China Commercial Regulatory Summary April – June
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China Commercial Regulatory Summary April – June 2020 A quarterly summary of the key Chinese policies affecting UK business This product aims to inform new and expanding UK businesses selling to or located in China about the commercial regulatory issues most likely to affect them. We are providing factual information rather than analysis. All feedback welcome. Summary: In Q2, the Chinese government resumed regular policy work as the spread of Covid-19 was brought under control. The annual “Two Sessions” meeting was held, followed by the issuance of a shortened Foreign Investment Negative List (FINL), new business environment measures and more reforms on Intellectual Property. At a sector level, we saw further market openings in education and financial services. The British Chamber of Commerce in China also launched its 2020 Position Paper which assesses the key challenges faced by British firms in China. CROSS-CUTTING POLICIES: On 29 May, China’s Premier Li Keqiang delivered the annual Work Report during the opening of the National People’s Congress Two Sessions (两会 – LiangHui). Alongside the Work Report, the National Development and Reform Commission (NDRC) published the 2020 Draft Plan for National Economic and Social Development. The two Reports give an overview of the government’s performance against its objectives in 2019, and highlight key tasks for 2020. Trade and investment feature prominently throughout; China pledged to issue new FINLs, a Cross-border Trade in Services Negative List, revise the Government Procurement Law, issue new guidelines on Fair Competition and release a new Masterplan on Hainan Free Trade Port. Read the full report here (CN/EN). On 24 June, China officially launched the 2020 Foreign Investment Negative Lists, reducing both the Free Trade Zone and Nationwide lists by 7 items (to 30 and 33 items respectively). In the new nationwide FINL, foreign ownership caps in securities, fund management, futures and life insurance companies have been removed. Further, foreign investors will be allowed to: 1) hold majority shares in commercial vehicle manufacturing companies; 2) invest in nuclear fuel and the processing and melting of radioactive minerals and 3) invest in air traffic control. Limits on foreign ownership in the water supply and drainage network industry (in cities where the population is over 500,000) have been removed. And specific to Free Trade Zones (FTZs), wholly foreign-owned institutions for vocational education will now be permitted. For the first time, China has also added a waiver mechanism which states that “with the State Council’s approval, certain investment could be exempted from restrictions in the FINLs”. Both the nationwide and FTZ FINLs will take effect from 23 July. Read the national FINL here (CN), the FTZ FINL here (CN), and the news coverage here (EN). On 1 June, China released a Hainan Free Trade Port Development Plan, pledging to issue a Hainan-specific FINL and a Special Market Access Relaxation List for Hainan. Read the Plan here (CN) and the news coverage here (EN). On 21 July, the State Council issued the ‘Implementing Measures on Further Improving the Business Environment’. Building on China’s landmark ‘Optimising Business Environment Regulation’ which sets a framework for improving business environment, the new measures outline next steps and assign responsibilities. Key measures include: 1) calls to unify all required licences for each sector (or sub-sector) and promoting cross-region recognition of licences; 2) explore removing the licences required for operating medical clinics; 3) expediting the approval of innovative medical devices; 4) expanding access to government data in the healthcare industry; 5) shortening trademark registration times to within 4 months; and 6) setting up mechanisms to evaluate policies and deal with company complaints. Read the measures here (CN) and a summary here (EN). On 18 June, MOFCOM published new ‘Draft Regulations on Foreign Strategic Investments in Listed Companies’. The revision lowered asset requirements and reduced the lock-up period for foreign shareholders, making it easier for foreigner investors to invest in Chinese listed companies. Read the draft here (CN) and the news coverage here (EN). On 20 April, China National Intellectual Property Administration (CNIPA) published ‘Guidelines on Strengthening IP Protection’. The Guidelines contain 133 items, including the instruction to establish a resolution system for drug patent dispute cases and the publication of new judicial guidelines on fighting against online infringement and counterfeiting. Read the Guidelines here (CN) and commentary here (EN). On 30 April China’s legislature (National People’s Congress) published draft amendments to its Copyright Law after 8 years of redrafting. This draft incorporates provisions around protection for audio-visual works and shifting the burden of proof away from rights owners on to infringers. Read the draft here (CN) and key changes here (EN). On 30 June, China’s legislature National People’s Congress (NPC) approved the National Security Law (NSL) for Hong Kong. Businesses in Hong Kong are working through what this broadly drafted legislation means for their operations, both in Hong Kong and internationally. Read the Law here (CN) and a commentary here (EN). SECTORS: FINANCE On 14 May, the People’s Bank of China (PBOC), China Banking and Insurance Regulatory Commission (CBIRC), China Securities Regulatory Commission (CSRC) and State Administration of Foreign Exchange (SAFE) jointly released ‘Opinions on Providing Financial Support for the Development of Guangdong-Hong Kong-Macao Greater Bay Area’. The Opinions include 26 measures in five areas: 1) facilitating cross-border trade and investment; 2) expanding financial opening; 3) enhancing the integration of financial markets and financial infrastructure; 4) encouraging financial innovation; and 5) controlling financial risks. Read detailed measures here (CN) and the news coverage here (EN). On 7 May, PBOC and SAFE jointly issued ‘Regulations on Overseas Institutional Investments into Chinese Domestic Securities and Futures’. Qualified Foreign Institutional Investor (QFII) and RMB Qualified Foreign Institutional Investor (RQFII) investment quotas will be removed. Requirements on the remittance and repatriation of funds, as well as currency exchanges by foreign institutional investors will also be relaxed. Read the announcement here (CN) and here (EN). On 27 May , the State Financial Council Stability and Development Committee (FSDC) pledged to release 11 financial reform measures. This will include further opening up of the credit rating sector and promoting the development of the panda bond market. Read the measures here (CN) and the news coverage here (EN). TECHNOLOGY On 27 April, the Cyberspace Administration of China (CAC), the Ministry of Industry and Information Technology (MIIT) and a further 10 authorities published the ‘Cybersecurity Review Measures’, an important set of rules that lay out security review procedures for the procurement of technology-related products and services by so-called “critical information infrastructure” (CII) operators. The Measures came into force on 1 June 2020. Read the Measures here (CN) and the news here (EN). On 5 May, MIIT released a ‘Notice of a Pilot Plan to Open Up Value-Added Telecommunications Services (VATS) in Free Trade Zones’. While the service scope of those providing internet access services will be limited to the free trade zone, other types of VATS services can be provided nationwide. Read the Notice here (CN). On 9 April, the State Council released ‘Opinions on Optimising the Market-based Allocation Mechanism of Production Factors’, which designated data as a new factor of production, alongside land, labour, capital and technology (EN/CN). On 11 May, the State Council published ‘Opinions on Accelerating the Socialist Market Economy in the New Era’, which promotes the development of data sharing, standards and digital government, while protecting personal information (EN/CN). Various data-related measures have also been released at the city and provincial level, including in Shenzhen (CN), Tianjin (CN), Zhejiang (CN) and Hainan (CN). HEALTHCARE AND PHARMACEUTICALS In March and April, China’s Ministry of Commerce (MOFCOM), General Administration of Customs (GACC) and National Medical Products Administration (NMPA) issued the ‘Notice on Regulating the Export of Medical Supplies’ (‘Notice 5’) and the ‘Notice on Further Regulating the Export of Epidemic Prevention Materials’ (‘Notice 12’) to standardize the export of PPE and medical supplies. According to these rules, before exporting, medical exporters should either register their products with the NMPA (if they meet Chinese standards) or with the China Chamber of Commerce for Import & Export of Medicines and Health Products (CCCMHPIE). Read Notice 5 here (CN), the news coverage here (EN); and Notice 12 here (CN), the news coverage here (EN). AUTO On 22 June, China’s Ministry of Industry and Information Technology (MIIT) released the Decision to Amend “Passenger Vehicle Corporate Average Fuel Consumption (CAFC) and New Energy Vehicle (NEV) Dual-Credit Scheme” This will amend China’s existing Dual Credit Policy introduced in 2018, and will come into force on 1 January, 2021. Notable aspects of the Decision include the setting out of NEV and CAFC credit targets from 2021-23, the introduction of a new “low-fuel consumption” vehicle category, and allows greater flexibility of