Update (Feb. 27, 2017): The Draft Revision has now been translated by China Law Translate!
Update (Feb. 26, 2017): The deadline has been extended to March 25, 2017.
Here is a Word version of the draft revision.
The NPCSC is soliciting public comments on a draft revision to the Anti-Unfair Competition Law (反不正当竞争法修订草案) until March 24, 2017.
The NPCSC also posted an accompanying explanation of the draft revision prepared by the State Council. See this post for a discussion of several major changes made by the draft revision.
All linked documents are in PDF format and Chinese only.
There is a possibility that the comment period—currently 28 days—would be extended to 30 days, the minimum required by the Legislation Law in normal circumstances.
Click here to submit comments online. Comments can also be mailed to the NPCSC Legislative Affairs Commission (全国人大常委会法制工作委员会) at the following address:
Chinese: 北京市西城区前门西大街1号 邮编：100805
English: No. 1 West Qianmen Avenue, Xicheng District, Beijing 100805
Please clearly label the envelope as “反不正当竞争法修订草案征求意见.”
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Update (Feb. 24, 2017): By a vote of 156-0, with one abstention, the NPCSC approved the revised Red Cross Society Law, which will take effect on May 8, 2017, the World Red Cross and Red Crescent Day.
By a vote of 156–1, the NPCSC also passed an amendment to the Enterprise Income Tax Law (Amendment), effective today. The change made by the Amendment is discussed below. Zhang Tianli, an official with the Ministry of Finance, stated at a press conference today that the Amendment would retroactively apply to charitable donations made before today but after September 1, 2016, when the Charity Law came into force. Zhang also said that the State Council would soon amend relevant regulations to implement the Amendment.
The NPCSC today also approved three cabinet appointments. He Lifeng was promoted from Deputy Director to Director of the National Development and Reform Commission. Zhong Nan was appointed Minister of Commerce; he was a vice commerce minister and the Ministry’s International Trade Representative. Bloomberg profiles the two in this article. Lastly, Zhang Jun was appointed Minister of Justice. Before heading the Justice Ministry—which, among other duties, oversees China’s lawyers, prisons, and legal aid—Zhang was a Deputy Secretary of the Communist Party’s Central Commission for Disciplinary Inspection. He also twice served as a Vice President of the Supreme People’s Court. He has a Doctorate in Criminal Law.
We expect the NPCSC to solicit public comments on the draft revision to the Anti-Unfair Competition Law next week. The NPC’s annual plenary session will open on March 5, and we’ll soon post a preview of our coverage of the session.
Yesterday the 12th NPC Standing Committee (NPCSC) opened its 26th session, where the following three bills were submitted for deliberation. The following is a summary of the content of these legislations based on multiple media reports.
Continue reading “26th Session Watch Pt. 2: A Closer Look at the Three Bills Under Review (UPDATED)”
The 12th NPC Standing Committee (NPCSC) will convene its 26th Session from February 22 to 24, the Council of Chairmen decided today. The following is our customary report on the proposed agenda of the upcoming Session.
Continue reading “26th Session Watch Pt. 1: NPCSC to Review Draft Revisions to Enterprise Income Tax Law and Anti-Unfair Competition Law”
Apologies to our readers for the delay in publishing Part 2.
Roughly two years ago, the National People’s Congress (NPC) approved an amendment to the Legislation Law (Amendment), granting the right to enact local regulations to 273 prefecture-level cities and autonomous prefectures (collectively, cities) across China. This post continues Part 1 with analysis of the local regulations enacted by (some of) the 273 cities since the passage of the Amendment. Like Part 1, this post is based on information (current through December 2016) provided by the NPCSC Legislative Affairs Commission (NPCSC LAC).
Continue reading “Following up on the Grant of Legislative Powers to China’s Cities: Pt. 2”
On March 15, 2015, the National People’s Congress passed an amendment to the Legislation Law (Amendment), which, among other things, granted legislative powers1 to hundreds of cities2 across China. In the almost two years since, the relevant standing committees of provincial-level people’s congresses (provincial PCSCs) have been busy deciding on when the eligible cities within their jurisdictions may start exercising legislative powers—a procedure mandated by the Amendment. As for those cities, many have taken the first step to experiment their the new powers by enacting local legislations.
Last week, the Constitutionalism of China (中国宪政网) published on its WeChat account two tables provided by the NPCSC Legislative Affairs Commission on the actions taken by the provincial PCSCs and the eligible cities since the Amendment’s passage.
Here, in Part 1 of a two-part series, we’ll present our analysis of the first table, along with additional research done based on those data. The second table will be the topic for Part 2.
We’ll begin this post with some background information and a brief introduction to the relevant part of the Amendment.
Continue reading “Following up on the Grant of Legislative Power to China’s Cities – Pt. 1”
On this last day of the eventful 2016—which brought us a Trump Presidency, Brexit, not the most celebrity deaths in a year (per CNN), and of concern to this Blog, a series of significant yet oftentimes controversial actions by the NPCSC—I took some time to review the NPC and this Blog’s 2016 and to preview their 2017 as well.
Continue reading “Farewell, 2016… Hello, 2017!”
Dec. 27, 2016 Update: The deadline has been extended.
The NPCSC has released the following draft laws for public comments until January 26, 2017.
- General Provisions of the Civil Code (Third Deliberation Draft) (民法总则草案三次审议稿)
- Amendment to the Water Pollution Prevention and Control Law (Draft) (水污染防治法修正案草案)
- E-Commerce Law (Draft) (电子商务法草案)
All links are to PDF files, and all files are in Chinese only. Links to other formats will be added if and when they become available.
Please refer to this post for ways to comment on these legislations. Click here to submit comments online.
The NPCSC also reviewed a draft National Intelligence Law at its last session, but we are not optimistic about the prospect of its being released for public comments.
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