laitimes

These new rules came into effect in May

author:Yangtze River Network

Since May, a number of new regulations have been implemented, covering state secrecy, commutation and parole, organ donation, water conservation, and new policies for entry and exit.

For example, the revision of the Law on Guarding State Secrets has improved the system for reviewing state secrets, clarifying the legal liability for serious consequences caused by failure to perform the responsibility of declassification review. The judicial interpretation on commutation and parole issued by the Supreme People's Court further clarifies that convicts who have the ability to perform civil compensation must complete the performance before they can be commuted or released on parole.

It is worth noting that the regulations on human organ donation and transplantation have been officially implemented, further improving the organ procurement and distribution system, and implementing whole-process management. Measures for the management of the names of social organizations have also been implemented, which make it clear that social organizations are generally not allowed to be named after the names of party and state leaders, revolutionaries of the older generation, and political activists.

Revision of the Law on Guarding State Secrets: Improve the review system and clarify legal responsibilities

The newly revised Law of the People's Republic of China on Guarding State Secrets came into force on May 1. The current revision has absorbed some mature practices in the practice of classifying and declassifying secrets, including improving the system of persons responsible for classifying secrets and the authorization mechanism for classifying secrets, and making principle provisions for the marking of secrets, so as to further promote the precision and scientificization of classifying secrets; improving the system for reviewing state secrets, revising the periodic review to annual review, clarifying the legal responsibility for serious consequences caused by failure to perform the responsibility of declassification and review, further consolidating the main responsibility of the organs and units for classifying secrets, and facilitating the rational use of information resources.

Organ donation and transplantation system: Regularly publish the donation and distribution

The Regulations on Human Organ Donation and Transplantation came into force on May 1. Among them, the system of organ procurement and distribution has been improved, the whole process management has been implemented, and the conditions that medical institutions should meet to engage in the procurement of organs from the deceased and the requirements that should be followed in carrying out the procurement of organs from the deceased have been specified; the requirements for ethical review before the acquisition of organs have been refined, and the witness procedures for the acquisition of organs from the deceased have been stipulated; and the distribution of organs from the deceased shall meet medical needs and be fair, just, and The principle of openness is to make unified distribution through the distribution system established by the health department of the State Council, requiring regular publication of the donation and distribution of deceased organs, and accepting social supervision; In addition, the relevant provisions on legal liability have been improved, penalties have been increased, and illegal acts in the field of organ donation and transplantation have been severely cracked down.

Judicial interpretation of the Supreme People's Court: If a convict has the ability to compensate, he shall be commuted and parole only after he has fulfilled his performance

From May 1, 2024, the Provisions on the Review of the Enforcement of Property Judgments in Commutation and Parole Cases issued by the Supreme People's Court will come into effect, which will further correctly handle the relationship between commutation and parole and the enforcement of property judgments.

The "Provisions" make it clear that the implementation of property judgments is one of the important factors in judging whether a convict has truly shown repentance and reformation when handling commutation and parole cases. Convicts who have the ability to perform are required to have their sentences commuted or released on parole only after they have completed their performance; The "Provisions" also make it clear that after a convict has been sentenced to commutation or parole, if it is discovered that he has made false declarations or deliberately concealed assets, and the circumstances are serious, the commutation or parole shall be revoked, and the relevant supporting systems have been improved.

The first water-saving regulation: the total amount of annual water consumption shall be controlled according to the administrative region

The Water Conservation Ordinance came into force on 1 May. Among them, water use management should be strengthened, and water use quotas should be implemented for major crops and key industries, products, and services; the total amount of annual water use should be controlled according to administrative regions; planned water use management should be implemented for units whose water use has reached a certain scale; and the construction of high-water-consuming industrial projects should be strictly controlled in areas with serious water shortages and areas where groundwater is over-exploited. In addition, we will improve water-saving measures, promote water conservation and loss reduction in cities and towns, comprehensively promote the construction of water-saving cities, and promote the use of unconventional water.

Measures for the Management of the Names of Social Organizations: They must not be named after the names of Party and state leaders

The "Measures for the Management of the Names of Social Organizations" came into force on May 1. The Measures make uniform provisions on the management of the names of social organizations, which clearly state that the fields of business (undertakings) in the names of social organizations shall be indicated in accordance with the national economic industry classification standards, discipline classification standards, and the main business of social organizations. The composition of members in the name of a Social Group shall be indicated on the basis of the National Occupational Classification Standards, the common characteristics of members, and so forth. Where there are no relevant provisions, social organizations may refer to relevant national policies to make expressions. Misleading words such as "first", "supreme", and "national level" must not be used in the field of industry (business), except where they have other meanings. Article 15 of the Measures also makes it clear that social organizations are generally not allowed to name after the names of party and state leaders, revolutionaries of the older generation, and political activists.

New Exit and Entry Administration Deal: Pilot "Full Online Processing" for Replacement and Reissuance of Certificates

The National Immigration Administration has decided to formally implement a number of policies and measures for the entry and exit management of convenience and enterprises from May 6. The first is to implement the "full online application" for the renewal and reissuance of entry documents in 20 cities including Beijing on a pilot basis; the second is to implement the "smart expeditious" and "nationwide application" for business endorsements to Hong Kong and Macao; the third is to expand the policy of endorsement for talents to Hong Kong and Macao from the mainland cities of the Guangdong-Hong Kong-Macao Greater Bay Area to Beijing and Shanghai; fourth, the period of stay in Hong Kong and Macao for holders of business endorsements to Hong Kong and Macao has been extended from 7 days to 14 days; fifth, the issuance of "other" endorsements for multiple trips to Macao for one year; and sixth, the "Hengqin and Macao tour groups" can travel to and from Hengqin and Macao multiple times.

New regulations for non-bank payment institutions: the minimum paid-in registered capital is 100 million yuan

The Regulations on the Supervision and Administration of Non-bank Payment Institutions came into force on May 1. Among them, the "Regulations" will change the current business license into an institutional license, and implement access management in accordance with the principle of "license before license". Clarify the requirements for the registered capital, major shareholders, actual controllers, directors, supervisors, senior managers, business premises, security measures, corporate governance structure and other aspects of the payment institution at the time of establishment, appropriately raise the entry threshold for registered capital, and clarify that the minimum amount is 100 million yuan, and it should be paid-in monetary capital.

Free Trade Agreement: Tariff concessions for Ecuador

The Free Trade Agreement between the Government of the People's Republic of China and the Government of the Republic of Ecuador entered into force on 1 May. In order to fulfill the commitments related to tariff concessions under the Agreement, the Customs Tariff Commission of the State Council issued an announcement that from May 1, 2024, the agreed tariff rates will be implemented under the Agreement for some imported goods originating in Ecuador.

Optimize the management of cosmetics safety assessment: formulate relevant technical guidelines

The "Several Measures to Optimize the Safety Assessment and Management of Cosmetics" came into force on May 1. Among them, the Measures clearly state that relevant technical guidelines such as physical and chemical stability tests, preservative challenge tests, and packaging material compatibility tests and evaluations will be formulated and issued to provide reference for cosmetics companies to carry out relevant tests or assessments. Cosmetics companies may conduct relevant research on product stability, anti-corrosion systems, packaging material compatibility, etc., in accordance with national standards, technical specifications, industry standards, international standards, technical guidelines, or self-built methods, and submit relevant tests or assessment conclusions in the safety assessment report.

Maintain fair competition in the field of bidding and bidding: Establish a mechanism for collecting clues on market barriers

The Rules for the Review of Fair Competition in the Field of Bidding and Bidding came into force on May 1. The Rules stipulate specific requirements for review in view of various types of unreasonable restrictions that are common in bidding and bidding practice, focusing on breaking down transaction barriers in terms of prequalification, bid evaluation methods, bid evaluation standards, bid award standards, credit evaluation, and deposit collection.

The Rules clarify the main responsibilities of policy-making organs to carry out fair competition reviews, and stipulate the working mechanisms, work processes, review conclusions, etc., emphasizing that policy measures should complete fair competition reviews before they are submitted for review or approval. The "Rules" also require relevant departments to regularly carry out policy measures to evaluate and clean up, establish a mechanism for collecting clues on market barriers in bidding and bidding, dynamically clean up and abolish all kinds of policies and measures that violate fair competition, and effectively promote the implementation of the fair competition review system.

Sustainability Reporting Guidelines for Listed Companies: Encourage voluntary disclosure of information

The "Guidelines for Sustainability Reporting of Listed Companies" issued by the three stock exchanges in Shanghai, Shenzhen and North respectively came into effect on May 1. According to the SSE, the SSE 180 and STAR 50 index sample companies, as well as companies listed at home and abroad, should disclose their 2025 sustainability reports for the first time by 2026 at the latest, and encourage other listed companies to do so voluntarily.

The Shenzhen Stock Exchange has also clearly set up a transitional period arrangement, under which companies that continue to be included in the SZSE 100 and ChiNext index samples during the reporting period, as well as companies listed both domestically and overseas, can disclose the 2025 Sustainability Report for the first time by 30 April 2026 at the latest, and encourage other listed companies to disclose voluntarily. The Beijing Stock Exchange said that the rules do not require mandatory disclosure of sustainability reports, and encourage companies to "do what they can" and gradually promote listed companies to strengthen disclosure.

New Notice on the Interbank Bond Market: Foreign investors can invest through the over-the-counter channel

The Notice on Matters Concerning the Counter Business of the Interbank Bond Market came into effect on May 1. The "Notice" further clarifies three aspects: First, it clarifies the varieties and trading methods of counter business. All kinds of bonds that have been traded and circulated in the inter-bank bond market can be invested and traded over the counter on the premise of complying with the investor suitability requirements. The second is to optimize the management rules for investors to open accounts. Investors who have opened an account in the interbank bond market can open a bond account with an over-the-counter business institution. Third, foreign investors can invest through over-the-counter channels. Foreign investors who have been granted access to the inter-bank bond market may open bond accounts through over-the-counter business start-ups and domestic custodian banks.

(Source: The Paper)