Now that the draft Supervision Law has finally become public, many are probably wondering what the next steps for the Law would be. When will the NPC Standing Committee (NPCSC) consider the draft Law again, if at all? Will the NPCSC release a revised version of the draft for public comments? And, given the argument that the Law shouldn’t be enacted until after the Constitution is amended to grant supervision commissions constitutional status, is it procedurally possible for the NPC to consider (and pass) a constitutional amendment at next year’s session? To predict such developments, we surveyed the legislative history of the laws passed by the NPC since 2000 (when the Legislation Law was enacted) and of all constitutional amendments to the 1982 P.R.C. Constitution.
UPDATE (Nov. 20, 2017): An English translation of the draft amendment to the Rural Land Contracting Law is now available. See link below.
In addition to the draft Supervision Law, the NPC Standing Committee (NPCSC) is now also soliciting public opinions on the following three draft laws. The comments period for each is noted below.
- E-Commerce Law (Draft for 2nd Deliberation) 电子商务法草案二次审议稿: Nov. 7, 2017 – Nov. 26, 2017
- Rural Land Contracting Law (Draft Amendment) 农村土地承包法修正案草案: Nov. 7, 2017 – Dec. 6, 2017. An English translation of the draft amendment is available here. The NPCSC has released an “authoritative explanation” (权威解读) of the draft amendment here.
- Vessel Tonnage Tax Law (Draft) 船舶吨位税法草案: Nov. 7, 2017 – Dec. 6, 2017
All linked filed are PDF documents in Chinese.
Given the short comments period for the draft E-Commerce Law, we expect the NPCSC to deliberate and pass it at its upcoming December session.
To submit comments online, please refer to these instructions. The “Occupations” dropdown list for the draft amendment to the Rural Land Contract Law includes these items, from top to bottom: (1) agriculture, forestry, animal husbandry, or fishery workers (农、林、牧、渔从业人员); (2) employees of scientific research institutions (科研机构工作人员); (3) employees of state organs (国家机关工作人员); and (4) other (其他).
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 write “[BILL NAME IN CHINESE]征求意见” on the envelope.
UPDATE (Nov. 22, 2017): This post has been updated with the explanations of two decisions passed by the 30th Session of the 12th NPCSC. See details below.
The 12th NPC Standing Committee (NPCSC) concluded its 30th Session last Saturday with the passage of various laws and decisions. This post is a quick rundown of the actions taken by the the NPCSC at the close of the session. Unfortunately, due to other things requiring much of our attention, this time we aren’t able to include the usual level of details as we did before. Apologies. Also, please let us know if any of the links below directs to the wrong webpage—we wrote this blog post in a hurry.
UPDATE (Feb. 23, 2018): The second draft of the Supervision Law is translated here.
UPDATE (Nov. 7, 2017): The comments period has been updated.
The NPC Standing Committee (NPCSC) just released the draft Supervision Law (监察法, formerly titled 国家监察法, or State Supervision Law) for public comments. The draft was the version that was first considered by the NPCSC back in June. The comments period runs from November 7, 2017 to December 6, 2017.
The draft is available for download as a PDF document, which we made by copying and pasting the original texts from the NPC website. The full text of the Draft is also reproduced below. The NPC website did not also include an explanation of the draft. An English translation of the draft can be found here.
The NPCSC decided last Saturday to extend “pilot” reforms of the state supervision (or anti-corruption) system nationwide. The decision is nearly identical in substance to the NPCSC’s December 2016 decision to first implement supervision system reforms in Beijing, Shanxi, and Zhejiang. The decision on Saturday again prescribes the composition, duties, and powers of the supervision commissions, and lists the legal provisions that will no longer be enforced across China, effectively repealing them. The contents of the Saturday decision are described below, with additional details.