CHINA Law and Practice Contributed by: Yang Cheng, Songshan Liu, Yan Yu and Weina Wang, Lantai Law Firm
viewee of the interview format, including any recording and confidentiality requirements. Where personal information is processed, interview - ees should be informed, at a general level, of the purpose of processing and their right to review and correct interview records. At the conclusion of the interview, the interview record is usually reviewed and confirmed, including by signature or reliable electronic means. 3.8 Stopping the Interview In HR internal investigations, interviews must not infringe the interviewee’s dignity, health or lawful rights. Where an interviewee requests suspension, the interview should generally be suspended, with the time, reason and circumstances recorded in the investigation file. PRC law does not specifically regulate interview suspension but interviews may be suspended and later resumed for legitimate reasons, provided procedural continuity and record integrity are preserved. During suspension, employers should not exert pressure or impose adverse consequences. Once the reasons for suspension no longer exist, the interview may be resumed, with the continuation clearly noted in the interview record. 3.9 Minutes In HR internal investigations, interviews are typically documented through interview minutes, which serve as key evidence, particularly where the employer bears the burden of proof. PRC law does not require verba - tim transcripts. Summarised minutes are acceptable provided they accurately reflect the substance of the interview, including basic interview information and key questions and responses. Interviewees are gener - ally allowed to review the minutes. A signature is not legally required; refusal to sign does not invalidate the minutes and may be recorded. There is no requirement for minutes to be taken by external parties. Minutes may be prepared by authorised internal investigators and must comply with applicable personal information protection requirements. 3.10 Recording Interviews in HR internal investigations may be audio- recorded, provided the interviewee is informed in advance and consents. PRC law does not prohibit
recording, but covert recording or surveillance that infringes personal privacy may undermine evidentiary value and create legal risk. Recording is commonly used in complex or high-risk investigations. A verbatim transcript is not required. In practice, written interview minutes are prepared and reviewed, with recordings used only as supplemen - tary materials. Recordings or transcripts are generally shared on a strict need-to-know basis. Where recording is not used or not permitted, employ - ers typically ensure reliability through procedural safeguards such as having two interviewers present, contemporaneous note-taking, and confirmation of interview minutes, including in remote interviews. 3.11 Other Fact-Finding Interviews are not the only fact-finding method in HR internal investigations. Employers commonly rely on document and record review, electronic data within lawful control, and evidence preservation to establish relevant facts. Typical materials include the following, collected in accordance with internal rules and legal requirements: • employment records; • approval and payment documents; • expense claims; • internal policies; • work emails; • messaging records; and • system logs. Evidence is usually preserved to ensure integrity and traceability. Background checks or third-party inquiries, where used, are limited to lawful public information or vol - untary co-operation and may not involve coercive measures. Employers may not restrict personal free - dom, engage in covert surveillance, access personal devices without authorisation, or fabricate or destroy evidence.
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