CSR Gazette, China - May 2020
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The Regulation on Ensuring Wage Payment to Migrant Workers has come into force on 1st May 2020. It is the first special regulations formulated in our country to protect the rights and interests of rural migrant workers.
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The General Administration for Market Supervision gazetted the Announcement on Supporting COVID-19 Prevention and Control and Resumption of Work and Production of Anti-monopoly Law Enforcement, aiming to create a fair competition market environment and support the prevention and control of COVID-19 and resumption of production.
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The Interim Provisions on the Management of Fire Protection Design, Review and Acceptance Check of Construction Project stipulates clearly on review of fire protection design, fire protection acceptance for special construction projects, and register of fire protection acceptance and sample inspection for other construction projects.
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The Guideline on Coordinating the Work of Prevention and Control of COVID-19 and Eco-Environmental Protection of Economic and Social Development has been gazetted by the Ministry of Ecology and Environment, aiming to support the prevention and control of COVID-19 and the resumption of work and production.
Labour
< Regulation on Ensuring Wage Payment to Migrant Workers >
Ethics
< Announcement on Supporting COVID-19 Prevention and Control and Resumption of Work and Production of Anti-monopoly Law Enforcement > by the State Administration for Market Regulation>
Health and Safety
< Interim Provisions on the Management of Fire Design, Review and Acceptance check of Construction Projects >
Environment
< Guideline on Coordinating the Work of Prevention and Control of COVID-19 and Eco-Environmental Protection of Economic and Social Development >
Labour
1. < Regulation on Ensuring Wage Payment to Migrant Workers > (2020-05-01)
The Regulation on Ensuring Wage Payment to Migrant Workers (hereinafter referred to as the Regulation) was adopted by the 73rd Executive Meeting of the State Council on 4th December 2019, and has come into force on 1st May 2020.
The Regulation adhering to the source prevention, in regulating wage payment behavior, there are mainly the following provisions:
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An employer shall implement the real-name system for the employment of migrant workers, and stipulate wage payment standards, time and method, with the employed migrant workers in written agreement or through rules and regulations formulated in accordance with the law.
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When the monthly, weekly, daily and hourly wage system is implemented, wages shall be paid on corresponding cycle; when the piece-rate wage system is implemented, the payment cycle shall be agreed upon by both parties according to law.
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Wages of migrant workers shall be paid to them in the form of currency by bank transfer or in cash, and the payment shall not be substituted by physical objects, securities or other forms.
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The employing unit shall pay wages in full according to the wage payment cycle and specific payment date stipulated in the writing with the migrant workers or in accordance with the rules or regulations formulated according to law.
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An employer shall, according to the wage payment cycle, compile a written payroll ledger, and keep for a minimum of three years. When the employer pays wages to migrant workers, it shall provide pay stub to each migrant worker.
Ethics
1. < Announcement on Supporting COVID-19 Prevention and Control and Resumption of Work and Production of Anti-monopoly Law Enforcement > by the State Administration for Market Regulation (2019-11)
The Announcement on Supporting COVID-19 Prevention and Control and Resumption of Work and Production of Anti-monopoly Law Enforcement (hereinafter referred to as the Announcement) was gazetted by the General Administration for Market Supervision on 4th April 2020 to create a fair competition market environment and support the COVID-19 prevention and control and resumption of work and production. The Announcement includes 6 specific measures:
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Accelerate the review of concentration of undertakings cases involved with COVID-19 prevention and control and resumption of production according to law;
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Exempt from the cooperation agreement between operators involved with COVID-19 prevention and control and resumption of production according to law;
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Strictly and rigorously investigate and deal with the monopolistic activities that hinder COVID-19 prevention and control or resumption of production according to law;
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Strengthen the supporting policy for fair competition review;
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Actively provide anti-monopoly compliance guidance to operators;
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Timely respond to anti-monopoly demands for COVID-19 prevention and control and resumption of production.
Health and Safety
1. < Interim Provisions on the Management of Fire Design, Review and Acceptance check of Construction Projects > (2020-06-01)
The Interim Provisions on the Management of Fire Protection Design, Review and Acceptance Check of Construction Project (hereinafter referred to as the Provisions) has been issued by the Ministry of Housing and Urban-Rural Development of the People's Republic of China on 1st April 2020. It will come into force on 1st June 2020. The main revised contents are as follows:
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The main body of fire design review and fire acceptance check of construction project is adjusted from the public security fire department to the competent department of housing and urban-rural construction.
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The scope of fire design review and fire protection acceptance is applicable to special construction projects, and fire protection design and fire protection acceptance system shall be implemented for special construction projects. Special construction projects that have not been reviewed or failed to pass the review of fire protection design shall not be constructed by the construction entity or; those have not been gone through or failed to pass the fire proception acceptance shall not be put into use.
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Random inspection system shall be implemented for other construction projects. For other construction projects that failed to pass the random inspection according to law, shall be stopped in use.
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Reduce the proof materials that applicants need to submit. For example, when applying for the review of fire protection design, it is no longer necessary to provide legal identity documents such as qualification documents of design entity and business license of construction entity; when applying for fire protection acceptance, it is no longer necessary to provide quality conformance documents of fire protection products and inspection conformance documents of firefighting facilities.
Environment
1. < Guideline on Coordinating the Work of Prevention and Control of COVID-19 and Eco-Environmental Protection of Economic and Social Development > (2020-03-03)
The Guideline on Coordinating the Work of Prevention and Control of COVID-19 and Eco-Environmental Protection of Economic and Social Development (hereinafter referred to as the Guideline) has been gazetted by the Ministry of Ecology and Environment on 3rd March 2020, the main measures in this Guideline for supporting of resumption of work and production are as follows:
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Establish and implement positive list of Environmental Impact Assessment (EIA) approval. Exempt EIA procedures for some projects, 10 major categories and 30 minor categories of projects not involving toxic, harmful and dangerous goods storage, logistics and delivery, no longer need to fill in the Environmental Impact Registration.
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Expand the pilot project of EIA notification and commitment mechanism. Scope covers many fields such as engineering construction, social undertakings and service, manufacturing, animal husbandry and transportation, totally involving 17 major categories and 44 minor categories of industries in Catalogue.
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Establish and implement positive list of supervision and law enforcement. Enterprises in list are exempted from onsite law enforcement inspection, off-site supervision and management measures will be implemented.
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Increase technical assistance to help enterprises solve difficulties of pollution control. Use the platform of national ecological and environmental technology science comprehensive service to better connecting the demand side and supply side of environmental pollution control programs and technologies, provide free consulting service for enterprises.
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Actively promote and coordinate the implementation of relevant policies to alleviate enterprises’ financial difficulties. For the resuming production enterprises that has been severely affected by COVID-19 and fulfill the pollution control criteria, deferral of Environmental Protection Tax payment could be approved according to law.
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Implement differentiated supervision, provide targeted service for resumption of work and production. Take differentiated ecological and environmental regulatory measures and implement dynamic adjustment according to the situation of prevention and control of COVID-19 and relevant regionalized and graded targeted resumption of work and production.
In principle, above two (2) lists would be expired by the end of September 2020, local ecological and environmental authorities can make an appropriate extension according to situation demand. The effective and widely recognized measures can be solidified to form a long-term mechanism.
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