China Laws and Regulations Update in July 2021

1. Data Security Law

Promulgated by the Standing Committee of the National People’s Congress

Promulgation date: 10 June 2021

Implementation date: 1 September 2021

Document number: Chinese president order 84

The data security law is an important move for development of digital economy. Over recent years we have continued developing network and digital industries of our country and building an intelligent society. Digital economy where data are used as new essential production materials thrives. Data competition has become an important part of international competition. Data Security Law attaches equal importance to security and development, includes provisions relating to measures for data security and development and the openness of government data and helps legal, reasonable and effective use of data to take full advantage of data as fundamental resources and innovation power, accelerate the formation of digital economy led and sustained by innovation and give more support to economic and social development of our country.

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China Laws and Regulations Update in February 2020

1.Foreigner Permanent Residence Regulations of the People’s Republic of China (Draft Version)

Published by the Ministry of Justice

Publication date: 27 February 2020

Draft Version clearly states that the foreign permanent resident’s identity card is the identity document of foreign permanent residents in China. Foreign permanent residents with this document can do and none of relevant organizations and their staff can prevent them from doing certain activities. Draft Version sets out the eligibility for foreigners applying for permanent residence in China. For instance, foreigners who have made globally recognized achievements in economics, science and technology, education, culture, health, sports and other areas can apply for permanent residence application directly. Foreigners who have made significant contribution to China’s economic and social development and obtained recommendation of relevant government authority or the provincial, autonomous region or municipality government may apply for permanent residence. Foreigners who are needed for the national economic and social development such as urgently needed talents introduced into state key industries and areas and recommended by relevant regulatory authority may apply for permanent residence application. Draft Version provides that the foreigner wanting to obtain permanent residence in China should file a permanent residence application to the exit and entry administration affiliated with the public security department of the place where the applicant lives. The applicant should ensure information contained in the application form is true, submit photos of their passport or other international travel document or of specific standards and other documents, attend an interview and give their human identification information such as fingerprint. Foreign permanent residents cannot stay in China for less than three months every year. According to Draft Version, foreign permanent residents can use the entry and exit passages only for Chinese citizens, buy commercial houses in China by relevant rules for personal use or to live in, pay and use public housing funds by public housing fund management rules. Foreigners with permanent residence in the specific age group or their accompanying children who have not reached adulthood can receive compulsory education in China and only need to pay mandatory fees. (Source: Website of the Ministry of Justice)

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