These new regulations will be implemented from September.
Since September, a number of new laws and regulations will be implemented soon, involving barrier-free environment construction, ecological protection of the Qinghai-Tibet Plateau, consular protection and assistance, legal aid and other aspects.
It is worth noting that the newly promulgated barrier-free environment construction law has attracted much attention, which clarifies that the state supports the installation of elevators or other barrier-free facilities in existing houses, thus benefiting the disabled and the elderly.
At the same time, some local laws and regulations related to the national economy and people’s livelihood have also been implemented. For example, Chongqing has issued the first local anti-espionage supporting regulations in China, detailing anti-espionage security precautions; Fujian has formulated fire regulations, explicitly prohibiting electric bicycles from parking or charging in the building; Sichuan will bring live delivery and take-away food delivery into supervision, and clarify food safety responsibilities; Hainan province completely prohibits any organization or individual from providing tattoo services to minors.
Barrier-free environment construction law: providing convenience for the disabled and the elderly
The Law on Barrier-free Environment Construction will come into effect on September 1st. This law consists of eight chapters, including general provisions, barrier-free facilities construction, barrier-free information exchange, barrier-free social services, safeguard measures, supervision and management, legal responsibilities, and supplementary provisions.
The new law clarifies that newly built, rebuilt and expanded residential buildings, residential areas, public buildings, public places, transportation facilities, urban and rural roads, etc. shall meet the standards for barrier-free facilities construction. The state supports the installation of elevators or other barrier-free facilities in existing multi-storey houses in old urban communities.
The new law also specifically added safeguards, supervision and management, legal responsibilities and other contents, and clarified the relevant responsible subjects, regulatory authorities, and penalties for violating relevant regulations.
New regulations on legal aid: people no longer need to submit proof of financial difficulties.
The newly revised Procedures for Handling Legal Aid Cases shall come into force on September 1, 2023.
The revised procedures include six chapters and 46 articles, covering five aspects: clarifying the division of responsibilities and handling principles, optimizing the application procedures, improving the review procedures, refining the assignment procedures and standardizing the undertaking requirements. It is mainly clear that legal aid institutions should publicize and update the application conditions for legal aid in a timely manner; When an applicant applies for legal aid, it is no longer necessary to submit a certificate of financial difficulties.
Standardize the management of places for religious activities: no commercial propaganda is allowed.
The Measures for the Administration of Places for Religious Activities shall come into force as of September 1st. There are 10 chapters and 76 articles in the Measures, which improve the management system of religious activities.
The Measures stipulate the procedural requirements for the preparation, establishment and registration of venues for religious activities, standardize the management of venues for religious activities, clarify the establishment of management organizations for venues for religious activities, implement democratic management, establish and improve the personnel management system, and standardize the religious activities, social activities and foreign exchanges of personnel in this venue.
The "Measures" stipulate that no organization or individual may conduct commercial propaganda in the name of a religious activity place or use the influence of a religious activity place to seek illegal interests; There shall be no subordinate relationship between religious activities.
Ecological Protection Law of Qinghai-Tibet Plateau: Establishing and Perfecting Ecological Risk Prevention and Control System
The Law on Ecological Protection of Qinghai-Tibet Plateau came into effect on September 1st. This law adheres to the principle of ecological protection first, focuses on the main contradictions, special problems and outstanding characteristics of ecological protection in the Qinghai-Tibet Plateau, and promotes the comprehensive management, systematic management and source management of grass, sand and ice in the mountains, rivers, fields and lakes as a whole, providing legal protection for ecological protection and sustainable development in the Qinghai-Tibet Plateau.
For example, in terms of ecological protection and restoration, the integrated protection and systematic management system is stipulated for the protection and restoration of ecological elements such as "mountains, rivers, fields, lakes, grass, sand and ice", biodiversity protection and core areas such as the Three Rivers, and the requirements for ecological environment protection in tourism and mountain outdoor sports are strengthened; In strengthening the prevention and control of ecological risks, it is required to establish and improve the ecological risk prevention and control system of the Qinghai-Tibet Plateau, and do a good job in various monitoring and early warning, investigation and evaluation, prevention and control without disturbing the natural conditions.
Special legislation on citizens’ rights and interests abroad: clarifying the responsibilities and obligations of all parties
The Regulations on Consular Protection and Assistance came into effect on September 1st, which is the first special legislation on consular protection and assistance and the safety of China citizens and institutions overseas.
There are 27 articles in the Regulations, the main contents of which include: clarifying the responsibilities and obligations of all parties in consular protection and assistance. Specify the responsibilities of the Ministry of Foreign Affairs, diplomatic agencies abroad and relevant departments of the State Council, and clarify the self-protection obligations of China citizens, legal persons and unincorporated organizations abroad. Clear consular protection and assistance acceptance methods and areas of responsibility, so as to facilitate China citizens, legal persons and unincorporated organizations to consult and apply for consular protection and assistance.
Food and cosmetics packaging "slimming": moon cake packaging can not put tea and other products.
The State Administration of Market Supervision newly revised and issued "Restricting the over-packaging of commodities requires food and cosmetics" (GB 23350— 2021), a mandatory national standard, came into effect on September 1st, and standardized the packaging requirements of 31 kinds of food and 16 kinds of cosmetics from the aspects of packaging void ratio, packaging layers and packaging cost. Products that do not meet the new standard will not be allowed to be produced, sold or imported.
The national standard makes it clear that food and cosmetics produced and sold in China and imported from abroad are applicable to this standard, while export products are not applicable to this standard, and gifts and non-sale products are not applicable to this standard. Especially in the mixed packaging of moon cakes, according to the requirement that "moon cakes should not be mixed with other products", other products such as red wine, tea, knives and forks can not be put in the packaging of moon cakes, and products such as food deoxidizers and ice packs can be put in to prevent moon cakes from deteriorating if necessary.
Standardize the independent directors of listed companies: work in at most three domestic companies.
The Measures for the Administration of Independent Directors of Listed Companies shall come into force on September 4th. The Measures mainly clarify the qualifications, appointment and dismissal procedures, responsibilities and ways of performing duties, performance guarantee mechanism and legal responsibilities of independent directors, and set a one-year transition period for related matters. Among them, it is clear that independent directors should, in principle, be part-time independent directors in at most three domestic listed companies; Independent directors are required to work in the field of listed companies for not less than fifteen days each year, and should make work records.
Chongqing: The First Local Anti-Spy Regulation in China
Recently, the Standing Committee of Chongqing Municipal People’s Congress deliberated and passed the Regulations on Anti-Spy Work in Chongqing, which came into effect on September 1st. This "Regulations" is the first supporting local regulations in China after the revision of the Anti-Spy Law.
The full text of the "Regulations" consists of 29 articles, regardless of chapters. It further enhances the operability and enforceability from the aspects of improving the anti-espionage work mechanism, refining the anti-espionage security measures, strengthening the anti-espionage work guarantee and assessment, and improving the legal responsibility, which provides clearer legislative guidance for Chongqing to carry out anti-espionage work.
Fujian: Electric bicycles are charged indiscriminately or fined.
The Fire Protection Regulations of Fujian Province came into effect on September 1st, and made specific provisions on the parking and charging of electric bicycles. The "Regulations" also clarify that if electric bicycles are parked in public areas such as public hallways, evacuation routes, safety exits, stairwells, or electric bicycles are charged by private wires and sockets, the township (town) people’s government and sub-district offices shall order them to make corrections, and if they refuse to make corrections, the units and individuals shall be fined accordingly.
Jiangsu: legislation to retain more primary medical and health personnel
The Regulations of Jiangsu Province on Primary Health Care came into force on September 1st. As the first local law in the field of primary health care at the provincial level in China, in terms of the access mechanism, the Regulations clearly stipulate that the recruitment of primary health care personnel can relax the registration conditions and reduce the proportion of examinations, and the proportion of examinations can be set for positions that are really difficult for recruiters. For positions that are difficult to form full competition, under the premise of meeting the requirements of practice access, the registration conditions can be relaxed and the proportion of examination can be reduced; If the ratio of the number of successful applicants for the same post and the number of candidates to be recruited is the same as that of the post, the candidates for medical examination can be determined directly by means of interviews; The recruitment procedure can be simplified for those who are in short supply of specialties such as general practice, pediatrics and public health.
Sichuan: Bring live delivery and take-away food delivery into supervision.
The Regulations on Food Safety in Sichuan Province will come into effect on September 1st, which will further improve the legal system of food safety in Sichuan.
The "Regulations" will include operators who provide network access services for platforms and merchants in supervision and clarify food safety responsibilities. Further standardize the behavior of live broadcast with goods, and marketing activities shall not implement the confusing behavior of "hanging sheep’s head and selling dog meat". Refined the management of take-away food delivery, requiring the use of sealed labels or disposable sealed packaging bags. In addition, the "Regulations" also clearly establish a unified traceability platform for food safety public services in the province and build an efficient full-chain supervision mechanism.
Hainan: It is forbidden to provide tattoo services to minors.
The Provisions of Hainan Special Economic Zone on Prohibiting the Provision of Tattoo Services to Minors came into force on September 1st.
The "Regulations" clearly prohibit any organization or individual from providing tattoo services to minors. Ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens are not allowed to set up tattoo service places or carry out tattoo service activities within 200 meters.
Tianjin: Legislation Empowering Gene and Cell Industry Development
The Regulations of Tianjin Municipality on the Promotion of Gene and Cell Industry came into force on September 1st. The "Regulations" clarify that Tianjin will promote the construction of parks such as "Cell Valley" in Binhai New Area as a whole, attract and promote the gathering of market elements such as talents and capital, and promote the deep integration of innovation chain and the industrial chain; Support the construction of the core base of medical science and technology innovation system in China, encourage the Beijing-Tianjin-Hebei industrial linkage based on the base, optimize the cross-regional industrial layout, and consolidate the leading position in the advantageous fields.