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CSR Gazette, China - November 2019
Summary
  • The Interim Measures for the Management of the List of Serious Untrustworthy Persons in the Field of Social Insurance was gazatted by the Ministry of Human Resources and Social Security. The Measures includes serious untrustworthy behavior in the social insurance field on the list of serious social untrustworthy persons and implements cross-departmental joint punishment.
  • The Implementation Regulations of Food Safety Law of the People's Republic of China refines and strictly implement the new Food Safety Law of the People's Republic of China to further enhance the operability of the system; adhere to the problem-oriented, to improve relevant systematic measures; refines the process management, penalty provisions and other contents; consolidate corporate responsibility and increase illegal costs.
  • The Measures for theSupervision and Management of the Preparation for Construction Project Environmental Impact Report (Form) and its supporting documents have been gazetted by the Ministry of Ecological and Environmental, aiming at standardizing the activity of preparation for construction project environmental impact report (report form) and ensure the quality of environmental impact assessment work.
  • Updated Minimum Wage Standard of Hebei Province, Liaoning Province and Guizhou Province.
Contents

Labour

< Interim Measures for the Management of the List of Serious Untrustworthy Persons in the Field of Social Insurance >

Health and Safety

< Implementation Regulations of the People's Republic of China Food Safety Law >

Environment

< The Measures for the Supervision and Management of the Preparation for Construction Project Environmental Impact Report (Form) >

Minimum Wage Standard Update

Hebei Province, Liaoning Province, Guizhou Province

Summary of Law Updates

Labour

1. < Interim Measures for the Management of the List of Serious Untrustworthy Persons in the Field of Social Insurance > (2019-10-28)

The Interim Measures for the Management of the List of Serious Untrustworthy Persons in the Field of Social Insurance (hereinafter referred to as The Measures) was gazatted by the Ministry of Human Resources and Social Security on 28th October 2019 and has come into force on the same day.

1.The Measures outlines eight (8) scenarios that shall be included in the list of serious untrustworthy persons in social insurance field. The concerns related to employers are as follows:

  • (1)The employer did not handle social insurance registration according to law, and still not made corrections after receiving an administrative punishment.
  • (2)Participating in social insurance by fraud, forgery of proof materials or other illegal means, and illegally handling more than 20 times of social insurance business or making a profit of more than 20,000 yuan;
  • (3)The employer and its legal representative or a third party, who shall reimburse the work-related injury insurance benefits that have been paid first by the social insurance fund, are capable to repay but refuse to repay and the amount exceeded 10,000 yuan.

2.The Measures clarifies that, the list of serious untrustworthy persons in social insurance field, will be uploaded to the Human Resources and Social Security Credit Information Platform and the National Credit Information Sharing Platform, and the relevant departments will implement joint punishment.

3.The Measures also clarifies a time limit for joint punishment, which is divided into one (1) year and three (3) years. At the end of the period, it will be automatically removed from the list.

Health and Safety

1. < Implementation Regulations of the People's Republic of China Food Safety Law > (2019-12-01)

The Implementation Regulations of Food Safety Law of the People's Republic of China (hereinafter referred to as the Regulation) has been revised and approved by the 42nd executive meeting of the State Council on 26th March 2019, and will come into force on 1st December 2019. The relevant amendments to the Regulation are as follows:

  1. The number and contents of the articles have been substantially revised. while remaining the original chapter framework, the number of articles has increased from 64 to 86; the contents of the articles have been substantially revised, especially for the three chapters of food production & operation, supervision and management and legal responsibility.
  2. Refines the food safety risk monitoring system. The Regulation establishes a food safety risk monitoring consultation mechanism, a food safety hazard notification system and a food safety risk information exchange mechanism. The food safety hazard notification system between food safety supervision departments and production operators has been added to guide production operators to conduct self-inspection and take measures to control damage to human health.
  3. Improve establishment of food safety standards. The Regulation stipulates the information disclosure and filing requirements of local food safety standards. Food producers and operators can implement the announced food safety standards in advance. The enterprise standard shall not be lower than the national food safety standard, and the enterprise standard that are stricter than national standards and local standards shall be reported to the provincial health administrative department for the record.
  4. Strengthen the main responsibility of food producers and operators. The Regulation stipulates that the food producers and operators who entrust the storage and transportation of food shall have the obligation to review and supervise the trustee; the trustee shall truthfully record the name, address, contact information, etc. of the entrusting party and the consignee, and the record retention period shall not be less than 2 years after the end of storage and transportation. For those failure to record and save information according to regulations will result in penalties.
  5. Increase food safety penalties.
    • (1)The Regulation substantially increased the administrative fines for food safety violations. The fine is a minimum of 10,000 yuan, which is much higher than the minimum of 2,000 yuan before the revision.
    • (2)The Regulation stipulates six (6) statutory situations of "serious circumstances" by enumeration, and imposes severe fines for the serious violations.
    • (3)The Regulation stipulates that the individual shall be published for penalties for violation of the law, that is, for one of the situations including existing intentionally committing illegal act, nature of illegal act or the serious consequences caused by illegal acts, except for the punishment given to the illegal units according to law, the legal representatives, main persons in charge, the main managers directly-in-charge and other directly responsible persons shall also be fined no less than one (1) time but no more than ten (10) times of the income of last year obtained from the employer.

Environment

1. < Supervisory Administrative Measure on Preparation for Construction Project Environmental Impact Report (Report Form) > (2019-11-01)

The Measures for the supervision and management of the Preparation for Construction Project Environmental Impact Report (Report Form) (hereinafter referred to as the Measure) has been gazetted by the Ministry of Ecology and Environment on 20th September 2019 and it has come into force on 1st November 2019.

TheImplementation of Measures of Construction Projects Environmental Impact Assessment Qualification Management ( Environmental Protection Department Decree No. 36 th ) gazetted by former Environmental Protection Department on 28th September, 2015 and the Notice on Requirements for Subsequent Related Work for Cancellation of Administrative Licensing on Construction Project Environmental Impact Assessment Qualification (Interim) (Ministry of Ecology and Environment Decree No. 2nd of 2019) gazetted by the Ministry of Ecology and Environment on 19th January 2019 have been abolished on the same date.

The key contents of the Measure are summarized as follows:

  1. The Construction Entity may commission a technical agency to carry out environmental impact assessment, to prepare environmental impact report (report form) for its construction project; The Construction Entity may carry out environmental impact assessment, prepare environmental impact report (report form) by itself if it is competent for environmental impact assessment.
  2. The Construction Entity shall be responsible for the content and conclusion of environmental impact report (report form). And the commissioned technical agency should assume corresponding responsibility for the environmental impact report (report form) it prepared.
  3. The Ministry of Ecologic and Environmental is responsible for the construction of a nationwide uniform credit platform for environmental impact assessment, and organizes the establishment of an integrity file management system for preparation agency and preparation staff. The credit platform shall be integrated into and uniformly managed by state ecological and environmental credit information platform.

In order to facilitating the implementation of the Measure, three supportive documents were gazetted by the Ministry of Ecology and Environment on 25th October 2019, including Capacity Building Guideline on Environmental Impact Report (Report Form) Preparation (Trial), Administrative Regulation on Information Disclosure for Preparation Agency and Preparation Staff of Environmental Impact Report (Report Form) (Trial) and Scoring Measure on Dishonesty Conduct of Preparation Agency and Preparation Staff of Environmental Impact Report (Report Form) (Trial) were gazetted by the Ministry of Ecology and Environment on 25th October 2019. These three supportive documents have come into force together with the Measure.

China Minimum Wage Standard Update - November 2019

Area Minimum Wage Standard (RMB/month)
Hebei Province: Effective from 1 November 2019
Shijiazhuang City: Urban District (excluding Jingxing Mining Area); Qinhuangdao City: Urban District; Tangshan City: Urban District, Qian'an City, Zunhua City, Luannan County, Qianxi County, Yutian County, Laoting County, Luan County; Langfang City: Urban District, Sanhe City, Bazhou City; Baoding City: Urban District, Zhuozhou City, Baigou New City; Xiong'an New District 1900
Shijiazhuang City: Zhengding County; Chengde City: Urban District; Zhangjiakou City: Urban District (excluding Saibei District, Chabei District), Wanquan District, Chongli District, Huailai County, Zhuolu County; Qinhuangdao City: Changli County, Lulong County; Baoding City: Gaobeidian City, Anguo City; Langfang City: Dachang Hui Autonomous County, Xianghe County; Cangzhou City: Urban District, Huanghua City, Renqiu City, Qing County, Cang County; Hengshui City: Urban District; Xingtai City: Urban District, Xingtai County, Shahe City; Handan City: Urban District (excluding Matou Ecological Industrial City), Ci County, Wu'an City; Dingzhou City; Xinji City 1790
Shijiazhuang City: JingXing Mining District, Jingxing County, Jinzhou City, Xinle City, Xingtang County, Gaoyi County, Shenze County, Wuji County, Pingshan County, Yuanshi County, Zhao County, Lingshou County; Chengde City: Xinglong County, Pingquan City, Kuancheng Manchu Autonomous County, Luanping County, Chengde County, Fengning Manchu Autonomous County, Longhua County, Weichang Manchu Mongolian Autonomous County; Zhangjiakou City: Saibei District, Chabei District, Kangbao County, Guyuan County, Shangyi County, Yangyuan County, Huai'an County, Yu County, Zhangbei County, Chicheng County; Qinhuangdao City: Qinglong Manchu Autonomous County; Langfang City: Yongqing County, Dacheng County, Wen'an County, Gu'an County; Baoding City: Dingxing County , Wangdu County, Gaoyang County, Boye County, Lixian County; Cangzhou City: Bohai New District (including Zhongjie, Nandagang, Lingang), Botou City, Hejian City, Wuqiao County, Suning County; Hengshui City: Jizhou City , Shenzhou City, Zaoqiang County, Gucheng County, Jing County, Anping County; Xingtai City: Nanhe County, Longyao County, Baixiang County, Xinhe County, Qinghe County, Ren County, Neiqiu County, Ningjin County, Nangong City, Linxi County, Guangzong County, Julu County, Pingxiang County, Wei County, Lincheng County; Handan City: Yongnian District, Feixiang District, Linzhang County, Cheng'an County, Quzhou County, Jize County, Qiu County, She County 1680
Shijiazhuang City: Zanhuang County; Baoding City: Shunping County, Tang County, Fuping County, Laiyuan County, Laishui County, Quyang County, Yi County; Cangzhou City: Haixing County, Yanshan County, Mengcun Hui Autonomous County, Nanpi County, Dongguang County, Xian County; Hengshui City: Wuyi County, Wuqiang County, Raoyang County, Fucheng County; Handan City: Wei County, Daming County, Guangping County, Guantao County 1580
Liaoning Province: Effective from 1 November 2019
Dalian City: Zhongshan District, Xigang District, Shahekou District, Ganjingzi District, Lushunkou District, Changhai County and each pilot districts; Shenyang City: Heping District, Shenhe District, Tiexi District, Huanggu District, Dadong District, Hunnan District, Yuhong District, Shenbei New District, Sujiatun District 1810
Dalian City: Pulandian District, Wafangdian City, Zhuanghe City 1710
Anshan City: Tiedong District, Tiexi District, Lishan District, Qianshan District, Anshan High-tech Industrial Development Zone, Anshan Economic Development Zone, Qianshan Scenic Spot; Liaoyang City: Baita District, Wensheng District, Hongwei District, Gongchangling District, Taizihe District; Fushun City: Urban District; Benxi City: Urban District; Dandong City: Zhenxing District, Yuanbao District, Zhen'an District, Hezuo District; Yingkou City; Panjin City: Shuangtaizi District, Xinglongtai District, Dawa District, Panshan county 1610
Shenyang City: Liaozhong District, Xinmin City, Faku County, Kangping County 1540
Anshan City: Haicheng City, Tai'an County, Xiuyan County; Liaoyang City: Liaoyang County, Dengta City; Fushun City: Fushun County, Qingyuan Manchu Autonomous County, Xinbin Manchu Autonomous County; Benxi City: Benxi County, Huanren County; Dandong City: Donggang City, Fengcheng City, Kuandian County; Jinzhou City: Guta District, Linghe District, Taihe District, Binhai New District, Songshan New District; Fuxin City; Huludao City: Longgang District, Yangjiazhangzi Economic Development Zone, Lianshan District; Tieling City; Chaoyang City 1480
Jinzhou City: Linghai City, Beizhen City, Heishan County, Yi County; Huludao City: other counties (cities) or districts 1300
Guizhou Province: Effective from 1 December 2019
Guiyang City: Yunyan District, Nanming District, Wudang District, Baiyun District, Huaxi District, Guanshan Lake District, Qingzhen City; Zunyi City: Honghuagang District, Huichuan District, Bozhou District, Chishui City, Renhuai City; Liupanshui City: Zhongshan District, Panzhou City; Anshun City: Xixiu District, Pingba District; Bijie City: Qixingguan District; Tongren City: Bijiang District, Wanshan District; Qiandongnan Prefecture: Kaili City; Qiannan Prefecture: Duyun City; Qianxinan Prefecture: Xingyi City; Gui'an New District 1790
Guiyang City: Kaiyang County; Zunyi City: Tongzi County, Meitan County, Yuqing County, Suiyang County, Xishui County; Liupanshui City: Liuzhi Special Zone, Shuicheng County; Bijie City: Nayong County, Zhijin County, Jinsha County, Qianxi County; Tongren City: Yuping County; Qiandongnan Prefecture: Zhenyuan County, Shibing County; Qiannan Prefecture: Longli County, Guiding County, Fuquan City; Qianxinan Prefecture: Xingren City, Anlong County 1670
Guiyang City: Xifeng County, Xiuwen County; Zunyi City: Daozhen County, Fenggang County, Zheng'an County, Wuchuan County; Anshun City: Puding County, Guanling County, Zhenning County, Ziyun County; Bijie City: Hezhang County, Dafang County, Weining County; Tongren City: Yinjiang County, Jiangkou County, Dejiang County, Shiqian County, Sinan County, Yanhe County, Songtao County; Qiandongnan Prefecture: Huangping County, Rongjiang County, Taijiang County, Danzhai County, Cengong County, Tianzhu County, Liping County, Jinping County, Jianhe County, Leishan County, Sansui County, Congjiang County, Majiang County; Qiannan Prefecture: Changshun County, Weng'an County , Huishui County, Luodian County, Libo County, Sandu County, Dushan County, Pingtang County; Qianxinan Prefecture: Pu'an County, Ceheng County, Wangmo County, Zhenfeng County, Qinglong County 1570

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