Legislation roundup: Consumer protection, reinsurance and Guangdong projects

March 13, 2015 | BY

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The SAIC has enhanced consumer rights to compensation, the CIRC has required reinsurance businesses to register and Guangdong has issued a negative list for domestic investment projects

Consumer rights

State Administration for Industry and Commerce, Opinions on Improving the Systems of First Approach and Advance Compensation Payment of Business Operators of the Consumption Stage to Duly Protect the Lawful Rights and Interests of Consumers

国家工商行政管理总局关于完善消费环节经营者首问和赔偿先付制度切实保护消费者合法权益的意见

If a consumer or other injured party incurs personal injury or a property loss due to a defect in a good, he/she may demand compensation from the seller or, alternatively, from the producer. If the consumer demands compensation from the seller, the seller may not attempt to pass the responsibility onto another. Once the seller has paid the compensation, it may recover the same from the producer in accordance with the law.

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Further reading
PRC Law on the Protection of the Rights and Interests of Consumers (2nd Revision)
PRC Product Quality Law (Revised)


Insurance

China Insurance Regulatory Commission, Circular on Matters Relevant to the Implementation of the Administration of Reinsurance by Registration
中国保险监督管理委员会关于实施再保险登记管理有关事项的通知

All reinsurance acceptors and reinsurance brokers that engage in reinsurance business with ceding companies registered in China (excluding Hong Kong, Macao and Taiwan) shall register through the reinsurance registration system established by the CIRC.

Further reading
Provisions for the Administration of the Reinsurance Business
PRC Insurance Law (Revised in 2014)



Guangdong

Guangdong Province, Opinions on the Implementation of Administration by List for Enterprise Investment Projects (Trial Implementation)
广东省企业投资项目实行清单管理的意见 (试行)

To date, Guangdong is the only province implementing a pilot project for administration by access list for the investment projects of domestic enterprises. The negative list sets forth the projects for which access is prohibited and subject to check and approval. There are 86 projects for which access is subject to check and approval, covering 10 industries, including agriculture, water reservoirs, hydropower plants and urban roads.

See the digest for more details.

Further reading
Guangdong Province, Enterprise Collective Contract Regulations (Revised)
How to prepare for collective bargaining in Guangdong
A new investment system – Guangdong Focus
Getting the most out of property purchase contracts – Guangdong Focus
Tencent interview: A dynamic spirit – Guangdong Focus

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