In the New Year of the Tiger, a number of new regulations began to be implemented.
Entities that owe more than 1 million yuan in taxes or are included in major tax violations and untrustworthiness; online platforms with more than 1 million user information must conduct network security reviews when going public abroad; medical and health institutions should take the initiative to disclose information such as bidding and procurement... The continuous improvement of the rule of law has made the new year "tiger and tiger".
Taxes owed more than 1 million yuan or are included in major tax violations and untrustworthy entities
The Measures for the Administration of the Publication of Information on Untrustworthy Entities in Major Tax Violations came into effect on February 1, 2022, and will further improve the restraint system for untrustworthiness.
The Measures clarify the main circumstances of "untrustworthy entities with major tax violations", including: forging, altering, concealing, or destroying account books and accounting vouchers without authorization, or listing more than one expenditure or not listing or under-listing income in the account books, or refusing to declare or making false tax declarations after being notified by the tax authorities, not paying or underpaying taxes payable by more than 1 million yuan, and not paying or underpaying taxes in any year accounting for more than 10% of the total tax payable of each tax in that year, or adopting the above-mentioned means, not paying or underpaying the withheld tax, Taxes have been collected, the amount is more than 1 million yuan; the amount of tax payable is not paid, and the means of transferring or concealing property are used to obstruct the tax authorities from recovering the tax arrears, and the amount of tax arrears is more than 1 million yuan.
Taxation authorities shall, within 15 days of the month following the date after the untrustworthy entity determines that the documents are served, release information such as the untrustworthy entity's basic situation to the public.
Strengthen the network security review of online platforms going abroad for listing
The revised Cybersecurity Review Measures came into effect on 15 February 2022. According to the measures, network platform operators who hold the personal information of more than 1 million users must apply for a network security review to the Cyber Security Review Office if they go public abroad.
The Measures make it clear that where critical information infrastructure operators purchase network products and services, and network platform operators carry out data processing activities that affect or may affect national security, they shall conduct a network security review in accordance with these Measures.
The network security review will focus on assessing the risk of critical information infrastructure being illegally controlled, interfered with, or destroyed after the use of products and services; the risk of core data, important data, or a large amount of personal information being stolen, leaked, destroyed, illegally used, or illegally exported; and the risk of critical information infrastructure, core data, important data, or a large amount of personal information being affected, controlled, or maliciously used by foreign governments, and other national security risk factors.
Medical and health institutions should take the initiative to disclose information such as bidding and procurement
The Measures for the Administration of Information Disclosure of Medical and Health Institutions will come into force on 1 February 2022 and will further increase the transparency of the management of medical and health institutions.
According to the measures, the information that medical and health institutions should proactively disclose includes: the basic overview of the institution, public service functions; the distribution of the institution's departments, the identification of personnel, and the guidance of the logo; the service content, key disciplines and medical technology access of the institution, the service process and instructions; the service process information related to public health and disease emergency handling; the service information such as medical insurance, price, and fees; the information on bidding and procurement; the construction of a clean and honest government; and the consultation and complaint methods.
Where medical advertisements are published in the name of information disclosure in a disguised manner or exaggerated or false publicity is to be made in a disguised manner, the relevant functional departments are to give punishment in accordance with the "Advertising Law of the People's Republic of China" and other laws and regulations.
Further standardize the procedures for administrative punishment in agriculture
The new version of the Provisions on Agricultural Administrative Punishment Procedures, which came into effect on February 1, 2022, makes it clear that agricultural administrative punishment organs at all levels shall comprehensively implement the administrative law enforcement publicity system, the law enforcement process record system, and the legal review system for major law enforcement decisions, strengthen the construction of administrative law enforcement informatization, promote information sharing, and improve the efficiency of administrative punishment.
According to the regulations, agricultural administrative law enforcement personnel shall not be less than two when investigating or collecting evidence and conducting inspections. The parties concerned or relevant personnel have the right to require agricultural administrative law enforcement personnel to present law enforcement certificates. Where law enforcement personnel do not present law enforcement documents, the parties or relevant personnel have the right to refuse to accept an investigation or inspection.
The provisions also make it clear that the agricultural illegal conduct of e-commerce platform operators and e-commerce operators who sell goods or provide services through self-built websites or other network services is under the jurisdiction of the agricultural administrative punishment organs at or above the county level where they domiciled.
Strengthen the protection of the rights and interests of the parties to the guarantee and interested parties
The Measures for the Unified Registration of Movable Property and Rights Security came into effect on 1 February 2022, which will further regulate the unified registration of movable property and rights security and protect the legitimate rights and interests of the parties to the guarantee and interested parties.
The Measures clarify the scope, registration bodies and responsibilities of the unified registration of movable property and rights security, refine the content of registration, optimize the operation process of registration and inquiry, better guide market entities to standardize the registration and inquiry activities of movable property and rights security, further improve the efficiency of movable property and rights security financing, and optimize the business environment.
According to the Measures, the types of guarantees included in the unified registration scope of movable property and rights security include: production equipment, raw materials, semi-finished products, product mortgages; pledge of accounts receivable; pledge of deposit certificates, warehouse receipts, bills of lading; financial leasing; factoring, etc. The parties concerned can register online through the unified registration system, or they can inquire about all the movable property and rights security that are being announced in the name of the guarantor with one click.
Column Editor-in-Chief: Zhang Wu Text Editor: Cao Fei Title Image Source: Figure Worm Image Editor: Su Wei
Source: Author: Bai Yang, Xinhua News Agency