FOREIGN-RELATED LEGISLATION AND AMENDMENTS OVER THE LAST FIVE YEARS

2019-04-26 04:38
China Report Asean 2019年4期

Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) in 2014, several foreign-related laws have been enacted or amended. What are their main aims? What role do they play in regulating foreign-related issues? Here's a rundown:

April 24, 2015

Food Safety Law (2015 Amendment)

The Law stipulates that food exporters and manufacturers outside China shall guarantee that food, food additives and foodrelated products exported to China shall comply with this Law, other relevant laws and administrative regulations of China and China's national food safety standards and shall be responsible for the content on labels and instructions.

Reading materials of Food Safety Law.

August 29, 2015

Law on Promoting the Transformation of Scientific and Technological Achievements (2015 Amendment)

The Law stipulates that the State encourages scientific and technological achievements to be implemented first within China. Chinese entities and individuals transferring their scientific and technological achievements to organizations or individuals outside China or permitting them to implement such achievements shall abide by relevant laws, administrative regulations and State regulations.

September 1, 2016

Charity Law

It is clearly stipulated in the Law that materials donated from abroad for charitable purpose shall be reduced or exempted from import tariffand value-added tax on imports.

September 3, 2016

Law on Foreign-Capital Enterprises (2016 Amendment)

The usage of foreign capital is an important part of China's basic State policy of opening-up to the outside world. Since its adoption in 2000, the Law has expanded China's foreign economic cooperation and technical exchanges with foreign countries and promoted the development of China's national economy. The new provisions in the amended Law aim to create a more favorable investment environment in China and make it clear that instead of examination and approval procedures, registration management shall be applied to foreignfunded enterprises not engaged in areas that require specific entry permissions in matters such as registration or modification of registration information.

July 1, 2015

National Security Law

The Law includes 84 articles in seven chapters and came into effect on July 1, 2015.Tasks of maintaining national security across 11 fields are made clear, covering political security, homeland security, military security,cultural security, and science and technology security. According to the Law, April 15 each year is National Security Education Day.

Posters for National Security Education Day in a park in Beijing.

January 1, 2016

Seed Law (2015 Amendment)

The Law clarifies that any introduction of germplasm resources from abroad shall be handled in accordance with relevant provisions of the competent agricultural and forestry authorities of the State Council. Imported seeds shall only be used for seed production and their products must not be sold within China.Crop seeds or forest seeds introduced from abroad for experimental purposes shall be planted in isolation and no cuttings therefrom may be sold as commodity seeds.

June 1, 2016

Education Law (2015 Amendment)

The Law expressly outlines State support for Sino-foreign cooperation in education, the development of international education services and the cultivation of internationaloriented talents. The State encourages domestic and overseas social organizations and individuals to make donations to help develop education.Individuals from abroad who meet the relevant standards in China can study, conduct research and academic exchanges or teach at Chinese schools and other educational institutions after relevant formalities and their legal rights and interests will be protected by the State. It also stipulates that China's recognition of degree certificates, academic certificates and other educational certificates issued by educational institutions outside China shall be handled in accordance with international treaties concluded or acceded to by the People's Republic of China, or in accordance with relevant regulations of the State.

October 1, 2016

Law on Chinese-Foreign Equity Joint Ventures (2016 Amendment)

For the purpose of expanding international economic cooperation and technical exchanges, China permits foreign companies, enterprises, other economic organizations or individuals to establish joint ventures with Chinese companies,enterprises or other economic organizations within China in accordance with the principle of equality and mutual benefits and subject to approval by the Chinese government.Since it was adopted in 1979, the Law has been revised several times over the years. To facilitate business operation, new provisions on registration management of joint ventures were added, stating that instead of examination and approval procedures,registration management shall be applied to joint ventures not engaged in areas that require specific entry permissions in such matters as joint venture agreement, contract term and termination of contract that comply with Article 3, Article 13 and Article 14 of this Law.

November 7, 2016

Foreign Trade Law(2016 Amendment)

To strengthen foreign labor cooperation and management and protect the rights and interests of the working people,a newly added provision stipulates that entities engaged in foreign labor cooperation shall have corresponding qualifications and that specific measures shall be formulated by the State Council.

November 5, 2017

Law on the Administration of Activities of Foreign Non-governmental Organizations in China (2017 Amendment)

Adoption of the Law guarantees that foreign nongovernmental organizations will carry out activities in a more smooth and orderly manner and that their legitimate rights and interests will be further protected under the guidance of this Law.

November 5, 2017

Customs Law (2017 Amendment)

New provisions such as the protection of intellectual property rights and the application of international valuation guidelines are added to align the Law with international standards.

April 27, 2018

Frontier Health and Quarantine Law(2018 Amendment)

Promulgation of the Law marked China's administration on frontier health and quarantine becoming ruled by law. Quarantine in accordance with this Law helps safeguard national security and public health.

The newly revised Frontier Health and Quarantine Law.

The Foreign Investment Law of the People's Republic of China was adopted at the second session of the 13th National People's Congress on March 15.

July 1, 2018

Ship Tonnage Tax Law

According to the Law, vessels that enter ports in China from ports outside Chinese territory shall pay ship tonnage tax. Adoption of this Law is to serve the Belt and Road Initiative, strengthen China's maritime power and improve the global competitiveness of Chinese shipping industry.

June 1, 2017

Cyber Security Law

The Law stipulates that foreign institutions,organizations and individuals engaged in activities that attack, invade,interfere or damage critical information infrastructure causing serious consequences shall be investigated for legal responsibility according to law.

The Cyber Security Law on a bookshelf in Shanghai Book City.

November 5, 2017

Law on Chinese-Foreign Contractual Joint Ventures (2017 Amendment)

The revised Law cancelled several examination and approval procedures to create a more open and flexible business environment and facilitate the operation of Sinoforeign joint ventures.

A printed issue of the Law on Chinese-Foreign Equity Joint Ventures.

A printed issue of the amended version of Education Law of the People's Republic of China.

January 1, 2018

Public Library Law

China's first law on library and the first cultural legislation passed since the 19th CPC National Congress,the Law encourages foreigners and foreign organizations to participate in the construction of public libraries in China.

April 27, 2018

Anti-terrorism Law(2018 Amendment)

As a fundamental law on combating terrorism, the Law clarifies the institutional responsibilities and counterterrorism measures, providing a legal framework for cracking down on terrorist activities,safeguarding national security, public safety and people's lives and property, as well as strengthening international cooperation against terrorism.

The Anti-terrorism Law on a bookshelf in Shanghai Book City.

October 26, 2018

Law on International Criminal Judicial Assistance

Adoption of the Law exerts farreaching in fluence not only in China, but also globally. It provides legal basis for fugitive repatriation from abroad and helps international cooperation against transnational crime,aiming to create a safer society and make the people more secure.