Search DB
DB VIP Card
Delta Experts
Delta Sponsors
Invite friends
Ask the Experts
D&S Law Firm (11)
My question specifically relates to the Management fees that are charged by the companies that generally run unit complexes in China. Whilst I understand the need for management fees for buildings, in most western countries we also have a similar charged that is called a Body corporate fee. However unlike China these fees must be each month accounted for by the managing company in how they are utilized for the actual servicing of the building. They must justify the work that has been undertaken each month and showing invoices and photos of the work conducted. In my building complex we are charged a host of fees that are quite explainable, rubbish fee, cleaning fee and security fee, most are generally low rates. My major issue with my building is that the management fee is very expensive, compared to other buildings I have lived in China and there is no justification on how the money is utilized. The fee is almost double that of Hua fa gardens and the building is in a high state of disrepair, there is no water in the pools or fountains, the floors and lights are broken, there is no air-conditioning in the lifts and all the automatic doors are broken. My question is, Does the Chinese Government set the fee that these companies are allowed to charged per sqm, or are they an arbitrary number the companies set themselves? I have not signed any agreement with the management company for these fees, I am obligated to pay this fee without any justification on what this money is utilized for? They just term it “management fee” and when I have asked for a break down on what this money is used for they say they are not required to tell me. They have also informed me that the pools won’t have any water in it ever, as the developer did not get permission to open the pools when they built the building, however when I brought the unit, the developer told me the pools will be filled during the summer months by the management company and now I have been told that management company has no obligation to fix or even open the pools that have now turn bright green. This again seams like a made up story so they don't have to open the pools and keep the money. From my understanding most of the Chinese in my buildings don’t even pay the management fee, only the cost for the actual services they undertake, cleaning fee, rubbish fee ect ect. The company keeps chasing me to pay the fee, however they do not chase other people in the building. I don’t mind paying my share to upkeep the building, however a management fee that has no justification on how its utilized seams to be rampant over charging and profit making without any justification or actual real services provided for the fee they take. Can you explain the legal position on these fees and what if anything can be done to stop the management company to continue to accrue fees against my unit? They keep charging me this fee even thought they wont explain what it is used for, it seam impossibly unfair the be charged a fee without any justification. Your advice would be welcomed. Thanks
As for the property management fee, there is a standard for it. In Zhuhai, according to the relevant regulation(2001), the standard is as follows:
1. Multi-floor building(7 floors or less): Grade 1: 0．55Yuan per M2；Grade 2: O．45Yuan per M2; Grade 3: O．40Yuan per M2; Grade 4: o．35Yuan per m2.
2. high-floor building(8 floors or above with lift): Grade 1: 1．20Yuan per M2; Grade 2: 1．00Yuan per m2; Grade 3: 0．90Yuan per m2; Grade 4:0．80Yuan per m2; Grade 5: 0．70Yuan per m2.
The Management company could apply for the final fee pricing with the authority with 20% adjustment room under the said guideline of the goverment.And you may ask about the Grade of the building from the management company.
Generally speaking, the management fee should include the following:
The salary of the service employees of the management company;
The maintenance fee for the public facilities;
The greening maintenance fee;
The cleaning fee;
The public order maintenance fee;
Office expense;
Other fees agreed by the property owner.
As the owner of the property, you have the right to know about the breakdown of the management fee and what's the management fee of your garden.
Should you have any question, feel free to contact us.
JANE LI
LAWYER
D & S LAW FIRM, ZHUHAI
DIR:(86) 13823000900
FAX:(86-756)3355-170
EMAIL: lijianzhuan@dslawyer.com
Thanks for your attention: in case of purchasing an apartement in China , headed to chinese wife and foreigner husband together, in case of dead of one of the two party, how the inherits works? Is the husband or the wife the beneficiary? Thanks again.
If the apartment is purchased under the name of both the Chinese wife and foreign husband in P.R.China, the laws of China shall apply to the inheritance of the apartment.
According to the laws of P.R.China, if one of the couple dies, the other one is not the only person to inherit the apartment. The husband or wife, the children, and the parents of the deceased one shall have the right to inherit, except that the deceased one has a will in advance.
What's inconvenient for the living husband or wife is that he or she need to provide the certificate of their marriage to the authority (if the place of marriage registration is not in China, the documents shall be notarized and verified by the Chinese embassy. Let alone the relationship certificate between the deceased one and his children and parents.
I suggest that you may go to the Public Notary to prepare a notarized Will in the place where the apartment is located,stating that if either of you dies in the futher, the other party is the only one to inherit the apartment. And we could be of help for you to go through the said procedure.
If you have any inquir, feel free to contact us.
李间转 律师
JANE LI LAWYER
广东德赛律师事务所
D & S LAW FIRM, GUANGDONG
15&16/F,TORITA COMMERCIAL CENTER,
JING SHAN RD, ZHUHAI, P.R.CHINA 519015
TEL:(86-756)3355-171
DIR:(86-756)3925-911
Mobile:(86) 13823000900
FAX:(86-756)3355-170
EMAIL:jianzhuanli@dslawyer.com
Hi, I always travel through Gongbei borders to Macau and back. The queue at the Gongbei borders is supper long every time. However there is a special row for the Diplomatic pass. May I ask does someone how and where to get this diplomatic pass the 'easy way' and how much it would cost?
According to the regualations, only 2 kinds of the people can use that pass. They are the person who has the diplomatic authorization from their own country and the person who has a APEC pass Card. And these two things are not for sale and not allowed to sell. Any further information please feel free to contact me.
Benny Chen From DS Law Firm
Contact:07563253928,13703009323
I am British my wife is Chinese. Our son is 5 years old and was born in Dubai and has a birth certificate issued in Dubai. He is a British citizen. My wife is having problems getting him a permanent/long term visa in order for him to stay with her here in China. She has been told that she must have his birth certificate attested in Dubai by the Chinese Embassy in order for the visa to be processed. The problem is the Chinese Embassy in Dubai will only process/attest papers from people who are resident in the UAE, which we are not. Do you know if there is any other way this visa can be issued and if this procedure is correct? I have looked for information on various websites but have been unable to find anything. I look forward to your advice. Many thanks
Since the birth certificate was issued by the Dubai Authority, if it is used in China, it is needed to be verified by the Chinese Embassy in Dubai. Therefore, the procedure here is correct. In this case, i suggest you try to ask a lawyer in Dubai to notarize the birth certificate of your son and ask the Chinese Embassy to verify(attest)the notarization of the lawyer. Or you could ask for legal advice in Dubai.
If you have any inquiry, feel free to contact us.
广东德赛律师事务所
D&S Law Firm
地址：广东省珠海市吉大景山路东大商业中心15、16 楼
Address: 15-16/F, Torita Commercial Center, Jingshan Rd.
Jida, Zhuhai, Guangdong, P.R.C 519015
联系人：李间转 律师 和 陈坚 律师
Contact persons: Ms. Jane Li and Mr. Benny Chen
电话Tel: 13823000900 (Jane) , 13703009323 (Benny)
传真Fax : 86756-3355170
Website : www.dslawyer.com
E-mail: Lijianzhuan@dslawyer.com & Benny@dslawyer.com
What can be done if one strongly believes that a decision has been made unfairly and determined by other factors besides the facts and merits of the case. Since foreign consulate will not get involved nor will the Chinese foreign affairs office are there any their channels that can be take. What do the Chinese do when this happens?
If it is a court case, and you find the decision of the judge is not fair or ignore the facts and merit of the case, you shall have the right to appeal the case to the upper court within a legally given period of time.
If it is already an appeal case, the decision of which is final and binding, but you have enough new evidence to prove the facts, you could try to file a protest with the relevant procuratorate or apply for re-trial of the case with the upper court.
If you have any other inqiury, feel free to contact us.
广东德赛律师事务所
D&S Law Firm
地址：广东省珠海市吉大景山路东大商业中心15、16 楼
Address: 15-16/F, Torita Commercial Center, Jingshan Rd.
Jida, Zhuhai, Guangdong, P.R.C 519015
联系人：李间转 律师 和 陈坚 律师
Contact persons: Ms. Jane Li and Mr. Benny Chen
电话Tel: 13823000900 (Jane) , 13703009323 (Benny)
传真Fax : 86756-3355170
Website : www.dslawyer.com
E-mail: Lijianzhuan@dslawyer.com & Benny@dslawyer.com
In China, a foreign has the right to be represented in court fairly. As for your question, more info would be needed for further analysis. If you have any inquiry, feel free to contact us.
JANE LI
LAWYER
D & S LAW FIRM, ZHUHAI
TEL:(86-756)3253-925
DIR:(86) 13823000900
FAX:(86-756)3355-170
EMAIL: lijianzhuan@dslawyer.com
i would like to know whether corporate entities that are fully foreign owned, have complete autonomy of ownership, indefinitely or subject to a 5-10 years reversion of ownership to the state. Or is it based on international corporate law practices as in the States and the UK. This was posed to me by a Foreign Lawyer based in Singapore. Based on the Coca-cola case.
In general, a fully foreign owned enterprise in China has a complete autonomy of itself subject to the proposed business term in its articles of association. The ownership will not be reversed to the State except for the share transfer between the original foreign shareholder and the State.
If you have any further inquiry, feel free to contact us.
JANE LI
LAWYER
D & S LAW FIRM, ZHUHAI
TEL:(86-756)3253-925
DIR:(86) 13823000900
FAX:(86-756)3355-170
EMAIL: lijianzhuan@dslawyer.com
For example, we purchased a home and discovered after a heavy rain that the walls leaked and there was water damage. We were told the problem was in the drains and that the contractor involved in decoration of the interior was at fault. It was a ridiculous premise, and we raised hell until the construction company sent a man in to "fix" the problem. They now tell us that they have done all that they will do, any further issues will not be corrected by them. How do we force them to take responsibilities should any other issues arise?
First of all, you need to figure out who is responsible for the quality of the drain, the decoration contractor or the construction company. you could look at the fact which part of the drain caused the leakage and water damage.
If it is the interior part built by the decoration contractor, then you could force the contractor to fix the problem according to the contractual liability of the contractor.
If it is the fixed part of the drain built by the construction company originally,the construction company should fix the problem accordingly. You could go to the property management company in your neignbourhood to report the case.
otherwise you shall have the right to make a claim against the contractor or the construction company for the compensation.
广东德赛律师事务所
D&S Law Firm
地址：广东省珠海市吉大景山路东大商业中心15、16 楼
Address: 15-16/F, Torita Commercial Center, Jingshan Rd.
Jida, Zhuhai, Guangdong, P.R.C 519015
联系人：李间转 律师 和 陈坚 律师
Contact persons: Ms. Jane Li and Mr. Benny Chen
电话Tel: 13823000900 (Jane) , 13703009323 (Benny)
传真Fax : 86756-3355170
Website : www.dslawyer.com
E-mail: Lijianzhuan@dslawyer.com & Benny@dslawyer.com
According to the regulation in China, the hourly rate of lawyer's fee ranges from RMB200 to RMB 3000. It differs from lawyer to lawyer, case to case.
JANE LI
LAWYER
D & S LAW FIRM, GUANGDONG
15&16/F,TORITA COMMERCIAL CENTER,
JING SHAN RD, ZHUHAI, P.R.CHINA 519015
TEL:(86-756)3355-171
DIR:(86) 13823000900
FAX:(86-756)3355-170
I am from Hongkong and own a small company in Hongkong. And now I am planning to move my business to Guangzhou. So I would like to know what will be the lower cost if open a Guangzhou company or a reprecentive office? And what will it require?
The main difference between a Reprecentive Office ("RO") and a foreign-owned company in China is that the RO is only for the use of liaison. It means that investor shall not run business through the RO. If you establish a RO, you need to keep the HK company to run the business and use the RO for contact.
If you want to move the whole business to Guangzhou and cancel your HK company, we suggest you should establish a foreign-owned company.
The establishment of a company requires the approval from the authority and the registration with the authority. If you want more details, you could contact us.
JANE LI
LAWYER
D & S LAW FIRM, GUANGDONG
15&16/F,TORITA COMMERCIAL CENTER,
JING SHAN RD, ZHUHAI, P.R.CHINA 519015
TEL:(86-756)3355-171
DIR:(86) 13823000900
FAX:(86-756)3355-170