Since February 2022, a large number of heavy new regulations will be implemented. Come and have a look with Zhongzheng Jun.
national new regulations
implement RCEP treaty tax rate for South Korea
The Tariff Commission of the State Council recently announced that the first year tax rate promised in the RCEP agreement will be implemented on some imported goods originating in South Korea from February 1, 2022. According to the agreement, the subsequent annual tax rate shall be implemented from January 1 of that year. After the entry into force of South Korea, it will help to give better play to the role of RCEP agreement, further strengthen regional economic and trade cooperation and promote mutual benefit and win-win results among members.
the qualification of applying for insurance agency business is further clarified
The measures for the implementation of administrative licensing and filing of insurance intermediaries issued by the cbcirc shall come into force as of February 1. The Measures specify that the applicant applies for the qualification of operating insurance agency business, and the registered capital is the paid in monetary capital, which is entrusted in accordance with the relevant provisions of the CBRC. The minimum registered capital of national insurance professional agencies is 50 million yuan, and the minimum registered capital of regional insurance professional agencies is 20 million yuan. The applicant’s shareholders shall meet the conditions that they are in good financial condition, have the ability to invest abroad with their own funds, and the capital contribution is self owned, true and legal. They shall not invest with bank loans and various forms of non self owned funds.
standardize the unified registration service of movable property and right guarantee
The measures for the unified registration of movable property and right guarantee issued by the people’s Bank of China shall enter into force as of February 1, and the measures for the registration of pledge of accounts receivable (order [2019] No. 4 of the people’s Bank of China) shall be abolished at the same time. The efficiency of market entities in handling the registration and inquiry of movable property and right guarantee will be improved. The unified registration system provides a “one-stop service” for the registration and inquiry of chattel and right guarantees. The guarantee types included in the scope of unified registration are registered online by the parties through the unified registration system, which takes effect immediately without the review of the registration authority. The parties only need to enter the name of the guarantor to query with one click, so as to understand in real time all the chattels and guarantee rights being publicized under the name of the guarantor.
network platforms with more than 1 million user information must apply for network security review
The measures for network security review jointly revised and issued by the state network information office and other 13 departments shall enter into force on February 15. The measures include the situation that the data processing activities carried out by network platform operators affect or may affect national security into the network security review, and it is clear that network platform operators with personal information of more than 1 million users must apply to the Network Security Review Office for network security review when they are listed abroad.
medical and health institutions should take the initiative to publish prices, charges and other information
The measures for the administration of information disclosure of medical and health institutions formulated by the National Health Commission, the State Administration of traditional Chinese medicine and the State Bureau of disease control and prevention shall come into force as of February 1. The Measures specify that medical and health institutions should take the initiative to disclose their basic profiles and public service functions; Organization Department distribution, personnel identification and identification guidance; Service content, key disciplines, medical technology access, service process and instructions of the institution; Service process information related to public health and disease emergency disposal; Medical insurance, price, charge and other service information; Information related to health science popularization and education; Bidding procurement information; Consultation and complaint methods, etc.
clear standards for major tax violations and dishonesty
The measures for the administration of information disclosure of major tax violations and dishonest subjects issued by the State Administration of Taxation shall go into effect as of February 1. The measures clarify the criteria for determining the “main body of major tax violations and dishonesty”, increase the amount of tax evasion from 100000 yuan to more than 1 million yuan, and increase the amount of falsely issued ordinary VAT invoices to more than 4 million yuan. At the same time, the tax related parties who fail to pay or underpay the tax withheld or collected and the amount is more than 1 million yuan, illegally provide convenience to taxpayers and withholding agents, resulting in the failure to pay or underpay tax of more than 1 million yuan, or defraud the state of export tax refund, As well as tax agents who cause taxpayers to fail to pay or underpay more than 1 million yuan of tax, four types of tax illegal subjects are included in the scope of dishonest subjects.
enterprise environmental information disclosure should be easy to understand
The standards for the format of legal disclosure of enterprise environmental information issued by the Ministry of ecology and environment shall go into effect as of February 8. The standards stipulate the contents and formats of annual environmental information disclosure report and temporary environmental information disclosure report. At the same time, it is stipulated that when changing the disclosed environmental information, the content and main basis of the change shall be disclosed. The guidelines strengthen the standardization of environmental information disclosure, requiring that the information should be true, accurate and objective, and the language and expression used should be easy to understand and easy for the public to understand.
public enterprises and institutions such as water supply, gas supply and heating should set up information disclosure consultation windows
The Ministry of housing and urban rural development recently revised and issued the implementation measures for information disclosure of public enterprises and institutions such as water supply, gas supply and heating (jCG [2021] No. 4), which will come into force on February 1, 2022. The implementation measures for information disclosure of public utilities such as water supply, gas supply and heating (JC [2008] No. 213) shall be abolished at the same time. The new version of the measures stipulates that for information that belongs to the scope of active disclosure, the competent departments of urban water supply, gas supply and heating of local people’s governments at or above the county level shall urge public enterprises and institutions to clearly list the disclosure contents and time limit requirements in the form of a list. In principle, it shall be disclosed within 20 working days from the date of formation or change of the information, and shall be dynamically adjusted according to the actual situation. Emergency information shall be disclosed immediately. If laws, regulations and relevant provisions have other provisions on the time limit of information disclosure, such provisions shall prevail.
the new version of the provisions on agricultural administrative punishment procedures was officially implemented
The Ministry of agriculture and rural areas revised and issued the provisions on agricultural administrative punishment procedures, which will be officially implemented from February 1, 2022. The provisions on agricultural administrative punishment procedures issued by the Ministry of agriculture and rural areas on January 14, 2020 will be repealed at the same time. The newly revised provisions on agricultural administrative punishment procedures mainly revised the provisions in the original provisions that do not comply with the new administrative punishment law, adjusted the scope of application of agricultural administrative punishment procedures, refined the procedural rules of agricultural administrative punishment cases from filing, investigation and evidence collection, sealing up and seizure to delivery and execution, and revised the applicable rules and review conditions of agricultural administrative punishment, We have improved mechanisms for linking administrative punishment with criminal justice.
local new regulations
Wuhan: strengthen credit supervision, and developers who hype school district houses will be deducted
Wuhan, Hubei Province, will implement the new measures for credit supervision of real estate development enterprises in Wuhan from February 1. Compared with the original method, the new method lists 65 credit information deduction cases, 18 more than the old method.
Among them, the new method clearly stipulates that developers use educational resources to attract property buyers: hype house prices in the name of school district housing, publicize or use school names, image signs and other school related contents that are still under planning or construction in the promotion of commercial housing projects, And the use of “famous school”, “degree room”, “University room”, “index room” and other words that violate the principle of fairness in compulsory education and mislead buyers’ market expectations will be deducted by 5 points.
Hangzhou: implementation of local government regulations on real estate registration in the country’s first provincial capital city
Several provisions of Hangzhou Municipality on real estate registration will come into force on February 1. This is the first real estate registration regulation issued by the local government in Zhejiang and the provincial capital cities in China. In addition to further clarifying the operational norms of real estate cancellation registration, advance notice registration, correction registration, objection registration, seizure registration and other matters, the provisions on registration also focus on solidifying the certification of Hangzhou underground pipe gallery, the liability insurance system of real estate registration, and jointly cracking down on illegal registration A series of practical innovations in real estate registration, such as the establishment of registration convenience service points in banks, notaries and other institutions.
Yinchuan: raise the income standard of families applying for housing security
According to the provisions of the administrative measures of Yinchuan City on urban housing security, Yinchuan city will adjust the income standard of families applying for housing security in 2022 from February 1. Families applying for housing rental subsidies are the minimum living security objects of urban residents in three districts under the jurisdiction of Yinchuan city; Applying for the qualification of renting public rental housing and purchasing affordable housing, the per capita monthly income of families is 1.3 times lower than the per capita monthly disposable income of cities and towns in the previous year, that is, it is adjusted from 4270 yuan in the previous year to 4595 yuan; The per capita monthly income of families applying for the purchase qualification of limited price commercial housing is 1.5 times lower than the per capita monthly disposable income of cities and towns in the previous year, that is, it is adjusted from 4927 yuan in the previous year to 5301 yuan.
Jiangsu: do not over collect personal information
The measures of Jiangsu Province on public data management will come into force on February 1, 2022. The measures stipulates that the competent department of public data shall uniformly exercise the responsibility of public data management on behalf of the people’s government at the same level. The collection of public data involving personal information shall be limited to the minimum range for the purpose of processing, and shall not be over collected; If the public data can be collected through the public data platform, the repeated collection and multi head collection are not allowed. The data of natural persons shall be identified by the ID card number, and the data of legal persons and other organizations shall be identified by the unified social credit code. \u3000\u3000
