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| 01 | The "Regulations on the Protection of Minors Online" will come into force next year |
| 02 | The General Office of the State Council issued a notice on the arrangement of some holidays in 2024 |
| 03 | The national 12315 consumer complaint information publicity platform was launched to implement the disclosure of complaint information for market supervision and management |
| 04 | To promote the transformation of patents, the State Council issued the "Special Action Plan for the Transformation and Application of Patents" |
| 05 | The Supreme People's Court issued 27 measures to optimize the legal environment and promote the development of the private economy |
| 06 | It is related to the governance of residential communities, and Zhuhai has introduced new regulations |
| 07 | A number of laws and administrative regulations are open for public comment |
I. The "Regulations on the Protection of Minors Online" will come into force next year
The Regulations on the Protection of Minors Online (hereinafter referred to as the "Regulations") were adopted at the 15th executive meeting of the State Council on September 20, 2023 and will come into force on January 1, 2024.
1. Complete rules for the protection of minors' personal information, including:
(1) Where network service providers provide minors with services such as information release and instant messaging, they shall lawfully request that the minors or their guardians provide the minors' true identity information;
(2) Personal information handlers shall strictly comply with the provisions of the State Internet Information Department and relevant departments on the scope of necessary personal information for online products and services, and must not compel minors or their guardians to consent to the handling of non-essential personal information, and must not refuse minors' use of essential functions and services because minors or their guardians do not consent to the handling of minors' non-essential personal information or withdraw their consent; Wait.
2. Strengthen the regulation of online information content, including:
(1) No organization or individual may produce, reproduce, publish, or disseminate online information that contains content that endangers the physical and psychological health of minors, such as advocating obscenity, pornography, violence, cults, superstition, gambling, inducing self-harm and suicide, terrorism, separatism, or extremism;
(2) Obscene and pornographic online information about minors must not be produced, reproduced, published, disseminated, or possessed by any organization or individual;
(3) Online product and service providers must not present information that might impact minors' physical and psychological health in key links such as the home page, pop-up windows, or hot searches that are in a conspicuous position in the product or service and are likely to attract users' attention; Wait.
3. Strengthen responsibility and punishment, enterprises violating the "Regulations" will face corrections within a time limit, give warnings, confiscate illegal gains, impose fines, notify relevant departments to revoke relevant business licenses or business licenses in accordance with the law, and the directly responsible managers and other directly responsible personnel may also face penalties that prohibit them from serving as directors, supervisors, senior managers and persons in charge of the protection of minors of relevant enterprises within a certain period of time.
【Legal Counsel's Guidelines】
Enterprises involved in the provision of network products and services should pay attention to the regulations and operate in compliance with the Regulations. In addition, personal information handlers involving minors' personal information shall also conduct annual compliance audits of their handling of minors' personal information in compliance with laws and administrative regulations, and promptly report the audit to departments such as for internet information. It is advisable to work with your legal counsel to facilitate a compliance audit.
【Policy Links】
https://www.gov.cn/zhengce/content/202310/content_6911288.htm
2. Notice of some holiday arrangements in 2024
On October 25, 2023, the General Office of the State Council issued the Notice on the Arrangements for Some Holidays in 2024, and the specific arrangements for some holidays in 2024 are as follows:
| _ | New Year's Day: Closed on January 1, and closed on weekends. |
| _ | Spring Festival: February 10th to 17th, a total of 8 days. I will go to work on Sunday, February 4 and Sunday, February 18. All units are encouraged to combine the implementation of paid annual leave and other systems, and arrange for employees to rest on Chinese New Year's Eve (February 9). |
| _ | Qingming Festival: April 4th to 6th, a total of 3 days. I will go to work on Sunday, April 7. |
| _ | Labor Day: May 1 to 5 holidays, a total of 5 days. I will go to work on April 28 (Sunday) and May 11 (Saturday). |
| _ | Dragon Boat Festival: Closed on June 10, and closed on weekends. |
| _ | Mid-Autumn Festival: September 15th to 17th, a total of 3 days. September 14 (Saturday) to work. |
| _ | National Day: October 1st to 7th, a total of 7 days. September 29 (Sunday) and October 12 (Saturday) will be at work. |
Enterprises should pay attention to matters directly related to the employment management of enterprises, such as overtime wages. In addition, enterprises should standardize the overtime system, including the overtime approval system, overtime wage calculation base, etc., and put it in place, and the enterprise can work with your legal counsel to regularly sort out and improve the overtime management system and related forms and documents.
【Policy Links】
https://www.gov.cn/zhengce/content/202310/content_6911527.htm
3. The national 12315 consumer complaint information publicity platform was launched
On September 26, 2023, the State Administration for Market Regulation formulated and promulgated the Interim Rules for the Disclosure of Complaint Information for Market Supervision and Administration (hereinafter referred to as the "Interim Rules for Publicity"), and launched the national 12315 consumer complaint information publicity platform in October 2023, with the website of the publicity platform being tsgs.12315.cn and the name of the Mini Program and Official Account being "12315 Complaint Publicity".
The Interim Rules on Publicity make it clear that complaint information (including the content stated in consumer complaints and the results of administrative mediation based on the voluntary efforts of both parties, and does not belong to negative credit information such as administrative punishment information, information on the list of abnormal business operations, and information on the List of the Untrustworthy with serious violations) shall be publicized as the norm and non-disclosure shall be the exception.
At the same time, a procedure for objection review is set up, and if a business operator believes that the content of the disclosure of a complaint involving itself is incorrect or should not be publicized but is publicized, it may apply in writing to the market regulation department that made the disclosure decision for a review.
In addition, the publicity platform also creates a "corporate service" function to provide enterprises with previous complaints, and enterprises can log in to the platform through the electronic business license to check it.
【Legal Counsel's Guidelines】
The promulgation of the Interim Rules for Publicity and the launch of the 12315 Consumer Complaint Information Publicity Platform have strengthened the requirements for enterprises to operate in good faith, especially for enterprises that directly face consumers, such as hotels, restaurants, retail, etc. Attention should be paid to optimizing business behaviors and reducing compliance costs. Enterprises can discuss solutions to enhance compliance management capabilities with legal counsel based on their own business behaviors.
【Policy Links】
https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/zfjcs/art/2023/art_a56f2982d6df4d759b1b548d07e3a839.html
https://www.gov.cn/lianbo/bumen/202310/content_6910941.htm
4. The State Council issued the "Special Action Plan for the Transformation and Application of Patents"
The Special Action Plan for Patent Transformation and Application (2023-2025) (hereinafter referred to as the "Plan") issued by the General Office of the State Council came into effect on October 17, 2023.
The Plan focuses on giving full play to the intellectual property system, optimizing market services, effectively transforming the advantages of the patent system into a powerful driving force for innovation and development, and promoting the growth of small and medium-sized enterprises through patent industrialization. Including the launch of the "January One Chain" investment and financing roadshow for specialized, special and new small and medium-sized enterprises to help enterprises connect with more high-quality investment institutions; promote the strengthening of the intellectual property chain and efficiency of key industries; With enterprises in key industries as the main body, we will cooperate with various major innovation platforms to cultivate and discover a number of high-value patent portfolios that make up for the shortcomings of common technologies and have industry-leading advantages; cultivating and promoting patent-intensive products; Accelerate the improvement of the national patent-intensive product filing and identification platform, focusing on high-tech enterprises, specialized and special new enterprises, science and technology enterprises, etc., and comprehensively carry out the filing of patented products; Wait.
【Legal Counsel's Guidelines】
The state attaches more and more importance to the development of patents, focusing on promoting the growth of small and medium-sized enterprises through patent industrialization, enterprises and business elites can pay attention to the national policy on patents and innovation and development, and can also entrust professionals and legal counsel to understand the policy orientation, so as to promote enterprises to vigorously promote the industrialization of patents and accelerate the transformation of innovation achievements into real productivity.
【Policy Links】
https://www.gov.cn/zhengce/content/202310/content_6910281.htm
5. The Supreme People's Court issued 27 measures,
Optimize the legal environment and promote the development of the private economy
On October 10, 2023, the Supreme People's Court issued the Guiding Opinions on Optimizing the Legal Environment for the Private Economy and Promoting the Development and Growth of the Private Economy (hereinafter referred to as the "Guiding Opinions"), which mainly deserves the attention of enterprises:
1. Protect the property rights of enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law. Strengthen the protection of property rights and interests of enterprises, the lawful property rights of entrepreneurs, the property rights and interests of private economic entities, such as property rights, creditor's rights, equity rights, and intellectual property rights, as well as the rights to corporate reputation, entrepreneurs' personal freedom, personal dignity, personal information, privacy rights, and other personal rights and interests. Formulate judicial interpretations to increase the degree of punishment for corrupt acts such as misappropriation of funds, bribery and bribery by the staff of private enterprises.
2. Maintain a unified, fair and honest market competition environment. In accordance with the principle of "entry without prohibition", the validity of contracts shall be determined in accordance with the law, regional barriers and local protections shall be removed, and the abuse of administrative power to eliminate or restrict competition shall be curbed. Protect enterprise innovation and creation, and strengthen judicial protection of scientific research personnel and scientific and technological innovation achievements of private enterprises.
3. Carry forward a culture of rule of law in honest and trustworthy operations. Where government organs, state-owned enterprises, or public institutions refuse to perform effective contractual obligations due to changes in their responsible persons or undertakers, they shall be ordered to bear corresponding liability for breach of contract in accordance with law, and the creditworthiness environment for the enterprise's business development is to be heard in accordance with law.
4. Promote the green and low-carbon development of enterprises. Protect the lawful rights and interests of market entities such as contract energy management and energy-saving service enterprises, greenhouse gas emission reporting technical service institutions, etc., in accordance with the law。
5. Protect the talent and employment needs of enterprises in accordance with the law. Maintain the normal scientific research and production order of the enterprise, and confirm the legal effect of the equity incentive and annual salary system stipulated in the labor contract in order to attract talents.
【Legal Counsel's Guidelines】
Enterprises should always pay attention to the trend of judicial policies, actively safeguard their legitimate rights and interests, and also help enterprises to operate in accordance with laws and regulations, especially the recent frequent corruption behaviors such as misappropriation of funds, bribery and bribery by staff of private enterprises. Of course, once the above situation is discovered, you can contact legal counsel to solve the problem and reduce the company's losses together.
【Policy Links】
https://www.chinacourt.org/article/detail/2023/10/id/7569253.shtml
Sixth, it is related to the governance of residential communities, and Zhuhai has issued new regulations
The Several Provisions on Strengthening the Governance of Residential Quarters in the Zhuhai Special Economic Zone (hereinafter referred to as the "Provisions") will come into force on 1 November 2023. The following are worth paying attention to:
1. Strengthen the supervision of the property industry, and the construction unit shall include the credit evaluation of the property service provider in the bid evaluation criteria in the early property bidding documents; In accordance with the provisions of the property management service contract, the income generated by the operation of the common part of the property management service room such as the business room shall belong to the common ownership of the owner after deducting reasonable costs.
2. Clarify the planning of parking spaces in the community, the construction unit shall not sell the parking spaces and garages to units and individuals other than the owners, and if there is still space after the parking spaces and garages are given priority to meet the needs of the owners, they can be rented to units and individuals other than the owners, and the term of the lease contract shall not exceed six months.
3. Strengthen the rectification of illegal construction, and make it clear that relevant units and individuals in residential communities shall not carry out acts that endanger housing safety, including illegal construction of buildings, damage to load-bearing structures, and illegal changes to the original design of houses. In addition, if the property service provider discovers that there are potential safety hazards in the building (structure), it shall promptly notify the owner, and shall promptly dissuade the behavior that undermines the safety and cleanliness of the building (structure), and if the dissuasion is ineffective, it shall immediately report to the relevant department.
【Legal Counsel's Guidelines】
The "Provisions" strengthen the rights and responsibilities of property service providers, and require property service providers to strengthen matters related to community governance. Property service enterprises and construction units should pay attention to the "Regulations" and strengthen the performance of responsibilities.
【Policy Links】
http://zjj.zhuhai.gov.cn/zjj/hygl/wygl/content/post_3585390.html
7. A number of laws and administrative regulations are open for public comment
(1) The State Administration for Market Regulation intends to revise the Product Quality Law and improve the product quality management system
The State Administration for Market Regulation organized the revision of the "Product Quality Law of the People's Republic of China" to form the "Product Quality Law of the People's Republic of China (Draft for Public Solicitation of Comments)", which is now open to the public for comments, and the deadline for feedback is November 18, 2023. The Consultation Paper adds new basic principles for product quality work, further clarifies the product quality obligations of operators, further strengthens government product quality supervision, refines legal responsibilities, and increases penalties.
(2) Supporting the implementation of the "Measures for the Administration of Invoices", and the State Administration of Taxation has revised the implementation rules
The State Administration of Taxation has decided to revise the Detailed Rules for the Implementation of the Measures of the People's Republic of China for the Administration of Invoices. It is now open to the public for comments, and the public can submit comments before November 14, 2023.
This revision refines and clarifies the specific content of invoices. The collection, issuance and flushing of invoices are regulated according to paper invoices and electronic invoices respectively, and it is clarified that the tax authorities have the right to determine and limit the amount of invoices issued by taxpayers, and the scope of tax-related professional services has been expanded.
【Legal Counsel's Guidelines】
Enterprises and business elites are always concerned about the country's revisions to important legal systems, and can also discuss the impact of the new regulations on enterprises with legal counsel.
【Policy Links】
https://www.samr.gov.cn/hd/zjdc/art/2023/art_60a10db954cf45db88275cd3eebd62d3.html
https://www.chinatax.gov.cn/chinatax/n810356/n810961/yjzj_zjjg_list_2.html