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.
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.
August 1 is the tenth anniversary of the entry into force of the Anti-Monopoly Law (反垄断法).
The 13th NPC Standing Committee (NPCSC) is expected to convene for its fifth session later this month. The Council of Chairmen is expected to meet in mid-August to decide on the dates and agenda of the session.
The following draft laws have been tentatively scheduled for this upcoming session according to the NPCSC’s 2018 legislative plan:
- draft Soil Pollution Prevention and Control Law (土壤污染防治法);
- draft International Criminal Justice Assistance Law (国际刑事司法协助法);
- draft Separate Parts of the Civil Code (民法典各分编);
- draft amendment to the Land Management Law (土地管理法);
- draft Farmland Occupancy Tax Law (耕地占用税法);
- draft Vehicle Purchase Tax Law (车辆购置税法).
It is possible that the draft amendment to the Criminal Procedure Law (刑事诉讼法) would be submitted for another round of deliberation as well.
The NPC Standing Committee (NPCSC) on Friday released its annual legislative plan for 2018. As usual, the plan is divided into two sections—the first listing specific legislative projects slated for discussion at the NPCSC’s remaining five sessions in 2018, and second setting forth general guiding principles for its legislative work this year. We will discuss only the first part in this post.
The 12th NPC Standing Committee (NPCSC) will convene for its 33rd—and last—session in late February. The Council of Chairmen is expected to meet to set the dates and agenda for the session before the week-long Chinese New Year holiday begins on February 15.
This session will certify results of the currently ongoing elections of the delegates to the 13th NPC, which will first convene on March 5. An explanation of the guidelines for these elections can be found here.
We also expect the upcoming session to hear the State Council’s mid-term report on a pilot reform of the social insurance system. Authorized by the NPCSC in late 2016, the reform suspends the enforcement of two provisions of the Social Insurance Law in twelve cities so as to combine the maternity insurance funds and the basic health insurance funds, which would have been run separately under the suspended provisions.
We expect only a few (perhaps one or two) legislative bills to be submitted to the session for deliberation. Possible candidates include the draft E-Commerce Law and the draft Soil Pollution Prevention and Control Law.
(Editing by Changhao Wei)