Legal Information

Firm news, insights on new laws, and frequently asked questions.

26 2026-10

Can a second-hand house that has been mortgaged still be bought and sold normally?

Mortgaged houses can be bought and sold. According to Article 406 of the Civil Code, they can be transferred during the mortgage period and the mortgagee shall be notified. In practice, it is recommended to first release the mortgage and then transfer the ownership, or to transfer the ownership with the mortgage in place, in order to prevent the misappropriation of funds through supervision of the...

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26 2026-10

What are the criteria for determining whether a second-hand house meets the "fully paid and sole-owned" requirements?

For second-hand houses, if they have been owned for five years and are the only housing owned by the family, they can be exempt from personal income tax; the length of ownership is calculated based on the earlier of the deed tax certificate or the registration date. According to Article 4 of the Notice of the Ministry of Finance and the State Taxation Administration No. 278 [1999], the length of o...

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26 2026-10

Who pays the deed tax and personal income tax for second-hand housing transactions?

For second-hand housing transactions, the buyer is the legal taxpayer for the deed tax, while the seller is the legal taxpayer for personal income tax. The two parties may agree on the actual tax burden. According to the Deed Tax Law and the Personal Income Tax Law, "housing that meets the 'five-year ownership and single-property' criteria" is exempt from personal income tax.

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26 2026-10

What materials are needed to transfer ownership of a second-hand house?

For the transfer of a second-hand house, the following documents are required: identity proof, online signing contract, certificate of ownership of immovable property, and tax payment certificate, etc. According to the "Interim Regulations on Real Estate Registration", both parties shall jointly apply for the transfer, and the transfer shall be subject to verification of seizure, mortgage, and pur...

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26 2026-10

Can the company suspend the payment of social insurance during the period of work-related injury?

During the period of suspension of work and retention of wages due to work-related injuries, the labor relationship between the employee and the employer continues to exist, and the employer is not allowed to stop paying social insurance premiums. According to the Social Insurance Law and the Work-Related Injury Insurance Regulations, any unauthorized suspension of social insurance payments may le...

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26 2026-10

How is the degree of nursing dependency assessed?

The degree of nursing dependency is assessed based on five daily activities such as eating and turning over, and is divided into three levels: complete, partial, and none. According to the "Regulations on Work-Related Injury Insurance", the living care allowance is calculated based on 50%, 40%, and 30% of the average wage in the coordinated area.

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26 2026-10

Will the disability rating change in the future?

After the assessment of the disability level, if there are changes in the injury condition, the applicant may apply for a review and appraisal. According to the provisions of the "Regulations on Work-related Injury Insurance" regarding the appraisal of labor capacity, if the original disability level does not match the actual situation, it can be reassessed, which will affect the adjustment of wor...

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26 2026-10

What is the difference between a re-inspection and a re-appraisal?

The re-examination and appraisal focus on the changes in the degree of disability after one year from the initial conclusion, while the second appraisal is for those who disagree with the initial conclusion and must apply for it within 15 days, and the result is final. The two appraisals have different prerequisites, time limits, and legal effects.

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26 2026-10

Who should pay for the labor capacity assessment fee?

The work-related injury appraisal fees are paid by the work-related injury insurance fund if the worker is insured, and by the employer if the worker is not insured. Non-work-related injuries are generally self-paid. It is recommended to advance the payment and then apply for reimbursement or make a claim with the receipts.

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26 2026-10

How are disability levels categorized?

The work-related injury disability is classified into ten levels of labor function impairment (with level I being the most severe) and three levels of self-care impairment according to GB/T 16180. The level determines the multiple of one-time disability compensation and other work-related injury benefits.

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26 2026-10

Can I request a re-appraisal if I disagree with the appraisal conclusion?

If you are not satisfied with the conclusion of the labor capacity assessment, you can apply to the provincial assessment committee for a reassessment within 15 days of receiving the conclusion. The conclusion will be final. To change the assessment level, there must be errors in the original assessment or new evidence to support it.

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26 2026-10

When can the labor capacity assessment be conducted?

The assessment of work capacity needs to be applied for after the work-related injury has been identified, and when the injury situation is relatively stable and there is a disability that affects work capacity; according to Article 21 of the "Regulations on Work-Related Injury Insurance", the municipal appraisal committee shall issue a conclusion within 60 days, and may extend the time limit by 3...

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26 2026-10

Which should be resolved first, the determination of work-related injury or the dispute over labor relations?

When the unit denies the labor relationship, the employer should first confirm the labor relationship through arbitration and then apply for work-related injury identification. According to the three-element identification issued by the Ministry of Labor and Social Security in 2005, the employer should proceed with identification, appraisal, and compensation afterwards.

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26 2026-10

What is the difference between a simplified procedure and a regular procedure?

The summary procedure is applicable to simple cases with clear facts and little disputes, and the case is concluded within three months by a single judge; the ordinary procedure is conducted by a collegial panel or a single judge, and the case is concluded within six months. The rights and protections guaranteed in the two procedures are the same.

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