In 2018, China issued 60 new laws and regulations
1. The Measures for the Administration of Tourist Guides came into effect on January 1, 2018. According to the regulations, tour guides should carry an electronic tour guide card, wear a tour guide ID and open application software related to tour guide practice. Tourists have the right to request the tour guide to display the electronic tour guide pass and tour guide ID. The method is clear, the tour guide in the process of practice shall not be unauthorized change of itinerary, lure or forced consumption, tourists to ask for tips and other 11 illegal acts, and in the penalty part of the method for violations of tour guide practice management regulations, clear the corresponding legal responsibility.
2. The Measures for the Supervision and Administration of Online Catering Service Food Safety issued by the State Food and Drug Administration shall come into force on January 1, 2018. Measures require that online takeout catering service providers should have a physical store and food business license, shall not exceed the scope of business.
3. The newly revised Anti-Unfair Competition Law of the People's Republic of China came into effect on January 1, 2018. The new version of the law has improved the provisions on false publicity, distinguishing between false and misleading commercial publicity, and clearly stipulates that "operators shall not make false or misleading commercial publicity on the performance, function, quality, sales status, user evaluation, and honors of their goods, to deceive and mislead consumers."
4. The Public Library Law of the People's Republic of China came into effect on January 1, 2018. The Public Library Law has made specific provisions on the construction, operation, service, management and security of public libraries, and mentioned four types of free services, namely: literature information inquiry, borrowing; Reading rooms, study rooms and other public space facilities open; Public welfare lectures, reading promotion, training, exhibitions; Other free services provided by the state.
5. The Nuclear Safety Law of the People's Republic of China came into effect on January 1, 2018. The Nuclear Safety Law consists of eight chapters and 94 articles, which are divided into general provisions, nuclear facility safety, nuclear material and radioactive waste safety, nuclear accident emergency response, information disclosure and public participation, supervision and inspection, legal liability, and supplementary provisions. In line with the policy of ensuring safety, the Nuclear Safety Law establishes strict standards, strict systems, strict supervision and severe penalties.
6. The Environmental Protection Tax Law of the People's Republic of China shall come into force on January 1, 2018. Environmental protection tax shall be levied and pollution discharge fees shall no longer be levied.
7. The newly revised Water Pollution Prevention Law of the People's Republic of China will come into effect on January 1, 2018. According to the regulations, the relevant departments of the local people's governments at or above the county level shall disclose drinking water safety information to the public at least once every quarter.
8. The newly revised national standard "Technical Conditions for Motor Vehicle Operation Safety" has been implemented since January 1, 2018.
9. Since January 1, 2018, in accordance with the Interim Regulations of the People's Republic of China on Vehicle Purchase Tax, vehicles with engines of 1.6L and below will resume to be subject to vehicle purchase tax at the statutory tax rate of 10%. Previously, out of support for the development of small-displacement vehicles, the state introduced policies to preferential purchase taxes on small-displacement vehicles.
10. The Notice on Adjusting the Relevant Policies on Auto Loans jointly issued by the People's Bank of China and the China Banking Regulatory Commission will come into effect on January 1, 2018. Among them, the maximum proportion of traditional power car loans remains unchanged, and the amount of self-use car loans shall not exceed 80% of the price of the car purchased by the borrower. The maximum proportion of used car loans will be adjusted from 50% to 70%. The newly added new energy vehicle loan regulations make it clear that the maximum issuance ratio of new energy vehicle loans for self-use is 85%, and the maximum issuance ratio of commercial new energy vehicle loans is 75%.
11. On January 1, 2018, the Interim Measures for the Management of the "Blacklist" of Migrant Workers' Wages in Arrears were officially implemented. The measures stipulate that two kinds of illegal situations of employing units should be included in the "blacklist" of arrears of wages of migrant workers: first, the amount of withholding or arrears of wages of migrant workers without reason reaches the standard amount of the crime of refusing to pay labor remuneration; Second, due to the illegal behavior of migrant workers in arrears of wages, mass incidents and extreme events caused serious adverse social impact.
12. The revised Law of the People's Republic of China on the Promotion of Small and Medium-sized Enterprises came into effect on January 1, 2018. The new Law has upgraded effective policies in recent years into laws, standardized policies related to fiscal and tax support, and improved measures related to financing promotion, in particular, standardizing administrative licensing matters, reducing the burden on enterprises, reducing tax collection and registration procedures for small and micro enterprises, and creating a good environment for the development of small and medium-sized enterprises.
13. Since January 1, 2018, China has adjusted the ordinary VAT invoice, and the invoice code of the new version of the ordinary VAT invoice (folding ticket) has been adjusted from the current 10 digits to 12 digits.
14. From February 1, 2018, the Measures on Enterprise Annuity will be officially implemented. According to the regulations, the cost of enterprise annuity is jointly paid by the enterprise and the individual employee. The annual contribution of the enterprise shall not exceed 8% of the total wages of the employees of the enterprise. Employees participate in enterprise annuity, which is conducive to adding another pension accumulation on the basis of basic pension insurance, and further improve the income level and quality of life after retirement.
15. The newly revised Administrative Measures for Grassroots Legal Service Workers and Administrative Measures for Grassroots Legal Service Offices of the Ministry of Justice came into effect on February 1. The qualifications for applying for grassroots legal service workers have been significantly increased.
16. The State Administration of Taxation promulgated the Measures for the Administration of Registration of General VAT Taxpayers on January 4, which will come into effect on February 1, 2018.
17. The newly amended Regulations on Religious Affairs came into effect on February 1. The regulations adopted a number of measures to curb the commercialization of religions and further regulate the financial management of religious circles.
18. On March 2, 2018, the China Securities Regulatory Commission (CSRC) issued the Special Provisions on Share Reduction by Shareholders of Venture Capital Funds of Listed Companies, clarifying the reverse linkage mechanism, that is, on the basis of keeping the current shareholding lock-up period, reduction ratio and other institutional rules basically unchanged, combined with the actual operation of venture capital funds in China, Differentiated policy support for venture capital funds that truly make long-term investment and value investment is aimed at guiding venture capital funds to support entrepreneurship and innovation, while maintaining the overall fairness of the market and adhering to moderate preferences.
19. On March 8, 2018, the China Securities Regulatory Commission (CSRC) issued the Provisions on the Implementation Procedure of Administrative License of the China Securities Regulatory Commission (Revised in 2018).
20. On March 23, 2018, the SSE issued the "Measures for the Implementation of Disciplinary and Regulatory Measures of the Shanghai Stock Exchange (Revised in 2018)". The SSE stated that in November 2017, the CSRC revised and issued the "Measures for the Administration of Stock Exchanges", which further clarified and strengthened the self-regulatory functions of the Stock exchange. It has enriched the self-discipline management means of the stock exchange, and put forward clear requirements for the disciplinary procedures and hearing arrangements of the stock exchange.
21. On April 19, 2018, the SFC revised Rule No. 14 on the Compilation and Reporting of Information Disclosure of Companies with Publicly Issued Securities - Non-standard Unqualified Audit Opinions and Treatment of Matters Involved in Them.
22. On April 27, 2018, the CSRC revised Rule No. 19 on Information Disclosure and Reporting of Companies that Publicly Issue Securities -- Correction of Financial Information and Related Disclosures.
23. On April 25, 2018, the China Securities Regulatory Commission and the Ministry of Housing and Urban-Rural Development jointly issued the Notice on Promoting Work Related to the Securitization of Housing Rental Assets. Promoting the securitization of housing rental assets will help revitalize the stock of housing rental assets, improve the efficiency of capital use, and promote the development of the housing rental market.
24. On April 27, 2018, the People's Bank of China, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission and the State Administration of Foreign Exchange jointly issued the Guiding Opinions on Regulating the Asset Management Business of Financial Institutions.
25. On April 27, 2018, the People's Bank of China, the China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission jointly issued the Guiding Opinions on Strengthening the Supervision of Non-Financial Enterprises' Investment in Financial Institutions.
26. Since March 9, 2018, the CSRC has solicited public opinions on the Foreign Investment Measures on its official website and the "Legal Information Network of the Chinese Government", and is now making modifications and improvements to some suggestions put forward by relevant parties.
27. On 20 April 2018, the SSE made amendments to the Rules Governing the Listing of Stocks on the Shanghai Stock Exchange (2014 Amendment).
28. On April 24, 2018, the SSE and the China Securities Depository and Clearing Corporation jointly formulated the Interim Measures for Bond Pledging Tripartite Repurchase Transactions and Settlement of the China Securities Depository and Clearing Corporation of the Shanghai Stock Exchange.
29. On April 27, 2018, the SSE issued the Notice on Strengthening the Management of Key Monitoring Accounts, promoting the establishment of a "member-centered" trading behavior supervision model, and giving full play to the important role of members in the management of customers' trading behaviors.
30. The newly revised Internal Affairs Regulations of the People's Liberation Army (for trial implementation), Discipline Regulations of the People's Liberation Army (for trial implementation), and Formation Regulations of the People's Liberation Army (for trial implementation) will come into force on May 1. It is clear that soldiers can wear military uniforms or civilian clothes when they go out on business. The training Management Department of the Military Commission explained that soldiers wear uniforms to participate in school celebrations, weddings, awards, and other non-official activities, which can not only show a good image of soldiers, but also stimulate the sense of professional honor of soldiers.
31. The Interim Regulations on Express delivery will come into effect on May 1, regulating the operation of express delivery, guiding enterprises to take effective measures to ensure the safety of express delivery in operation, requiring "no ground, no dumping" to prevent "barbaric operations". After the express has not communicated and coordinated with the recipient and obtained permission, directly placing the express package into the express cabinet or express collection point will be regarded as a violation. Enterprises operating express delivery business and their employees selling, leaking or illegally providing express delivery services to the user information they know, the case is serious, the maximum fine of 100,000 yuan.
32. The Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of Communications jointly issued the "Intelligent Connected Vehicle Road Test Management Standards (Trial)", which will come into effect on May 1. The specification specifies that intelligent connected vehicle autonomous driving includes conditional autonomous driving, highly autonomous driving and fully autonomous driving. The specification puts forward requirements for test subjects, test drivers, test vehicles, etc., and makes it clear that the relevant competent departments of provincial and municipal governments can independently choose test sections, accept vehicle applications and issue test plates.
33. The Regulation on Insurance Assessors and the Regulation on Insurance Brokers came into force on 1 May. The Regulations on the Supervision of Insurance Assessors clarify the requirements and procedures for the filing of insurance assessor business, standardize the practice requirements of insurance assessor practitioners, and make new institutional arrangements in terms of strengthening self-discipline management and strict legal liability. "Insurance Broker Regulations" from the shareholders, executives, qualification access and other aspects have increased requirements, but also increased the severity of punishment, will effectively regulate insurance brokerage business, prevent risks, safeguard the legitimate rights and interests of insurance holders, insured, beneficiaries.
34. The "Shanghai Administrative Approval Notification Commitment Management Measures" came into effect on May 1. In the traditional examination and approval method, enterprises must apply for licenses, must first submit all materials, and get administrative permission after the examination and approval. After the implementation of the notification commitment system, the applicant can get the certificate on the spot if he promises on the spot. If the applicant fails to fulfill the promise, not only will the administrative approval decision be revoked, the maximum fine will be 300,000 yuan, and the faithless information will also be included in the Shanghai public credit information service platform.
35. Since June 2018, the General Administration of Customs has implemented the record management of the pre-shipment inspection institutions of imported waste raw materials. According to the Measures for the Supervision and Administration of Inspection and Quarantine of Imported Solid Waste that can be Used as Raw Materials, the General Administration of Customs has formulated the Implementation Rules for the Pre-shipment Inspection and Supervision of Imported Solid Waste that can be used as Raw Materials. Since June 1, 2018, third-party inspection institutions shall file an application with the General Administration of Customs before engaging in pre-shipment inspection of waste raw materials.
36. China's first mandatory national standard for infants and children's textile products GB31701-2015 "Safety Technical Specifications for Infants and children's textile Products" has been officially implemented since June 1, 2016, and a two-year transition period has ensured a smooth transition of the market. From June 1 this year, all relevant products on the market must comply with the relevant requirements of this standard.
37. On June 13, The State Council officially issued the Notice on Establishing a Central Adjustment System for Enterprise Employees' Basic Pension Insurance Funds (hereinafter referred to as the Notice). The "Notice" makes it clear that the central adjustment system of pension insurance funds will be officially implemented from July 1.
38. The Administrative Measures on Enterprise Income Tax Pre-Tax Deduction Vouchers came into effect on July 1. The State Administration of Taxation recently issued the "Measures for the Administration of Enterprise Income Tax Pre-tax Deduction Vouchers", clarifying the relevant concepts, scope of application, management principles and types of pre-tax deduction vouchers, in order to standardize tax law enforcement and optimize the business environment. The Measures will go into effect on July 1, 2018.
On August 15, 2018, the China Securities Regulatory Commission revised and issued the "Measures for the Administration of Securities Registration and Settlement" and the "Measures for the Administration of Equity Incentives for Listed Companies", further liberating the rights of foreigners who meet the regulations to open A-share securities accounts. Effective September 15, 2018.
40. The Soil Pollution Prevention and Control Law of the People's Republic of China, adopted at the Fifth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 31, 2018, is hereby promulgated and shall come into force as of January 1, 2019.
41. The Decision of the Standing Committee of the National People's Congress on Amending the Individual Income Tax Law of the People's Republic of China, adopted at the Fifth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 31, 2018, is hereby promulgated and shall come into force as of January 1, 2019.
42. The E-commerce Law of the People's Republic of China, adopted at the Fifth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 31, 2018, is hereby promulgated and will come into force as of January 1, 2019.
43. According to the "Reply of The State Council on Further Promoting the Pilot Work Plan of the reform of the Separation of Licenses and Licenses in Shanghai" (State Letter [2018] No. 12), The State Council decided to temporarily adjust and implement the following administrative regulations in Pudong New Area of Shanghai from now until December 31, 2018: First, temporarily adjust the implementation of the Regulations on the Supervision and Administration of Medical devices, Article 34 of the second paragraph on the issuance of large-scale medical equipment configuration license provisions, the pilot area of social medical institutions to configure class B large-scale medical equipment does not implement licensing management, strengthen the post-event supervision. Second, temporarily suspend the implementation of the provisions of Article 15, paragraph 1, of the Regulations on the Administration of Feed and feed additives on the establishment of the approval procedure and approval period for feed additives and additive premixed feed production enterprises, and implement the notification commitment system. The relevant departments under The State Council and the Shanghai Municipal People's Government shall, in accordance with the above-mentioned adjustments, promptly make corresponding adjustments to the regulations and normative documents formulated by their own departments and this municipality, and establish a management system suitable for the pilot work. The State Council will adjust the content of this decision in a timely manner according to the implementation of the pilot reform of the "separation of licenses and licenses".
44. The Provisions of the Supreme People's Court on the Jurisdiction of Cases of the Shanghai Financial Court, adopted at the 1746th meeting of the Judicial Committee of the Supreme People's Court on July 31, 2018, are hereby promulgated and shall come into force as of August 10, 2018.
45. The Measures for Disclosure of Information of Charitable Organizations, adopted at the Ministerial Meeting of the Ministry of Civil Affairs on July 27, 2018, are hereby promulgated and will come into force as of September 1, 2018.
46. The decision of the China Banking and Insurance Regulatory Commission on repealing and amending some regulations has been adopted at the 2nd Chairman's meeting of the China Banking and Insurance Regulatory Commission in 2018.
1. Repeal of a regulation: Repeal of the Administrative Measures for Overseas Financial Institutions to Invest in Chinese-funded Financial Institutions.
2. Some provisions of the three regulations shall be amended:
(1) The Measures for the Implementation of Administrative Licensing Matters of Chinese Commercial Banks of the China Banking Regulatory Commission is adjusted to the Measures for the Implementation of Administrative Licensing Matters of Chinese Commercial Banks of the China Banking and Insurance Regulatory Commission, and the eleventh article is amended as follows: "Chinese commercial banks invested by foreign financial institutions shall be supervised and administered according to the type of Chinese commercial banks at the time of investment." Foreign financial institutions shall also abide by the relevant state regulations on foreign investors' investment in China."
47. The SFC revised and officially issued the Code of Governance for Listed Companies, which took effect on September 30. The revision adds a series of new requirements on the basis of retaining the main normative requirements of the original "Code" on the governance of listed companies, such as further strengthening the constraints on the controlling shareholders, actual controllers and their related parties, and establishing the basic framework of environmental, social responsibility and corporate governance information disclosure.
48. The 20 reforms of the Ministry of Public Security's "supervision and control service" were implemented nationwide on September 1.
49. The Measures for the Disclosure of Information on Charitable Organizations came into effect on September 1.
50. The Procedures for Applying for and Issuing Residence Permits for Hong Kong, Macao and Taiwan Residents came into effect in September.
51. The work Regulations on "Online Data Integration Processing" of Road Traffic Accident Damage Compensation Disputes (Trial) promoted the online integration processing of road traffic accident damage compensation disputes, which took effect on October 1.
52. The Interim Regulations on the Human Resources Market came into force on 1 October.
53. The newly revised "Food Safety Code of Practice for Catering Services" came into effect on October 1.
54. The National Essential Drugs List (2018 Edition) came into force on November 1, 2018. Compared with the 2012 edition, the number of drug varieties in the 2018 edition has increased from 520 to 685, including 417 Western medicines and 268 proprietary Chinese medicines (including ethnic medicines), highlighting the basic drug needs of common diseases, chronic diseases, diseases with heavy burden and major hazards, and public health. The new varieties include 12 kinds of tumor drugs and 22 kinds of clinically urgent children's drugs.
55. The Notice on Promoting the reform of "Separation of licenses and licenses" issued by The State Council requires that, starting from November 10, 2018, the first batch of 106 enterprise-related administrative examination and approval items will be implemented nationwide in four ways: directly canceling the examination and approval, changing the examination and approval to the record, implementing the commitment to inform, and optimizing access services.
56. The Regulations on Internet Safety Supervision and Inspection of Public Security Organs came into effect on November 1. According to the regulations, public security organs should carry out supervision and inspection of Internet service providers and Internet users according to the needs of network security prevention and the specific situation of network security risks.
Starting from December 1, the national bus station, road passenger line operators in the purchase of tickets, security, waiting, riding and other links, to provide priority services to the military according to law, family members traveling with the military (in principle, no more than 2 people, do not need to provide proof of relationship with the military themselves) can enjoy priority services together.
58. The Regulations on the Road Transport of Dangerous Goods (JT/T617) issued by the Ministry of Transport came into effect on 1 December. The rules clearly stipulate the classification, packaging, labelling and consignment procedures of dangerous goods.
59. The Ministry of Public Security issued that public security organs should include the disclosure of law enforcement into the scope of law enforcement quality evaluation and performance assessment, and establish and improve reward and punishment mechanisms. The regulations will take effect on December 1.
60. The Measures for the Care and Protection of left-behind Children in rural areas of Fujian Province came into effect on December 1, requiring parents to contact their children by phone or video at least twice a month and visit them at least once every six months after going out.