Legislation roundup: Environmental protection, forex regulations and approvals
July 26, 2013 | BY
clpstaff &clp articles &The second draft of the Environmental Protection Law is under review, with 12 new articles, including daily fines for enterprises. SAFE has removed approval requirements for service trade payments and the State Council has abolished or delegated 50 approval items
Environmental protection
Bill to the PRC Environmental Protection Law (Draft) (2nd Draft for Review)
The 2nd Draft increases the number of articles from 47 to 59. New articles cover the incorporation of environmental protection into the fundamental policies of China. Enterprises could be fined daily. A mechanism for sharing environmental information should be established. Non-performance of government officials could lead to resignation and forgery of environmental protection data may lead to an official being dismissed. The All-China Environment Federation is also designated as the plaintiff for environmental litigation in the public interest.
Further reading
PRC Environmental Impact Assessment Law, Feb 2003
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Foreign exchange
State Administration of Foreign Exchange, Circular on the Issuance of Foreign Exchange Control Regulations on Trade in Services
SAFE removes the approval requirement on purchase of foreign exchange for service trade payments. The foreign exchange can be purchased directly from financial institutions. Invoices of transaction amounts below US$50,000 are no longer required for receipt of foreign exchange payments for service trade. Enterprises are also allowed to keep their foreign exchange deposits overseas from service trade.
Further reading
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Examination and approval
State Council, Decision on Abolition and Delegation of 50 Items Subject to Administrative Examination and Approval and Other Such Matters
The State Council delegates examination and approval power to lower-level authorities for the following areas:
(1) establishment of wholly-owned hospitals by Hong Kong, Macao and Taiwanese investors;
(2) establishment of audio/visual reproduction entities;
(3) establishment of electronic publication reproduction entities; and
(4) issuance of electricity business permits.
Further reading
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