2016 top ten legal developments in China | Practical Law

2016 top ten legal developments in China | Practical Law

Editor's picks of the top ten legal developments in China for 2016.

2016 top ten legal developments in China

Practical Law UK Legal Update w-005-2163 (Approx. 4 pages)

2016 top ten legal developments in China

by Practical Law China
Published on 30 Dec 2016China
Editor's picks of the top ten legal developments in China for 2016.

China implements two-child policy

The NPC Standing Committee amended the Population and Family Planning Law (人口与计划生育法) to introduce the two-child policy, bringing changes on employee benefits in terms of late marriage leave, maternity leave, and paternity leave. See Legal update, China implements two-child policy.

MLR releases implementing rules for unified real property registration

The MLR issued the Implementing Rules of the Interim Regulations on Real Estate Registration (不动产登记暂行条例实施细则) to streamline real property registration procedure and standardise documentation requirements for immovable property rights registration. See Legal update, MLR releases implementing rules for unified real property registration.

New telecoms catalogue takes effect

The MIIT released a revision of the Classified Catalogue of Telecommunications Businesses (电信业务分类目录). The catalogue classifies the various types of telecoms business that can be carried out in China based on the regulatory category each type of business falls into. See Legal update, MIIT releases 2015 Telecoms Catalogue.

State council seeks public comment on draft Anti-unfair Competition Law

The State Council issued a notice seeking public comment on a revised draft of the Anti-Unfair Competition Law (反不正当竞争法). The current law (enforced by the SAIC) dates back to 1993 and is widely regarded as having been outpaced by China’s increasingly sophisticated commercial environment and legislative framework. See Legal update, State council seeks public comment on draft Anti-unfair Competition Law.

SPC and SPP issue interpretation on Criminal Law provisions on bribery and corruption

The SPC and SPP jointly issued the Interpretation on Certain Issues concerning the Application of Law in Handling Criminal Cases Involving Embezzlement and Bribery (关于办理贪污贿赂刑事案件适用法律若干问题的解释).The interpretation defines the monetary thresholds and identifies the specific circumstances that trigger various punishments for certain bribery and corruption offences under the Criminal Law. See Legal update, SPC and SPP issue interpretation on Criminal Law provisions on bribery and corruption.

China amends FIE laws for record-filing of foreign investment projects

The NPC Standing Committee passed the Decision to Amend Four Laws including the Wholly Foreign-Owned Enterprise Law of the People's Republic of China (关于修改《中华人民共和国外资企业法》等四部法律的决定). Shortly after that, MOFCOM released the Interim Measures on Record-filing and Management of Establishment and Amendment of Foreign-invested Enterprises (外商投资企业设立及变更备案管理暂行办法). The decision and the measures put forward the adoption of a MOFCOM record-filing procedure for regulating foreign investment projects which are not covered under special management measures (that is, the negative list). The record-filing procedure will simplify the business registration process for and enhance the efficiency of regulating and operating foreign investments in China. See Legal update, MOFCOM finalises FIE record-filing measures.

Four agencies issue final version of P2P agency measures

The CBRC, MIIT, MPS and CAC jointly issued the Interim Measures on the Administration of the Business Activities of Network Loan Information Agencies (网络借贷信息中介机构业务活动管理暂行办法). The interim measures regulate direct lending activities through an internet platform (that is, a network loan information agency) between natural persons, legal persons and other organisations. See Legal update, Four agencies issue final version of P2P agency measures.

MOT issues national level rules regulating online taxi reservations services

The MOT issued the Interim Measures on the Administration of Online Taxi Reservation Business Services (网络预约出租汽车经营服务管理暂行办法). The interim measures represent China's first national level rules that aim to regulate the online taxi reservations industry. See Legal update, China issues national level rules regulating online taxi reservations services.

Draft revised foreign investment catalogue open for comment until 6 January 2017

The NDRC and MOFCOM jointly circulated a draft of the seventh revision of the Catalogue of Industries for Guiding Foreign Investment (外商投资产业指导目录) for public comment. The revised draft preserves the previous categories of "encouraged", "restricted" and "prohibited" investments that are the basis for determining the current approval or record-filing requirements for various foreign-invested projects in China and groups all restrictive measures and the "prohibited" category together and names them collectively as the negative list for foreign investment (外商投资准入负面清单). See Legal update, Draft revised foreign investment catalogue open for comment until 6 January 2017.

China passes Network Security Law

The NPC Standing Committee enacted the Network Security Law (网络安全法), a sweeping cyber-security law that remains largely unchanged from prior drafts circulated for public comment. The law establishes a comprehensive legal framework for cyber sovereignty, network security and data privacy protection. The law imposes various network security obligations on network operators and more stringent requirements for operators of critical information infrastructure. See Legal update, China passes Network Security Law.