New rules taking effect in May

Several new rules take effect in May 2020.

Central government

The Supreme People's Court has issued its Decision on Amending the Provisions on Evidence in Civil Procedures, and the amended Provisions take effect on 1 May 2020.

1. The Provisions date from 1 April 2002 and were adjusted in 2008 to reflect amendments to the Civil Procedure Law. On witnesses giving evidence in court, the new rules expand six articles into twelve. Article 68(3) provides that testimony given in writing or by other means by a witness who fails to appear without proper reason may not be used as a basis for finding the facts of a case.

2. Article 76 provides that a witness who genuinely has difficulty in appearing and applies to testify by written statement, by audio-visual transmission technology or by audio-visual material must submit an application to the people's court stating the specific reasons why appearance is not possible.

3. Another new provision is that a witness may not sit in on the court proceedings before testifying, and when testifying may not present evidence by reading out written material prepared in advance.

4. The new rules also make clear that chat records on WeChat and Weibo may be admitted as evidence in civil litigation, lay down rules for the examination and assessment of electronic data, and improve the system of rules on electronic evidence. Electronic data now includes information published on network platforms such as web pages, blogs and microblogs; communications through network application services such as text messages, emails, instant messaging and group chats; information such as user registration details, identity authentication details, electronic transaction records, communication records and login logs; electronic files such as documents, images, audio, video, digital certificates and computer programs; and other information stored, processed or transmitted in digital form that can prove the facts of a case.

The Regulations on Ensuring Payment of Migrant Workers' Wages take effect, with heavier penalties.

1. The Regulations clarify the legal liability for withholding wages from migrant workers and press employers to discharge their primary responsibility. Where wages are withheld in breach of the rules, the matter is handled under the relevant laws and the human resources and social security department orders payment within a time limit; where payment is not made by that deadline, the employer must pay the worker additional compensation of not less than 50 per cent and not more than 100 per cent of the sum due; and where the conduct may constitute the offence of refusing to pay labor remuneration, the case is referred to the judicial authorities in good time for criminal liability to be pursued.

2. The Regulations also require employers to pay wages in full by bank transfer or in cash in accordance with the wage payment cycle and the specific payment dates, and to keep written wage payment records.

3. They clarify liability for wage payment in special situations, including where a unit without lawful business qualifications recruits migrant workers, where unlawfully dispatched migrant workers are used, and where work is contracted out.

The China Banking and Insurance Regulatory Commission has issued the Interim Measures for the Administration of Insurance Asset Management Products.

The Interim Measures, published by the China Banking and Insurance Regulatory Commission after a public consultation at the end of last year, take effect on 1 May 2020. They are intended to implement the new rules on asset management and to set out common requirements for three categories of insurance asset management product. The Commission will in due course issue supporting rules for debt investment plans, equity investment plans and portfolio insurance asset management products, further refining supervisory standards and making supervisory policy more targeted.

The Regulations on the Prevention and Control of Crop Pests and Diseases take effect on 1 May 2020.

The Regulations provide that people's governments at or above county level are to strengthen their leadership of work on the prevention and control of crop pests and diseases, that the departments of agriculture and rural affairs of those governments are responsible for supervision and administration in this field, and that other departments are to carry out the related work in accordance with their functions. Agricultural producers and operators are to carry out prevention and control work within the scope of their operations and to cooperate actively with governments at all levels and the relevant departments.

Shanghai

The Measures of Shanghai Municipality for the Administration of Rent Standards for Low-Rent Housing Allocated in Kind take effect on 1 May. Under the Measures:

1. the benchmark rent is set at 80 per cent of the market rent for the area in which the housing is located;

2. the rent for low-rent housing is set within 20 per cent above or below that benchmark.

The Regulations of Shanghai Municipality on Promoting the Construction of a Science and Technology Innovation Centre take effect on 1 May.

1. They make systematic and institutional arrangements for comprehensive innovation centred on scientific and technological innovation, including research and development grants, implementation of the preferential corporate income tax policy for high-tech enterprises, and support on fair and generally available terms for enterprises' innovation activities.

2. They expand the autonomy of research institutions and public institutions in selecting and employing staff, using establishment quotas, assessing professional titles and distributing remuneration.

The Fire Safety Regulations of Shanghai Municipality take effect on 1 May.

The Regulations make significant changes to fire safety responsibilities. They establish a mechanism for cooperation between public security organs, fire rescue bodies and housing and urban-rural development departments in fire safety inspections, punishment of unlawful conduct and information sharing, and provide that the principal officer of each people's government is the first person responsible for fire safety in that area.