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Introduction to the Service Tax Partial Reverse Charge Mechanism
A new taxation scheme for the services sector that came into effect on July 1, 2012, states that both the service provider and the recipient of the service must now pay the requisite service taxes. Prior to this, the liability to pay such services tax was only born by either the service provider or the service recipient.
Shenzhen Initiates Commercial Registration Reform
The People’s Congress of Shenzhen Municipality passed the “Regulation on Commercial Registration in the Shenzhen Special Economic Zone (hereinafter referred to as the ‘Regulation’)” on October 30, 2012, which states that commercial registration authorities shall no longer collect commercial registration fees starting from March 1, 2013.
China Releases First Plan to Protect Environment from Toxic Chemicals
With the aim to improve the country’s environmental risk management capabilities, China’s Ministry of Environmental Protection (MEP) issued the “12th Five-Year Plan for Prevention and Control of Chemical Risks to the Environment (hereinafter referred to as the ‘Plan’)” on February 21, which is the country’s first plan to safeguard the environment against dangerous chemicals. In the Plan, the Chinese government has officially admitted the existence of “cancer villages” for the first time.
China Law Deskbook Legal Update – January/February 2012
Jim Zimmerman, the China managing partner of U.S. law firm Sheppard Mullin, is a good friend of China Briefing and is also both the Chairman Emeritus of Amcham China and the author of the China Law Deskbook – considered by many to be the bible of China law. Jim has recently introduced a regular update service to the China Law Deskbook and has kindly given permission for China Briefing to host it here.
China Forces Compulsory Insurance on Heavy Polluters
China’s Ministry of Environmental Protection (MEP) and the China Insurance Regulatory Commission (CIRC) jointly released the “Guiding Opinions on Carrying Out the Pilot Program on Compulsory Environmental Pollution Liability Insurance (huanfa [2013] No.10, hereinafter referred to as the ‘Guiding Opinions’)” on February 21, which forces heavily-polluting enterprises to join an environmental liability insurance system to ensure they can provide adequate compensation for any damages caused.
China Releases Intellectual Property Plan for Strategic Emerging Industries
China’s State Intellectual Property Office officially released the “2013 Intellectual Property Work Plan for Strategic Emerging Industries (hereinafter referred to as the ‘Plan’)” on February 18, which has been jointly prepared by 10 departments, including the National Development and Reform Commission, the Ministry of Education, and the Ministry of Science and Technology.
China Revises Computer Software Copyright Protection Regulations
China’s State Council released the “Decision on Revising the Regulation on Computer Software Protection (Order of the State Council No. 632)” on January 30, 2013, which increases the maximum fine imposed on certain copyright infringement actions from RMB50,000 to RMB200,000. Detailed information relating to the “Revised Computer Software Protection Regulation (hereinafter referred to as ‘Regulation’)” can be found below.
China Releases 12th Five-Year Plan for Energy Development
As part of China’s efforts to curb energy consumption and foster greener growth, the State Council released the “12th Five-Year Plan for Energy Development (guofa [2013] No. 2, hereinafter referred to as the ‘Plan’)” on January 1, 2013. The Plan summarizes China’s major achievements in energy development during the 11th Five-Year Plan (2006 to 2010) and sets out key development objectives for the industry during the 12th Five-Year Plan. Detailed information can be found below.
China Releases Interpretations on the Application of Law in Labor Disputes
The Supreme People’s Court of China released its “Interpretation on Several Issues Regarding the Application of Law in the Trial of Cases Involving Labor Disputes (IV) (fashi [2013] No. 4, hereinafter referred to as the ‘Interpretation’)” on January 18, 2013, clarifying several issues concerning the application of laws when labor disputes are brought to trial. Detailed information can be found below.
China’s First National Standard on Personal Information Protection to Take Effect
China’s first national standard on personal information protection, namely the “Guideline on Information Security Technologies for the Protection of Personal Information in Public and Commercial Service Information Systems (hereinafter referred to as the ‘Guideline’),” came into effect on February 1, 2013. The Guideline, which was officially released last November, is the first of its kind in China.
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