On the last day of 2018, we take a look at the National People’s Congress’s and this Observer’s work in the past year.Continue reading “Year in Review: The NPC and the Observer in 2018”
The following laws and decisions take effect on January 1, 2019:
- Law on the Prevention and Control of Soil Pollution [土壤污染防治法];
- E-Commerce Law [电子商务法];
- amendment to the Individual Income Tax Law [个人所得税法];
- amendment to the Rural Land Contracting Law [农村土地承包法];
- revised People’s Courts Organic Law [人民法院组织法];
- revised People’s Procuratorates Organic Law [人民检察院组织法];
- a decision (discussed here) that vests in the Supreme People’s Court second-instance appellate jurisdiction over all technical civil and administrative intellectual property cases (including patent cases);
- a decision (discussed here) that authorizes the State Council for the following four years to allow local governments to issue bonds within a certain percentage of their new debts limits each year before the NPC approves the State budget in March of that year.
The NPC Standing Committee (NPCSC) is soliciting public comments on the draft Foreign Investment Law [外商投资法] through February 24, 2019. We also expect it to seek public comments on the following draft bills in early January:
- draft revision to the Judges Law [法官法];
- draft revision to the Procurators Law [检察官法];
- draft Vaccine Administration Law [疫苗管理法];
- draft Resource Tax Law [资源税法];
- draft amendment to the Patent Law [专利法];
- draft amendments to the Land Management Law [土地管理法] and Urban Real Estate Administration Law [城市房地产管理法].
It may also release the Part on Contracts [合同编] and Part on Tort Liability [侵权责任编] of the draft Civil Code for public comments.
The NPCSC will meet for its next regularly scheduled session in late February 2019.
The 13th NPC Standing Committee (NPCSC) concluded its seventh session on Saturday with the adoption of a series of laws and decisions. Below we will take a brief look at each.Continue reading “NPCSC Takes No Further Action on Foreign Investment Law (for Now), Adopts Two Tax Laws & Codifies Civil Service Reform”
UPDATE 4 (Jan. 2, 2019): For our latest thoughts on the next steps for the Foreign Investment Law, please see this post.
UPDATE 3 (Dec. 27, 2018): We have translated the draft in full on China Law Translate.
UPDATE 2 (Dec. 27, 2018): We revised our prediction about the legislative timetable for the Foreign Investment Law in light of recent state media reports. [superseded by UPDATE 4]
UPDATE 1 (Dec. 27, 2018): We have updated this post with a summary of the latest draft Foreign Investment Law.
The NPC Standing Committee (NPCSC) unexpectedly released the draft Foreign Investment Law [外商投资法] on Wednesday for public comments for an unexpectedly long period—61 days—until February 24, 2019.
To submit comments online, please refer to these instructions. 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 “外商投资法草案征求意见” on the envelope.Continue reading “NPCSC Solicits Public Comments on Draft Foreign Investment Law (FURTHER UPDATED)”
Recording & Review is a series that discusses cases where the Legislative Affairs Commission of the NPC Standing Committee decides on citizen requests to review the legality and/or constitutionality of various types of normative documents, including local regulations and judicial interpretations. Past installments can be found here.
UPDATE (Dec. 30, 2019): On December 28, 2019, the NPCSC voted to abolish C&E. For more information, please see this post.
Five years after the NPC Standing Committee (NPCSC) abolished the reeducation-through-labor [劳动教养] system, another form of extrajudicial administrative detention is now on the chopping block. On Monday, the NPCSC Legislative Affairs Commission [法制工作委员会] recommended the abolition of the “custody and education” (C&E) [收容教育] system—a form of administrative punishment for prostitution. Finally.Continue reading “Recording & Review Pt. 4: The Last Days of “Custody & Education” (Updated)”
The 13th NPC Standing Committee (NPCSC) will convene for its last session in 2018 from December 23 to 29, the Council of Chairmen decided on Friday. This session is another of those end-of-year, week-long NPCSC sessions that we have come to love (and definitely not hate). We counted 14 legislative bills plus several more decisions and reports on the agenda. And there is absolutely no festivity-related reason why we would rather not work around that period. Because we expect six of those bills to pass on December 29, we will publish summaries of them after the session concludes rather than in this session preview. Here is our rundown on the agenda.