JC Master Legal News Issue 1127
Release Date:
2024-09-09 19:10
Key Takeaways for This Issue
The Beijing Stock Exchange has issued three IPO review guidelines to standardize issues related to financial matters and other areas.
The Beijing Stock Exchange has issued three “Guidance on the Application of Business Rules for Public Offering and Listing of Shares to Unspecified Qualified Investors” (No. 1, No. 2, and No. 3), which shall take effect from the date of their publication.
The State Administration of Foreign Exchange has issued the latest version of the Guidelines on Corporate Exchange Rate Risk Management.
The State Administration of Foreign Exchange recently issued the “Guidelines on Corporate Exchange Rate Risk Management” (2024 Edition).
40 Measures to Optimize the Business Environment: Strengthening Fair Competition Systems and Mechanisms to Promote the Orderly Development of the Platform Economy
The State Administration for Market Regulation recently issued the “Key Measures of Market Regulation Authorities to Optimize the Business Environment (2024 Edition),” setting forth 40 requirements across ten areas.
The Supreme People’s Court has released typical cases supporting arbitration in Hong Kong.
On September 5, the Supreme People’s Court released a set of landmark cases supporting arbitration in Hong Kong, thereby advancing the high-quality development of international arbitration.
Finance & Capital Markets
The Beijing Stock Exchange has issued three IPO review guidelines to standardize issues related to financial matters and other areas.
The Beijing Stock Exchange has issued three “Guidance on the Application of Business Rules for Public Offering and Listing of Shares to Unspecified Qualified Investors” (No. 1, No. 2, and No. 3), which shall take effect from the date of their publication.
Guideline No. 1 refines the disclosure and verification requirements for subsidiaries of listed companies seeking to list on the Beijing Stock Exchange, improves provisions on information‑disclosure exemptions, and introduces specific requirements related to corporate governance and compliant operations for entities with concentrated shareholdings. Guideline No. 2 adds verification measures—such as scrutiny of fund‑flow records and layered due diligence on customers and suppliers—to prevent financial fraud; it also specifies adverse scenarios involving pre‑listing “clearance‑style” dividend distributions and sets out post‑implementation remediation periods for deficiencies in internal financial controls. Furthermore, it incorporates provisions on impairment of accounts receivable and share‑based compensation, and clarifies disclosure requirements for review reports issued after the audit cut‑off date, as well as the timing criteria for changes to listing standards. Guideline No. 3 introduces additional obligations for sponsor institutions’ management regarding project signing responsibilities, along with provisions governing changes to intermediary offices or signing personnel.
The State Administration of Foreign Exchange has issued the latest version of the Guidelines on Corporate Exchange Rate Risk Management.
The State Administration of Foreign Exchange recently issued the “Guidelines on Corporate Exchange Rate Risk Management” (2024 Edition).
The 2024 Edition of the Guidelines builds upon the original “Guidelines on Corporate Exchange Rate Risk Management” by introducing three key additions: first, a chapter on corporate practices that distills critical elements of exchange rate risk management, including end-to-end scenario analysis, professionalized management, and digital solutions; second, a case studies chapter that features 16 representative examples, carefully selected to reflect industry‑specific and business‑line characteristics; and third, a dedicated section on corporate foreign‑exchange hedging accounting, which outlines the requirements of hedge accounting standards, applicable conditions, and underlying accounting principles.
Commercial & Corporate
The National Energy Administration has issued the “Rules on the Issuance and Trading of Green Certificates for Renewable Energy.”
Recently, the website of the National Energy Administration published the “Notice on Issuing the Rules for the Issuance and Trading of Green Certificates for Renewable Energy.”
The Rules comprise eight chapters and 35 articles, clearly defining the participating entities and their respective responsibilities in the green certificate market, specifying requirements for green certificate account management, standardizing the procedures for issuing green certificates, setting forth detailed requirements for green certificate trading, and regulating the management of information related to green certificate issuance and trading. Notably, the Rules stipulate that a green certificate is valid for two years, with the validity period commencing from the month in which the electricity was generated; the use of green certificates under mechanisms such as the renewable energy consumption obligation weighting shall be governed by relevant regulations; and for electricity generated by renewable energy projects prior to January 1, 2024 (excluding that date), the corresponding green certificate validity period shall be extended until the end of 2025.
The Civil Aviation Administration of China plans to issue the “Rules on Market Access and Allocation of International Passenger Air Transport Rights.”
On September 3, the Civil Aviation Administration of China published on its website a letter soliciting public comments on the “Rules on Market Access and Allocation of International Passenger Air Rights (Draft for Public Comment),” with the deadline for submitting feedback set for September 17.
The Regulations comprise seventeen articles, setting forth principles for market access and allocation of air rights, principles for the categorized management of international routes, the principle of prioritizing main bases, criteria for designating main bases, principles for classifying air carriers, rules governing market access and air‑rights allocation for Category I routes, rules for Category II routes, requirements for monitoring the efficiency of capacity utilization, and procedures for allocating international passenger air rights. In addition, the Regulations specify special provisions for newly opened long‑haul routes to strategic or diplomatically prioritized destinations such as Africa, Latin America, and the South Pacific, as well as for international routes involving the Hainan Free Trade Port.
The State Administration for Market Regulation plans to issue the “Regulations on Promoting the Development and Standardizing Registration Management of Individual Industrial and Commercial Households.”
On September 4, the website of the State Administration for Market Regulation published an announcement soliciting public comments on the “Regulations on Promoting the Development and Standardizing Registration Management of Individual Industrial and Commercial Households (Draft for Comments).” The deadline for submitting feedback is October 7.
The Regulations comprise 47 articles, setting out the basic requirements for registration in areas such as business premises and operating locations, online operations, corporate names, cross‑district relocation, and outward investment, while addressing prominent and complex issues encountered in registration procedures. They clarify that, upon the death of an individual business operator, the successor shall handle the procedures for changing the operator or canceling the registration. The Regulations also explicitly stipulate the fundamental conditions and registration requirements for transforming an individual business into a corporate entity through registration amendment, as well as the methods for continuing matters such as investors, corporate names, and administrative permits. Furthermore, they prohibit any organization or individual from inducing or coercing workers—including couriers, ride‑hailing delivery personnel, and ride‑hailing drivers—to register as individual businesses, and set forth requirements for monitoring and verifying registration data of business entities.
The National Data Administration, in collaboration with multiple departments, has jointly released the second batch of exemplary cases under the “Data Elements ×” initiative.
Recently, the National Data Administration, in collaboration with the Ministry of Science and Technology, the Ministry of Agriculture and Rural Affairs, the Ministry of Culture and Tourism, the Chinese Academy of Sciences, the Chinese Academy of Engineering, the National Cultural Heritage Administration, and the State Administration of Traditional Chinese Medicine, unveiled a second batch of 28 exemplary cases under the “Data Elements ×” initiative at the 2024 China International Big Data Industry Expo.
The second batch of typical cases, while emphasizing the role of data in addressing industry‑wide challenges and boosting sectoral performance, places greater emphasis on compliant data sourcing, effective governance, and the use of advanced, appropriate technologies to ensure the secure circulation of data. These cases vividly illustrate exemplary practices in the development and utilization of data as a factor of production across such sectors as modern agriculture, commercial distribution, and transportation.
The Ministry of Commerce is seeking public input on the 27th Meeting of the China–EU Intellectual Property Working Group.
The 27th Meeting of the China–EU Intellectual Property Working Group will be held in Beijing in mid-October 2024. The Working Group aims to exchange information on developments in intellectual property legislation, enforcement, and judicial practices in both sides, and to facilitate the resolution of IP-related issues encountered by businesses from both sides in the course of trade and investment. To this end, the Ministry of Commerce is soliciting from relevant departments, enterprises, and individuals any IP-related problems or challenges experienced in the European Union, along with related opinions and suggestions. The deadline for submitting feedback is September 17.
Beijing plans to introduce the “Administrative Measures for Emergency Response Plans in Beijing.”
On September 4, the Beijing Municipal Government website published the “Notice on Public Solicitation of Comments on the Draft Measures for the Administration of Emergency Response Plans for Sudden Incidents in Beijing,” with the deadline for submitting feedback set for October 3.
The Measures comprise 9 chapters and 56 articles, clearly defining the structure and classification of emergency response plans, as well as the management responsibilities at different levels and for different types of plans. They specify the planning and accountability for drafting such plans, along with the requirements for preparing each category of plan. The Measures also set forth provisions regarding the review content and approval procedures for various emergency response plans, the entities responsible for their issuance, inter‑plan coordination, filing, circulation to relevant parties, public disclosure, interpretation, training, and publicity. Furthermore, they establish a system for periodic evaluation of emergency response plans, delineate circumstances requiring revision, and prescribe the corresponding revision procedures, among other matters.
Beijing plans to issue the “Standard for Storage Management of Grain Warehouses.”
On September 4, the Beijing Municipal Government website published the “Notice on Soliciting Public Comments on the ‘Norms for Storage Management of Grain Warehouses (Draft for Comments)’,” with the deadline for submitting feedback set for October 4.
The Standard specifies requirements for facility management, equipment management, storage management, inbound and outbound operations management, and safe production management in grain warehouses. It applies to the storage management of reserve grain in grain warehouses, with commercial grain subject to analogous implementation.
The Ministry of Industry and Information Technology plans to issue the “Guidelines for Health Assessment of Lithium-Ion Batteries Used in Electric Bicycles.”
On September 5, the website of the Ministry of Industry and Information Technology published the “Public Notice Soliciting Comments on the ‘Guidance for Health Assessment of Lithium-Ion Batteries Used in Electric Bicycles,’” with a deadline for submitting feedback set for September 18.
The Guidelines apply to lithium-ion batteries used in electric bicycles that are already in service, clearly identifying health risks associated with such batteries, specifying conditions under which continued use is not recommended, and setting forth relevant technical criteria. They also outline testing methods and requirements for establishing health‑assessment service points.
Beijing plans to issue the “Detailed Rules for the Filing of Educational Mobile Internet Applications in Beijing.”
On September 5, the Beijing Municipal Government website published the “Notice on Soliciting Public Comments on the ‘Detailed Rules for the Filing of Educational Mobile Internet Applications in Beijing,’” with the deadline for submitting feedback set for September 11.
The Implementing Rules comprise 9 chapters and 35 articles. They comprehensively address four key areas: the definition of educational apps, the delineation of responsibilities, the registration requirements for providers and users, and the registration procedures. The rules reiterate the obligations of both providers and users and set out the fundamental requirements for managing app registration. Additionally, they cover five other areas—systems for selecting educational apps, evaluation and recommendation mechanisms, exit protocols, and oversight and supervision—and integrate corrective measures such as the publication of blacklists and whitelists to promote quality improvement.
Eleven departments have jointly issued a document to promote the coordinated development of new‑type information infrastructure.
On September 4, the website of the Ministry of Industry and Information Technology published the “Notice from the Ministry of Industry and Information Technology and Ten Other Departments on Matters Related to Promoting the Coordinated Development of New‑Type Information Infrastructure.”
The Notice comprises eight key areas, proposing to optimize the layout of computing‑power infrastructure; advance end‑to‑end network upgrades across multiple technologies; promote the integrated development of information and traditional infrastructure; deepen cross‑industry co‑construction and sharing of infrastructure; advance green and low‑carbon development of priority facilities; enhance network and data security safeguards; strengthen cross‑industry security service capabilities; and bolster the stable and secure operation of information infrastructure. It further clarifies that basic telecommunications enterprises must reinforce the coordinated construction of cybersecurity facilities and information infrastructure. Relevant entities are required to cooperate in conducting cybersecurity capability maturity assessments, strengthen risk assessments for emerging technologies such as the Internet of Things and artificial intelligence, strictly enforce IoT SIM‑card security management requirements, and establish and improve data security management systems.
40 Measures to Optimize the Business Environment: Strengthening Fair Competition Systems and Mechanisms to Promote the Orderly Development of the Platform Economy
The State Administration for Market Regulation recently issued the “Key Measures of Market Regulation Authorities to Optimize the Business Environment (2024 Edition),” setting forth 40 requirements across ten areas.
The document explicitly states that efforts will be accelerated to refine the rules governing registration management, fair competition, market order, and the “three products and one special item” regime, while also advancing revisions to the Anti-Unfair Competition Law and the Measures for the Administration of the List of Seriously Illegal and Dishonest Entities in Market Supervision, among others. It calls for the improvement of institutional mechanisms to ensure fair competition, deepening assessments of market competition conditions, refining the fair‑competition policy framework, expanding the array of tools for competition regulation and enforcement, and intensifying investigations and penalties in typical cases of illegal conduct. Furthermore, it seeks to promote the orderly development of the platform economy by improving the institutional framework supporting its growth, strengthening standardization, and enhancing certification and accreditation systems in areas such as e‑commerce oversight and data security. On the premise of safeguarding data security, it encourages proactive exploration of opening up credit‑regulation data to platform enterprises. The document underscores the need to effectively implement the requirement that large enterprises include information on the number and amounts of contracts with small and medium‑sized enterprises that remain unpaid beyond the due date in their annual reports, and make such information publicly available through the National Enterprise Credit Information Publicity System.
The State Tobacco Monopoly Administration has revised the Detailed Rules for the Administration of E-cigarette Transactions.
Recently, the State Tobacco Monopoly Administration issued the “Notice on Revising and Promulgating the Detailed Rules for the Administration of E-cigarette Trading.”
The Detailed Rules comprise six chapters and thirty articles, explicitly stipulating the establishment of a comprehensive price‑formation mechanism for e‑cigarette products that is primarily market‑driven. The ex‑factory prices and suggested retail prices of domestically produced e‑cigarette products for the domestic market shall be determined independently by the manufacturers and brand‑holding enterprises. Meanwhile, wholesale prices shall be reasonably set by e‑cigarette wholesalers, taking into account factors such as operating and management costs and national tax policies, on the basis of the ex‑factory price.
The Ministry of Industry and Information Technology has issued the Interim Measures for the Administration of China–Foreign SME Cooperation Zones, along with the corresponding criteria for designation.
On September 4, the website of the Ministry of Industry and Information Technology published the “Notice on Issuing the Provisional Measures for the Administration of China–Foreign SME Cooperation Zones.”
The Measures consist of five chapters and nineteen articles, stipulating that enterprises in the Cooperation Zone shall, in general, achieve an annual total operating revenue of no less than RMB 10 billion. Furthermore, the Cooperation Zone must have remained free of major or more serious incidents involving product quality or environmental pollution over the past three years, as well as free of major or more serious incidents related to production safety, cybersecurity, or data security, and must not have engaged in any acts of severe dishonesty or significant violations of laws or regulations.
Three mandatory national standards for intelligent connected vehicles have been officially released.
Recently, the Ministry of Industry and Information Technology officially released three mandatory national standards—GB 44495–2024 “Technical Requirements for Automotive Whole-Vehicle Information Security,” GB 44496–2024 “General Technical Requirements for Automotive Software Updates,” and GB 44497–2024 “Automated Driving Data Recording System for Intelligent Connected Vehicles”—which will take effect on January 1, 2026.
Among them, “Technical Requirements for Automotive Whole-Vehicle Information Security” specifies the requirements for an automotive information security management system, as well as technical requirements and test methods related to external connectivity security, communication security, software update security, and data security. “Intelligent Connected Vehicles—Automated Driving Data Recording System” sets forth the technical requirements and test methods for the data recording, data storage and retrieval, information security, crashworthiness, and environmental performance of automated driving data recording systems in intelligent connected vehicles.
The Ministry of Industry and Information Technology plans to issue the “Implementation Plan for the Digital Transformation of the Light Industry.”
On September 2, the website of the Ministry of Industry and Information Technology published the “Public Call for Comments on the ‘Implementation Plan for the Digital Transformation of the Light Industry (Draft for Comments),’” with a deadline for submitting feedback set for September 6.
The Implementation Plan outlines 16 key tasks across seven areas: (1) cultivating exemplary digital transformation scenarios and solutions; (2) carrying out in-depth digital transformation upgrades; (3) laying the groundwork and fostering excellence in the digital transformation of industrial clusters; (4) enhancing capabilities in digital transformation services; (5) advancing innovation in critical technologies and products; (6) strengthening the development and application of standards; and (7) bolstering the cultivation of digital talent across industries.
The Ministry of Industry and Information Technology plans to revise the Measures for the Administration of Electronic Certification Services.
On September 2, the website of the Ministry of Industry and Information Technology published the “Public Notice Soliciting Comments on the Measures for the Administration of Electronic Certification Services (Draft for Public Comment),” with a deadline for submitting feedback set for October 3.
The Measures comprise eight chapters and fifty-six articles, primarily clarifying the scope of administrative supervision, enhancing the business capabilities of CA institutions, strengthening their responsibilities and obligations, and improving the administrative oversight mechanism. They standardize administrative penalty measures, establish a reasonable exit mechanism, and specify procedures for the approval of cross-border mutual recognition of certificates. Notably, they introduce new penalties for failing to file certificate chains and submit reports on material matters as required by law, and further detail the penalties applicable to violations of lawful business practices.
The Ministry of Industry and Information Technology has launched the 2024 pilot program for “5G + Industrial Internet” integrated application demonstration zones.
On September 4, the website of the Ministry of Industry and Information Technology published the “Notice on Organizing the Pilot Work for the 2024 ‘5G+Industrial Internet’ Integrated Application Pilot Zones.”
The Notice stipulates that, in accordance with the relevant requirements of the “Guidance for Pilot Construction of ‘5G + Industrial Internet’ Integrated Application Demonstration Zones,” pilot projects shall be organized and implemented with a focus on key areas including development policies, infrastructure, industry applications, industrial ecosystems, and public services. Under the provisions of the “Provisional Rules for the Pilot Program of ‘5G + Industrial Internet’ Integrated Application Demonstration Zones,” applications for pilot demonstration zones shall be submitted at the city level (cities at or above the prefecture level). Cities that are geographically close and possess complementary strengths may submit joint applications. The work process comprises several stages, including application submission, review, approval, and follow-up evaluation.
Theoretical Symposium on the World Internet Conference: Advancing the Building of a Community with a Shared Future in Cyberspace to a New Stage
On September 3, the International Organization of the World Internet Conference convened in Beijing for a theoretical symposium on advancing the building of a community with a shared future in cyberspace into a new stage. The event reviewed the theoretical achievements and practical experiences accumulated since the concept was first put forward, and explored the profound implications, significant importance, and contemporary value of working together to take this endeavor to the next phase.
At the conference, leading experts and prominent figures from the internet sector representing China, South Korea, the United Kingdom, France, Switzerland, and Australia engaged in discussions on topics including “The Global Significance of Building a Community with a Shared Future in Cyberspace,” “The Construction, Development, and Utilization of Digital Infrastructure,” “Online Cultural Exchange and Shared Prosperity through Mutual Learning among Civilizations,” “Innovative Development of the Digital Economy and the Sharing of Its Benefits,” “International Cooperation on Cybersecurity,” and “Global Governance of Cyberspace.”
Five departments have issued the “Implementation Plan for Promoting the Trade-In of Electric Bicycles.”
On September 4, the website of the Ministry of Industry and Information Technology published the “Notice on Issuing the Implementation Plan for Promoting the Trade-In of Electric Bicycles.”
The Implementation Plan sets forth four key tasks: (1) Strengthening the supply of high‑quality electric bicycles; (2) Rigorously regulating the sale of electric bicycles; (3) Launching consumer‑stimulating initiatives for electric bicycles; and (4) Enhancing support measures to encourage trade‑in programs that benefit the public. The Plan specifies that electric bicycle retailers will be required to establish and enforce systems for inspecting and accepting incoming goods, rigorously verifying product conformity certificates and mandatory product certification information, and, upon conofficeation of defects, legally mandating manufacturers to carry out recalls. It also calls for strict legal enforcement against the sale of electric bicycles that have not undergone mandatory product certification or fail to meet national standards. Furthermore, oversight of e‑commerce platforms will be strengthened, with a strict ban on the sale of electric bicycles and other products that have not obtained mandatory product certification as required by law; and “Illegal modifications are prohibited” must be clearly displayed on the sales pages of electric bicycle‑related products.
Twenty-seven departments have jointly launched the 2024 National “Quality Month” campaign.
Recently, 27 government departments, including the State Administration for Market Regulation, the Publicity Department of the CPC Central Committee, the Supreme People’s Court, the Supreme People’s Procuratorate, and the National Development and Reform Commission, jointly launched the 2024 National “Quality Month” campaign under the theme “Strengthening Quality Support to Build a Country Strong in Quality.”
This year’s “Quality Month” campaign is centered on five key areas: solidly advancing the implementation of the Outline; enhancing the role of quality in helping enterprises grow stronger and larger; strengthening the contribution of quality to building robust industrial ecosystems and supply chains; bolstering the role of quality in promoting sustainable urban development; and fostering social co‑governance of quality. To this end, nine priority initiatives have been planned, including launching a series of programs to strengthen enterprises through quality, vigorously implementing actions to fortify supply chains with quality, advancing the cultivation and development of quality‑driven counties (districts and towns), driving quality improvements in key sectors, reinforcing quality‑related safety and assurance for priority products, cracking down rigorously on infringement and counterfeiting, and carrying out in-depth campaigns to deliver tangible benefits to the public through quality.
The Ministry of Transport has issued the “Framework Arrangement for the Implementation of IMO Instruments.”
On September 2, the website of the Ministry of Transport published the “Notice on the Issuance of the Framework Arrangement for Implementing IMO Instruments.”
The Arrangement clarifies the scope of implementation, the composition of the maritime administration framework, and the overall implementation plan, and sets out specific tasks in three areas: (1) Objective 1: Ensure effective domestic legislation for the applicable international maritime conventions; (2) Objective 2: Ensure the effective implementation and enforcement of the applicable international maritime conventions; (3) Objective 3: Ensure the continuous improvement of the effectiveness of compliance with international maritime conventions.
The Center for Drug Evaluation of the National Medical Products Administration plans to issue the “Technical Guidance Principles for Vaccine Clinical Trials.”
On September 3, the Center for Drug Evaluation of the National Medical Products Administration published the “Notice on Public Solicitation of Comments on the ‘Technical Guidance Principles for Vaccine Clinical Trials,’” with a consultation period of one month from the date of issuance.
The Guiding Principles primarily apply to vaccine clinical trials conducted for the purpose of regulatory submission, stipulating that both the design and conduct of such trials must comply with the ethical principles of the Declaration of Helsinki, the Good Clinical Practice (GCP) guidelines, and other fundamental requirements. Additionally, they should take into account the relevant provisions set forth in the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH) and other applicable guidance documents.
The Ministry of Industry and Information Technology has issued a guideline to promote management improvements among small and medium-sized industrial enterprises across ten key areas.
The website of the Ministry of Industry and Information Technology has published the “Notice on Issuing the ‘Guidance for Enhancing Management of Small and Medium-sized Industrial Enterprises (Trial)’.”
The “Guideline” comprises eleven provisions, focusing on enhancing enterprises’ capabilities in strategic management, human resource management, innovation management, production management, supply chain management, marketing management, financial management, decision-making management, and public‑image management. The Guideline underscores the importance of strengthening internal control and internal auditing, guiding small and medium-sized enterprises to establish a financial internal control system that encompasses authorization and approval procedures, accounting system controls, asset‑security safeguards, and business‑process controls. It also recommends setting up relatively independent internal audit personnel and systems, and, where feasible, instituting external audit mechanisms.
The Ministry of Natural Resources has issued 18 measures to strengthen the high-quality supply of natural resource standards and enhance supporting services.
Recently, the website of the Ministry of Natural Resources published the “Notice on Issuing the ‘Several Measures for Strengthening the High-Quality Provision and Supporting Services of Natural Resource Standards.’”
The “Several Measures” comprise 18 items across seven key areas, clearly stipulating the establishment of a rapid-response mechanism linking standardization efforts with the implementation of major national strategic tasks; the ongoing development and refinement of a comprehensive natural resources standards system; the promotion of integrated development of standards for natural resources management; support for the distinctive evolution of local and industry‑specific standards systems; enhanced coordinated planning of standard‑development activities with scientific and technological research; the creation of high‑level platforms for standard‑related innovation and R&D; the formulation of a pre‑research standards inventory; the establishment of an expedited review channel for the formulation and revision of urgently needed and critical standards; the improvement and refinement of the preliminary review mechanism for draft national standards submitted for approval; the strengthening of standard dissemination and application; the reinforcement of oversight and evaluation of standard implementation; the facilitation of the “bringing in” of international standards; the advancement of the “going out” of Chinese natural resources standards; the enhancement of incentive mechanisms for standardization professionals; and the intensification of rewards for achievements in standardization, among other measures.
The Ministry of Public Security has released eight typical cases of crimes involving advertising‑driven cyber black-and-grey industries.
Since April this year, the Ministry of Public Security has directed public security organs nationwide to continuously and thoroughly advance the “Clean Internet 2024” special campaign, carrying out targeted crackdowns and further intensifying in-depth enforcement efforts. As of August, more than 170 related cases have been solved, and over 460 suspects have been apprehended. Today, the Ministry of Public Security released eight typical cases from this campaign.
In Case One, a criminal gang exploited a large number of virtual accounts, crafting “beautiful‑woman personas” by customizing profile pictures, signatures, and posts. They engaged in “flirting” with internet users in social‑media groups and live‑streaming rooms, luring many victims—under the pretext of inviting them to play games or make money—to register on overseas gambling websites, top up their accounts, and place bets, thereby inflicting substantial financial losses. Beijing public security authorities apprehended 21 suspects and seized more than 20 pieces of equipment used in the crime.
The Ministry of Natural Resources plans to issue the Measures for the Administration of Satellite Navigation and Positioning Reference Stations.
Recently, the website of the Ministry of Natural Resources published an announcement soliciting public comments on the “Administrative Measures for Satellite Navigation and Positioning Reference Stations (Draft for Public Comment),” with a deadline for submitting feedback set for September 29.
The Measures comprise 22 articles and set forth clear provisions on construction principles, classified management, surveying and mapping qualifications, safety requirements, and handling of violations. They specify that reference stations are subject to categorized management—namely, for surveying and mapping datum services and for other societal services—strengthen oversight and supervision of reference stations, and delineate penalties for non‑compliance, among other matters.
The Ministry of Commerce plans to revise the Measures for the Certification of Qualifications of Enterprises Implementing Foreign Aid Projects.
On September 2, the Ministry of Commerce website published the “Notice on Public Solicitation of Comments on the Draft Amendment to the Measures for the Certification of Qualifications of Enterprises Implementing Foreign Aid Projects (Trial),” with a deadline for submitting feedback set for October 2.
The draft amendment primarily removes the provisions in the original Article 10 concerning the methods and conditions for recognizing the qualifications of entities implementing human resources projects, and clarifies that “the methods and conditions for recognizing the qualifications of such entities shall be promulgated separately by the Ministry of Commerce.”
The State Council Executive Meeting reviewed and approved the draft Regulations on the Security Management of Network Data and deliberated the draft amendment to the Maritime Law.
Recently, the State Council Executive Meeting was held to deliberate on several opinions aimed at promoting high-quality development of the insurance sector, to make arrangements for implementing initiatives related to the “Grand Food Security Vision,” and to review and approve the Implementation Plan for Accelerating the Improvement of the Flood‑Control System in the Haihe River Basin and the Draft Regulations on Cyber Data Security Management. The meeting also discussed the Draft Amendment to the Maritime Law of the People’s Republic of China.
The meeting noted that network data should be protected through a classification and tiered approach, with clear delineation of responsibilities for all relevant entities and the implementation of measures to ensure the security of network data. It is essential to define clear security boundaries, safeguard the lawful, orderly, and free flow of data, and foster a favorable environment for high-quality development of the digital economy, as well as for advancing scientific and technological innovation and industrial upgrading. In addition, the meeting discussed and approved in principle the Draft Amendment to the Maritime Law of the People’s Republic of China, and decided to submit the draft to the Standing Committee of the National People’s Congress for deliberation.
The National Information Security Standardization Technical Committee plans to issue the national standard “Cybersecurity Test Platform – System Architecture.”
The website of the National Information Security Standardization Technical Committee has published the “Notice on Soliciting Comments on the Draft National Standard ‘Cybersecurity Technology: Cybersecurity Test Platform – System Architecture,’” with a deadline for feedback set for October 29.
The standard defines a reference architecture for network security test platforms, encompassing the overall architecture, component functions, and security design, and provides guidance on the operational workflows among components. It is applicable to the design, deployment, and operation & maintenance of network security test platforms.
The National Information Security Standardization Technical Committee plans to issue the national standard “Network Security Technology: Requirements for Representing Elements of the Cyberspace Security Graph.”
The website of the National Information Security Standardization Technical Committee has published the “Notice on Soliciting Comments on the Draft National Standard ‘Cybersecurity Technology: Requirements for Representing Elements of the Cyberspace Security Atlas,’” with a deadline for feedback set for October 29.
The standard specifies the classification of elements, coding, and graphical symbol representations for cyberspace security maps. This document provides support to cybersecurity regulators, industry supervisors, network operators, and network service providers in developing and visualizing cyberspace security maps.
The National Development and Reform Commission has revised the Special Management Measures for Central Budgetary Investment under the Infrastructure Construction Project for Building a Strong Country in Education.
On September 2, the National Development and Reform Commission’s website published the “Notice on Revising and Issuing the Special Management Measures for Central Budgetary Investment in the Education Powerhouse Infrastructure Construction Project (Public Training Base Component).”
The Measures consist of six chapters and twenty-five articles, clearly stipulating that, in order to advance the implementation of major regional strategies and the strategy for balanced regional development, provincial-level public training bases shall be established in key regions to effectively radiate to surrounding areas, promote regional economic growth, and meet the needs of mid- to high-end industrial development. Within each provincial administrative region, this special program will, in principle, support the establishment of no more than two provincial-level public training bases; in prefecture-level cities with high industrial concentration and pronounced mismatches between the supply and demand for skilled personnel, it will support the construction of municipal-level public training bases serving local industries. Within each municipal administrative region, this special program will, in principle, support the establishment of no more than one municipal-level public training base. The maximum funding for provincial-level public training base projects is RMB 100 million, for municipal-level projects RMB 70 million, and for county-level projects RMB 30 million.
The State Administration for Market Regulation convened a meeting to advance the 2024 Special Campaign on Online Market Regulation, aimed at promoting development and ensuring safety.
On August 30, the State Administration for Market Regulation convened a meeting to advance the 2024 Special Campaign on Online Market Regulation, aimed at promoting development and ensuring safety, where progress on the campaign was reported and plans for the next phase were outlined.
Data show that since March this year, a total of 16,600 online-related cases have been investigated and handled; platforms have been urged to remove 60,300 listings of illegal goods; websites have been ordered to make rectifications on 10,300 occasions; 1,443 websites have been recommended for closure; and online stores have been required to suspend platform services on 21,200 occasions, thereby effectively ensuring the sustained, healthy, and compliant development of the platform economy.
The Ministry of Human Resources and Social Security and the Cyberspace Administration of China have jointly issued a document to further strengthen the standardized management of the human resources market.
Recently, the Ministry of Human Resources and Social Security and the Cyberspace Administration of China jointly issued the “Notice on Further Strengthening the Standardized Management of the Human Resources Market.”
The notice clarifies that measures will be strengthened to enhance market access management in the human resources sector, improve the market access system, conduct screening and verification of online platform–based employment intermediary activities, and verify compliance with commitments made under the notification‑and‑commitment mechanism. Online recruitment services will be subject to stringent oversight, with rigorous management of job postings, robust data security and personal information protection, and standardized regulation of online employment intermediary activities. Furthermore, oversight of employment discrimination will be intensified, the job‑posting management system will be refined, and inspection, supervision, and dynamic monitoring will be reinforced to prevent the publication of job advertisements containing discriminatory content based on gender, age, educational background, or other factors.
The notice stipulates that market service fees shall be standardized, monitoring mechanisms shall be improved, fee schedules must be clearly disclosed, and any unauthorized charging will be rigorously investigated and prosecuted. On-site recruitment safety management will be strengthened to ensure that all on-site recruitment activities are conducted safely and in an orderly manner. Comprehensive oversight of human resources market activities will be enhanced through intensified routine and targeted supervision, innovative regulatory approaches, and the establishment of robust coordination mechanisms. Furthermore, labor security inspection and enforcement will be reinforced to improve the effectiveness of market regulation.
Taxation
Two departments have optimized the stamp duty policy for corporate restructuring and reorganization, which will remain in effect until the end of 2027.
On September 4, the Ministry of Finance website published the “Announcement on Stamp Duty Policies Related to Enterprise Restructuring and Reorganization and Institutional Reform” (Ministry of Finance and State Taxation Administration Announcement No. 14 of 2024), which will be effective from October 1, 2024, through December 31, 2027.
The Notice clarifies the scope of application of the policy, provides detailed definitions of relevant terms, and specifies the treatment of stamp duty for business account books, various taxable contracts, and instruments for the transfer of property rights. In particular, the Notice stipulates that, during corporate restructuring or reorganization and institutional reform, any increase in paid-in capital (share capital) and capital reserves as determined through appraisal shall be subject to stamp duty in accordance with the applicable regulations. Furthermore, if funds recorded under other accounting accounts are reclassified as paid-in capital (share capital) or capital reserves, stamp duty must also be paid as prescribed. With respect to all types of taxable contracts executed prior to such restructuring or reform but not yet fully performed, if the successor entity assumes the rights and obligations under those contracts without altering the original tax base, no additional stamp duty shall be levied on contracts for which stamp duty was already paid before the restructuring or reform.
LITIGATION & ARBITRATION
The Supreme People’s Court has released typical cases supporting arbitration in Hong Kong.
On September 5, the Supreme People’s Court released a set of landmark cases supporting arbitration in Hong Kong, thereby advancing the high-quality development of international arbitration.
This batch of typical cases comprises six matters, encompassing applications to conoffice the validity of Hong Kong‑related arbitration agreements, applications for interim measures to assist Hong Kong arbitrations, and applications for the recognition and enforcement of Hong Kong arbitral awards. Among them, Case 4 interprets the requirements for “written form” under Hong Kong’s Arbitration Ordinance, holding that parties may validly conclude an arbitration agreement by reference; Case 6 accurately determines the seat of the arbitral award and respects the arbitral tribunal’s issuance of procedural orders in accordance with the rules of arbitration, as well as its related decisions addressing parties’ violations of such procedural orders.
The Supreme People’s Court and the Supreme People’s Procuratorate have issued guidelines to standardize the handling of cases involving procuratorial recommendations for administrative retrials.
The Supreme People’s Court and the Supreme People’s Procuratorate recently issued the “Opinions on Several Issues Concerning the Standardized Handling of Cases Involving Prosecutorial Recommendations for Administrative Retrials.”
The Opinions stipulate that, with respect to cases involving procuratorial recommendations for administrative retrial, the people’s courts shall form a collegiate bench and complete the review within three months. If special circumstances require an extension, the review period shall be extended in accordance with the relevant approval procedures. In general, courts conduct a written review of such cases by examining the case materials transferred by the procuratorate and by accessing the original trial file. Any adjudicating personnel who participated in the adjudication of the case during the original trial proceedings may not thereafter take part in the handling of the administrative retrial procuratorial recommendation case.
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