Zhongxin Jingwei Client October 1 ST (Dong Wenbo) Entering October, there will be not only eight days of small holidays, but also a number of policies and regulations that will affect your work and life. It is related to the implementation of 18 trillion new sales regulations in Public Offering of Fund, the ban on killing big data on online travel websites, the implementation of three new policies to reduce the burden of medical insurance in Beijing, and the increase of the highest reward for food safety reporting in Shanghai to 500,000 … … Let’s take a look!
New national regulations
The Measures for Complaints of Foreign-invested Enterprises was formally implemented.
The Measures for Complaints of Foreign-invested Enterprises (hereinafter referred to as the Measures) shall come into force as of October 1st. Compared with the Interim Measures for Complaints of Foreign-invested Enterprises formulated in 2006, the new Measures further improve the complaint system, with a more comprehensive scope of complaints, a more sound complaint mechanism, clearer complaint rules and a more powerful protection system for rights and interests.
The Measures consists of 5 chapters and 33 articles, which clarify that foreign-invested enterprises and foreign investors can apply to the complaint office for coordination and settlement if their legitimate rights and interests are infringed by administrative acts. The "Measures" stipulate that complaints do not affect the complainant’s right to file administrative reconsideration and administrative litigation according to law; Require the complaint office to take effective measures to protect the complainant’s business secrets, confidential business information and personal privacy; No unit or individual may suppress or retaliate against the complainant.
Public Offering of Fund’s new sales regulations related to 18 trillion yuan have landed.
On August 28th this year, the CSRC issued the Measures for the Supervision and Administration of Sales Organizations of Public Offering Securities Investment Funds (hereinafter referred to as the "Sales Measures") and its supporting rules, which will take effect on October 1st. The revision of the Sales Measures and supporting rules mainly strengthens the licensing access requirements for fund sales activities, optimizes the entry and exit mechanism of fund sales institutions, consolidates business norms and institutional control, and improves the supervision of independent fund sales institutions.
The "Sales Measures" stipulates that fund publicity and promotion materials must be expressed in clear language, and expressions that unilaterally emphasize the time limit of centralized marketing, such as quick purchase and good purchase opportunities, shall not be used; For the arrangement of product raising ceiling and proportional placement, it is not allowed to emphasize in different fonts or increase the font size, and it is not allowed to be used as a sales theme for marketing promotion.
Data Map: China Securities Regulatory Commission. Zhongxin jingwei photo
Legislative implementation of the first free trade zone in China
On September 1st, the first free trade zone legislation in China, the Regulations of Shenzhen Special Economic Zone on Qianhai Shekou Pilot Free Trade Zone (hereinafter referred to as the Regulations of Free Trade Zone) and the revised Regulations of Shenzhen Special Economic Zone on Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone were officially released, both of which came into effect on October 1st.
In the management mode of foreign investment access, in addition to the existing "pre-entry national treatment and negative list management", the Regulations on Free Trade Zone innovatively put forward the management mode of "non-violation and non-intervention". The regulations also stipulate that restrictions on the access of foreign investors in the fields of finance, modern logistics, information services, scientific and technological services, cultural services, professional services, medical and health care, etc. shall be gradually abolished or relaxed; Promote the negative list management of cross-border service trade between Hong Kong and Macao, and promote the full liberalization of service trade with Hong Kong and Macao.
Government operating expenses and government debts need to be disclosed to the public.
The revised Regulations on the Implementation of the Budget Law of the People’s Republic of China (hereinafter referred to as the "Regulations") was published by the Chinese government website on August 20, and will take effect on October 1. As the most important supporting regulations of the new budget law in 2015, the Regulations affect the fiscal revenue and expenditure management of 40 to 50 trillion yuan.
The "Regulations" stipulate that government debts, government operating funds, government procurement, and funds in special financial accounts are disclosed to the public in accordance with relevant regulations. In terms of local government debt balance, the Regulations clearly implement quota management, and the debt limits of provincial governments are approved by the State Council within the total limits approved by the National People’s Congress or its Standing Committee; The financial department shall establish and improve the evaluation index system of local government debt risk, put forward early warning to areas with high debt risk, and supervise the resolution of debt risk.
Online travel websites are not allowed to kill big data.
The Ministry of Culture and Tourism reported on August 31 that the Interim Provisions on the Management of Online Tourism Management Services (hereinafter referred to as the "Regulations") was deliberated and passed, and will come into force on October 1. In terms of operation, the Regulations put forward 16 specific contents, which require that online tour operators should protect tourists’ right to proper evaluation, and should not block or delete tourists’ evaluation of their products and services without authorization, and should not mislead, seduce, replace or force tourists to make evaluations, and the evaluations made by tourists should be preserved and made public.
At the same time, it is proposed that online travel operators should protect the data security of tourists’ personal information, and clearly indicate the purpose, method and scope of collecting tourists’ personal information in advance when collecting tourists’ information, and obtain the consent of tourists; Do not abuse big data analysis and other technical means, set unfair trading conditions based on tourists’ consumption records and travel preferences, and infringe on the legitimate rights and interests of tourists.
Data Map: Online Travel Platform. Zhongxin Jingwei Xue Yufei photo
Do not dump, pile up or scatter pesticide packaging wastes without authorization.
On October 1st, the Administrative Measures for the Recycling and Disposal of Pesticide Packaging Wastes (hereinafter referred to as the Measures) jointly promulgated by the Ministry of Agriculture and Rural Affairs and the Ministry of Ecology and Environment came into effect.
The "Measures" clarify that pesticide producers and operators should fulfill the corresponding obligation of recycling pesticide packaging waste in accordance with the principle of "whoever produces, manages and recycles". The Measures require that pesticide operators and pesticide packaging waste recycling stations (points) should strengthen the management and maintenance of relevant facilities, equipment and places, properly store the collected pesticide packaging waste, and shall not dump, pile up or scatter pesticide packaging waste without authorization. Measures should be taken to prevent environmental pollution when transporting pesticide packaging wastes, and pesticide packaging wastes should not be discarded or scattered. The means of transport should meet the requirements of rain-proof, leakage-proof and spill-proof.
Crude oil import is adjusted to a new mode of "first release and then inspection"
In order to further promote the "streamline administration, delegate power, strengthen regulation and improve services" reform, further optimize the port business environment and improve the level of trade facilitation, the General Administration of Customs decided to adjust the inspection and supervision mode of imported crude oil to "release it first and then inspect it", which will take effect on October 1.
"First release" means that after the imported crude oil meets the requirements through on-site customs inspection (information verification, sample preparation, etc.), the enterprise can carry out unloading and transshipment; "Post-inspection" refers to the laboratory testing and conformity assessment of imported crude oil. The imported crude oil subject to "release before inspection" can only be sold and used by enterprises after it has passed the customs inspection and issued a certificate.
New local regulations
Beijing: implementation of three new policies to reduce the burden of medical insurance
200 yuan is the highest penalty for individuals dumping construction waste at will.
On September 18th, Beijing Medical Insurance Bureau issued three new policies to reduce the burden of medical insurance, which are applicable to urban workers, urban and rural residents and other insured persons in Beijing, and were officially implemented on October 1st. The three new policies to reduce the burden include: including six diseases such as severe mental illness into the scope of special diseases in medical insurance clinics in this city; Increase the reimbursement varieties of drugs for special diseases in outpatient treatment of malignant tumors and renal dialysis; 9 kinds of precious drugs, such as Roxastat capsules, are paid in a fixed proportion.
In addition, Beijing announced the "Regulations on the Management of Construction Waste Disposal in Beijing" on August 7, 2008. If construction waste is dumped, scattered or piled up at will, the comprehensive law enforcement department of urban management shall order it to make corrections within a time limit, give a warning, impose a fine of more than 100,000 yuan and less than 1 million yuan on the unit, and impose a fine of less than 200 yuan on the individual who produces construction waste. The above provisions shall come into force as of October 1.
Shanghai: The highest reward for reporting food safety rises to 500,000.
Prohibition of non-degradable disposable plastic straws
On October 1st, the newly revised "Shanghai Food Safety Reporting Incentive Measures" was officially implemented. Calculate the reward amount by comprehensively considering the factors such as the value of the goods involved, the reward level and the degree of social influence, and improve the reward standard and the maximum reward ceiling. Reward standards at all levels are not less than 2000 yuan, 1000 yuan, 200 yuan; The maximum reward ceiling is raised from no more than 300,000 yuan to no more than 500,000 yuan.
Shanghai issued a "plastic restriction order" on September 29, and it will be implemented on October 1. The "Implementation Plan for Further Strengthening the Control of Plastic Pollution in Shanghai" issued by the Shanghai Municipal Development and Reform Commission and other ten departments proposes that by the end of 2020, non-degradable disposable plastic straws will be banned in the catering industry throughout the city; Non-degradable disposable plastic tableware is prohibited in catering service. Take the lead in prohibiting and restricting the production, sale and use of some plastic products in key areas such as restaurants, hotels, hotels and postal express delivery, and basically realize zero landfill of plastic waste.
Xi ‘an: Supervise the income and expenditure of the supervision account of "custody" leasing enterprises.
Xi ‘an Housing and Construction Bureau reported on August 20th that the Implementation Opinions on Supervision and Management of Housing Leasing Funds in Xi ‘an (for Trial Implementation) (hereinafter referred to as "Opinions") came into effect on October 1st, with a validity period of 5 years, aiming at standardizing the behavior of housing leasing enterprises, preventing the operational risks of housing leasing enterprises and ensuring the safety of housing leasing transaction funds. The "Opinions" clarify that "custody-type" leasing enterprises need to sign the "Agreement on the Supervision of Housing Leasing Funds" with commercial banks in Xi ‘an before conducting business, and the enterprises should open a special account for the supervision of housing leasing transaction funds in the supervision bank; The management department of the housing leasing industry will supervise the daily income and expenditure of the special account for supervision.
Data map: RMB. Zhongxin Jingwei Xiong Siyi photo
Zhejiang and Shenzhen: Large deposits and withdrawals need to be registered.
In order to regulate the use of large amounts of cash, the central bank decided to carry out large amount of cash management in Zhejiang Province and Shenzhen City on October 1 for a period of two years, with the starting point of private account management of 300,000 yuan and 200,000 yuan respectively; Previously, since July 1, personal deposits and withdrawals of more than 100,000 yuan in Hebei Province need to be registered. The starting point of the management amount of corporate accounts in the three places is 500,000 yuan (inclusive).
The central bank pointed out that in recent years, the volume of large cash transactions has continued to grow, and large cash withdrawal has become an important channel for circulating cash. In order to meet the needs of the current situation, China urgently needs to strengthen the management of large cash, curb unreasonable demand, and curb the use of large cash to commit crimes. As far as the public is concerned, as long as the registration obligations are legally fulfilled according to regulations, there is no restriction on the deposit and withdrawal of large amounts of cash.
Sichuan: More than 100 people in rural areas need to report two days in advance.
On September 2nd, the People’s Government of Sichuan Province reported that the Measures for the Safety Management of Rural Collective Dining in Sichuan Province (hereinafter referred to as the Measures) was issued, which will take effect on October 1st and be valid for 5 years. The "Measures" require that a report management system be implemented for rural collective dinners with more than 100 people per meal. The organizers or contractors of rural collective dinners should report to the township (town) people’s government (street office) in paper or electronic form two days before the collective dinners are held and fill out the "Report Form for Rural Collective Dinner".
Garbage classification is implemented in Changsha, Haikou, Sanya, Sansha and Danzhou.
The 19th meeting of the Standing Committee of the 13th Hunan Provincial People’s Congress, which closed on July 30th, passed the Changsha Municipal Domestic Waste Management Regulations (hereinafter referred to as the "Regulations"), which came into effect on October 1st. The "Regulations" divide Changsha’s domestic waste into recyclables, harmful waste, kitchen waste and other wastes; If the domestic garbage is not classified according to the provisions, the competent department of environmental sanitation shall order it to make corrections. If the circumstances are serious, the unit shall be fined between 50,000 yuan and 500,000 yuan, and the individual shall be fined between 50 yuan and 200 yuan.
On July 2nd, the People’s Government of Hainan Province issued the Implementation Plan for Domestic Waste Classification in Hainan Province. Haikou City, Sanya City, Sansha City and Danzhou City have fully implemented domestic waste classification since October 1st, and carried out classification management according to the "four classification" mode of "recyclables, harmful waste, kitchen waste and other wastes". By 2022, the domestic waste classification treatment system will be basically completed.
Data Map: Garbage classification. Zhongxin Jingwei Seimi Zhang photo
Sanya: The maximum penalty for illegal disposal of kitchen waste is 1 million yuan.
Hainan’s first local regulation on the management of kitchen waste, Sanya’s Regulations on the Management of Kitchen Waste, came into effect on October 1st. Among them, the kitchen waste producer fails to hand over the kitchen waste to the kitchen waste collection and transportation service enterprise that has obtained the service license, and the kitchen waste collection and transportation service enterprise fails to hand over the kitchen waste collected and transported to the disposal service enterprise that has obtained the service license for disposal, etc., and the local environmental sanitation department shall order it to make corrections, with a maximum fine of 1 million yuan. (Zhongxin Jingwei APP)
