--- SEARCH ---
Learning Chinese
Learn to Cook Chinese Dishes
Exchange Rates
Hotel Service
China Calendar

Hot Links
China Development Gateway
Chinese Embassies

New Laws, Regs Effective from Jan. 1

On New Year’s Day 2005, 88 judicial interpretations, laws and regulations came into effect. Forty-seven of them are applied nationwide, and 41 at local levels. The newly implemented rules apply to a wide range of areas, touching on nearly every aspect of life.


The seven regulations related to China’s World Trade Organization commitments are grabbing a great deal of attention. These apply to the insurance, automobile, petroleum and auction sectors.


The General Administration of Customs is opening new channels for invoking the right of relief with an interim rule concerning the appellate process. It is also implementing three other new regulations.


The Supreme People’s Court is now applying five new judicial interpretations, primarily concerning contracts, property ownership and workers' rights.


Four regulations involving food, including the Pesticide Production Management Rules, will help to ensure product safety from field to dining table. Another three rules apply to the rational and safe use of water resources.


The People’s Bank of China, State-owned Assets Supervision and Administration Commission (SASAC) and State Administration for Industry and Commerce are each promulgating regulations to improve oversight of the securities industry, state-owned enterprises and the advertising sector.


The Ministry of Communications, which is also responsible for managing the nation's roads and highways, now has four regulations geared toward strengthening its authority over subordinate and local units to address quality and corruption problems.


The hairdressing industry is seeing major changes, with operator certifications and price lists now mandated.


The 47 state-level laws, regulations and judicial interpretations are:


Promulgation Body



State Council

Certification of Import and Export Goods' Origin

Establishes procedures for determining and recording place of origin of import/export goods, and penalties for violators

State Council, Central Military Commission

PLA Implementation of Regulation of Medicine Management

To regulate medicine supply to armed forces and improve army’s medicine supervision and management

State-owned Assets Supervision and Administration Commission

Management of State-Owned Enterprises’ Development Strategy and Plan (Trial)

Development strategies of central government SOEs must be recorded with SASAC

Enterprises’ State-owned Assets Property Rights Registration

SOEs, state shareholding companies, enterprises involving investment from SOEs or solely-state-funded companies, or other kinds of enterprises possessing state-owned assets, must properly apply for state-owned assets property rights registration

Supreme People’s Court

Provisions of the Supreme People’s Court on Delivery of Civil Court Documents

All parties to any civil trial must provide their mailing address to the court

Interpretation of the Supreme People’s Court on Handling Construction Project Contract Disputes

Illegal subcontracts issued by construction contractor are null and void. Migrant workers can directly sue the original contract holder if their wages are not paid on time.

Provisions of the Supreme People’s Court on Property Seizure, Detention and Freezing in Civil Judgments

Eight types of property considered essential to life may not be seized.

Provisions of the Supreme People’s Court on Property Auction and Sales in Civil Judgments

Auction is given priority in disposal of seized or frozen property. Provides three methods of evaluating and selecting auctioning unit. Court may not appoint the auctioning unit.

Interpretation of the Supreme People’s Court on Handling Technological Contract Disputes

Clarifies ownership of institution or individual technological achievement and level of court for trial of technological contract cases.

Ministry of Commerce

Temporary Administrative Rules on Beauty Industry

Beauty operators must post fixed prices.

Temporary Rules on Management of Commercial Oil Market2004


Collective enterprises may operate wholesale and retail businesses; the two petroleum groups may not hold shares in newly established gas stations.

Auction Management (2004)

Auction enterprises failing to obtain auction or business taxation certification within six months will have business license revoked; responsible commerce unit will revoke auction approval certificate.

Implementing Rules on Issuance of Automatic Import License for Automobiles and Related Products

Detailed rules for replacement of quota system with license issuing system.

General Administration of Customs

Rules on Inspection and Management of Customs Clearers and Ratings

Customs clearer will be penalized for failure to follow regulations in completing customs documents, violation of customs supervision rules or involvement in smuggling.

Temporary Rules on Appellate Procedure

Citizens, legal entities or other organizations holding exception to administrative action but not having applied for administrative reconsideration or proceedings, or disagreeing with administrative reconsideration but not having applied for administrative proceedings within the statutory limit, may file appeals directly to Customs.

Rules on Management of Transport Enterprises, Vehicles and Drivers Transporting Customs-controlled Commodities on Domestic Roads (Revised in 2004)

Transport enterprises and vehicles must be registered with applicable customs entity. Drivers need not register but records of employment must be maintained.

Regulations on Substantial Change Criteria Affecting Preferential Treatment of Import/Export Goods

Clarifies the criteria constituting substantial change in import and export goods.

Ministry of Agriculture

Provisions on Veterinary Medicine Registration

Differentiates new veterinary medicine registration from registration of imported veterinary medicine.


Provisions on Management of Veterinary Medicine Product Ratification Number

Veterinary medicine makers must obtain ratification number from the Ministry of Agriculture before producing goods.

China Securities Regulatory Commission; China Banking Regulatory Commission

Provisions on    Management of Securities Investment Fund Trusteeship

Lower standards for establishment of securities investment fund trusteeship, allowing more banks to enter business

People’s Bank of China (PBOC)

Adjustment of Domestic Currency Export Ceiling

Cross-border currency flow increased from 6,000 yuan to 20,000 yuan fir Chinese citizens or foreigners exiting or entering the country


Management of Foreign Exchange Deposits Reserve Fund in Financial Institutions

Financial institutions must deliver the foreign exchange deposit reserve fund into the special account of PBOC by January 15, 2005; reserve fund rate for foreign exchange deposits unified at 3%

China Insurance Regulatory Commission (CIRC)

Management of Insurance Agencies (2004)

Addresses protection of insurer's and insured's interests; improves and strengthens supervision; enhances parent company control of agencies

Management of Insurance Brokers

Reduces registered capital requirement for limited company

Insurance Administration Disclosure Regulation

Establishes systems for disclosure of important information affecting the industry by commission and subordinate departments

National Development and Reform Commission, State Grain Administration, Ministry of Finance, Ministry of Health, State Administration of Industry and Commerce, State Administration of Quality Supervision, Inspection and Quarantine

Temporary Rules on Supervision and Examination of Grain Circulation

Establishes penalties for illegal dealing in grain

National Development and Reform Commission

Pesticide Production Management (2004)

Improves supervision and management of pesticide production; shortens approval period for opening a pesticide and related goods production enterprise

State Administration of Industry and Commerce (SAIC)

Management of Advertising Licenses

Application for advertising license needs media or method to directly publish the ad.

Management of Print Advertisement (Revised 2004)

Regulates the issuance of print media ads in general and in specific forms.

Implementation of Advertisement Administration Regulations (2004 Revision)

Establishes qualification and licensing requirements for advertising industry, and penalties for violators

Temporary Rules for Hong Kong/ Macao Service Provider Doing Brand Agent Businesses on Mainland

Hong Kong and Macao service providers may serve as agents for brand registration on mainland through joint, cooperative or solely-funded ventures

State Administration of Taxation

Overdue Tax Notification (Trial)

Taxation units will regularly publish information concerning overdue taxes of taxpayers in taxation workplace or news media such as radio, TV, newspaper, magazine or Internet.

Ministry of Personnel

Professional and Technical Qualification Examination Violations

Defines actions and penalties for examinees and employees who violate rules

Ministry of Information Industry

Lightning Protection and Safety Management for Communications Networks

Telecommunication operators who fail to report or provide false reports of incidents, or whose failure to install lightning protection equipment leads to serious consequences, will take legal responsibility

Ministry of Water Resources

Management of Yellow River Estuary

Establish responsibility for development and management of estuary area; establish detailed rules for development and use of Qingshuigou River Channel and Diaokouhe Old River Channel

Supervision and Management of Waste Water Outlets

Tightens approval requirements for industrial wastewater outlets; strengthens supervision and inspection of discharge into rivers.

State Administration of Work Safety, State Administration of Coal Mine Safety

Management of Safety Evaluation Institutions

Institutions or individuals engaged in safety evaluation must hold qualification certificate

State Energy Regulatory Commission

Hydropower Station Dam Management and Operation

Strengthens management and supervision of hydropower station dam operations

Ministry of Communications

Communication Administrative Licensing Procedures

Hearing notices must be made public for at least 10 days. Any institution or individual may report irregular or illegal actions of communication administrative licensing unit.

Supervision, Inspection and Responsibility of Communication Administrative License

Communication Industry Auditing2004

Strengthens administrative supervision of communications departments to address quality and corruption problems project construction.

Management of Science and Technology

Encourage scientific and technological innovation; enhance management, inspection and approval of projects

Asphalt Road Surface Construction Technology


Road Engineering Quality Inspection and Assessment Standard


Roadbed Design Criteria


National Development and Reform Commission

67 trade standards


State Food and Drug Administration

24 trade standards for medical instruments



The Rules and Regulations at Local Levels:


Promulgation Unit



Implementation of PRC Animal Epidemic Prevention Law

Implementation of PRC Road Traffic Safety Law

Management of Animals Used in Experiments (2004 Revision)

Jilin Province

Management of Rural Roads

Meteorological Regulations

Regulations on Promoting the Development of Scientific and Technological Enterprises


Unified Procedures for Investigation and Administration of Penalties in Culture Sector

Jiangsu Province

Salary Payment Regulation

Implementations of PRC Road Traffic Safety Law

Nanjing City, Jiangsu Province

Funeral and Interment Management Regulations for Minority Ethnic Groups Such as Hui

Suzhou City, Jiangsu Province

Suzhou Watercourse Management

Xuzhou City, Jiangsu Province

Xuzhou Sea Route Management

Zhejiang Province

Rules Ensuring Township Low Rent Housing Availability

Management of Provincial Maps

Regulations on Farmers' Professional Cooperation

Hangzhou City, Zhejiang Province

Management of Environment Protection in Service Sector

Anhui Province

Implementation of PRC Fishery Law (2004 Revision)

Huainan City, Anhui Province

Lightning Damage Prevention Regulations

Fujian Province

Ethnic and Folk Culture Protection

Females Worker Protection

Jiangxi Province

Implementation of Administrative License Supervision

Management of Mining of Regulated Minerals

Regulations Delineating People’s Congress Standing Committee Participation and Decision-making Authority in Major Events

Ancient and Famous Tree Protection

Nanchang City, Jiangxi Province

Establishment and Management of People’s Aerial Defense

Nanchang Economic and Technological Development Zone Regulations

Jinan City, Shandong Province

Regulations on Conferring Title as Honorary Citizen

Management and Control of Fireworks

Zhengzhou City, Henan Province

Temporary Regulation on Basic Medical Insurance for Township Employees (Illnesses Covered and Management of Participating Clinics)

Temporary Regulations on Medical Insurance Coverage of Serious Diseases in Retirees from Bankrupt or Troubled Zhengzhou State-owned Enterprises

Hunan Province

Management of Construction Project Costs

Shenzhen City, Guangdong Province

Management of Institution Staff Members (Trial)

Temporary Regulations on Institution Staff Members’ Social Security

Guizhou Province

Animal Epidemic Prevention

Poverty Relief Fund Auditing

Management of Forest Seedlings

Regulations Concerning the Rights and Interests of Outside Investors

Yunnan Province

Network and Information System Security Supervision

Shaanxi Province

Private Education Regulations

Qinghai Province

Temporary Regulations Controlling Gathering of Caterpillar Fungus

Temporary Regulations on Provision for Five-Guarantee Households* in Agricultural and Pastoral Areas

*"Five-guarantee households" are those comprising of old people without children, orphans or handicapped people who are unable to work and without financial resources. Collective units provide their food, clothing, housing, medical care, funeral expenses (or schooling for orphans).


(Chinacourt.org January 4, 2005)

Farmers Can Expect Legal Protection
New Laws Take Effect on July 1
Print This Page
Email This Page
About Us SiteMap Feedback
Copyright © China Internet Information Center. All Rights Reserved
E-mail: webmaster@china.org.cn Tel: 86-10-68326688