The Latest Laws and Regulations of July, I

I. From 1^st of August, 2012, Export Enterprises won’t be Required to Go through the Formalities of Collection, Verification, Writing-off of Export Proceeds in Foreign Exchange

The State Administration of Foreign Exchange, the General Administration of Customs and the State Administration of Taxation jointly issued the Announcement on Reform concerning to Foreign Exchange Administration System of Goods Trade, and the reform will be implemented nationally on 1^st of August, 2012. Reportedly, from 1^st of December, 2012, the reform has been piloted in 7 provinces such as Jiangsu, Shandong, etc.. The reform covers the administration method including the cancellation of paper of collection, verification and writing-off of export proceeds, no need to go through the formalities of collection, verification and writing-off of export proceeds; implementation of dynamic sort management referring to classifying the enterprises into 3 sorts according to the compliance and the consistency of export and import of goods; and adjustment to declaration process for export, etc.. Meanwhile, the State Administration of Foreign Exchange has delivered new laws and regulations for administration of foreign exchange of goods trade to the local departments of foreign exchange and banks authorized to deal with foreign exchanges, accordingly the old documents are abolished.

(From the website of the State Administration of Foreign Exchange)

II. The Ministry of Finance and the Ministry of Commerce Jointly Issued the Revised Measures for the Administration of Import Discount Interest Funds (the “Measures”)

Recently the Ministry of Finance and the Ministry of Commerce have jointly the Measures and the Interim Measures for the Administration of Import Discount Interest Funds made in 2007 is abolished. The Measures amend and perfect the conditions and standards of application for import discount interest, materials required to be submitted, application procedures, examination and approval, administration and supervisions funds. The Measures has comes into effect.

(From the website of Ministry of Finance)

III. The Measures for Administration of Sunstroke Prevention and Cooling Measures (the “Measures”) has been Promulgated.

The State Administration of Work Safety, the Ministry of Health, the Ministry of Human Resources and Social Security and All China Federation of Trade Unions has jointly issued the Measures recently, replacing the Interim Measures for Sunstroke Prevention and Cooling Measures made in 1960. The Measures particularly define the “scorching weather”, “working at a high temperature” and so forth, as well as detail the sunstroke prevention and cooling measures, labors’ treatment and so on. The Measures have comes into forth upon its promulgation.

(From the website of the State Administration of Work Safety)

IV. The Draft for Opinions of Judicial Interpretation (IV) of the Supreme People’s Court of Application of Law in the Trial of Labor Dispute Cases and the Draft of Labor Contract Law of People’s Republic of China have successively Issued to Ask for Public Opinions

On 27^th of June, 2012, the Supreme People’s Court issued the Judicial Interpretation (IV) of Several Issues on Application Law in Trial of Labor Dispute Cases (Draft for Opinions) to ask for public opinions ( the “Draft for Opinions”). The Draft for Opinions consist 18 articles, of which emphasis on provision of competition restriction and standard of economic compensation, the issue whether a employing unite shall pay economic compensation for a employer graded last in the performance evaluation and how to resolve the labor disputes of foreigners, stateless persons and Taiwan, Hong Kong and Macao residents but happen in China. The Deadline of this Draft for Opinion is 28^th of July, 2012.

The Amendment of Labor Contract Law of People’s Republic of China (Draft) (the “Draft”) is issued in the website of the National People’s Congress (the “NPC”) to ask for public opinions on 6^th of July, 2012. The NPC Standing Committee has already preliminarily deliberated the Draft. The Draft consists of 4 articles focusing on the provision of labor dispatch including the necessary administrative license for establishment a labor-dispatching unit and the minimum registration capital of a labor-dispatching unit increased from RMB 500,000 to RMB1, 000,000.

The public having opinions can directly visit the website of NPC (www.npc.gov.cn), or send a letter to the Law Affairs Committee of the NPC Standing Committee (1 Qianmen West Street Xicheng District, Beijing, 100805) noted opinions for Draft and the deadline is 5^th of August, 2012.

(From the website of Chinacourt and the website of NPC)

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