Category: Public Consultations

NPCSC Seeks Public Comments on Draft Patent Law Amendment, Two Civil Code Parts, Vaccine Administration Law & Four Other Bills

The NPC Standing Committee is soliciting public comments on the following eight bills through February 3, 2019:

All linked files are PDF documents in Chinese. English translations will be linked to if and when available. The accompanying explanations of these drafts can be read here (PDF).

Continue reading “NPCSC Seeks Public Comments on Draft Patent Law Amendment, Two Civil Code Parts, Vaccine Administration Law & Four Other Bills” →

NPCSC Solicits Public Comments on Draft Foreign Investment Law (FURTHER UPDATED)

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 [superseded by UPDATE 4]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.

The original Chinese PDF of the draft can be accessed here. Our English translation is available here. The accompanying explanation of the draft (in Chinese) can be read here.

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)” →

NPCSC Solicits Public Comments on Draft Revision to Civil Servants Law and Three Other Bills

The NPC Standing Committee is now soliciting public comments on the following draft laws until December 1, 2018:

All linked files are PDF documents in Chinese. English translations will be linked to if and when available. The accompanying explanations of these drafts can be read here (PDF).

Most notably, the draft revision to the Civil Servants Law seeks to strengthen the Communist Party’s control (or rather codify the Party’s already strengthened control) over China’s civil servants—a broad category that encompasses both those working in governmental bodies and also those working for political parties and other quasi-governmental entities (e.g., the CPPCC). Continue reading “NPCSC Solicits Public Comments on Draft Revision to Civil Servants Law and Three Other Bills” →

NPCSC Solicits Public Comments on Draft Civil Code, Amendment to Criminal Procedure Law & Three Other Bills (UPDATED)

UPDATE (Sept. 5, 2018): The comments deadline has been extended to October 4, 2018 for all draft laws except the draft Separate Parts of the Civil Code, which will be open for public comments until November 3, 2018.

The NPC Standing Committee is now soliciting public comments on the following draft laws until October 2, 2018 (the deadline is likely not finalized):

All linked files are PDF documents in Chinese. English translations will be linked to if and when available. The accompanying explanations of these drafts can be read here (PDF).

Continue reading “NPCSC Solicits Public Comments on Draft Civil Code, Amendment to Criminal Procedure Law & Three Other Bills (UPDATED)” →

NPCSC Solicits Public Comments on Four Draft Laws: June 28, 2018

UPDATE (Jun. 28, 2018): The deadline has been updated per newest information on the NPC’s website.

The NPC Standing Committee (NPCSC) is now soliciting public comments on the following four draft laws through July 28, 2018:

  1. draft amendment to Individual Income Tax Law 个人所得税法修正案草案 (Summary)
  2. second draft revision to People’s Courts Organic Law 人民法院组织法修订草案二次审议稿 (English)
  3. second draft revision to People’s Procuratorates Organic Law 人民检察院组织法修订草案二次审议稿 (English)
  4. third draft of E-Commerce Law 电子商务法草案三次审议稿 (English)

All linked files are PDF documents in Chinese. English translations are either completed or underway at the links provided above. The accompanying explanations of these drafts can be read here (PDF).

To submit comments online, please refer to these instructions. The “Occupations” dropdown lists for draft revisions to the People’s Courts Organic Law and the People’s Procuratorates Organic Law include these items, from top to bottom: court staff (法院工作人员), procuratorate staff (检察院工作人员), staff of other state institutions (其他国家机关工作人员), lawyers (律师), and other personnel (其他人员).

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.

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NPCSC Solicits Public Comments on Draft Amendment to Criminal Procedure Law (Trial in Absentia Procedures Translated) (UPDATED)

UPDATE (May 11, 2018): The link to an English translation of the draft amendment is added below.

The NPC Standing Committee (NPCSC) is soliciting public comments on a new draft amendment to the Criminal Procedure Law (刑事诉讼法) that it just considered at its session last month. The comments period ends on June 7, 2018. We expect the amendment to pass by late August at the latest.

The original Chinese (PDF) version is available here. An English translation is available on China Law Translate. Its accompanying explanation can be read here.

Continue reading “NPCSC Solicits Public Comments on Draft Amendment to Criminal Procedure Law (Trial in Absentia Procedures Translated) (UPDATED)” →

NPCSC Releases Seven Draft Laws for Public Comments: December 29, 2017 (UPDATED)

UPDATE (Jan. 19, 2018): This post has been updated with links to an English translation of the draft Heroes and Martyrs Protection Law.

UPDATE (Jan. 4, 2018): This post has been updated with links to English translations of the draft revisions to the Procurators Law and Judges Law, and to the draft People’s Assessors Law.

The NPC Standing Committee (NPCSC) on December 29 released the following draft laws for public comments until January 27, 2018:

  1. Procurators Law (Draft Revision) 检察官法修订草案 (ENGLISH)
  2. Judges Law (Draft Revision) 法官法修订草案 (ENGLISH)
  3. People’s Assessors Law (Draft) 人民陪审员法草案 (ENGLISH)
  4. International Criminal Justice Assistance Law (Draft) 国际刑事司法协助法草案
  5. Basic Healthcare and Health Promotion Law (Draft) 基本医疗卫生与健康促进法草案
  6. Heroes and Martyrs Protection Law (Draft) 英雄烈士保护法草案 (ENGLISH)
  7. Soil Pollution Prevention and Control Law (Draft for 2nd Deliberation) 土壤污染防治法草案二次审议稿

All linked files are PDF documents in Chinese. English translations will be posted here when they become available. The NPCSC has also released explanations of these draft laws, which can be viewed at this link.

To submit comments online, please refer to these instructions. The “Occupations” dropdown list for the draft revisions to the Judges Law and the Procurators Law includes a new top item: “Judges, procurators, lawyers, or other legal practitioners” (法官检察官律师等法律从业人员).

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.

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NPCSC Solicits Public Opinions on Draft E-Commerce Law, Amendment to Rural Land Contract Law & Vessel Tonnage Tax Law

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.

  1. 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
  2. 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.
  3. 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.

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Draft Supervision Law of the People’s Republic of China (中华人民共和国监察法) Released for Public Comments (UPDATED)

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.

Continue reading “Draft Supervision Law of the People’s Republic of China (中华人民共和国监察法) Released for Public Comments (UPDATED)” →

NPCSC Solicits Public Comments on Three Draft Laws (with Brief Content Summary): September 7, 2017 (UPDATED)

Update (September 13, 2017): China Law Translate has translated the draft revisions to the Law Against Unfair Competition (linked below).

After releasing the draft revisions to the People’s Court Organic Law and the People’s Procuratorates Organic Law for public comments on Monday, the NPCSC is now soliciting public opinions on three additional laws.

The comments period for the following two laws will end on September 24—i.e., it lasts only 20 days, which signals the NPCSC will almost certainly consider and pass the two bills at its next session in late October.

  1. Law Against Unfair Competition (Draft Revision) (English translation) 反不正当竞争法修订草案二次审议稿
  2. Standardization Law (Draft Revision) 标准化法修订草案二次审议稿

The comments period for the third draft law, Tobacco Leaf Tax Law (烟叶税法草案), will run till October 6. The tax rate is 20%.

Only PDF Chinese versions are available at this time. Officials explanations are included in the PDFs.

Continue reading “NPCSC Solicits Public Comments on Three Draft Laws (with Brief Content Summary): September 7, 2017 (UPDATED)” →