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China Law Express Update for 25-MAY-2010
1. The State Council Approves the Implementation of Yangtze River Delta Regional Scheme
The State Council has recently officially approved the implementation of the Yangtze River Delta Regional Scheme (Scheme), which clarifies the scope and strategic positions of the Yangtze River Delta for development. The Scheme points out that Yangtze River Delta includes Shanghai Municipality, Jiangsu province and Zhejiang province within an area of 210,700 square kilometres.
2. Guangdong Introduces Model Combining Civil Lawsuits and Mediation
The Guangdong Higher People's Court and the Guangdong Comprehensive Administration Office recently released the Opinions on Implementing a Combination Between Court Mediation and Comprehensive Governing at Grassroot Level (Trials) (Opinions), which points out that civil dispute cases can be resolved in comprehensive management offices under the courts' authorisation, and that the hearing of general cases should not last more than one month.
3. Full Text Translation: Circular on 2010 Enterprise Income Tax Pre-Payment by Small Profit-Making Enterprises (Guoshuihan [2010] Document No.185)
In order to fulfil the Circular of the Ministry of Finance and the State Administration of Taxation on Relevant Policies for Small-Profit-Making Enterprises Concerning Enterprise Income Tax (Caishui [2009] Document No. 133), as well as guarantee the smooth progress of enterprise income tax pre-payment by favoured small profit-making enterprises, the relevant issues regarding enterprise income tax pre-payment by small profit-making enterprises is herein clarified as follows:
4. Four Ministries Seek Feedback on Administrative Measures for Government Procurement of Domestic Goods
In order to standardise government procurement, the Ministry of Finance (MOF), the Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the General Administration of Customs (GAC) recently jointly drafted and released the Administrative Measures for Government Procurement of Domestic Products (Draft for Feedback) (Administrative Measures) to seek public feedback. The deadline of feedback collection is 2 June 2010, and the public may submit their opinions and suggestions by post, fax or via email.
5. MLR Plans to Release New Regulations to Solve Law Enforcement Problems Concerning Illegal Land Use
In response to actual law enforcement difficulties faced by land and resources administrative authorities at all levels, the Ministry of Land and Resources (MLR) released the Measures for Land and Resources Administrative Penalties (Draft for Feedback) on 24 May 2010 to seek feedback from the public. People may provide feedback and suggestions online before 31 May 2010.
6. Beijing: Real Estate Agencies Banned from Partitioning Rooms for Group Rental
The Beijing Real Estate Agency Association (BJREAA) recently released the Procedures for Housing Rental Agency Business and the Precautions for Housing Rental Agencies, which requires real estate agencies not to dismantle and rebuild houses without the lessor's permission, and also not to partition rooms for group rentals.
7. Other Newly-Updated Laws and Regulations (25 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlink below:
China Law Express Update for 24-MAY-2010
1. SAT Releases Documents to Close Loopholes in Enterprise Income Tax for Real Estate Development Enterprises
The State Administration of Taxation (SAT) recently released the Circular on Confirmation Issues Regarding Construction Completion Conditions for Real Estate Development Enterprises (Circular), which stipulates that the time when development projects begin conducting property handovers or actual operational use should be regarded as the time of project completion, and also indicates the need to promptly settle enterprise income tax according to provisions.
2. China's Courts Carry out Special Governing Actions to Resolve Appeals and Petitions Concerning Administrative Cases
In the recent national courts forum for administrative trials, the Supreme People's Court decided to comprehensively implement special governing actions to resolve appeals and petitions concerning administrative cases in courts across the country from 22 May to the end of this year.
3. Other Newly-Updated Laws and Regulations (24 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
4. CSRC Plans to Oversee Sponsors Strictly
According to the China Security Regulatory Commission (CSRC), the Guidelines for Internal Control in Sponsorship Business (Guidelines) will be released and carried out within the year. When the time comes, sponsor institutions must establish specific departments to take charge of sponsorship business internal controls.
5. Commentary: Requirements for Overseas Financial Institutions Participating in Stock Investments of Insurance Firms
The China Insurance Regulatory Commission (CIRC) recently released the Administrative Measures for Equity Shares of Insurance Firms (Measures), which will become effective on 10 June 2010. The Measures clarifies the requirements for overseas financial institutions undertaking stock investments of insurance companies, and the details are given below:
6. Comprehensive Establishment of General Counsel System in CAEs to be Completed
The director of the Bureau of Policies, Laws and Regulations of the State-Owned Assets Supervision and Administration Commission (SASAC), Zhou Yubo, has said that all Centrally Administered Enterprises (CAEs) and their important subsidiary enterprises will establish the general counsel system next year.
China Law Express Update for 21-MAY-2010
1. China to Adjust the Standard Amount of Applicable Resources Tax for Refractory Clay and Fluorite
In order to improve the reasonable development and utilisation of refractory clay and fluorite, the Ministry of Finance (MOF) and the State Administration of Taxation (SAT) recently jointly released the Circular on Adjusting the Standard Amount of Applicable Resources Tax for Refractory Clay and Fluorite (Circular), on its decision to adjust the standard amount of applicable resources tax for the products below from 1 June 2010.
2. Other Newly-Updated Laws and Regulations (21 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
3. Administrative Measures for Equity Shares of Insurance Firms Released
On 20 May 2010, the China Insurance Regulatory Commission (CIRC) released the Administrative Measures for Equity Shares of Insurance Firms (Measures), which is scheduled to be carried out on 10 June 2010. The Measures regulates issues regarding the eligibility criteria of shareholders, stock investments, alteration of equities, in which the proportion of single shareholders investing in insurance company is somewhat relaxed; and also includes for the first time provisions for insurance firms competing with other insurance firms, as well as listing and financing and other issues.
4. Beijing Repeals Five Regulations
On 6 May 2010, the Beijing Municipal People's Government released the Decisions of the Beijing Municipal People's Government on Repealing Five Regulations such as the
5. SAT Clarifies Issues Concerning Consumption Tax on Light Hydrocarbon Products
The State Administration of Taxation (SAT) recently released the Reply of the State Administration of Taxation on Issues Regarding Consumption Tax on Natural Gasoline Products, which clarifies that natural gas liquids consisting of pentane and heavy hydrocarbon components recovered by oil and gas enterprises through heating, supercharging, cooling, and refrigerating during the oil and gas production process shall be classified within the scope for crude oil rather than the scope for consumption tax on refined oil.
6. MOF Seeks Feedback on Interpretation No. 4 for Enterprise Accounting Rules
The Ministry of Finance (MOF) recently sent notice to seek feedback on the Interpretation No. 4 for Enterprise Accounting Rules (Draft for Feedback) (hereinafter referred to as Draft). The Draft comprises five articles which clarify the accounting treatments for share payment transactions between different enterprises within the same business group, accounting treatments for buyers' intermediary costs for audits, legal services, appraisal and consulting for business combinations not under the same control, as well as accounting standards for guarantee business in a guarantee company.
China Law Express Update for 20-MAY-2010
1. PBC Releases Rules for Financial IC Cards
The People's Bank of China (PBC) recently released the Chinese Financial IC Card Standards (Version 2010) (hereinafter referred to as the Standards), which revises a series of industrial standards for the application of Chinese IC cards. Compared with the Chinese Financial IC Card Standards (Version 2.0) issued in 2005, the Standards supplements rules for non-contact communications as well as regulations for small payments, modifies and improves debit credit record functions, and designs operational specifications based on debit-credit small payments.
2. The China's First Measures for Handling with Tourist Complaints Will be Carried out on 1 July
On 19 May 2010, the National Tourism Administration (NTA) released China's first Measures for Settlement of Tourist Complaints (Measures), which is scheduled to be carried out on 1 July 2010. The Measures defines time limits for tourist complaints, departments handling tourist complaints, the scope of jurisdiction for complaints, as well as the rules for dealing with complaints.
3. Provisions for TV Series Content Management Published
The State Administration of Radio Film and Television (SARFT) recently released the Provisions on TV Series Content Management (Provisions), which will become effective on 1 July 2010. The Provisions comprises 6 chapters and 41 articles that clarify the filing and notification of TV series contents, censorship and licencing, broadcast administration as well as legal responsibilities, etc.
4. Beijing Bans Sale of Hotel-Style Apartments to Individuals
On 19 May 2010, the Beijing Municipal Commission of Housing and Urban-Rural Development, the Beijing Municipal Commission of Development and Reform, the Beijing Municipal Commission of Urban Planning and the Beijing Municipal Bureau of Land and Resources jointly released the Circular on Issues Regarding Strengthening the Management of Hotel-Style Apartment Sales (Circular), which will become effective on 1 June 2010. The Circular clarifies that the hotel-style projects that sign land transfer contracts after May 31 will be uniformly prohibited from being sold in levels or units.
5. The Supreme Procuratorate: Seizing or Freezing Money and Property before Case Filing Strictly Prohibited
The Supreme People's Procuratorate (Supreme Procuratorate) recently printed and distributed the revised People's Procuratorate Regulations for Distraining and Freezing Money and Property Involved in Cases (Regulations), which further clarifies the boundaries and limits for Procuratorate authorities to seize or freeze money and property involved in cases, and also reinforces and improves the relevant procedures concerning seizures and freezes of properties involved in cases.
6. MPS Releases New Measures to Expand Range of Recipients for Residence Permits
The Ministry of Public Security (MPS) recently released new measures to issue residence permits to foreigners who need to stay in China for more than six months and who meet the stipulated requirements as well as are able to provide the relevant evidential documents. Foreigners who meet the five conditions listed below can apply for residence permits with the corresponding validity periods:
7. Measures for Professional Nursing Qualifications Practice Examinations Released
Recently, the Ministry of Health (MOH) and the Ministry of Human Resource and Social Security (MOHRSS) jointly released the Measures for Professional Nursing Qualifications Practice Examinations (Measures), which will become effective on 1 July 2010. The Measures stipulates that the national nursing practice examination is the examination that evaluates whether applicants for nursing practice qualifications have mastered the necessary nursing knowledge and work abilities; all those who pass the examination can apply to register for nursing practice.
8. Other Newly-Updated Laws and Regulations (20 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlink below:
China Law Express Update for 19-MAY-2010
1. Beijing: Individual Social Insurance Payment Details Appear in Social Insurance Statements for the First Time
From 18 May 2010, the Beijing Municipality will begin mailing the 2009 individual social insurance payment statements, and around 5 million participants should receive their social insurance statements for pension, unemployment, work-related injury and maternity insurance for 2009 before 30 June.
2. VAT Legislation Incorporated into the Legislative Plans of the State Council
According to the State Administration of Taxation (SAT), value-added tax (VAT) legislation has been incorporated into the legislative plans of the State Council and will be submitted to the Law Committee of the National People's Congress (NPC) for deliberation this year. SAT requires all tax authorities to coordinate actively with SAT regarding all preparatory work for VAT legislation, and meticulously organise calculations for all kinds of legislative plans.
3. CSRC Improves Rules to Reinforce Classified Supervision and Administration of Securities Companies
The China Securities Regulatory Commission (CSRC) recently released the Decisions on Revising the
4. Other Newly-Updated Laws and Regulations (19 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
5. Commentary: Standards for Filing and Prosecuting Criminal Cases Concerning Audit Crimes
The Supreme People's Procuratorate and the Ministry of Public Security recently released the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecuting Criminal Cases Concerning Economic Crimes Administered by Police Organisations II (Provisions II), which became effective on 1 May 2010. The Provisions II clarifies the standards for filing and prosecuting criminal cases concerning audit crimes, and the details are given below:
6. SAT Releases Document to Define Issues Regarding Pre-Tax Deductions of Bad Debts for Telecommunications Enterprises
The State Administration of Taxation (SAT) recently released the Circular on Issues Regarding Pre-Tax Deductions of Losses on Bad Debts for Telecommunications Enterprises (Circular), which became effective on 1 January 2009. The Circular points out that telecommunications enterprises may deduct from their enterprise income tax customer arrears of small individual amounts of receivable charges that they have failed to recover for more than one year.
China Law Express Update for 18-MAY-2010
1. New Standards for Internet Mapping Released
The State Bureau of Surveying and Mapping (SBSM) recently revised and released the Professional Standards for Internet Mapping Services (Standards), which brings maps transferred on wireless internet devices such as mobiles phones and PDAs into its scope of administration. The revised Standards divides internet mapping services into four segments, including map searching and positioning services, geographic information annotation services and map downloads and copy services, as well as map transmission and quotation services.
2. China to Regulate Standards for Filing and Prosecuting Criminal Cases Concerning 86 Economic Crimes
On 18 May 2010, the Supreme People's Procuratorate and the Ministry of Public Security jointly printed and distributed the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecuting Criminal Cases Concerning Economic Crimes Administered by Police Organisations II (hereinafter referred to as the Provisions II), which stipulates the standards for filing and prosecuting 86 criminal cases administered by the economic crime investigation departments of the police, out of which 48 standards have been newly developed or revised and enhanced.
3. Regulations on Establishing Foreign-Funded Investment Companies to be Revised
The Ministry of Commerce (MOFCOM) said during its routine press conference on May 17 that it would revise the regulations on establishing foreign-funded investment companies, and encourage multinational corporations to set up regional headquarters and functional institutions such as research and development centres, purchasing centre as well as profit centres within China.
4. Other Newly-Updated Laws and Regulations (14 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
5. Beijing: Ten Departments Jointly Investigate Illegal Acts by Property Developers
On 17 May 2010, ten departments including the Beijing Municipal Commission of Housing and Urban-Rural Development, the Beijing Municipal Commission of Development and Reform, and the Financial Bureau of Beijing jointly released the Implementing Plans for Special Inspections Concerning Operating Activities of Property Development Enterprises in Beijing (Plans), which indicates that they will conduct inspections focusing on enterprises involved in illegal land exploration, housing demolition, property sales and property management activities.
China Law Express Update for 14-MAY-2010
1. China Adjusts the Government Procurement Lists of Products with China Environmental Labels
The MOF and the MEP recently issued the Circular of the Ministry of Finance and the Ministry of Environmental Protection on Adjusting the Government Procurement Lists of Products with China Environmental Labels (Circular), which further expands the range of products with China Environmental Labels for government procurement. The Circular points out that government buyers should prioritise purchasing products which are listed in both ''government procurement lists of products with China Environment Labels'' (hereinafter referred to as the Environmental List) and ''government procurement lists of energy-saving products'' when buying products within the range of compulsory government procurement lists for energy-saving products.
2. Other Newly-Updated Laws and Regulations (14 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
3. CIRC Provisions on Administrative Penalty Procedures Released
The China Insurance Regulatory Commission (CIRC) recently released the Provisions of the China Insurance Regulatory Commission for Administrative Penalty Procedures (Provisions), which became effective on 8 May 2010. The Provisions comprises 6 chapters with 84 articles, and clarifies issues regarding jurisdiction, case filing and investigation, and enforcement of administrative penalties.
4. Ten Ministries Release Document to Restrain Overcapacity and Redundant Construction in Parts Industries
Recently, ten ministries including the NDRC, MIIT, MOF, PBC, MLR jointly released the Several Opinions on Restraining Overcapacity and Redundant Construction in Certain Industries and Guiding the Healthy Development of Industries (Several Opinions), which requires all regions to speed up in promoting industrial restructuring, strongly discourage overcapacity and redundant construction in certain industries, as well as guide the orderly development of emerging industries. The Several Opinions lists the circumstances concerning overcapacity and redundant construction in 10 industries and proposes the relevant government policy guidance and principles for response.
5. Four Banks Including BOC Approved to Engage in NTD Currency Exchange Business in Shanghai
Yangyi, the press spokesman of the Taiwan Affairs Office of the State Council, revealed yesterday that following the Bank of Communications (BOCOM), the Bank of China (BOC), the Industrial and Commercial Bank of China (ICBC), the Shanghai Pudong Development Bank (SPDB) and the Bank of Shanghai (SOB) will be allowed to set up an NTD currency exchange business in Shanghai in the near future.
China Law Express Update for 13-MAY-2010
1. Other Newly-Updated Laws and Regulations (13 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks as below:
2. China Releases Document to Further Support the Development of Foreign Investment
The State Administration for Industry and Commerce (SAIC) recently released the Several Opinions on Fully Developing the Impact of the Role of Industry and Commerce Administration and Providing Effective Services to Promote the Development of Foreign Investment Enterprises (Several Opinions), which requires industry and commerce authorities in all provinces to provide services to foreign investment enterprise (FIEs) in five aspects, including encouraging foreign investors to increase investment, increasing service capability for the development of FIEs, and creating an excellent market environment.
3. China Encourages Private Capital Involvement in Several Areas
The State Council recently released the Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investments (Several Opinions), which further encourages private investment to enter areas such as basic industries, policy-related housing construction, financial services, the defence science and technology industry and many other fields.
4. Two Ministries Release Document to Strengthen the Administration of Credit Guarantee Funds for Small and Medium-Sized Enterprises
The Ministry of Finance (MOF) and the Ministry of Industry and Information Technology (MIIT) recently jointly released the Tentative Measures for the Administration of Credit Guarantee Funds for Small and Medium-Sized Enterprises (Tentative Measures), which standardises and reinforces the administration of credit guarantee funds, and also imcreases efficiency in the use of funds for small and medium-sized enterprises.
5. China Terminates Preferential Policy for Electricity Charges
On 12 May 2010, the NDRC, SERC and the NEA jointly issued the Circular on Issues Regarding Terminating the Preferential Electricity Charges for High Energy Consumption Enterprises (Circular), to comprehensively liquidate preferential electricity charges for high energy consumption enterprises. The Circular stipulates that a punitive electricity price will be charged for energy consumption exceeding the standard prescribed limits.
6. The Supreme Procuratorate Printed and Distributed Circular to Intensify the Investigation on Serious Bribery Crimes
The Supreme People's Procuratorate recently printed and distributed the Circular on Further Intensifying Investigations of Serious Bribery Crimes (Circular), which calls for the procuratorates at all levels to strictly enforce the provisions in criminal law and criminal procedures law, to intensify investigation efforts for serious bribery crimes. The key areas for investigation include eight types of bribery crime cases, such as bribing state organisations and their staff, and state functionaries providing bribes for promotion.
China Law Express Update for 12-MAY-2010
1. MPS Authorises Guangdong to Reissue and Renew Taiwan Compatriot Certificates Valid for Five Years
The Ministry of Public Security (MPS) has recently decided to authorise the Entry and Exit Division of Public Security Department of Guangdong Province to reissue and renew five-year validity Taiwan Compatriot Certificates from 25 May 2010. The public security department of Guangdong will accept applications for renewals and reissues of Taiwan Compatriot Certificates submitted by Taiwan residents due to lost, damaged, or expired documents, or blank visa pages that are about to run out.
2. China to Clarify Issues Regarding Grassland Vegetation Restoration Fees
The Ministry of Finance (MOF) and the National Development and Reform Commission (NDRC) recently jointly issued the Circular on Relevant Issues for Approving the Charges for Restoration of Grassland Vegetation (Circular), which clarifies that units and individuals engaging in exploration and exploitation of mineral resources, expropriation or using grassland for engineering construction, as well as engineering construction, prospecting, or tourism activities that temporarily occupied the grassland, and that have yet to fulfil their obligations of restoration, must pay grassland vegetation restoration charges.
3. Commentary: Shenzhen Defines the Criteria for Suspected Occupational Diseases
The Tentative Measures for Reporting Occupational Diseases in Shenzhen (Measures) released by the Health, Population and Family Planning Commission of Shenzhen Municipality has recently defined the criteria for suspected occupational diseases. Workers may be regarded as suspected occupational disease patients when any one of the following circumstances occurs:
4. Buyers May Claim Compensation for Housing Renovations Failing to Meet Standards
The Ministry of Housing and Urban-Rural Development (MOHURD) recently released the Circular on Further Intensifying the Quality Control and Responsibility for Residential Projects (Circular), which points out that house buyers have the right to claim for compensation from construction units based on their contracts if the quality of the foundation and main structures of their houses fail to meet the acceptable quality standard upon legal inspections, or if the renovation standards for a fully renovated house fail to conform to the stipulations in the contract.
5. Shenzhen: The Discovery of Occupational Diseases Accidents Ought to be Reported Within Two Hours
On 11 May 2010, the Health, Population and Family Planning Commission of Shenzhen Municipality released the Tentative Measures for Reporting Occupational Diseases in Shenzhen (Measures), which became effective that same day. The Measures stipulates the measures and requirements for occupational diseases, and also emphasises that employers, clinics and relevant organisations must report immediately to local district level centers for disease control and prevention, health inspection institutes and other relevant departments upon discovering occupational disease accidents; within the time limit of two hours after discovering the accident.
6. Other Newly-Updated Laws and Regulations (12 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
China Law Express Update for 11-MAY-2010
1. SASAT Plans to Implement Special Inspections on Overseas M&As by Centrally Administered Enterprises
The State-Owned Assets Supervision and Administration Commission (SASAC) recently released the Circular on Implementing Special Inspections on Overseas M&As by Centrally Administered Enterprises (Circular) to announce plans to start special inspections on issues regarding overseas M&As by centrally administered enterprises.
2. Punitive Indemnity Clause Added in The Second Revision of Consumer Law
The Consumer Rights and Benefits Protection Law (hereinafter referred to as the Consumer Law) which had been issued for 16 years has officially entered the second round of amendments, with, the latest draft for revision adding contents such as a cooling-off period for consumers purchasing products through methods such as telephone sales, mail order sales, and door-to-door sales; as well as personal data privacy rights.
3. The Implementation of the ''Filing Once and Examination Twice System'' for Movies To Start in July
The State Administration of Radio Film and Television (SARFT) recently released the Notice for Comprehensively Implementing the ''Filing Once and Examination Twice System'' (Notice), which points out that comprehensive implementation of the ''registration once and examination twice system'' will start on 1 July 2010.
4. SZICPA Seeks Feedback on the Administrative Measures for Service Charges by Accounting Firms
On 10 May 2010, the Shenzhen Institute of Certified Public Accountants (SZICPA) released a letter to seek feedback on the Administrative Measures for Service Charges by Accounting Firms in Shenzhen (Draft for Feedback) (Administrative Measures). The Administrative Measures clarifies that accounting firms should charge fees based on number of working hours or pieces of work; however, the charges based on working hours must not be lower than the minimum price stipulated in the price guides in these measures, otherwise these accounting firms will be viewed as unfair competition.
5. CSRC Repeals Parts of Regulations for Securities and Futures
The China Security Regulatory Commission (CSRC) recently announced that it would once again sort out the regulations for securities and futures issued by CSRC from its establishment to 31 December 2009, and simultaneously published seven securities and futures regulations which had been or should have been repealed in 2009.
6. Other Newly-Updated Laws and Regulations (11 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
China Law Express Update for 7-MAY-2010
1. MOFCOM Seeks Feedback on Statistical System for Foreign Labour Service Cooperation and Overseas Employment Services
On 5 May 2010, the Ministry of Commerce (MOFCOM) released an announcement stating that MOFCOM planned to revise the Statistical System for Foreign Labour Service Cooperation and Overseas Employment Services issued in 2008. For this reason MOFCOM has decided to seek feedback from members of the public, who may submit their suggestions via fax or email to MOFCOM till 30 June 2010.
2. State Post Bureau Issues Administrative Measures for Industry Standards
In order to strengthen the administration of industry standards for the postal industry and implement industry standardisation in an orderly manner, the State Post Bureau (SPB) recently formulated and released the Administrative Measures for Postal Industry Standards (hereinafter referred to as the Measures), which became effective that same day.
3. CSRC Releases Revised Measures for Administrative Reviews
On 5 May 2010, the China Security Regulatory Commission (CSRC) officially released the newly revised Measures of the China Security Regulatory Commission for Administrative Reviews (Measures), which is scheduled to be carried out on 1 July 2010. The Measures gives institutionalised provisions for the newly established review committee, and also refines a whole set of procedures such as the acceptance and hearing of administrative reviews.
4. Other Newly-Updated Laws and Regulations (7 May 2010)
Other Newly-Updated Laws and Regulations (7 May 2010)
5. Shenzhen to Adjust the Upper Limits of Housing Funds for Individual Income Tax Deductions
On 5 May 2010, the Shenzhen Local Taxation Bureau (SZLTB) released the Circular of the Shenzhen Local Taxation Bureau on Adjusting the Upper Limits of Housing Funds (or Housing Allowances) for Individual Income Tax Deductions (Circular), which specifies that the upper limit of housing funds (or housing allowances) for individual income tax deduction from enterprises and individuals is permitted to be RMB 2803 per month.
6. Beijing Plans to Release Penalty Measures for Medical Insurance Funds Defraudation by Individuals
The Beijing Human Resources and Social Security Bureau (BJHRSSB) recently said that Beijing would set up an employment management system to cover all rural and urban workers in the near future, and launch penalty measures for individuals involved in defrauding medical insurance funds.
7. SAIC Releases Typical Cases of Registered Trademark Protection for Domestic and Foreign Enterprises
On 4 May 2010, the State Administration for Industry and Commerce (SAIC) released the Typical Cases of Registered Trademark Protection by the Industry and Commerce Administration for Domestic Enterprises in 2009, the Typical Cases of Registered Trademark Protection by the Industry and Commerce Administration for Foreign Enterprises as well as Ten Significant Cases of Registered Trademarks Handed over to Police from the Industry and Commerce Administration in 2009.
China Law Express Update for 6-MAY-2010
1. Minimum Wage Standards Raised in 11 Provinces and Municipalities This Year, Another 20 Provinces to Follow Suit
Following Jiangsu's initiative in being the first within China to raise minimum wage standards, another 11 provinces and municipalities including Shanghai, Zhejiang, Guangdong, Fujian and Shandong have adjusted their minimum wage standards successively more than 10% upwards, with some areas going higher than 20%. Moreover, the Ministry of Human Resources and Social Security has said that 20 other provinces also plan to adjust their minimum wage standards this year.
2. Housing Reserve Loan Down Payments for Purchasing Second Homes Increased to 50% in Beijing
With immediate effect, neither commercial loans nor housing reserve loans will be issued to families purchasing their third homes in Beijing. Recently, the implementation of new policies from ''12 Rules in Beijing'' for housing reserve loans began: loans for the purchase of third homes were suspended, and down payments for purchasing second homes were raised from 40% to 50%.
3. MOFCOM Seeks Feedback on WTO Negotiations on Intellectual Property Issues
On 4 May 2010, the Department of WTO Affairs (WTO Department) under the Ministry of Commerce (MOFCOM) released a notice to seek feedback on intellectual property issues which will be discussed in the Doha Round of negotiations. The deadline for feedback collection is 1 June 2010; the relevant departments and enterprises may contact the WTO Department via phone, fax or email.
4. Other Newly-Updated Laws and Regulations (6 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
5. The State Council Releases Document to Ensure the Achievement of Energy-Saving and Emission Reduction Targets in the ''Eleventh Five-Year Plan''
On 5 May 2010 the Circular of the State Council on Further Intensifying Efforts to Ensure Achieving Energy-Saving and Emission Reduction Targets in the ''Eleventh Five-Year Plan'' (Circular) was released, clarifying that China will further intensify efforts in 14 aspects to ensure the achievement of reducing 20% of energy consumption per GDP unit as stipulated in the ''Eleventh Five-Year Plan''.
China Law Express Update for 5-MAY-2010
1. Shanghai Releases Nine Preventive Measures to Enhance Campus Safety
On 4 May 2010, the Shanghai Police Bureau announced that in order to further carry out the task of maintaining campus safety, the Shanghai Police will carry out nine new measures, including stationing on-site guards ten minutes before the school's starting time and closing time as soon as possible.
2. China Will Effect the First Police Disciplinary Regulations
On 21 April 2010, the Ministry of Supervision (MOS), the Ministry of Human Resources and Social Security (MOHRSS) and the Ministry of Public Security (MPS) jointly released the Disciplinary Regulations for Civilian Police in Public Security Organisations (hereinafter referred to as the Disciplinary Regulations), which will be carried out on 1 June. These are the first departmental regulations which systematically standardise discipline for public security organisations and civilian police as well as disciplinary actions for violations of rules.
3. Business Tax Exemption for International Transport Services from 2010
The MOF and SAT recently jointly released the Circular on Business Tax Exemption for International Transport Services (Circular), which stipulates that business tax exemption for domestic units or individuals providing international transport services will be carried out from 1 January 2010.
4. Subsidies Policy for Effective Energy-Saving Air Conditioners Extended for One More Year
Recently, the Ministry of Finance (MOF) and the National Development and Reform Commission (NDRC) printed and distributed the Circular on Adjusting the Financial Subsidies Policy To Promote Effective Energy-Saving Air Conditioners (hereinafter referred to as the Circular) on its decision to make adjustments to the subsidies policy to promote effective energy-saving air conditioners.
5. China Plans to Intensify Crackdown Efforts on Detrimental Online Information and Illegal Activities
In order to further promote the scientific, healthy and orderly development of the internet, China will implement measures such as intensifying crackdowns on detrimental online information and illegal network activities.
6. Full Text Translation: Circular on Relevant Issues Concerning Export Tax Rebates for Foreign Trade Enterprises That Lost the Special VAT Invoice Offset Page (Guoshuihan [2010] Document No.162)
According to Article 28 of the Circular of the State Administration of Taxation on Revising the
7. SFDA Releases Document to Ensure Consumer Safety of Imported Health Food and Cosmetics within the Expo Park
The State Food and Drug Administration (SFDA) recently released the Announcement on Relevant Issues Regarding Administrative Permits for Imported Health Food and Cosmetics in the Shanghai World Expo (Announcement), which clarifies that the Shanghai Food and Drug Bureau (SHFDB) has been delegated authority for examination and approval. SHFDB must approve the import of health food and cosmetics (including free products given to visitors) before they can be displayed for sale in the Expo Park.
8. Other Newly-Updated Laws and Regulations (5 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
China Law Express Update for 4-MAY-2010
1. PBC to Increase Deposit Reserve Ratio for the Third Time this Year
The People's Bank of China (PBC) recently announced that its decision to increase the RMB deposit reserve ratio of deposit-based financial institutions by 0.5% with effect from 10 May 2010; however, the deposit reserve ratio of rural credit unions and rural banks will temporarily not be raised.
2. The SAT Reclarifies Issues Concerning EIT in Cross-Regional Construction Enterprises
In order to strengthen and standardise enterprise income tax (EIT) levied on construction enterprises following the issuance of Circular on Relevant Issues Regarding Enterprise Income Tax Collection in Construction Companies on 26 January 2010, the State Administration of Taxation (SAT) released the Circular on Issues Regarding Income Tax Collection and Management in Trans-Regional Construction Enterprises (Circular), which became effective on 1 January 2010.
3. SAFE Improves the Pilot Import Payment Verification System
In order to ensure the smooth running of pilot reforms for the import payment verification system implemented from 1 May, the State Administration of Foreign Exchange (SAFE) recently released the Circular of the General Affairs Department of the State Administration of Foreign Exchange on Relevant Issues Regarding Inquiries on ''Directory of Importers for Payment'' (Circular), which gives new stipulations for banks querying issues concerning the ''directory of importers for payment in foreign exchange''.
4. The Supreme Court Will Reinforce Supervision and Restrictions on Executive Power
The Supreme People's Court (the Supreme Court) recently decided that to reinforce supervision and restrictions on executive power, it would improve the distribution of executive power and change the traditional implementation style of its executive personnel.
5. Other Newly-Updated Laws and Regulations (4 May 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
6. A Batch of Laws and Regulations to Take Effect on 1 May
Audit Officers should avoid conflicts of interests with companies being audited; in enterprises whose licenses have been revoked, the manager will be banned from working in food and beverage services for 5 years. From 1 May 2010 serveral administrative laws, regulations, provisions and local stipulations will become effective, including the Implementing Regulations for Audit Laws of the People's Republic of China, the Administrative Measures for Food and Beverage Service Licenses, the Administrative Measures for Supervision of Food Safety in Food and Beverage Services, as well as the Rules for Tobacco Monopoly Administrative Penalty Procedures, and so on.
7. SAFE Approves Some Banks to Engage in Pilot Individual Foreign Exchange Settlements and Sales through E-Banking
In order to provide better support for banking innovations and convenience for individuals processing foreign exchange settlements and sales, the State Administration of Foreign Exchange (SAFE) recently approved the Bank of China, the China Merchants Bank and the Industrial and Commercial Bank of China to engage in pilot individual foreign exchange settlements and sales via online banking.
China Law Express Update for 30-APR-2010
1. China Officially Releases Amendments to the State Compensation Law
On 29 April 2010, the Decisions of the Standing Committee of the National People's Congress on Amending the
2. China to Narrow the Scope of State Secrets and Expand Citizens' Rights to Know Facts
On 29 April 2010, the Standing Committee of the National People's Congress passed the draft amendments to its state secrets law. The revised state secrets law gives clear and stringent provisions on the scope and confidentiality level of state secrets, the authoritative scope and procedures for determining secrets, confidentiality system, supervision administration, legal responsibility, and the time limit for maintaining confidentiality.
3. China Releases the First State-Level Regional Scheme for Promoting Foreign Investment
On 29 April 2010, the Ministry of Commerce (MOFCOM) released China's first state-level regional scheme for promoting foreign investment-Scheme for Promoting Foreign Investment in the Central Region of China (Scheme). The Scheme was jointly formulated by the Foreign Investment Department of MOFCOM, the Chinese Academy of International Trade and Economic Cooperation (CAITEC), the World Bank Foreign Investment Advisory Service (FIAS), the International Finance Corporation (IFC) as well as the six commerce departments of Shanxi, Anhui, Jiangxi, Henan, Hubei and Hunan provinces.
4. SAFE Reduces the Scale of Short-Term Foreign Debt Balance
On 29 April, the State Administration of Foreign Exchange (SAFE) released the Circular of the State Administration of Foreign Exchange on Relevant Issues Regarding Distributing the Short-Term Foreign Debt Balance Index for 2010 (Circular) which compresses the overall scale of short-term foreign debt balance for domestic institutions in 2010 to 32.4 billion dollars. The scale of the index was decreased by 1.5% compared with 2009 to maintain the balance of international payment and prevent the risk of abnormal cross-border inflows.
5. The Administrative Measures for National Food Safety Standards Released for Feedback from Today
On 30 April 2010, the Ministry of Health (MOH) released a circular to seek feedback on the Administrative Measures for National Food Safety Standards (Draft) (Draft of Administrative Measures) from the public. The Draft of Administrative Measures clarifies that the formulation of national food safety standards includes project approval, planning, drafting, examinations, approvals and so on. In addition, the Draft of Administrative Measures stipulates that MOH will uniformly approve and release the national food safety standards, and will publish them on the MOH website within 20 working days of promulgation.
6. Other Newly-Updated Laws and Regulations (30 April 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
China Law Express Update for 29-APR-2010
1. PBC Releases the Financial Market Development Report for 2009
The People's Republic of China (PBC) recently released the Chinese Financial Market Development Report 2009 (Report), with contents concerning the Chinese financial market's entire operating status, several major issues, and the overall operating data for 2009.
2. The Supreme Court: To Generally Implement Property Declaration System for Persons Subject to Execution
The 14th Session of the 11th Standing Committee of the National People's Congress (NPC) printed and distributed the Report of the Supreme People's Court on Researching and Implementing Deliberations of the Standing Committee of the National People's Congress to Further Improve the People's Court's Execution of Work. The report proposes to generally implement methods such as a property declaration system for persons subject to execution and entrusting lawyers to perform investigations, compulsory audits, restrictions on high consumption, and co-investigations with the Public Security Bureau, to successfully find the properties of persons subject to execution.
3. Standards for Network Copyrights To be Clarified
The vice president of the intellectual property rights tribunal in the Supreme People's Court recently stated that the Supreme People's Court would release the Several Opinions of the Supreme People's Court on Several Issues Regarding Hearings on Cases for Trademark Licensing and Accreditation and the Judicial Interpretations on the Application of Laws Concerning Civil Disputes in Monopoly Cases.
4. China to Release Investment and Financing Measures to Support the Development of a Sustainable Economy
Recently, the National Development and Reform Commission (NDRC), the People's Republic of China (PBC), the China Banking Regulatory Commission (CBRC) and the China Security Regulatory Commission (CSRC) jointly released the Circular on the Opinions on Investment and Financing Measures Supporting the Development of a Sustainable Economy (Circular), which proposes specific measures to support the development of a sustainable economy in aspects such as planning, investment, industries, price, credit, debt financing products, equity fund, venture capital, listing and financing, and the use of foreign funds.
5. Names of Medical Institutions in Beijing Will be Banned from Using Words such as Man or Woman
To further standardise and strengthen the approval administrations for medical institutions in Beijing, the Beijing Municipal Health Bureau (BJHB) formulated and issued the Tentative Measures for Administrating Approvals of Medical Institutions in Beijing (Tentative Measures) on 27 April 2010, which stipulates that from 1 June 2010, medical institutions in Beijing are not allowed to use words such as ''Man'', ''Male'', ''Andriatrics'', ''Woman'', and ''Female'' as identification terms.
6. Other Newly-Updated Laws and Regulations (29April 2010)
You can access the full text of the following laws and regulations in Chinese through the hyperlinks below:
China Law Express Update for 28-APR-2010
1. China Reduces or Exempts Inspection and Quarantine Charges for Exported Agricultural Products, Textiles and Clothing
The Ministry of Finance (MOF) and the National Development and Reform Commission (NDRC) recently jointly released the Circular on Reducing and Exempting Entry and Exit Inspection and Quarantine Charges for Agricultural Products, Textiles and Clothing (Circular), which indicates that from 1 January to 31 December 2010, exported agricultural products as well as textiles and clothing listed in the Catalogue of Entry and Export Commodities Subject to Inspections and Quarantines Performed by Inspection and Quarantine Agencies will have their inspection and quarantine charges reduced. . Hereinto, the entry and exit inspection and quarantine charges (I&Q CHG) for exported live animals, birds, and aquatic animals as well as inspection-free agricultural products will be waived; the I&Q CHG for other exported agricultural products will be reduced by half; moreover, the I&Q CHG collected will be based on
