The 13th NPC Standing Committee (NPCSC) concluded its 28th session on Thursday, April 29. It approved the Rural Revitalization Promotion Law [ä¹”ęęÆå “äæčæę³] and the AntiāFood Waste Law [åé£åęµŖč“¹ę³], revised the Maritime Traffic Safety Law [ęµ·äøäŗ¤éå®å Øę³] and a quasi-legislative decision on budget oversight, amended another ten laws, and authorized a set of regulatory pilot programs in Chinaās free trade zones. Below we take a closer look at some of these bills.
Rural Revitalization Promotion Law
This Law was enacted to offer statutory support for the Communist Partyās ārural revitalization strategyā [ä¹”ęęÆå “ęē„], as embodied in the Strategic Plan for Rural Revitalization (2018ā2022) and other policy documents. The Law has 74 articles in ten chapters and addresses a wide range of issues, including rural industrial development, talent support, cultural promotion, ecological conservation, as well as urban-rural integration. The Law includes few mandatory provisions backed by enforceable mechanisms, however, as evidenced by the lack of a chapter on legal responsibilities. Some scholars have questioned the need for such a āpolicy lawā at all.
The Law does address some of the concerns arising from aggressive rural revitalization efforts. For example, it expressly forbids local governments from merging villages or forcing rural residents to relocate against their will or in violation of legally prescribed process (art. 51). It also bans local governments from requiring rural residents to given up their rights in rural land before allowing them to move to and settle in cities (art. 55, para. 2).
The Law will take effect on June 1, 2021.
AntiāFood Waste Law
The AntiāFood Waste Law is enacted in direct response to a Xi Jinping directive from August 2020, in which he called the issue of food waste āshocking and distressingā and stressed the need for legislation and long-term mechanisms to stop food waste. With only 32 articles, the Law is touted as an exemplary piece of legislation that makes āa small incisionā [å°åå£]āthat is, responds to a narrow but pressing issue.
The Law defines āfood wasteā [é£åęµŖč“¹] as the failure to āmake reasonable use of food that is safe to consume in accordance with its functions and purposesā (art. 2). It requires a variety of public and private entities to adopt policies to reduce food waste. Food service providers, in particular, must improve their food procurement, storage, and processing systems to minimize food waste (art. 7). They must also actively remind their customers to avoid wasting food and to order only as necessary as well as offer smaller portions of dishes and meals (id.). Finally, they may reward customers who participate in the āclean plateā campaign, and may also charge those who ācause obvious wasteā a waste-processing fee (if they provide clear, public notice of the fee) (id.). Restaurants and bars that āinduce or misleadā customers into over-ordering, thereby resulting in āobvious food waste,ā will be given a warning and may be fined up to RMB 10,000 (art. 28, para. 2).
Finally, the Law bans āmukbangs,ā or binge-eating shows in which the host consumes an excessive amount of food. It forbids radio and television programs as well as online platforms to āproduce, publish, or disseminate programs or audiovisual information that promotesā binge-eating (art. 22). Content providers that violate this prohibition will be given a warning and may be fined up to RMB 100,000 or ordered to suspend their businesses (art. 30).
The Law took effect on April 29.
Education Law Amendment
The amendment to the Education Law [ęč²ę³] is a limited one and makes two main changes. First, it codifies the Communist Partyās latest policies on education, as reflected in Xiās speech at the 2018 National Education Conference. For instance, the amendment writes into law the ādecisive significanceā of education in āelevating the peopleās overall quality, promoting the peopleās all-around development, enhancing the Chinese nationās innovative and creative energy, and realizing the great rejuvenation of the Chinese nationā (art. 4, para. 1 as amended). The amendment also requires education to āinherit and carry forward the fine traditional Chinese culture, revolutionary culture, and advanced socialist cultureā (art. 7).
Second, the amendment joins the recent Criminal Law Amendment (XI) [åę³äæ®ę£ę”ļ¼åäøļ¼] in penalizing identity thefts in school admissions. It is now a crime to deprive another of the opportunity to enroll in an institution of higher learning by āstealing or fraudulently usingā the latterās identity (Criminal Law art. 280-2). The Education Law amendment further subjects such conduct in all school admissions to administrative penalties: cancellation of enrollment, prohibition on sitting for the relevant admissions exams for 2ā5 years, and revocation of any degree or diploma that has been conferred, among others (art. 77, para. 2). The amendment also imposes administrative penalties on those who allow others to fraudulently use their own identities and those who āorganize or instructā others to commit identity thefts in school admissions (id. paras. 3ā4). Finally, the amendment allows those whose identities have been stolen to request restoration of their admission qualifications (id. para. 5).
Regulatory Streamlining & Pilots
The NPCSC approved two bills on regulatory reforms on Thursday.
The first is a set of minor amendments to eight statutes, including the Road Traffic Safety Law [éč·Æäŗ¤éå®å Øę³].1 These amendments seek to streamline the regulatory process by, for instance, eliminating some regulatory approvals or changing such requirements to filing obligations. Ā Under the amended Road Traffic Safety Law, for example, driving schools or classes need only be registered withāand no longer be certified byāthe transportation authorities. Of note, the NPCSC rejected one of the proposed amendments. The State Council recommended repeal of the Advertising Law requirement that advertisements for pesticides and veterinary drugs be pre-approved by market regulatory authorities. This requirement was left intact, however, after some legislators argued that those chemicals ābear on the peopleās health and safety,ā so the requirement should be retained to ābetter safeguard food and drug safety.ā This set of amendments has already taken effect.
The NPCSC also authorized a new set of regulatory pilots in Chinaās free trade zones (FTZs) for three years, starting July 1, 2021. Like the FTZ pilots authorized by the NPCSC in October 2019, these new programs would suspend certain regulatory requirements in seven statutes2 to ease the compliance burden on businesses. For instance, they would no longer need to obtain a license to engage in auction business(see Auction Law arts. 11ā12), but only need to make a filing with the relevant authorities. The State Council is required to submit a mid-term report on these pilots and submit bills to codify them (if proven sound) before they expire.
Very Briefly
The NPCSC also approved three others bills on Thursday:
- Revision to the Maritime Traffic Safety Law: This revision is the first overhaul of the Law since its enactment in 1983 and has more than doubled its length. It now contains 122 articles in ten chapters, addressing issues including the management of vessels and crews, maritime traffic standards and safety, maritime search and rescue, and investigation of maritime traffic accidents. We are unable to provide an in-depth analysis due to our lack of expertise in this field. If you are qualified and willing to offer a summary or an analysis, please contact us. The revised Law will take effect on September 1, 2021.
- Amendment to the Measures for Electing Delegates from the Chinese Peopleās Liberation Army to the NPC and Local Peopleās Congresses at or Above the County LevelĀ [äøå½äŗŗę°č§£ę¾åéäø¾å Øå½äŗŗę°ä»£č”Ø大ä¼ååæēŗ§ä»„äøå°ę¹åēŗ§äŗŗę°ä»£č”Ø大ä¼ä»£č”Øēåę³]: This national law governs the elections of peopleās congress delegates from the Peopleās Liberation Army (PLA). The amendment made on Thursday makes mostly technical changes consistent with the organizational reforms to the PLA in the past few years. It also makes clear that elections of delegates from the Peopleās Armed Police, now a part of the armed forces, will be governed by this law as well (art. 4). The amendment took effect on April 30.
- Revision to the Decision on Strengthening the Review and Oversight of the Central BudgetĀ [å ³äŗå å¼ŗäø央é¢ē®å®”ę„ēē£ēå³å®]: This Decision, first adopted in 1999, governs the NPCSCās oversight of the central budgetary process, including budget formulation, implementation, adjustment, audit, and other relevant processes. The revision emphasizes the principle of āfull-scope reviewā [å Øå£å¾å®”ę„] and āfull-process oversightā [å ØčæēØēē£] and lays down more detailed requirements the State Council must follow as well as clearer focus of the NPCSCās oversight in each of the steps. The revised Decision has already taken effect.
- The other statutes amended are the Fire Control Law [ę¶é²ę³], Import and Export Commodity Inspection Law [čæåŗå£ååę£éŖę³], Advertising Law [å¹æåę³], Grassland Law [čåę³], Civil Aviation Law [ę°ēØčŖē©ŗę³], Customs Law [ęµ·å ³ę³], and Food Safety Law [é£åå®å Øę³]. ā©ļø
- They are the Private Education Promotion Law [ę°åęč²äæčæę³], Accounting Law [ä¼č®”ę³], Certified Public Accountants Law [ę³Øåä¼č®”åøę³], Auction Law [ęåę³], Banking Supervision and Administration Law [é¶č”äøēē£ē®”ēę³], Commercial Banks Law [åäøé¶č”ę³], and Insurance Law [äæé©ę³]. ā©ļø
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