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24/08/2026

Cross-Border Divorce in China: Who Gets Child Custody? ⚖️

Facing a divorce involving a foreign spouse in China? Child custody is determined strictly by the "Best Interests of the Child" principle. Courts evaluate:

Primary Caregiver: Who daily looks after the child?

Living Environment: Stability of residence, school, and support systems.

Child’s Age & Wishes: Special weight given to infants (usually with mothers) and children over 8.

Nationality does not determine custody—the child’s welfare comes first. Need expert legal guidance on family disputes? Add our wechat:chinalaw2001

22/08/2026

Legal Tips: Maternity Leave and Maternity Allowance for Foreign Employees in China
1. Maternity Leave Duration (Duration & Applicability)
National Statutory Baseline (98 Days):
Under China's national labor laws, female employees are entitled to a 98-day standard maternity leave. This statutory requirement applies universally to both Chinese citizens and foreign nationals working legally in China.

Local Incentive Leave (Extended Leave):
To promote family planning, individual provinces and municipalities provide additional maternity leave days (e.g., an extra 60 days in certain regions) for local residents. However, these extended incentive leave days apply exclusively to Chinese citizens and generally do not extend to foreign nationals unless specifically stipulated by local policy or company rules.

2. Maternity Leave Salary and Allowance (Payment Mechanism)
Where Social Security (Maternity Insurance) is Paid:
If the employer has duly enrolled the foreign employee in the local social security system and contributed to maternity insurance, the employee will receive a maternity allowance (产假津贴) directly from the social insurance fund during the maternity leave period, calculated in accordance with local standards.

Where Social Security is NOT Paid:
If the employer has not contributed to social insurance for the foreign employee, the employer is legally obligated to pay maternity salary (产假工资) directly to the employee. This must be paid in full based on the employee's pre-maternity wage standard.

If you encounter any issues regarding maternity leave, please feel free to contact us. Our WeChat ID is:chinalaw2001

21/08/2026

Legal Notice & Precautions for Importing Used Cars from China

When importing used cars from China, foreign buyers face significant risks, particularly due to unlicensed brokers and ghost vehicle listings. To protect your investment, strictly observe the following legal and regulatory precautions:

Key Legal Safeguards & Risk Warnings：

Verify Business Licenses & Export Qualifications: Under China’s Foreign Trade Law and joint announcements by the Ministry of Commerce (MOFCOM) and relevant authorities on used car export administration, only qualified enterprises officially registered as Used Car Export Enterprises (二手车出口企业) are legally permitted to export pre-owned vehicles. Always demand their official business license and verify export credentials on the official MOFCOM service platform.

Inspect Title & Physical Authenticity: Ensure the seller holds clear, unencumbered title. In accordance with the Civil Code of the People's Republic of China (Contract Book provisions on sales contracts), verify the vehicle registration certificate (绿本) and road transport certificate to prevent purchasing stolen, scrapped, or heavily mortgaged vehicles.

Mandatory De-registration and Customs Filing: Legally exported used cars must undergo domestic de-registration for export at the local vehicle management office (车管所) and complete formal customs clearance. Avoid intermediaries who promise informal "grey-market" shipments.

Secure Payment & Jurisdiction Terms: Draft a comprehensive sales contract explicitly governed by Chinese law or a mutually agreed jurisdiction. Utilize escrow services or Letter of Credit (L/C) payment structures to mitigate the risk of fraud where "sellers" disappear after receiving deposits.

Legal Tip: If fraud occurs, foreign buyers can seek judicial remedies through Chinese people's courts under the Civil Code for contract breach or fraud, though cross-border enforcement can be complex. Prevention through strict due diligence is paramount.

If you encounter any issues when importing used cars from China, please feel free to contact us. Our wechat is :chinalaw2001

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