Summary of Law Updates:
Labour
1. < Measures on Integrity Grade Evaluation about Obedience of Labour and Social Security Laws by Enterprises > (2017-01-01)
The Measures on Integrity Grade Evaluation about Obedience of Labour and Social Security Laws by Enterprises (hereinafter referred to as Measures) has been gazetted by the Ministry of Human Resources and Social Security on 25th July, 2016 and it will come into force on 1st January, 2017.
The Measures provides that the integrity grade evaluation about obedience of labour and social security laws by enterprise will be carried out annually. Totally 9 aspects on obedience of labour and social security laws by enterprise shall be evaluated through labour security supervision such as routine perambulatory inspection, review on documented materials, investigation and prosecution to allegation or complaint, or other related processes to obtain the credit records of the previous year of an enterprise.
The evaluation result will be classified into Grades A, B and C. On the basis of the evaluation result, Human Resources and Labour Security Department will carry out classified regulation to the enterprises, and it’s purpose is to adjust the frequency of routine perambulatory inspection. For the enterprise rated as Grade C, the principal officer and the person-in-charge will be interrogated and urged for complying with labour and security laws and regulations.
The evaluation status of integrity grade about obedience of labour and social security laws will be notified to individual enterprises accordingly, and will be incorporated into the integrity records about obedience of labour and security laws of relevant enterprises. From now on, the Human Resource and Labour Security Department, together with Industry and Commerce, Finance, Housing and Urban-Rural Development, Taxation Departments, and Labour Union Organization, will establish the credit information exchange and sharing mechanism and enforce joint-incentive measures to those enterprises keeping integrity and joint-disciplinary measures to those breaking integrity.
2. < Measures on Public Announcement for Serious Breach of Labour and Social Security Laws > (2017-01-01)
The Measures on Public Announcement for Serious Breach of Labour and Social Security Laws (hereinafter referred to as Measures) has been gazetted by the Ministry of Human Resources and Social Security on 1st August, 2016 and it will come into force on 1st January, 2017.
The Measures defines seven kinds of serious breaches of labor and social security laws (for instance, violation of provisions on prohibition of use child labor) shall be publicized.
The Measures provides that, the Human Resources and Social Security Administrative Departments of prefecture or county level shall publicize the serious breaches of labour and social security laws in its area quarterly; the Ministry of Human Resources and Social Security and the provincial Human Resources and Social Security Administrative Departments shall publicize the serious breaches of labour and social security laws semiannually.
The Measures defines four specific contents for the public announcement of serious breaches of labour and social security laws; namely, the full name of the entity in breach of law, the unified code of social credit system (or registration number) and the address; the name of the legal representative or person-in-charge; the key facts on breach of law and related consequences.
The Measures defines the channels of public announcement for the serious breaches of labour and social security laws: one could be the web portals of local Human Resources and Social Security Administrative Departments; another could be major newspapers and journals or television in the administrative region.
3. < Opinions on Implementation of "Integration of Two Certificates" namely Business Licence and Tax Registration Certificate for Individual Businesses > (2016-08-29)
The Opinions on Implementation of "Integration of Two Certificates" namely Business Licence and Tax Registration Certificate for Individual Businesses (hereinafter referred to as Opinions) has been jointly gazetted by the State Administration of Industry and Commerce and other three departments on 29th August, 2016.
The "Integration of Two Certificates" refers to the change to the successive application processes of business licence (by the industry and commerce administrative department) and the taxation registration certificate (by taxation department). The new process will be a single application in which the industry and commerce administrative department shall approve and issue the business licence.
Heilongjiang, Shanghai, Fujian, and Hubei Provinces (City) as the four regions to pilot have implemented the “Integration of Two Certificates” for individual businesses since 1st October, 2016, and then other provinces and cities will enforce it since 1st December, 2016.
4. < Regulation on Population and Family Planning in Guangdong Province > (2016-09-29)
The amended Regulation on Population and Family Planning in Guangdong Province (hereinafter referred to as Regulation) has been adopted and gazetted for enforcement by Guangdong Provincial People’s Congress on 29th September, 2016.
One of the significant amendments of the Regulation is that, for couples who are compliant with laws and regulations on family planning, the additional maternity leave entitled by female employees changed from the previous 30 days to 80 days.
Health and Safety
1. < Implementation Opinions of the Supervision Regulation on Safety Technology for Stationary Pressure Vessels (TSG 21-2016) > (2016-9-28)
The Implementation Opinions of the Supervision Regulation on Safety Technology for Stationary Pressure Vessels (TSG 21-2016) (hereinafter referred to as Implementation Opinions) had been gazetted by the Special Equipment Safety Supervision Bureau of General Administration of Quality Supervision, Inspection and Quarantine of the People ’s Republic of China on 28th September, 2016. The Implementation Opinions indicates that the Supervision Regulation on Safety Technology for Stationary Pressure Vessels would be enforced on 1st October, 2016. Actually this Supervision Regulation on Safety Technology for Stationary Pressure Vessels (hereinafter referred to as Comprehensive Regulation) was formulated as a comprehensive regulation based on the previous 7 specific regulations. To ensure a smooth transition between the old and new regulations, some key requirements were provided by the Implementation Opinions as follows:
Environment
1. < Regulation of Shanghai Municipality on Environmental Protection > (2016-10-01)
The Regulation of Shanghai Municipality on Environmental Protection (hereinafter referred to as Regulation) was amended and adopted by the Standing Committee of the People’s Congress of Shanghai Municipality on 29th July, 2016, and has come into force on 1st October, 2016. Highlights of the amendment are as follows:
1). Extended Public Participation
2). Green Development
3). Comprehensive Supervision
4). A dedicated chapter of “Information Disclosure and Public Participation” is added
5). Increased penalty in breach of law
2. < Notice on Strengthening the Administration of Environmental Impact Assessment with Improvement of Environmental Quality as the Core > (2016-10-27)
The Notice on Strengthening the Administration of Environmental Impact Assessment with Improvement of Environmental Quality as the Core (hereinafter referred to as Notice) had been promulgated by the Ministry of Environmental Protection on 27th October, 2016.
The provincial environmental protection departments shall strengthen the efforts to clear up the projects without EIA (Environmental Impact Assessment) approval prior to construction, carry out supervision and inspection regularly, and ensure that all the clear-up efforts would be completed before 31st December, 2016 according to the requirements of the Notice.
Since 1st January, 2017, the projects without EIA approval prior to construction shall be penalized strictly according to law; measures to address those projects without acceptance inspection overdue for long period as defined shall be studied and formulated; the projects that caused serious environmental pollution or ecological destruction shall be investigated and penalized according to law; the projects refused to implement the penalty shall be enforced the “Penalty on a Daily Basis” according to law.
3. < Law of the People’s Republic of China on Prevention and Treatment of Environmental Pollution Caused by Solid Waste > (2016-11-07)
The Law of the People’s Republic of China on Prevention and Treatment of Environmental Pollution Caused by Solid Waste (hereinafter referred to as Solid Waste Law) was amended and adopted by the Standing Committee of the National People’s Congress on 7th November, 2016, and has come into force on 7th November, 2016. Highlights of the amendment are as follows:
The examination and approval of hazardous wastes that transfer across regions was changed from “administrative departments of environmental protection of the people’s governments at or above the level of a city with districts from ｗｈｅｒｅ the hazardous waste is to be moved out” to “administrative departments of environmental protection of the people’s governments of the province, self-governing region or municipality directly under the Central Government from ｗｈｅｒｅ the hazardous waste is to be moved out”. It means that there is no need to obtain approval if the hazardous waste is transferred to another city within a same province. Details of specific operations for enterprises should be consulted with the local administrative departments of environmental protection.
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