New Chinese Laws & Regulations of May, 2012 (2)

IV. The Ministry of Commerce ( the “MOC”) Issued the Provisions on Procedures for Commerce Administrative Penalty (the “Provisions”)

On 12^th May, 2012, MOC issued the Provisions to regulate the detail procedures of administrative penalty implemented by commerce administration, particularly the hearing procedure. According to the Provisions, in the case a citizen is to be fined no more than RMB 50 or other organizations to be fined no more than RMB 1000, and there are conclusive facts of violation and legal basis, the enforcement officials can apply the summary procedure to make the decision of administration penalty on site. However, in the case a citizen is to be fined no less than RMB 5000 or a legal person or other organizations to be fined no less than RMB50, 000, and in the event that administrative penalty involves suspense, cancellation and revocation of license or qualification certificates, the party concerned shall be notified his right to apply for hearing and details when a Prior Notice on Commerce Administrative Penalty is issued to the him.

V. The State Council Released Guiding Opinions of Strength of Import to Promote Balanced Development of Foreign Trade (the “Guiding Opinions”)

On 30^th April, 2012, the State Council released the Guiding Opinions (2012 No. 15), emphasizing on further strength of import to promote balanced development of foreign trade. The Guiding Opinions focus on six issues including enhancement of financial and tax support, strength and improvement of financial services, improvement of administration measures and so on. Many measures are also be proposed such as to adjust import tariff of partly commodities, to increase import to improve capital scale, to provide diversified financing facilities, to improve import credit insurance system and trade settlement system and so forth.

VI. The Ministry of Human Resources and Social Security (the “MOHRSS”) Issued the Draft of Provisions on Administration of Special Working Hours for Public Opinions (the “Draft for Public Advices”)

MOHRSS issued the Draft for Public Advices on 8^th May, 2012. According to the Draft for Public Advices, the scope of positions in which special hours system can been applied has been defined in order to prevent abuse of special hours, also the applicable minimum wages for flexible hours work has been regulated, the work hours per day shall not exceed 11 hours, and the administration on approval of special working hours system.

The public can present advices through entering into the System of Draft Regulations and Rules for Advices in http://www.chinalaw.gov.cn.(only Chinese version), and/or sending email to lifachu@mohrss.gov.cn, and/or directly communicating with the regulation department of MOHRSS. The deadline for advices is 8^th June, 2012.

VII. The State Administration of Work Safety ( the “SAOWS”) Issued a Series of Documents Related to Occupational Health

On 27^th April, 2012, SAOWS issued a series of documents related with occupational health including the Regulations on Supervision Administration of Occupational Health on Workplace, Measures on Declaration for Occupational Hazard Items, Regulations on Supervision on Administration of Occupational Health of Employing Unites and so on, which will separately take effect on 1^st June and 1^st July. Such newly issued documents provide regulations concerning to the declaration for occupation hazard, files of supervisions on employees’ health before taking up or being or resigning from the position, administration system of occupation health and operation procedures and other details.

This post is quoted from DeBund Newsletter of June.

Quoted from the Newsletter of DeBund Law Offices.

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Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
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