The bell of the new year is about to ring, bringing us a new atmosphere of the rule of law. From foreign investment and land management to online car hailing and medical insurance & hellip& hellip; The rule of law affects all aspects of the national economy and the people's livelihood. Let's take stock together. What new regulations will be implemented that you are most concerned about?
Foreign investment law promotes a higher level of opening to the outside world
The foreign investment law shall come into force as of January 1, 2020. This is the first unified basic law in the field of foreign investment in New China.
According to this law, the State implements the pre admission national treatment plus negative list management system for foreign investment; Foreign invested enterprises shall be equally applicable to various policies of the state to support enterprise development according to law; The state guarantees the equal participation of foreign-invested enterprises in the formulation of standards according to law; The state guarantees that foreign-invested enterprises participate in government procurement activities through fair competition according to law; The state protects the intellectual property rights of foreign investors and enterprises with foreign investment.
At the same time, the State Council is speeding up the formulation of the implementation regulations of the foreign investment law, and the relevant departments are also speeding up the formulation of supporting regulations to ensure the smooth implementation of the foreign investment law.
Business environment optimization is guaranteed by the system
The regulations on optimizing the business environment will come into force on January 1, 2020. This regulation turns the policies, measures, experiences and practices related to optimizing the business environment in recent years into a legally binding institutional norm of the whole society, marking a new stage in the construction of China's system for optimizing the business environment.
The regulations focus on solving the pain points, difficulties and blocking points in the production and operation activities of market subjects, and strive to implement the fair treatment of market subjects.
For example, the regulations specify that all regions and departments should strictly implement various national tax reduction and fee reduction policies, ensure that the tax reduction and fee reduction policies comprehensively and timely benefit market entities, strictly restrict the establishment of enterprise related fees, and effectively reduce the operating costs of market entities. Clearly encourage and support financial institutions to increase support for private enterprises and small and medium-sized enterprises, reduce the comprehensive financing cost of private enterprises and small and medium-sized enterprises, and shall not set discriminatory requirements for private enterprises and small and medium-sized enterprises.
Classified management will be implemented in the field of passwords
From January 1, 2020, the password law will come into force. This Law fills the legal gap in the field of cryptography in China and further improves the national security legal system.
This law divides passwords into core passwords, ordinary passwords and commercial passwords, and implements classified management. Core password and ordinary password are used to protect state secret information and secret related information systems, while commercial password is used to protect information that is not state secret, covering important fields such as finance and communication, taxation, social security, transportation, health, energy, e-government and so on.
In addition, cryptography law also pays attention to the connection with relevant laws such as network security law.
Land management to achieve innovative management
The revised Land Management Law shall enter into force as of January 1, 2020.
The new land management law has made a number of innovative provisions. For example, the public interest of land expropriation is clearly defined for the first time, and land expropriation can be implemented in accordance with the law if it is really necessary to expropriate land in six cases, such as infrastructure construction, public welfare undertakings, poverty alleviation and relocation and indemnificatory housing projects organized and implemented by the government; In terms of entering the market of collective operational construction land, the restriction that collective construction land cannot enter the market directly has been abolished; In terms of homestead, the provision that households have homes has been added to allow rural villagers who have settled in the city to voluntarily withdraw from the homestead with compensation, but the local government cannot force farmers to withdraw.
The law replaces the original "basic farmland" with the expression of "permanent basic farmland", and will form an overall control framework of three control lines: ecological red line, permanent basic farmland and urban development boundary through the preparation of unified and brand-new land and space planning.
Judicial interpretation ensures that administrative organs fulfill their policy commitments
The administrative organ shall bear legal responsibility for breaking the contract on the grounds of the change of government. According to the provisions of the Supreme People's Court on Several Issues concerning the trial of administrative agreement cases implemented on January 1, 2020, those who breach the contract and violate their legitimate rights and interests on the grounds of government change and leadership replacement shall bear legal and economic responsibilities. If it is necessary to change the government commitment and contract due to national interests, public interests or other legal reasons, the property losses suffered by the enterprise and the investor shall be compensated according to law.
This judicial interpretation makes it clear that agreements with rights and obligations in administrative law concluded by administrative organs in consultation with citizens, legal persons or other organizations in order to achieve administrative management or public service objectives belong to administrative agreements stipulated in the administrative procedure law. Where a citizen, legal person or other organization, as the plaintiff, brings an administrative lawsuit with an administrative organ as the defendant due to a dispute over the conclusion, performance, modification or termination of an administrative agreement, the people's court shall accept it according to law.
The price adjustment of online car Hailing platform shall be announced at least 7 days in advance
As online car Hailing has gradually become a common way of travel, the price of some online car Hailing platforms has aroused public opinion doubts. The opinions on deepening the price reform of road transportation implemented on January 1, 2020 makes it clear that the adjustment of pricing mechanism or dynamic price increase mechanism of online car Hailing platform companies should be announced to the public at least 7 days in advance.
The opinion emphasizes that the online car Hailing platform company should actively disclose the pricing mechanism and dynamic price increase mechanism, publish the freight structure and pricing and price increase rules through the company's website and mobile Internet application (APP), keep the price increase standard reasonable and relatively stable, ensure that the settlement bill is clear, standardized and transparent, and accept social supervision.
More drugs included in the medical insurance catalogue
The new version of the catalogue of drugs for national basic medical insurance, industrial injury insurance and maternity insurance will be officially implemented from January 1, 2020.
A total of 2709 drugs were included in the new catalogue. Compared with the 2017 edition, 218 drugs were transferred in and 154 drugs were transferred out, a net increase of 64. 70 new drugs were included in the national medical insurance drug catalogue, and the price decreased by an average of 60.7%.
It is reported that a variety of selected drugs are new drugs with high clinical value in recent years. They include cancer, rare diseases, hepatitis, diabetes, multi drug resistant tuberculosis, rheumatic immunity, cardiovascular, digestive and other fields. Among them, the average price decline of three new hepatitis C drugs is more than 85%, which will greatly change the dilemma that there was no drug available and can not afford to use drugs before hepatitis C treatment in China.
Tariffs on frozen pork and other imported goods will be reduced
According to the notice issued by the office of the Tariff Commission of the State Council, from January 1, 2020, China will implement the provisional import tax rate lower than the MFN tax rate for more than 850 commodities.
Among them, in order to better meet the people's living needs, moderately increase the import of daily consumer goods that are relatively scarce in China or have foreign characteristics, and increase or reduce the temporary import tax rate of frozen pork, frozen avocado, non frozen orange juice and other commodities; In order to reduce the cost of drugs and promote the production of new drugs, zero duty is applied to the alkaloids and the raw materials for the production of new type diabetes treatment drugs.
In addition, according to the trade agreements or preferential tariff arrangements signed between China and relevant countries or regions, in addition to the agreed tax rates previously approved and implemented by the State Council, China and New Zealand, Peru, Costa Rica, Switzerland, Iceland, Singapore, Australia, South Korea, Chile, Georgia Pakistan's bilateral trade agreements and the Asia Pacific trade agreement further reduced the agreed tax rate.
Games and entertainment equipment shall not publicize gambling and other contents
In recent years, some video game entertainment places have appeared 'high imitation' slot machines and other equipment, causing parents' concerns. The measures for the management of game and entertainment equipment implemented on January 1, 2020 clearly stipulates that game and entertainment equipment shall not have or disguise gambling functions such as charging points, refunding points, refunding coins, refunding steel balls, and shall not be set in the form of magnification in the form of small and broad. Slot machines, turntable machines, horse racing machines and other game and entertainment equipment whose results are automatically determined by the system are also prohibited. The measures encourage enterprises to develop and produce game and entertainment equipment with independent intellectual property rights, reflecting the national spirit, healthy content, sports experience, skill training, intellectual education, parent-child interaction and other functions.
Game and entertainment equipment manufacturers and importers shall establish a self audit management system for the content of game and entertainment equipment, allocate full-time content auditors, and strengthen the self audit of the content of game and entertainment equipment.