China Laws and Regulations Update in June 2021

1. Law Against Food Wastes of the People’s Republic of China

Promulgated by the National People’s Congress

Promulgation date: 29 April 2021

Implementation date: 29 April 2021

Document number: Chinese president order 78

The law consists of 32 articles covering definition of food wastes, rules and requirements against food wastes, duties of governments and departments, responsibilities of different persons, incentive and restriction measures and legal responsibilities. It emphasizes the national policy of strict economy against wastes, clarifies duties of governments at different levels and departments of the state council, sets standards for business meals and activities of restaurants and other food businesses, gives individuals and families correct guidance as to the concept of consumption; establishes a social governance mechanism against food wastes with government leadership, department collaboration, industrial guide, media attention and public participation and creates legal obligations in a scientific way, imposing rigid restrictions and strictly administering rules with a strong determination to prevent wastes.

(Source: Website of the National People’s Congress)

2. Rules on Administration of the Private Education Promotion Law of China (Revised)

Promulgated by the State Council

Promulgation date: 14 May 2021

Implementation date: 1 September 2021

Document number: SO741

The revised Rules mainly deals with the following five matters in accordance with the spirit of the central government, upper law, national guidelines for actively promoting, vigorously supporting, guiding and legally administering private education, with aims of legal operation, independent management, increase of academic standards and specialization.

First, subject to complete leadership of the party, the Rules provides private schools should persistently follow the leadership of the Chinese Communist Party and the party at grassroots level in schools should take part in making and supervising momentous decisions of schools.

Second, for non-profit purposes of private education, the Rules states private schools should meet non-profit purposes of education and achieve aims of moral education. It does not allow public schools giving compulsory education to establish or take part in establishing private schools or be transformed to private schools.

Third, to attach equal importance to giving support and setting standards, the Rules includes new and clearer support policies, including financial support, tax incentive, land use policies to encourage financial and insurance institutions to provide financial and risk prevention services.

Four, to give equal legal status to public and private education institutions, the Rules states that private schools that offer preschool or diploma programs have the same recruitment right and can recruit students at the same time as the same type and level of public schools.

Five, to combine uniform standards and independent management, in addition to the fundamental legal system for private education, the Rules provides that provincial governments can make support and reward rules to promote private education when necessary.

(Source: State Council)

3. Medicine Pharmacovigilance and Quality Rules

Promulgated by CFDA

Promulgation date: 13 May 2021

Implementation date: 1 December 2021

The Rules consists of nine chapters of quality control, monitoring and reporting, risk identification and evaluation, risk control, pharmacovigilance of medicine in clinical tests, etc. The Rules states that for risk control persons with the permit for medicine on the market should include key pharmacovigilance activities in the quality system and that priority should be given to nine matters including “establishment of a reasonable authority”. The Rules requires that persons with the permit should gather suspected adverse effects of medicine from medicine manufacturers and businesses to enable medicine manufacturers and businesses report side effects of medicine smoothly and persons with the permit should gather suspected side effects of medicine on foreign markets that occur in foreign countries.

(Source: CFDA website)

4. Country Thriving Law of the People’s Republic of China

Promulgated by the Standing Committee of the National Congress of China

Promulgation date: 29 April 2021

Implementation date: 1 June 2021

Document number: Chinese president order 77

In terms of industrial growth and farmers’ income raises, the country thriving law gives a series of measures to expand collective economy and help industrial growth in the country and requires governments establish a mechanism that helps steady increases in farmers’ income and protects members’ right to obtain distributed profits from collective operations. (Source: Website of the National People’s Congress)

5. Opinions on Promoting Excellent Growth of the City’s Biomedical Industries

Promulgated by the General Office of the Government of Shanghai

Promulgation date: 19 May 2021

Document number: HFBG[2021]5                        

The Opinions gives priority to four key industries covering innovative medicine, advanced medical instruments and devices, advanced biomedical equipment and materials and new outsourced services.

(1) “strengthening solid foundation”, increasing the ability to plan, organize and perform innovations;

(2) “facilitating research and development”, giving more support to research and development of new products;

(3) “smooth transformation”, improving transformation of clinical studies and collaboration between medical institutions and businesses;

(4) “developing potential”, making brands “developed in Zhangjiang + made in Shanghai” well-known;

(5) “expanding the application scope”, accelerating the application and promotion of new products;

(6) “industrial clusters”, implementing a three-year plan to create world class biomedical industrial clusters. (Source: Website of the Government of Shanghai)

6. Instructions on Further Protection of Geographical Marks

Promulgated by the National Intellectual Property Administration and the State Administration for Market Regulation

Promulgation date: 21 May 2021

Document number: GZFBZ [2021]11  

The Instructions is intended to improve characteristic quality systems, perform duties and increase quality standards of geographical mark manufacturers, integrate artificial intelligence, big data and new information technology with characteristic quality systems for geographical marks, help and encourage exclusive legal users of geographical marks to use advanced management methods and tools such as process control and traceability of place of origin and accelerate the creation of a digital, internet based and intelligent characteristic quality system for geographical marks to sustain excellent development of geographical marks. (Source: Website of the State Council)

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