Summary:

• The Reform Plan of State and Local Taxation Collection and Management System has been jointly gazetted by the General Office of the CPC Central Committee and the General Office of the State Council, provides that social insurance premiums shall be centrally collected by the tax department.
  
• The Urgent Notice on Implementing Spirit of the Executive Meeting of the State Council to Effectively Stabilize Social Insurance Premiums collecting work has been gazetted by General office of Ministry of Human Resources and Social Security, aim at stabilizing the current social insurance premiums collecting work.
• Opinion of Ministry of Human Resources and Social Security and Ministry of Finance on Full Implementation of New Apprenticeship System in Enterprise has been jointly gazetted by Ministry of Human Resources and Social Security and Ministry of Finance, provides that apprentice wages shall not be lower than the local minimum wage.
• The Ministry of Emergency Management of PRC Notify About Comprehensive Implementation of Safety Risk Assessment and Commitment Announcements for Hazardous Chemicals Enterprises has been gazetted by the Ministry of Emergency Management, provides the specific requirement on safety risk assessment, safety risk report and commitment.
• The Law of People’s Republic of China on the Prevention and Control of Soil Pollution will come into force on 1st January 2019, the new soil pollution law fills a legal void, creating a comprehensive liability system for preventing and cleaning up soil pollution.
• Updated Minimum Wage of Anhui Province

Contents

Labour

• < Reform Plan of State and Local Taxation Collection and Management System >
• < Urgent notice of General office of Ministry of Human Resources and Social Security on Implementing Spirit of the Executive Meeting of the State Council to Effectively Stabilize Social Insurance Premiums Collecting Work >
• <Opinion of Ministry of Human Resources and Social Security and Ministry of Finance on Full Implementation of New Apprenticeship System in Enterprise>

Health and Safety

• < Ministry of Emergency Management of PRC Notify About Comprehensive Implementation of Safety Risk Assessment and Commitment Announcements for Hazardous Chemicals Enterprises >

Environment

• < Law of People’s Republic of China on the Prevention and Control of Soil Pollution >

Minimum Wage Standard Update

• Anhui Province

Summary of Law Updates:

Labour

1. < Reform Plan of State and Local Taxation Collection and Management System > (2018-07)

Reform Plan of State and Local Taxation Collection and Management System (hereafter referred to as Reform Plan) has been jointly gazetted by the General Office of the CPC Central Committee and the General Office of the State Council in July 2018.

The Reform Plan provides that the basic endowment insurance premiums, the basic medical insurance premiums, the unemployment insurance premiums, work injury insurance premiums and maternity insurance premiums shall be centrally collected by the tax department from 1st January 2019.

2. < Urgent notice of General office of Ministry of Human Resources and Social Security on Implementing Spirit of the Executive Meeting of the State Council to Effectively Stabilize Social Insurance Premiums Collecting Work> (2018-09-21)

Urgent notice of General office of Ministry of Human Resources and Social Security on Implementing Spirit of the Executive Meeting of the State Council to Effectively Stabilize Social Insurance Premiums Collecting Work Ren She Ting Han [2018] 246# (hereafter referred to as Notice) has been gazetted by General office of Ministry of Human Resources and Social Security on 21st September 2018.

• The Notice clarifies that Reform plan of State and Local Taxation Collection and Management System just provides the basic endowment insurance premiums, the basic medical insurance premiums, the unemployment insurance premiums and other social insurance premiums shall be centrally collected by the tax department, which is just a change of social insurance collecting agency, not a change of current social insurance collection policy.
• The Notice emphasizes that current policy of social insurance contribution basis and premiums rate across the country shall not be changed before the completion of social insurance premiums collecting agency reform.

3. < Opinion of Ministry of Human Resources and Social Security and Ministry of Finance on Full implementation of New Apprenticeship System in Enterprise> (2018-10-12)

Opinion of Ministry of Human Resources and Social Security and Ministry of Finance on Full Implementation of New Apprenticeship System in Enterprise (hereafter referred to as Opinion) has been jointly gazetted by Ministry of Human Resources and Social Security and Ministry of Finance on 12th October 2018.

a. Opinion provides that during the course of the study and training, the enterprise shall pay apprentice wages in accordance with the provisions of the labor contract law, and the wages shall not be lower than the local minimum wage.

b. Opinion provides that enterprises shall submit as the following: training plan, apprentice roster, copies of labor contract etc. to the Human Resources and Social Security Department while organizing apprenticeship training.

Health and Safety

1. < Ministry of Emergency Management of PRC Notify About Comprehensive Implementation of Safety Risk Assessment and Commitment Announcements for Hazardous Chemicals Enterprises > (2018-09-04)

The Ministry of Emergency Management of PRC Notify About Comprehensive Implementation of Safety Risk Assessment and Commitment Announcements for Hazardous Chemicals Enterprises (hereinafter referred to as Notification) was adopted by the Hubei Provincial People’s Government and it has come into force on 4th September 2018. The notification about comprehensively implementing safety risk assessment and commitment announcement for hazardous chemicals enterprises as below:

a.  General requirement

• The implementation of the safety risk research and commitment announcement system requires that dangerous enterprises must consciously abide the safety production laws and regulations and be responsible for the safety production cover all employees, at all time, and from all perspective, effectively control safety risks, investigate and manage hidden dangers. Facilities must make public commitments to all employees for the relevant work and make announcements outside the main door of factory to accept public supervision.

b.  Applicable scope

•  Hazardous chemicals enterprises refer to enterprises that produce hazardous chemicals, operate (with storage facilities) hazardous chemicals business and obtain licenses for the safe use of hazardous chemicals.

c. Basic requirements of safety risk assessment

• Establish a safety risk research and judgment system and improve the responsibility assignment system;
• In accordance with the principle of “Suspected risks is existing and should be researched, existing risks should be judged and controlled”, facilities establish a safety risk research and judgment process covering all employees and the entire business process.
• After daily shift transfer, workshop production scheduling meeting and factory-level production scheduling production arrangement to study and judge the safety risks of each task and implement safety risk management and control measures.

d. Safety risk report and commitment

• Act on the principle of “be responsible to the superior, convincing the superior, reporting to the superior”.
• The principal officers of the enterprise should consider the actual situation of the facilities, fully control the situations of safety production, and personally dispatch to ensure that the safety risks of production and operation activities are under control.

Environment

1. < Law of People’s Republic of China on the Prevention and Control of Soil Pollution > (2018-08-31)

Law of People’s Republic of China on the Prevention and Control of Soil Pollution (hereinafter referred to as Soil Pollution Law) adopted at the fifth Meeting of the Standing Committee of the thirteen National People’s Congress on 31st August 2018, will come into force on 1st January 2019.  

This Soil Pollution Law applies to the prevention and control of soil pollution and relevant activities within the territory of the People’s Republic of China and in the sea areas under the jurisdiction thereof. Main contents of this law are as follows: 

a. The Soil Pollution Law defines state system for prevention and control of soil pollution:  

• Accountability and performance appraisal system on soil pollution prevention and control;
• Information sharing mechanism for soil environment;
• Monitoring system for soil environmental;
• Catalogue system for key hazardous substances in soil;
• Catalogue system for construction land soil pollution risk control and remediation;
• Funding system for soil pollution prevention and control.

b. The Soil Pollution Law provides requirements on soil environmental impact assessment, soil pollution risk assessment, soil pollution prevention and control, soil pollution investigation and soil remediation, and soil pollution investigation prior to the change of site use and withdrawal or transfer of land use right.

China Minimum Wage Standard Update - November 2018

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