Legislation roundup: Industrial catalogue, asset management and carbon trading

April 11, 2019 | BY

Susan Mok

Guiding catalogue of industrial structure encourages big data and AI technology, banks' liability for asset management is protected and draft regulations are issued on carbon trading.

Investment Policy

 

National Development and Reform Commission, Catalogue for Guiding the Adjustment of the Industrial Structure (2019 Edition, Draft for Comments)

国家发展改革委员会产业结构调整指导目录 (2019年本,征求意见稿)

 

As compared to the 2013 edition, the 2019 edition of the Guiding Catalogue adds "big data, cloud computing, information technology services, and blockchain information services to the extent permitted by the state", industrial internet networks, platforms, etc. and "research and manufacturing of quantum, brain-like and other such new mechanisms for computer systems" to "information industry" in the encouraged category.

 

See the digest for more details.

 

Further reading

Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Edition)

Foreign Investment Industrial Guidance Catalogue (Amended in 2017)

China Issues Market-Entry Negative List And Publishes Draft Foreign Investment Law

 

Banking

 

China Banking Association, Guidelines for the Asset Custody Business of Commercial Banks

中国银行业协会商业银行资产托管业务指引

 

A custodian does not bear joint and several liability for the acts of relevant institutions such as managers and entrusted parties, unless otherwise provided in laws or regulations, or in the custody contract.

 

Further reading

Taking China's Asset Management to the Next Level

Measures for the Administration of Anti-money Laundering and Anti-terrorist Financing by Banking Financial Institutions

 

Environmental Protection

 

Ministry of Ecology and Environment, Tentative Regulations for the Administration of Carbon Emissions Trading (Draft for Comments)

生态环境部碳排放权交易管理暂行条例 (征求意见稿)

 

Key emitting entities and other qualified entities and individuals that wish to voluntarily participate may purchase carbon emission rights, and may also sell or mortgage the carbon emission rights that they have lawfully obtained.

 

See the digest for more details.

 

Further reading

Guiding Opinions on Further Promoting the Pilot Project for the Use for Consideration and Trading of Emission Rights

Circular on Issues Relevant to Environmental Protection Tax

Implementing Regulations for the PRC Environmental Protection Tax Law

PRC Environmental Protection Tax Law

 

 

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