The NPC Standing Committee (NPCSC) concluded another busy session on Thursday, June 10 with the adoption of eight bills. Two of them—the Anti–Foreign Sanctions Law [反外国制裁法] and the Data Security Law [数据安全法]—have already received worldwide attention and are sure to generate additional commentary in the days and weeks to come. Rather than adding duplicative coverage (beyond our Twitter thread on the sanctions law), we will try something new in this post-session recap. We will steer clear of the two blockbuster bills and will instead focus on two themes found in last week’s other legislation that may have escaped your attention.Continue reading “NPCSC Grants Broader Legislative Powers to Shanghai & Hainan, Widens Scope of Public Interest Litigation by Procuratorates”
The 13th NPC Standing Committee (NPCSC) concluded its 22nd session on Saturday, October 17, 2020 and adopted seven bills. We will summarize five of them in some detail below, while briefly noting the other two. The texts of the bills and relevant legislative documents can be found on the individual bill pages linked below.Continue reading “NPCSC Passes Export Control Law & Biosecurity Law, Updates Patent Law, National Flag/Emblem Laws, Election Law & Minors Protection Law”
On Tuesday, September 29, the Council of Chairpersons decided to convene the 22nd session of the 13th NPC Standing Committee (NPCSC) from October 13 to 17. The NPCSC’s regular sessions ordinarily take place during the last ten days of a month. This upcoming session is likely moved forward to make way for the Communist Party’s Fifth Plenum, scheduled from October 26 to 29. The NPCSC will review at least fifteen bills at its five-day session next month. A quick rundown follows.Continue reading “NPCSC Session Watch: Patent, Export Control, Personal Information Protection, Wildlife Protection & National Defense”
UPDATE (July 3, 2020): The deadline for comments has been extended to August 16, 2020, from the original July 31.
The NPC Standing Committee (NPCSC) is soliciting public comments on the following six bills through August 16, 2020:
- second draft amendment to the Patent Law 专利法修正案草案二次审议稿 (English)
- second draft revision to the Minors Protection Law 未成年人保护法修订草案二次审议稿 (English)
- second draft of the Export Control Law 出口管制法草案二次审议稿 (English)
- draft of the Criminal Law Amendment (XI) 刑法修正案（十一）草案 (English)
- draft revision to the Administrative Penalties Law 行政处罚法修订草案
- draft of the Data Security Law 数据安全法草案 (English)
All linked files are PDF documents in Chinese. English translations will be provided 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, Export Control Law, Criminal Law Amendment, Data Security Law & Two Other Bills (Updated)”
UPDATE (July 5, 2020): The NPCSC has unanimously approved the Hong Kong National Security Law and added it to Annex III of the Hong Kong Basic Law. The Law took effect in Hong Kong at 11 p.m. on June 30. Our partial summary of it is here.
UPDATE (June 28, 2020): The draft Hong Kong National Security Law has been added to the agenda of the ongoing NPCSC session. We expect the NPCSC to approve the bill and add it to Annex III to the Hong Kong Basic Law by Tuesday.
The 13th NPC Standing Committee (NPCSC) concluded its 19th session on Saturday, June 20. It adopted three bills and approved China’s accession to the Arms Trade Treaty. On that same day, the Council of Chairpersons decided to convene the NPCSC again later this month, from June 28 to 30, merely one week after the 19th session. According to the readout of the Council’s meeting, it has placed six bills on the 20th session’s tentative agenda—not including the draft Law on Safeguarding National Security in the Hong Kong Special Administrative Region [香港特别行政区维护国家安全法] (Hong Kong National Security Law). But once again the readout concludes the list of bills with the character “等” (or “et cetera”), so the Hong Kong National Security Law could be included in the final agenda at the last minute—again. The NPCSC ordinarily meets once every two months; it has not held two sessions in such close proximity in over at least two decades. It seems to us, then, that the 20th session is scheduled to expedite—and pass—the Hong Kong National Security Law, while ensuring that the NPCSC complies with the Legislation Law’s requirement that new laws be adopted after at least two reviews.
Below, we will briefly review the bills adopted on Saturday and preview the upcoming 20th session, before concluding with the possible next steps for the Hong Kong National Security Law.Continue reading “NPCSC Concludes First June Session Before Immediately Scheduling Another, Likely to Adopt Hong Kong National Security Law (Updated)”
UPDATE (Nov. 5, 2019): This post has been updated with a link to our guide to navigating the NPCSC’s new online public comments system.
UPDATE (Nov. 4, 2019): This post has been updated with links to unofficial English translations of the draft Community Corrections Law and of the draft revisions to the Minors Protection Law and the Juvenile Delinquency Prevention Law.
The NPC Standing Committee (NPCSC) is soliciting public comments on the following six bills through November 29, 2019:
- third draft of the Civil Code Part on Marriage and Family 民法典婚姻家庭编草案三次审议稿
- second draft of the Community Corrections Law (ENGLISH) 社区矫正法草案二次审议稿
- second draft revision to the Forest Law 森林法修订草案二次审议稿
- draft revision to the Archives Law 档案法修订草案
- draft revision to the Minors Protection Law (ENGLISH) 未成年人保护法修订草案
- draft revision to the Juvenile Delinquency Prevention Law (ENGLISH) 预防未成年人犯罪法修订草案
All linked files are PDF documents in Chinese. English translations will be provided if and when available. The accompanying explanations of these drafts can be read here (PDF).
The NPCSC also reviewed a draft Biosecurity Law [生物安全法] at its latest session, but did not also release this bill for public comments. It is unclear whether and when it will do so.
To submit comments online, please refer to this guide. The “Occupations” dropdown menus for the draft revisions to the Minors Protection Law and the Juvenile Delinquency Prevention Law include these options: “minors” [未成年人]; “minors’ parents or other guardians” [未成年人的父母或者其他监护人]; “professional social workers” [专业社工]; “teachers” [教师]; “lawyers” [律师]; “employees of villagers’ committees or urban residents’ committees, or community workers” [村委会、居委会或者社区工作人员]; “employees of governmental organs” [政府机关工作人员]; “judges” [法官]; “procurators” [检察官]; and “employees of mass organizations” [群团组织工作人员]. The dropdown menus inexplicably do not include an “other” option.
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.
The Council of Chairpersons decided on Monday (October 14) to convene the 14th session of the 13th NPC Standing Committee (NPCSC) from October 21 to 26. The NPCSC will consider eight legislative bills plus three draft decisions on important legal issues during the upcoming six-day session. A quick rundown follows.Continue reading “NPCSC Session Watch: Encryption, Civil Code, Biosecurity, Child Protection & State Supervision Commission Rulemaking”