These new regulations will affect your life and mine! , from July
As we enter July, a batch of new national and local regulations will be officially implemented. Let’s see which ones are related to you.
The new company law strengthens the protection of the legitimate rights and interests of shareholders
The newly revised "Company Law of the People's Republic of China" will be implemented on July 1, 2024, aiming to regulate the organization and behavior of companies and protect the legitimate rights and interests of companies, shareholders, employees and creditors. The new company law improves the company capital system, cancels the full subscription system of registered capital, and changes it to a limited liability company that completes full payment within five years from the date of establishment; for joint-stock companies, "the promoters pay the full amount when the company is established."
In terms of strengthening the protection of shareholders' rights, the new company law strengthens shareholders' right to know, and clearly stipulates that shareholders have the right to review and copy company articles of association, meeting minutes, financial accounting reports and other documents, and can request to review the company's accounting books and vouchers. If the controlling shareholder abuses shareholder rights and seriously damages the interests of the company or other shareholders, the new company law stipulates that other shareholders have the right to request the company to purchase their shares at a reasonable price.
The loan term for personal consumption loans shall not exceed 5 years
The revised "Fixed Asset Loan Management Measures", "Working Capital Loan Management Measures" and "Personal Loan Management Measures" will come into effect on July 1, 2024.
This revision clarifies: First, the term of fixed asset loans generally does not exceed ten years. If a loan term of more than ten years is indeed required, the head office of the lender shall be responsible for approval, or the corresponding level shall be authorized to be responsible for approval based on actual conditions. Second, the term of working capital loans shall not exceed three years in principle, and for those with a longer operating cash flow recovery cycle, the maximum shall not exceed five years. Third, the term of personal consumption loans shall not exceed five years; the term of personal business loans generally does not exceed five years, and for those with a longer operating cash flow recovery cycle corresponding to the loan purpose, the maximum shall not exceed ten years.
The first supporting administrative regulation of the Consumer Protection Law - the "Regulations on the Implementation of the Consumer Protection Law of the People's Republic of China" will be officially implemented on July 1, 2024. It makes specific provisions for consumer pain points such as prepaid consumption, live streaming sales, "the elderly and the young", unfair terms, fake orders, big data price discrimination, automatic renewal, and forced bundling.
For example, with regard to live streaming, the regulations require that it must be made clear who is bringing the goods and whose goods are brought, that the platform, the live streaming room, and the anchor are all responsible, and that the consumer dispute resolution mechanism is clarified. For prepaid consumption, the regulations grant consumers the right to terminate the contract for the first time. The operator must refund not only the balance of the prepaid amount, but also the performance of the contract and the breach of contract. The regulations focus on "overlord clauses" and stipulate that operators shall not use standard clauses to unreasonably exempt or reduce their responsibilities, increase the responsibilities of consumers, or restrict consumers' rights to change or terminate contracts in accordance with the law, choose litigation or arbitration to resolve consumer disputes, and choose goods or services from other operators.
The Ministry of Public Security has introduced eight new measures for the reform of public security traffic management to facilitate the public and benefit enterprises, which will be implemented from July 1, 2024. The measures will further deepen the promotion and application of electronic licenses and certificates, reduce the number of certificates to facilitate the public, optimize the organization of non-motorized vehicle traffic at urban intersections, and innovate "Internet traffic management" services.
Specifically, they are: piloting the electronicization of motor vehicle driving licenses; implementing the "one-card-for-all" registration of motorcycles; facilitating the public to handle vehicle cancellation procedures online; promoting door-to-door express delivery services to facilitate public affairs; optimizing the examination subjects for re-application of driver's licenses; optimizing the organization of non-motor vehicle traffic at urban intersections; promoting precise online guidance services for traffic management business; and launching the "Traffic Management 12123" APP unit user version. According to preliminary estimates, after the implementation of the eight new measures, it is expected to benefit hundreds of millions of people and reduce the cost of doing business by about 3 billion yuan.
Starting from July 1, 2024, the Ministry of Industry and Information Technology, the Ministry of Finance, and the State Administration of Taxation will adjust the product technical requirements for energy-saving and new energy vehicles and vessels to enjoy vehicle and vessel tax concessions. Relevant energy-saving and new energy vehicles must meet certain conditions to enjoy preferential policies.
Among them, in terms of new energy vehicle products, the pure electric driving range of plug-in hybrid passenger cars should meet the conditional equivalent full electric mileage of not less than 43 kilometers; the pure electric bus driving range should not be less than 200 kilometers; the pure electric driving range of plug-in hybrid buses should not be less than 50 kilometers; the pure electric truck driving range should not be less than 80 kilometers; the pure electric driving range of plug-in hybrid trucks should not be less than 50 kilometers. For fuel cell commercial vehicles, the pure hydrogen driving range shall not be less than 300 kilometers.
The Supreme People's Court recently issued an interpretation on several issues concerning the application of law in the trial of civil disputes over monopoly, which will come into effect on July 1, 2024. It has 51 articles and stipulates anti-monopoly civil litigation procedures, relevant market definitions, monopoly agreements, abuse of market dominance, and civil liability for monopolistic behavior.
The judicial interpretation clarifies that if the plaintiff directly files a civil lawsuit with the people's court in accordance with the Anti-Monopoly Law, or files a civil lawsuit with the people's court after the anti-monopoly law enforcement agency has made a decision to deal with the monopoly behavior, and the case meets the acceptance conditions stipulated by the law, the people's court shall accept it. If the plaintiff only requests the people's court to confirm that the defendant's specific behavior constitutes a monopoly, but does not request the defendant to bear civil liability, the people's court will not accept it.
46 new psychoactive substances including bromopheniramine are included in the control list
On June 16, 2024, the Ministry of Public Security, the National Health Commission, and the National Medical Products Administration issued the "Announcement on the inclusion of 46 substances including bromopheniramine in the Supplementary List of Controlled Non-medicinal Narcotic Drugs and Psychotropic Drugs", deciding to add 46 new psychoactive substances including bromopheniramine to the list, which will take effect on July 1, 2024, with the aim of strictly preventing the spread of abuse of new psychoactive substances and cracking down on related criminal activities.
This time, the number of new psychoactive substances added to the list is the most comprehensive and the largest in recent years, covering substances with prominent abuse, such as metonizine, medetomidine, and bromamine. After the addition, the number of new psychoactive substances under Chinese control will reach 234.
The Basic Rules for the Operation of the Electricity Market issued by the National Development and Reform Commission will come into effect on July 1, 2024. Relevant entities in emerging clean energy industries such as energy storage companies, virtual power plants, and load aggregators are clearly defined as new market operating entities, and their industrial status is clarified.
According to the rules, the power market operator is responsible for organizing and implementing power transactions in accordance with the power market operation rules, and the two parties to the power transaction can also negotiate the transaction on their own. During the transaction process, the operating entity should avoid improper behaviors such as collusion in quotation, price gouging or disrupting the market order. In addition, for power generation enterprises composed of multiple power plants, centralized quotation should be avoided in power transactions.
According to the Shanghai Municipal Human Resources and Social Security Bureau, Shanghai will adjust the unemployment insurance payment standard from July 1, 2024. The specific adjustment method is: the unemployment insurance payment standard for the first 12 months will increase by 80 yuan, adjusted to 2,255 yuan/month; the payment standard for the 13th to 24th months will be adjusted to 1,804 yuan/month; the payment standard for extended payment will be adjusted to 1,595 yuan/month. To receive unemployment insurance benefits, the following conditions must be met at the same time: the employer and the individual have paid unemployment insurance premiums for one year; the employment is interrupted not by the individual's will; the unemployment registration has been completed and there are job search requirements.
Fujian adjusts upper and lower limits of employee medical insurance contributions
According to the website of Fujian Provincial Medical Insurance Bureau, Fujian Province will adjust the upper and lower limits of the basic medical insurance premiums for urban employees in 2024, which will be implemented from July 1, 2024. The upper limit of the basic medical insurance premiums for urban employees in 2024 is 22,164 yuan, and the lower limit is 4,433 yuan; the monthly premium base for basic medical insurance for urban employees in flexible employment shall not be less than 4,433 yuan.
The "Zhejiang Province Domestic Service Regulations" will come into effect on July 1, 2024. The Zhejiang Provincial Department of Commerce will build a unified "Zhejiang Domestic Service" comprehensive management service platform across the province and be responsible for its operation, maintenance and management. "Zhejiang Domestic Service" will verify the identity information of domestic service agencies and domestic service personnel who have entered information in accordance with regulations through the unified data sharing channel of the public data platform, and assign domestic service agency codes and domestic service personnel codes; after comparing the health certificates, skill level status, work experience and other information of domestic service personnel through the data sharing channel, the domestic service personnel codes will be displayed and dynamically updated.
Heilongjiang issues regulations on home and community elderly care services
The Regulations on Home and Community Elderly Care Services in Heilongjiang Province consists of 7 chapters and 48 articles, and will come into effect on July 1, 2024. The regulations first stipulate the working principles of home and community elderly care services; second, standardize the construction of home and community elderly care service facilities, and make provisions in terms of the preparation of special plans for elderly care service facilities, the construction of urban elderly care service rooms, the renovation of elderly care service facilities, and the renovation of elderly-friendly facilities; third, clarify the content and standards of home and community elderly care services, and require that the service system, service process, and charging standards for home and community elderly care services should be publicized; fourth, strengthen the support and guarantee measures for home and community elderly care services, and make provisions in terms of funding guarantee mechanisms and work evaluation mechanisms.
Xinjiang implements three-level road management system for rural roads in counties, towns and villages
The "Regulations on Rural Roads in Xinjiang Uygur Autonomous Region" will be implemented from July 1, 2024, and include village roads in the scope of rural roads, and make provisions for the planning, construction, maintenance, management and operation of village roads, as well as legal responsibilities. It clarifies that the county people's government is the responsible entity for the planning, construction, maintenance, management and operation of rural roads, and stipulates that rural roads implement the three-level road chief system of county, township and village, and road chiefs at all levels are responsible for corresponding work according to their duties; it stipulates that rural road construction should save land and protect arable land, and reconstruction and expansion should make full use of existing roads and facilities; it clarifies that the operation of rural roads adheres to the principles of government-led, socialized operation, adapting to local conditions, urban-rural coordination, leading the countryside with the city, passenger and freight, and transportation and postal services.
The third revised "Sichuan Provincial Science and Technology Award Measures" will come into effect on July 1, 2024. According to the measures, the provincial science and technology awards will be reviewed once a year, strictly controlling the number of awards, improving the quality of awards, optimizing the award procedures, and the total number of awards each time will not exceed 300. At the same time, the incentives for outstanding young scientific and technological personnel will be further increased. On the one hand, the age will be adjusted from the current "no more than 40 years old" to "no more than 45 years old"; on the other hand, the number of awards will be increased, and the number of awards each year will be adjusted from "no more than 5" to "no more than 10".
Implementation of Hefei Intellectual Property Protection and Promotion Regulations
The first local regulation on intellectual property protection and promotion in Anhui Province, the "Hefei Intellectual Property Protection and Promotion Regulations", will be officially implemented on July 1, 2024. The regulations have established a "full-chain protection" system for intellectual property rights, including administrative, judicial, and social protection, and promoted the establishment of an intellectual property compliance commitment system. The regulations propose to implement a linkage mechanism for intellectual property protection in the Yangtze River Delta region, promote the establishment of an integrated intellectual property protection mechanism for the Shanghai Zhangjiang and Hefei Comprehensive National Science Centers; strengthen the protection of intellectual property rights in strategic emerging industries such as new generation information technology, high-end equipment manufacturing, biotechnology, new energy, intelligent networked new energy vehicles, new materials, and future industries such as artificial intelligence, quantum information, deep space exploration, and life sciences.
