New rules in October
October 2022 brought both national and Shanghai measures. Nationally, public security organs gained detailed provisions on combating organised crime, and the banking regulator revised its licensing measures for foreign-funded banks, Chinese-funded commercial banks and rural small and medium-sized banking institutions, all effective 8 October. Measures on compliance administration by central enterprises took effect on 1 October. In Shanghai, measures on filing by occupational disease diagnosis institutions and a regulation promoting the artificial intelligence industry both came into force on the same day.
Central government
1. Provisions on the Work of Public Security Organs against Organised Crime
Published 26 August 2022 / in force 1 October 2022
The Provisions follow the Anti-Organised Crime Law, refining and consolidating it. They set out systematically the duties and basic principles of public security organs in work against organised crime, detail their duties of prevention and governance and the related procedures, and clarify the legal status of their verification of leads on organised crime and the specific procedure for it, together with the general rules and special requirements for handling such cases. They also make specific provision on international cooperation, the building of specialised teams, material support and witness protection.
2. Measures of the China Banking and Insurance Regulatory Commission for the Implementation of Administrative Licensing Matters concerning Foreign-Funded Banks (2022 revision)
Published 2 September 2022 / in force 8 October 2022
The Commission amended the relevant articles of the Measures. The main changes are: narrowing the scope of approval for the qualifications of senior bank officers and improving the related qualification conditions; improving the scope and mechanism for approving bond issuance by banks; and amending certain articles in line with the principle of treating Chinese and foreign institutions alike.
3. Measures of the China Banking and Insurance Regulatory Commission for the Implementation of Administrative Licensing Matters concerning Chinese-Funded Commercial Banks (2022 revision)
Published 2 September 2022 / in force 8 October 2022
The revision amends the approval of the qualifications of senior officers of banking institutions and the approval of bond issuance by banks.
4. Measures of the China Banking and Insurance Regulatory Commission for the Implementation of Administrative Licensing Matters concerning Rural Small and Medium-Sized Banking Institutions (2022 revision)
Published 2 September 2022 / in force 8 October 2022
The main changes are: narrowing the scope of approval for the qualifications of senior bank officers and improving the related qualification conditions; improving the scope and mechanism for approving bond issuance by banks; and amending certain articles in line with the principle of treating Chinese and foreign institutions alike.
5. Measures for the Administration of Compliance by Central Enterprises
Published 23 August 2022 / in force 1 October 2022
Compared with the Compliance Guidelines for Central Enterprises issued earlier, the Measures make the following changes: first, they clarify the duties of the parties involved in compliance management; second, they establish and improve a system of compliance management rules; third, they regulate compliance management procedures across the board; fourth, they actively foster a culture of compliance; and fifth, they accelerate the digitalisation of compliance management.
Shanghai
1. Measures of Shanghai Municipality for the Administration of the Filing of Occupational Disease Diagnosis Institutions
Published 20220.08.29 / in force 1 October 2022
The Measures set out the specific duties of the municipal and district health administrative departments. They clarify the conditions medical institutions must meet to carry out occupational disease diagnosis and the specific procedure and requirements for diagnosis, and set the requirements for the health technical personnel and equipment of occupational disease diagnosis institutions.
2. Shanghai Municipality Regulation on Promoting the Development of the Artificial Intelligence Industry
Published 22 September 2022 / in force 1 October 2022
On 22 September the 44th session of the Standing Committee of the 15th Shanghai Municipal People's Congress voted to adopt the Regulation. Besides clarifying the specific duties of governments at every level and the relevant departments in promoting the artificial intelligence industry, the Regulation provides for the establishment of a municipal expert committee on artificial intelligence strategy and consultation, whose members will be drawn from universities, research institutions, enterprises and other organisations and will advise on major strategies and decisions in the development of the industry.