China Laws and Regulations Update in November 2022

1. Law on Protection of Women’s Interests

Promulgated by Standing Committee of National People’s Congress

Promulgation date: 30 October 2022

Implementation date: 1 January 2023

Document number: Chinese President Order No.122

The Law on Protection of Women’s Rights and Interests aims to fully implement fundamental state policies, including ones relating to the equality between men and women and continue improving rules on protection of women’s rights and interests. In terms of women’s personal and moral rights for which there is widespread concern in our society, based on bans on women trafficking and abduction, it sets out job duties of the government and departments concerned, villagers’ committee and residents’ committee to ascertain, report, rescue, settle, support and take care of women trafficked or abducted, improves women’s employment and social interests, eliminates and sets out circumstances of job and sex discrimination, includes job and sex discrimination in the scope of employment supervision, sets out employer’s responsibilities for protecting women’s interests and explicitly provides that employment (or appointment) contract or service agreement should include provisions relating to protection of women’s interests. (Source: NPC website)

2. Drug Recall Rules (Revised)

Promulgated by China Drug Administration

Promulgation date: 27 October 2022

Implementation date: 1 November 2022

The Rules includes provisions relating to investigation and evaluation, voluntary recall, ordered recall, etc., explicitly stating that people who have drugs should be responsible for risk control and potential issue resolution and drug manufacturers, merchants and users should give active assistance and that the manufacturers should recall traditional Chinese medicines prepared in ready-to-use forms and Chinese medicinal granules in accordance with the Rules. The Rules improves the investigation and evaluation of potential quality or other drug safety issues by people who have drugs, specifies voluntary recall procedures for people who have drugs, requires and instructs people who have drugs promptly and actively recall drugs involved in quality or other safety issues and effectively perform their duty to manage the entire life cycle of drugs. According to the Rules, people having drugs should legally and actively publish drug recall information and in case of recall under class 1 or class 2, apply for legally publishing recall information on the website of the local provincial drug administration which should be linked with the website of the state drug administration. (Source: NMPA website)

3. Instructions on Further Deepening Experimental Work on Full Availability of Criminal Defense

Promulgated by Supreme People’s Court, Supreme People’s Procurotorate, Ministry of Public

Security and Ministry of Justice

Promulgation date: 27 October 2022

Instructions requires that departments (bureaus) of justice conduct the experimental work on the full availability of criminal defense in the prosecution phase based on the results of the work on the full availability of criminal defense in the trial phase and prosecution authorities decide two or three cities (or districts or counties in cities directly governed by the central government) where the experimental work will be done by the end of November. In the Instructions, for suspects who have no defense and could be in prison for three or more years in a serious complicated criminal case under one of the circumstances that may cause a great effect on the society, if they or other suspect in a common crime refuse to admit guilt, the prosecution authority should advise the legal aid organization instruct the defense for them. The Instructions emphasizes that the defense rights to meet the defendant, read case files, etc. and requires the prosecution authority legally and promptly advise the defense on important procedural decisions such as the decision to return the case for additional investigation and disclose procedural information about the case to the defense. (Source: SPC website)

4. Instructions on Further Regulating Celebrity Advertisement Endorsement Activities

Promulgated by State Administration of Market Supervision, Cyberspace Administration, Ministry of Culture and Tourism, State Administration of Radio, Film and Television, CBRC, CSRC and State Film Administration

Promulgation date: 31 October 2022

In order to promote comprehensive governance of the cultural and recreational areas, the Instructions fully combines existing laws, regulations and policies, take comprehensive measures connected with market competition, industry management, regulation and law enforcement, self-regulation, social supervision, etc. and establishes a governance system for celebrity endorsement that helps to maintain a clear environment in the celebrity endorsement area. The Instructions states that celebrities should strictly comply with relevant laws and regulations and do advertisement endorsement activities by complying with laws, rules and moral standards and should not do advertisement endorsement activities for tobacco, tobacco products (including e-cigarette), after-school education, medical treatment, drugs, medical device, health food, food for special medical purpose, etc. (Source: SAMR Website)

5. Treaty Conclusion Rules

Promulgated by State Council

Promulgation date: 29 September 2022

Implementation date: 1 January 2023

Document number: SC Order No.756

The Rules further improves related procedures to make them more operable, clarifies the system of reporting important matters to the Central Party Committee and specifies treaties that the State Council should submit to the Standing Committee of the National People’s Congress for approval and that should be verified by the State Council, procedures for application of a treaty to Hong Kong and Macao Special Administrative Regions, review of Chinese laws relating to a treaty, system design for certain procedures, etc. The Rules is mainly about strengthening the Chinese Communist Party’s power to lead the work on treaty conclusion, improving procedures for the work on treaty conclusion, specifying treaties that should be approved and verified, adding procedures for application of a treaty to Hong Kong and Macao Administrative Regions and strengthening legal examination of a treaty. (Source: SC website)

6. Catalogue of Industries that Welcome Foreign Investors (2022 Edition)

Promulgated by National Development and Reform Commission and Ministry of Commerce

Promulgation date: 30 September 2022

Document number: NDRC, MC Order No.52

The National Development and Reform Commission and the Ministry of Commerce co-issued the Catalogue of Industries that Welcome Foreign Investors (2022 Edition) (“Catalogue”) that will be brought into action from January 1st, 2023.

The Catalogue consists of 1474 articles with an increase of 239 articles from the 2020 edition and 167 amended articles, including 519 articles with 39 additional articles and 85 amended articles in the national catalogue and 955 articles with 200 additional articles and 82 amended articles in the central and western catalogue. Major changes are as follows. First, to continue encouraging foreign investors to enter the manufacturing industry, the national catalogue continues prioritizing foreign investments in the manufacturing industries and increasing the ability of the industry and supply chains and adds or amends component, part, equipment, etc. manufacturing related articles. Second, to continue guiding foreign investors to enter the manufacturing service industry, the national catalogue prioritizes amendment of articles relating to integration of the service and manufacturing industries and adds or amends specialized design, technology service and development, etc. articles. Third, to continue optimizing use of regional arrangements for foreign investment, the central and west catalogue broadens the favorable area by considering local advantages in labor force, special resources, etc. (Source: NDRC website)

Comments are closed.