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CSR Gazette, China - May 2019
Summary
  • The Interim Measures for the Administration of Social Insurance Registration was abolished. When enterprises registered, the social insurance registration will be completed simultaneously, and no further processing is required.
  • The Anti-Unfair Competition Law of the People’s Republic of China was amended by the Standing Committee of the National People’s Congress, which further improved the relevant provisions on trade secrets.
  • The Trademark Law of the People’s Republic of China was amended by the Standing Committee of the National People’s Congress, which added the contents of malicious registration and increased the punishment for violations of trademark exclusive rights.
  • The Fire Prevention Law of the People’s Republic of China was amended by the Standing Committee of the National People’s Congress, which modified the functional departments of fire prevention supervision and management.
  • The Construction Law of the People’s Republic of China was amended by the Standing Committee of the National People’s Congress, which mainly amended Article 8 of the Architectural Law.
  • The Safety Regulations for Dust Explosion Prevention and Protection GB 15577-2018 was issued by National Standards Commission on 19th November 2018, replacing GB 1557-2007.
  • The Investigation Guideline on Environmental Emergency Response Resources (trial) was gazetted by General office of Ministry of Ecology and Environment on 19th March 2019, providing practical reference on carrying out environmental emergency resources investigation work for environment and ecology department, enterprise and public institution.
  • The National Action Plan on Water Conservation was jointly gazetted by National Development and Reform Commission and Ministry of Water Resources on 15th April 2019. It is the first programmatic document on water conservation.
  • Updated Minimum Wage Standard of Shanghai Municipality and Beijing Municipality.
Contents
  • Labour
    < Interim Measures for the Administration of Social Insurance Registration >
  • Ethics
    < Anti-Unfair Competition Law of the People’s Republic of China >
    < Trademark Law of the People’s Republic of China >
  • Health and Safety
    < Fire Prevention Law of the People’s Republic of China >
    < Construction Law of the People’s Republic of China >
    < Safety Regulations for Dust Explosion Prevention and Protection > GB 15577-2018
  • Environment
    < Investigation Guideline on Environmental Emergency Response Resources (Trial) >
    < National Action Plan on Water Conservation >
  • Minimum Wage Standard Update
    Shanghai Municipality, Beijing Municipality
Summary of Law Updates

Labour

< Interim Measures for the Administration of Social Insurance Registration > (2019-04-28 abrogated)

In order to promote the reform of the registration system of “multiple certificates in one, one code for one license”, the Ministry of Human Resources and Social Security decided to abolish the Interim Measures for the Administration of Social Insurance Registration, effective from 28th April 2019. When enterprises registered, the social insurance registration will be completed simultaneously, and no further processing is required.

Ethics

< Anti-Unfair Competition Law of the People’s Republic of China > (2019-04-23)

The Anti-Unfair Competition Law of the People’s Republic of China was amended at the tenth meeting of the Standing Committee of the 13th National People’s Congress and has come into force on 23rd April 2019. The main changes are:

  • The definition of trade secrets is further improved. The term of “technical information and business information” in the definition of trade secrets is modified to “commercial information such as technical information and business information”;
  • The infringement situation of trade secrets is further clarified. The situations are increased, including to obtain obligee’s trade secrets by electronic intrusion, as well as instigating, tempting, helping others to breach confidentiality obligations or confidentiality requirements of obligee, and obtaining, disclosing, using or allowing others to use the obligee’s trade secrets;
  • Natural persons, legal persons and unincorporated organizations other than the business operators are included into the scope of the subject of liability for infringing trade secrets;
  • The legal liability for infringing trade secrets is further strengthened.

< Trademark Law of the People’s Republic of China > (2019-11-01)

The Trademark Law of the People’s Republic of China was amended at the tenth meeting of the Standing Committee of the 13th National People’s Congress on 23rd April 2019, and will come into force on 1st November 2019. The main changes are:

  1. First, to regulate malicious applications, hoarding and registration, and increase the content of malicious registration.
    • The use obligations of registered applicants are enhanced;
    • The obligations of the trademark agency are increased;
    • The gateway of regulating malicious registration is moved forward;
    • Meanwhile, for the behaviors of the trademark agency such as not for the purpose of use to apply trademark registration, knowing that the client is not for the purpose of use to apply trademark registration but the commission is still accepted, and to maliciously apply for trademark registration, administrative punishments are imposed.
  2. Second, the punishment for violations of trademark exclusive rights is increased.
Health and Safety

< Fire Prevention Law of the People’s Republic of China > (2019-04-23)

The Fire Prevention Law of the People’s Republic of China (hereinafter referred to as Fire Prevention Law) was amended at the tenth meeting of the Standing Committee of the 13th National People’s Congress and has come into force on 23rd April 2019. The main changes of the Fire Prevention Law are as below:

  • The fire prevention function of supervision and management is changed from the public security organ and its fire protection agency to the emergency management department and its fire rescue agency;
  • The function of fire protection acceptance check or register is changed from the fire prevention department of the public security organ to the department of housing and urban-rural construction;
  • The specific measures of fire prevention design review, fire prevention acceptance check, register and sampling inspection of construction projects shall be stipulated by the supervision department of housing and urban-rural construction of the State Council.

< Construction Law of the People’s Republic of China > (2019-04-23)

The Construction Law of the People’s Republic of China (hereinafter referred to as Construction Law) was amended at the tenth meeting of the Standing Committee of the 13th National People’s Congress and has come into force on 23rd April 2019. The amendment of PRC Construction Law focuses on Article 8 as below.

  1. The term of "A planning permit for a construction project has been obtained" is amended as "a planning permit for a construction project has been obtained if the planning permit for a construction project is required according to law".
  2. The term of "construction drawings and technical data that meet the construction needs" is amended as "fund arrangement, construction drawings and technical data that meet the construction needs".
  3. The conditions of application for Construction Permit has been reduced from eight to six. The new version of the Construction Law is more concise and more in line with the actual situation of the current construction industry.

< Safety Regulations for Dust Explosion Prevention and Protection > GB 15577-2018 (2019-06-01)

The Safety Regulations for Dust Explosion Prevention and Protection GB 15577-2018 (hereinafter referred to as GB 15577-2018) was issued by National Standards Commission on 19th November 2018, replacing GB 1557-2007 and will come into force on 1st June 2019. Compared to GB 1557-2007, the main changes of GB 15577-2018 are as below:

  1. Three terms and definitions of "explosive dust atmosphere", "cleaning" and "dust collection system" are added.
  2. "Reduce damage caused by initial explosion" and "prevention of secondary explosion" are amended and combined as "control of dust explosion".
  3. “Ventilation Dust Collection” is removed.
  4. “Dust Control and Cleaning” is added.
  5. “Check and Reparation” is added.
  6. "Personal protection and rescue" is amended and changed to "personal protection".
Environment

< Investigation Guideline on Environmental Emergency Response Resources (Trial) > (2019-03-19)

The Investigation Guideline on Environmental Emergency Response Resources (Trial) (hereinafter referred to as the Guideline) was gazetted by General office of Ministry of Ecology and Environment on 19th March 2019 as a recommended technical guideline.

  • The term “environmental emergency resources” mentioned in the Guideline refers to the needed materials and equipment while emergent measures are taken to deal with environmental emergencies.
  • The Guideline provides investigation content and procedure of environmental emergency resources, and is applicable to the environment and ecology department, enterprise and public institution to carry out environmental emergency resources investigation work.
  • The Guideline defines environmental emergency resources as seven categories: pollution source cut off, pollutant control, pollutant collection, pollutant degradation, safety guard, emergency communications and command, and environmental monitoring.
  • The Guideline lists the Reference List of Environmental Emergency Response Resources, the Investigation Form of Environmental Emergency Response Resources (Sample) and the Reference Format of Investigation Report on Environmental Emergency Response Resources (Form) in the form of appendixes for reference for the investigation entities.

< National Action Plan on Water Conservation > (2019-04-15)

The National Action Plan on Water Conservation (hereinafter referred to as the Action Plan) was jointly gazetted by National Development and Reform Commission and Ministry of Water Resources on 15th April 2019, aims to improve the utilization efficiency of water resources and promote green and high-quality development.

Goal of 2020 defined in Action Plan: Policies and regulations, market mechanisms, standard system on water conservation are improving; water consumption per ten thousand Yuan GDP, water consumption per ten thousand Yuan industrial added value be reduced by 23% and 20% respectively compared to 2015 baseline, the effect of water conservation is preliminarily shown.

Three (3) key measures for industrial water conservation and discharge reduction is defined in this Action Plan:

  • Vigorously promote industrial water conservation transformation;
  • Promoting water saving and efficiency enhancement in high-water Consumption Industry;
  • Actively promote the cascade utilization of water cycle.
China Minimum Wage Standard Update
Area Minimum Wage Standard (RMB/month)
Shanghai Municipality: Effective from 1 April 2019
Shanghai Municipality 2480
Beijing Municipality: Effective from 1 July 2019
Beijing Municipality 2200

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