China Laws and Regulations Update in November 2021

1. Family Education Promotion Law

Promulgated by Standing Committee of National People’s Congress

Document number: No.98 Chinese President Order

Promulgation date: 23 October 2021

Implementation date: 1 January 2022

This law consists of 52 articles and six chapters of general principles, family education administration, promotion and intervention, legal responsibility and additional provisions. The main contents of the law are:

Chapter I “general principles”. This chapter sets out legislative purpose, the meaning, fundamental tasks, legal relationship and fundamental principles in connection with family education.

Chapter II “family education administration”. This chapter sets out legal responsibility of parents and other custodians administering family education, requiring them to increase family education ability and create a good family atmosphere.

Chapter III “family education promotion”. This chapter sets out family education related responsibilities and obligations of governments, villagers’ (or residents’) committees, schools, public organizations and other relevant entities and provisions relating to establishment, administration and other matters of family education service providers.

Chapter IV “family education intervention”. This chapter grants schools, villagers’ (or residents’) committees and employers of parents and other custodians rights of criticism, education and supervision and sets out circumstances where public security authorities, public prosecution authorities and courts may intervene and main actions they take to intervene family education and specific provisions relating to administration of family education and coaching.

Chapter V “legal responsibility”. This chapter focuses on legal outcomes of breaches of relevant provisions in this law by government departments or organs, schools and family education service providers, with legal outcome related provisions applicable in all cases.

Chapter VI “additional provisions”, specifying the date of taking the family education law into action.

(Source: NPC Website)

2. Instructions on Legally Piloting Arbitration Proceedings in Securities and Futures Sectors

Promulgated by CSRC and MOJ

Document number: CSRC Announcement (2021) 25

Promulgation date: 15 October 2021

Implementation date: 15 October 2021

Pilot Instructions consists of ten articles. Its main contents are: first, the significance and overall requirements of piloting arbitration proceedings in securities and futures sectors by following fundamental rules and principles of the capital market, complying with capital market related laws, administrative regulations, rules, norms, disciplinary rules and practices, setting up independent securities and futures arbitration chambers (centers) and formulating arbitration rules that make allowance for characteristics of securities and futures sectors; second, support and efforts to set up pilot securities and futures arbitration chambers (centers) within arbitration authorities in Beijing, Shanghai and Shenzhen where there are a lot of securities and futures activities and apply special arbitration rules in capital market securities and futures cases, with professional support of capital market regulatory authorities and self-regulated organizations; third, coverage of arbitration proceedings of arbitration chambers (centers), including cases relating to securities and futures contracts and interests in other assets, particularly civil compensation cases relating to securities and futures.

(Source: CRSC Website)

3. Instructions on Standardizing Financial Open Source Technology Application and Development

Promulgated by the People’s Bank of China, etc.

Document number: YBF [2021]146

Promulgation date: 20 October 2021

Instructions requires financial institutions use open source technologies by following principles of “safety, control, compliance, issue oriented approaches, openness and innovation” and encourages them to include open source technology application in their information technology development plans, enhance organization and management of, overall plans for and coordination in open source technology applications, establish and improve open source technology application rules and systems, make appropriate open source application strategies, increase their ability of open source technology evaluation, compliance inspection, emergency handling, supply chain management, etc., take active part in open source ecology construction, strengthen communication and cooperation with industries and academic and research worlds and join open source communities.

(Source: PBC Website)

4. Regulations on Moving Forward to Mesh Administrative Law Administration and Criminal Justice Administration Proceedings

Promulgated by Supreme People’s Procuratorate

Promulgation date: 11 October 2021

Implementation date: 11 October 2021

Regulations consists of seventeen articles. Its main contents are, first, fundamental principles followed by public prosecution authorities to mesh administrative and criminal proceedings; second, contents that focus on a two-way meshing mechanism and circumstances where the mechanism is initiated. third, supervision; fourth, to strengthen rigidness of public prosecution opinions; fifth, to assist and mesh with supervision authorities; sixth, details of the meshing mechanism. Regulations sets out the meshing mechanism is initiated in a forward direction in circumstances where public prosecutors take the initiative to conduct an inspection, administrative law administration authorities recommend an initiation of the supervision process, or a member of the general public files a report; and the meshing mechanism is initiated in a backward direction in circumstances where public prosecutors are to make a no-action decision and at the same time legally conduct an investigation to decide whether to give administrative punishment to the subject person.

(Source: SPP Website)

5. Regulations of Children’s Cosmetic Products

Promulgated by the National Medical Products Administration

Promulgation date: 8 October 2021

Implementation date: 1 January 2022

Document number: No.123, 2021

According to Regulations, children’s cosmetic product marks required by China Drug Administration should be identified on the display side and words like “use with an adult’s protection” beginning with “note” or “warning” on a visible side of packages in which children’s cosmetic products are sold. Regulations requires people registering, filing or manufacturing cosmetic products prevent qualities, smells, shapes, etc. of children’s cosmetic products from being confused with food, drugs, etc., eaten or misused. It was announced that except for labeling  requirements, other provisions relating to children’s cosmetic products would be taken into action from 1 January 2022. From 1 May 2022, labels and marks on children’s cosmetic products to be registered or filed must comply with Regulations.

(Source: NMPA Website)

6. Regulations of Credit Activities

Promulgated by the People’s Bank of China

Document number: PBC Order [2021] 4

Promulgation date: 8 October 2021

Implementation date: 1 January 2022

The main contents of Regulations are, first, the meaning of credit information and the scope of credit management; second, the whole course of performing credit activities; third, credit information safety and its legal and appropriate cross-border use; fourth, openness and transparency of credit activities. Rules clarifies all components of credit activities such as collecting, sorting out, retaining, processing, providing and using credit information. Rules mainly sets out that credit information should be collected to the “smallest necessary” extent, not excessively; personal credit information collection should be subject to approval of the subject person who is clearly informed of the purpose of such collection; credit organizations should conduct necessary inspection of information sources, quality and safety and information owner’s authorization; and information users should use information for legal and correct purposes with information owner’s explicit agreement to authorize such use, not misusing such information.

(Source: PBC Website)

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