CSR Gazette, China - November 2020
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Beijing Municipal Human Resources and Social Security Bureau published the Opinions on the Implementation of Electronic Labor Contracts on 27th October 2020. It aims at to promote the implementation of electronic labor contracts related work, improve the efficiency of human resources management of employers and optimize the labor management model.
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The Regulations on Optimizing Business Environment in Shenzhen Special Economic Zone were adopted by the 45th meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress on 29th October 2020. It aims at to practice Shenzhen’s leading demonstration, benchmark against international advanced levels, and create a stable, fair, transparent and predictable world-class legalized business environment.
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The State Administration for Market Regulation issued the Guidelines for Food Safety Entity Responsibility of Food Sellers (Trial) on 17th September 2020. To Further urge food sellers to fully implement their entity responsibility for food safety and carry out business activities in accordance with laws and regulations.
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The Opinions on Optimizing Environmental Impact Assessment Work for Small and Micro Enterprises Projects has been gazetted by the Ministry of Ecology and Environment, aims to deepen EIA reform, optimize EIA service, further optimize business environment, stimulate the vitality of small and micro enterprises, and promote green development.
Labour
< Opinions on the Implementation of Electronic Labor Contracts >
< Regulation on Optimizing Business Environment in Shenzhen Special Economic Zone >
Health and Safety
< Guidelines for Food Safety Entity Responsibility of Food Sellers (Trial) >
Environment
< Opinions on Optimizing Environmental Impact Assessment Work for Small and Micro Enterprises Projects >
Labour
1. < Opinions on the Implementation of Electronic Labor Contracts >(2020-10-27)
The Opinions on the Implementation of Electronic Labor Contracts (hereinafter referred as Implementation Opinions) was issued by the Beijing Municipal Human Resources and Social Security Bureau on 27th October 2020 and has come into force on the day of promulgation. It is applicable to employers and their employees registered in the administrative area of Beijing and third-party electronic labor contract signing service agencies. The Implementation Opinions has nineteen (19) measures in seven (7) aspects, and the main contents are as follows:
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Clarify the basic conditions for the conclusion of an electronic labor contract;
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Clarify the standards and requirements for implementation of electronic labor contracts;
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Clarify how to apply electronic labor contracts in different scenarios;
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Clarify the relevant measures for the management of electronic labor contract services.
2. < Regulation on Optimizing Business Environment in Shenzhen Special Economic Zone > (2021-01-01)
The Regulations on Optimizing Business Environment in Shenzhen Special Economic Zone (hereinafter referred to as Regulation) were adopted at the 45th meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress on 29th October 2020 and will be come into force on 1st January 2021. The main contents of the Regulation are as follows:
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Focus on key links in the entire life cycle of market entities, further relax market access and facilitate the establishment and operation of market entities, and optimize exit mechanisms;
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Build an efficient and convenient government service system, further deepen the reform of the approval system and implement the enterprise supported policy;
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Create a high-quality, equal and convenient business environment, further encourage and explore the flexible labor systems, guide market entities in need to carry out "shared labor" practice, and improve the efficiency of human resource allocation through adjustments surplus labor;
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For the facilities that cannot implement the statutory standard working hour system due to the characteristics of production and operation and meet the application scope of the special working hour system, facilities are allowed to implement flexible or comprehensive working hour system after negotiation, and implement a notification and commitment system;
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Innovate the financing facilitation model of market entities, further strengthen the innovation of financing model, standardize bank lending behavior and ensure the development of small, medium and micro enterprises.
Health and Safety
1. < Guidelines for Food Safety Entity Responsibility of Food Sellers (Trial) > (2020-09-17)
The Guidelines for Food Safety Entity Responsibility of Food Sellers (Trial) (hereinafter referred to as Guidelines) was issued by the State Administration for Market Regulation on 17th September 2020, and has come into force on the day of promulgation. The relevant contents are as follows:
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The Guidelines divides the food safety entity responsibility into three parts: "key responsibility", "basic responsibility of food sellers" and "other entities responsibility";
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The Guidelines clearly encourages food sellers to carry out "safe food self-commitment" to the society based on comprehensive food safety risk check and rectification, then post the commitment content in a prominent place in the business site;
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The Guidelines expresses each requirement in tabular form for easy use and inquiry. The <Guidelines> is divided into 5 columns. The first column is the "Project", which mainly categorizes the entity responsibilities and a total of 47 responsibilities are sorted out. The second is the "Key Points", which mainly clarifies the implementation requirements of each entity responsibility and 105 requirements are sorted out. The third is "content", which mainly refines the implementation content and requirements of each key point and a total of 195 contents are included. The fourth is "applicable object", which mainly clarifies the implementation subject for each entity responsibility. The fifth is "basis", which mainly clarifies the basis of laws and regulations for each entity responsibility.
Environment
1. < The Opinions on Optimizing Environmental Impact Assessment Work for Small and Micro Enterprises Projects > (2020-09-23)
The Opinions on Optimizing Environmental Impact Assessment Work for Small and Micro Enterprises Projects (hereinafter referred to as Opinions) has been gazetted by the Ministry of Ecology and Environment on 23rd September 2020. The Opinions emphasizes to reform and simply environmental impact assessment (EIA) management for small and micro enterprises projects and ensure the environmental protection requirement shall not be reduced. The main contents are as follows:
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Narrow down the scope of EIA. Further reduce the amount of approving and filing of EIA for the construction projects with minor environmental impact through revising <Directory on Construction Project Environmental Impact Assessment Classification Management> (hereinafter referred to as Directory). In Principle, construction projects not specified in the Directory shall not be included in the EIA management. Enhance the linking between EIA and pollutant discharge permission, and the EIA registration form is no longer required for construction project that implement the registration management of pollutant discharge permission. For industries with minor environmental impact, only the new, modified and expanded projects in industrial construction should be included in EIA management;
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Simplify preparation content in report form. Revise the report form format, simplify the form content and filling requirement, and reduce difficulty of preparation for project which be subject to environmental report form.
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Explore the simplified model of EIA for similar projects. Strengthen the linkage between the planning and project of EIA for industrial park (including industry cluster district, industrial concentration district etc.). For small and micro enterprises located in the industrial park that has finished the planned EIA and implemented relevant requirement and fulfill the term of access on ecology and environment, conclusion in the plan EIA could be quoted for project EIA to simplify the EIA content;
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Continue to promote the reform of positive list of EIA approving. The relevant requirement of the current positive list will continue to be implemented before the updated Directory is released and implemented. Small and micro enterprise project that under specified ecological and environmental protection requirement and relevant industrial term of access on ecology and environment cloud be included in the notification commitment approval pilot;
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Strictly establish and execute environmental term of access for construction project, Consolidate the responsibility of enterprises on environmental protection and carry out environmental supervision flexibly. Establish ecology and environment term of access for the featured industry where small and micro enterprises concentrated. For projects that do not meet the access conditions, EIA procedure is not allowed in accordance with the law, and construction is strictly prohibited. Small and micro enterprises included in the EIA management should follow the procedure as legal requirement and fulfill the committed items strictly.
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