China Laws and Regulations Update in August 2019

1.Land Administration Law of the People’s Republic of China

Promulgated by the National People’s Congress

Document Number: No.32 President Order

Promulgation date: 26 August 2019

Implementation date: 1 January 2019

The amendments to the Land Law lifts the legal restriction on collective commercial construction land into the market. Collective rural construction land can be transferred, leased or given in other way to and directly used by organizations or individuals other than a collective rural economic organization after being permitted by the plan, legally registered and approved more than two thirds of members of the collective economic organization. The users can subtransfer the land in their possession by transfer, swap and pledge. (Source: Website of the National People’s Congress)

http://www.npc.gov.cn/npc/c30834/201908/024794d1945f4498bc1c3b532b6d6561.shtml

2.Decision to Modify Four Rules Including the Implementation Procedures of the Legal Person Registration Rules

Promulgated by the State Administration for Market Regulation

Document Number: No.14 Order of the State Administration for Market Regulation

Promulgation date: 19 August 2019

Implementation date: 29 August 2019

The Decision requires modification of four rules including the Procedures of the Implementation of the Legal Person Registration Rules, the Foreign Funded Partnerships Registration Rules, the Sole Proprietorship Registration Rules and the Self-Employed Business Registration Rules. According to the Decision, recordation formalities are no longer needed to establish, change or cancel a branch office of a branch company or foreign invested partnership. After completion of the registration formalities of the establishment of a branch company or the establishment, change or cancellation of a branch office of a foreign funded partnership, it is no longer necessary to complete the recordation formalities with the registration authority. (Source: Website of the State Administration for Market Regulation)

http://gkml.samr.gov.cn/nsjg/fgs/201908/t20190819_306093.html

3.Notice on Implementing the Social Security Treaty between China and Japan

Promulgated by the General Office of the Ministry of Human Resources and Social Security

Document Number: R.S.T.F.[2019] No.81

Promulgation date: 27 August 2019

The Notice clarifies the mutually exempted insurance types including the basic retirement insurance for Chinese workers and the annuities (except annuity funds) for Japanese citizens and pension annuities (except pension annuity funds). The exemption requested by dispatched personnel for the first time is valid for no more than five years. If the dispatch is valid for more than five years, the exemption can be renewed by filing a new application and obtaining approval of Chinese and Japanese regulatory or approval authorities involved. (Source: Website of the Ministry of Human Resources and Social Security)

http://www.gov.cn/xinwen/2019-08/29/content_5425496.htm

4.Notice on Improving the Work on Approving and Registering Foreign-Funded For-Profit Non-Degree Language Training Organizations

Promulgated by the General Offices of the Ministry of Education, the Ministry of Commerce and the State Administration for Market Regulation

Document number: J.F.T.H.[2019] No.75

Promulgation date: 24 July 2019

Implementation date: 24 July 2019

The Notice states that foreign funded language training course providers should have a skilled and relatively stable team of teachers by law and ensure that foreign teachers employed have good professional ethics and competence and credibility, internationally recognized language teaching qualifications that conform to the characteristics of language teaching and a valid work permit for foreigners and Chinese teachers employed have good character and language teaching qualifications. (Source: Website of the Ministry of Education)

http://www.moe.gov.cn/srcsite/A03/s3014/201908/t20190829_396500.html

5.Notice on Publishing the Guidelines of Warning Marks on Healthcare Food

Promulgated by the State Administration for Market Regulation

Document number: No.29 Notice 2019, the State Administration for Market Regulation

Promulgation date: 20 August 2019

Implementation date: 1 January 2020                            

The Notice states that there should be the warning area and warnings on a label for healthcare food and that the warning area should be on and no less than 20% of the main side of the smallest package (or container) of items sold, in a background of a color in contrast to the color of words in the warning area. (Source: Website of the the State Administration for Market Regulation)

http://gkml.samr.gov.cn/nsjg/tssps/201908/t20190820_306116.html

6.Regulations of Protecting Children’s Personal Information on the Internet

Promulgated by the Office of the Central Cyberspace Affairs Commission

Document number: No.4 Order of the Office of the Central Cyberspace Affairs Commission

Promulgation date: 22 August 2019

Implementation date: 1 October 2019                          

The Regulations states that people doing business on the internet cannot use children’s personal information by violating a law or rule or beyond the agreed purpose or scope. Any necessary use of a child’s personal information in business activities beyond the agreed purpose or scope shall be subject to re-approval of the child’s guardian. (Source: Website of the the Office of the Central Cyberspace Affairs Commission)

http://www.cac.gov.cn/2019-08/23/c_1124913903.htm

 

Lawyer Contacts

You Yunting

86-21-52134918  

youyunting@debund.com

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