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PRC Law Express (KooFa 4th 2017)

 

P.R.C. Law Express

2017 4th Periodical

 

u  Opinion on Promoting Electronic Business License of Enterprises by State Administration for Industry and Commerce (hereinafter referred to as “Opinion”)

The Opinion was issued on April 11, 2017.

The Opinion issued by State Administration for Industry and Commerce outlines the following requirements for administrative authorities for industry and commerce at all levels. First, these administrative authorities shall cooperatively establish a nationwide system for regulating and managing the issues relating to electronic business license of enterprises. Second, these administrative authorities shall actively promote the application of electronic business license in online government services and online commerce. Third, these administrative authorities shall put greater effort in constructing security protection system of electronic business license. Fourth, these authorities should ensure proper upgrading of electronic business license in pilot areas.

By further improving business environment and promoting convenience in business registration, the Opinion shows the effort of the State Administration for Industry and Commerce in transforming government functions and reforming commercial systems.

 

u  Notice on Adjusting Retirees’ Basic Pensions in 2017 by Ministry of Human Resources and Social Security and Ministry of Finance (hereinafter referred to as “Notice”)

The Notice was issued on April 13, 2017.

The Notice was issued collaboratively by the Ministry of Human Resources and Social Security and Ministry of Finance. Its main content includes four main aspects: first, the target group. The Notice makes adjustment on those retirees who have completed legal retirement procedure by December 31st, 2016 and begun enjoying monthly pensions. Second, the scope of adjustment. As the Notices clarifies, the adjusted average monthly pensions shall be no more than 5.5 percent above or below the previous level of monthly pensions. Third, the method of adjustment. The adjustment of basic pensions shall be universally applied to retirees from private and public sectors; besides, the means of adjustment will be a combination of setting quota on adjustment, adjusting based on different job positions, and giving adequate and additional benefits to the disadvantaged groups. Fourth, the source of funding. The source of funding for pensions should be adjusted based on the difference of basic pension insurance between the private and the public sectors.

The Notice adjusting basic pensions for retirees shows kind attention of Party Central Committee and the State Department towards vast majority of retirees, which matters for the basic interests of all kinds of retirees.

 

u  Outline on China’s Judicial Protection of Intellectual Property (2016-2020) (hereinafter referred to as “Outline”)

The Outline was issued on April 13, 2017.

The Supreme People’s Court issued the Outline. The Outline encompasses five major aspects for celebrating the 2017 World Intellectual Property Day. First, it reviews the historical development of our country’s judicial protection of intellectual property, and summarizes the current circumstance of such protection. Second, it highlights the guiding mindset behind the judicial protection, and clarifies the leading role of judiciary in protecting intellectual property. Third, it outlines the basic principles of the judicial protection, and suggests that such judicial protection shall serve to promote reforms and innovations. Fourth, it states the major goal of judicial protection. In particular, it suggests that different measures shall be simultaneously undertaken to establish a scientifically and reasonably operating judicial mechanism for protecting intellectual property. Fifth, it highlights the major measures of judicial protection. In particular, it suggests a reasonable reform within the justice system, which will improve the trail efficiency and increase the compensation guaranteed by the trial sentencing.

The issuing of the Outline remarks a great development of judicial protection of intellectual property, and a great progress in China’s judicial reform.

 

u  The Measures of Regulating Bidding and Tendering on Architectural Design (hereinafter referred to as “Measures”)

Measures will take into effect on May 1st, 2017.

Measures complies with international custom, and emphasizes on four main aspects: first, it emphasizes the characteristics of bidding and tendering on architectural design, and introduces group bidding. Second, it states that bidding documents shall explicitly display architectural design fee and the means for calculating to make it convenient for design firms to decide whether they will participate in bidding based on their own circumstances. Third, by strengthening inspection on the bidding process and its aftermath, and putting harder punishment on illegal behavior, it serves to protect order and stability of the market. Fourth, it sets requirements on how to deal with the request for clarifying, amending and even opposing to bidding documents, and thus improves the legal regulatory system on managing bidding and tendering.

Measures has fulfilled the requirements of Central Urban Work Conference on improving decision-making mechanism of bidding on architectural designs, develops our country’s regulatory system on bidding on architectural designs, which facilitates fair competition and improves the level of architectural designs.

 

u  Labor Law Tips---- Essential documents for applying for work-related injury certification

Applying for work-related injury certification requires following essential documents:

1)         Report for the work-related incident, which describes time and location of this incident, injured part, entire process of the incident, causes for this incident, and the investigators.

2)         Application form for certifying work-related injury.

3)         Photocopy of identification card of the injured worker, which is verified by related departments with the original document of identification card.

4)         Verification and photocopy of identification card of workmates who were present in the work-related incident. These documents shall be verified by related departments with the original ones.

5)         Photocopy of labor contracts, or other valid verification on the contracted relation between the injured worker and the employer.

6)         Medical diagnosis verification, medical diagnosis verification on job-related diseases or the verification on death causes.

7)         Death Certificate and Funeral Cremation Certificate or receipt of Funeral Cremation service, and photocopy of deletion of Household Registration Account, Burial Card.

8)         Photocopy of Business License of Enterprise, or the employer’s registration documents.

If the application documents are incomplete, social insurance department shall inform the applicants of handing in the rest of application documents on present or within 15 working days after the application in writing.