NPCSC Adds Special Session for Second Review of Foreign Investment Law

The NPC Standing Committee (NPCSC) conducted an initial review of the draft Foreign Investment Law [外商投资法] last December but took no further action. Readers may recall that we then explained what we saw as the (only) two potential legislative timetables for the Law: It will be adopted by the NPC either this March (after another NPCSC review in late February) or in March 2020 (after a few more readings in 2019). The longer process would not help show China’s willingness to comply with certain demands the United States made during trade negotiations, while the shorter one faces procedural hurdles under Chinese law.

Faced with two imperfect choices, the NPCSC has decided to take an unexpected third approach. It will convene for a special session from January 29 to 30 to conduct a second review of the draft Foreign Investment Law, the Council of Chairmen announced on Wednesday. At the end of the two-day session, the NPCSC will most certainly submit the Law to the NPC, which will then most certainly approve it at its annual session in March.

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NPCSC Takes No Further Action on Foreign Investment Law (for Now), Adopts Two Tax Laws & Codifies Civil Service Reform

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”

NPCSC Session Watch: Foreign Investment, Patent, Resource Tax, Local Government Debt & More

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.

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NPCSC Amends Criminal Procedure Law, Overhauls Judicial System Organic Laws, Loosens Stock Buyback Restrictions & Designates SPC as National IP Appeals Court (FURTHER UPDATED)

UPDATE (Oct. 31, 2018): An English translation of the Criminal Procedure Law with the latest amendment incorporated is available here.

UPDATE (Oct. 30, 2018): An English translation of the International Criminal Justice Assistance Law is available here.


The 13th NPC Standing Committee (NPCSC) concluded its sixth session on Friday. Below we will take a look at the series of laws and decisions it adopted, with a focus on five of them: an amendment to the Criminal Procedure Law, revisions to the organic laws of courts and procuratorates, an amendment to the Company Law, and a decision altering appeals procedures in technical intellectual property cases.

Continue reading “NPCSC Amends Criminal Procedure Law, Overhauls Judicial System Organic Laws, Loosens Stock Buyback Restrictions & Designates SPC as National IP Appeals Court (FURTHER UPDATED)”

NPCSC Session Watch: Anti-Corruption, Judicial Reform, Stock Buybacks, Drug Approval & Patent Litigation (UPDATED)

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UPDATE (Oct. 22, 2018): According to the finalized agenda released on Monday, the State Council submitted for consideration a draft amendment to the Drug Administration Law [药品管理法] to codify the marketing authorization holder system (discussed below), among other changes. It appears that there will be an opportunity for public comments before this amendment passes.

In addition, the draft decision relating to patent litigation procedure (see below) is poised to authorize the Intellectual Property Division of the Supreme People’s Court (SPC) to hear (second-instance) appeals in all civil or administrative patent cases (other than those involving design patents) and certain other types of intellectual property cases involving technical expertise—thus bypassing provincial high courts. In other words, it looks like that the SPC’s IP Division will essentially act as China’s Federal Circuit. But whether the Division’s decisions are further reviewable is not clear at this point. As we said below, we expect the decision to pass this Friday, at which point we will have more information.


The Council of Chairmen decided on Monday (October 15) that the NPC Standing Committee (NPCSC) will hold a five-day session next week, from October 22 to 26. Absent any bill added at the last minute, the session is scheduled to review 12 legislative bills. Below is our usual rundown.

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NPCSC Adopts E-Commerce Law, Soil Pollution Prevention and Control Law & Amends Individual Income Tax Law

The 13th NPC Standing Committee (NPCSC) concluded its fifth session last Friday and adopted the E-Commerce Law, the Soil Pollution Prevention and Control Law, and an amendment to the Individual Income Tax Law. All three laws will take effect on January 1, 2019. Due to competing offline commitments, we are able to discuss only two laws in relative detail below.

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NPCSC Session Watch: Separate Parts of Civil Code, Tax Bills, Criminal Procedure, and More

The Council of Chairmen met on August 17 and decided that the 13th NPC Standing Committee (NPCSC) will meet for its fifth session from August 27 to 31. The session will consider at least seven legislative bills, including the much-anticipated draft Separate Parts of China’s first Civil Code, draft E-Commerce Law, and three tax bills. As usual, below we take a look at the legislative bills on the session’s agenda.

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NPCSC Defers Vote on E-Commerce Law, Grants Law Enforcement Powers to Military-Controlled Coast Guard

The 13th NPC Standing Committee (NPCSC) concluded its third bimonthly session on Friday (June 22) without adopting any legislative bills, including the draft E-Commerce Law that it had already reviewed three times (this session included). Several new provisions in the latest draft have sparked heated discussion during the session and could potentially further delay passage of the law. The session did adopt a decision granting law enforcement powers to the now-militarized China Coast Guard, the details of which will be discussed below.

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NPCSC Session Watch: E-Commerce Law, Judicial Reform & Militarized China Coast Guard (UPDATED)

UPDATE (June 19, 2018): On Tuesday (June 19), it was revealed that the State Council  had submitted a draft amendment to the Individual Income Tax Law (个人所得税法) to the ongoing NPCSC session. This amendment came as a surprise because it was only a preparatory project in the NPCSC’s 2018 legislative plan. State media on Tuesday also released the Ministry of Finance’s explanation of the draft amendment. We expect to publish a summary of the draft after it is released for public comments.

In addition, the NPCSC will not vote on the E-Commerce Law at the end of the current session. We thus expect it to return for a fourth and final round of deliberation by the end of 2018, likely in August or October.


The Council of Chairmen decided on Monday (June 11) that the next NPC Standing Committee (NPCSC) session will take place from June 19 to 22. The session will consider three draft laws and two potentially significant draft decisions. A rundown of the agenda follows.

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NPCSC Session Watch: Historical Nihilism Crackdown, People’s Assessor System Reform, State Council Reorganization & Shanghai Financial Court

The Council of Chairmen decided on Tuesday that the 13th NPC Standing Committee (NPCSC) will convene its second session from April 25 to 27. The three-day session will review draft laws and decisions involving increased protection for Communist “heroes and martyrs,” reform of China’s people’s assessor (or lay judge) system, implementation of the State Council reorganization plan, and the Shanghai Financial Court. The Council also approved the NPCSC’s 2018 legislative and oversight plans; we will publish our coverage and analysis after they are released in the coming weeks.

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