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”
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.
The NPC Standing Committee is now soliciting public comments on the following draft laws until December 1, 2018:
- draft amendment to the Drug Administration Law 药品管理法修正草案
- second draft amendment to the Rural Land Contracting Law 农村土地承包法修正案草案二次审议稿
- second draft of the Basic Healthcare and Health Promotion Law 基本医疗卫生与健康促进法草案二次审议稿
- draft revision to the Civil Servants Law 公务员法修订草案
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”
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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.
As was revealed late last Monday, the tentative agenda of the current NPCSC session (which we discussed in the last post) had undergone several changes. The most notable was a new draft law named National Intelligence Law. The press release of the first meeting of the 25th Session contained the following short paragraph on this draft law:
In order to strengthen and safeguard national intelligence efforts, and to defend national security and interests, the State Council submitted a draft National Intelligence Law for deliberation. Entrusted by the State Council, CHEN Wenqing, the Minister of State Security, made an explanation.
What was unusual, however, was the complete lack of media coverage of this law in the four days since. State media did not report on the content of the law, nor on the NPCSC members’ discussion of the law yesterday. While national security legislations are “sensitive” in nature, and their media coverage is normally tightly controlled, the absence of any report is still a deviation from the usual course of action.