Wenfeng Law News Weekly | No. 474 2021.04.26-2021.05.02

I. Companies, Investment and Financing Network platform enterprises

1.4 Severely crack down on illegal activities of OTC financing and jointly purify the ecology of the capital market——The China Securities Regulatory Commission and the Ministry of Public Security jointly released the typical cases of OTC financing violations in 2020

1.5 2. Construction and Real Estate

2.1 Six departments strengthen the supervision of light-asset housing leasing enterprises 3 Notice of Zhengzhou Urban and Rural Construction Bureau on Deepening the Reform of Joint Review of Construction Drawings

3. OverseasThe General Administration of Customs regulates the filling of customs declaration forms for import and export goods under preferential trade agreements Internal Compliance

4.Other

4.4 The Ministry of Industry and Information Technology Solicits Opinions on the Provisional Regulations on the Protection and Management of App Personal Information Financing

1.1 China Banking and Insurance Regulatory Commission issued a document to promote the high-quality development of financial services for small and micro enterprises

Recently,The General Office of the China Banking and Insurance Regulatory Commission issued the "Notice on Further Promoting the High-quality Development of Financial Services for Small and Micro Enterprises in 2021" (hereinafter referred to as the "Notice").

The "Notice" clarifies the following policy requirements for banking and insurance institutions to serve small and micro enterprises: First, maintain a stable and efficient incremental financial supply. The second is to focus on optimizing the financial supply structure. The third is to enrich the business of inclusive insurance products. The fourth is to optimize the mechanism system and professional ability. Fifth, the allocation of existing financial resources should be carried out. The "Notice" requires that inclusive small and micro enterprise loans should continue to achieve the goals of "two increases" in terms of growth rate and number of households throughout the year. Among them, five large banks should strive to achieve a 30% annual increase in inclusive small and micro enterprise loans. above. The "Notice" also makes specific arrangements for regulating financing service charges, ensuring the smooth connection of corporate relief policies, deepening the credit information sharing mechanism, strengthening supervision and supervision, and building the external environment.

1.2 The Ministry of Industry and Information Technology plans to revise the "Regulations on the Classification of Small and Medium-Sized Enterprises"

Recently, the Small and Medium-sized Enterprise Bureau of the Ministry of Industry and Information Technology issued the "Regulations on the Classification of Small and Medium-sized Enterprises (Revised Draft for Comments)" (hereinafter referred to as the "Draft for Comments"), Public comments are now being solicited, and the deadline for feedback is May 23.

Compared with the past, the main revisions of the "Draft for Comments" are as follows: first, the industry classification has been revised; second, the classification indicators have been revised; The fifth is to increase qualitative standards; the sixth is to increase the content of self-declaration and identification of the scale and type of small and medium-sized enterprises; the seventh is to establish a regular evaluation system for the classification standards of small and medium-sized enterprises in my country. Among them, the "Draft for Comments" clearly states that retail industry,Small and medium-sized enterprises with less than 300 employees and operating income of less than 500 million yuan. In the information transmission, software and information technology service industry, small and medium-sized enterprises with less than 500 employees and an operating income of less than 1 billion yuan.

1.3 Financial management departments jointly interviewed some online platform companies engaged in financial business Online platform companies for financial business conduct regulatory interviews. 13 online platform companies including Tencent, Duxiaoman Finance, JD Finance, ByteDance, Meituan Finance, Didi Finance, Lufax, Tianxing Digital, 360 Digital, Sina Finance, Suning Finance, Gome Finance, and Ctrip Finance The actual controller or representative participated in the interview.

The financial management department pointed out that in recent years, online platform companies have played an important role in improving the efficiency of financial services, the inclusiveness of the financial system, and reducing transaction costs. Serious violations such as engaging in financial business in the licensed scope, imperfect corporate governance mechanisms, regulatory arbitrage, unfair competition, and damage to the legitimate rights and interests of consumers. The online platform companies engaged in the financial business interviewed by the joint supervision have the characteristics of comprehensive operation, large business scale, significant influence in the industry, and typical problems exposed, which must be rectified first and foremost. The financial management department has put forward rectification requirements for the prominent problems commonly existing in the current online platform enterprises engaged in financial business. First, we insist that all financial activities are included in financial supervision, and financial businesses must be licensed to operate. The second is to return to the source of payment, disconnect the improper connection between payment tools and other financial products,Strictly control the expansion of non-bank payment accounts to the public sector, improve transaction transparency, and correct unfair competition. The third is to break the monopoly of information, and carry out personal credit reporting business strictly through licensed credit reporting agencies in compliance with laws and regulations. The fourth is to strengthen the standardized management of key links such as shareholder qualifications, equity structure, capital, risk isolation, and connected transactions. Qualified enterprises must apply for the establishment of financial holding companies in accordance with the law. Fifth, strictly implement the requirements of prudential supervision, improve corporate governance, implement the "two participations and one control" requirements for investing in banking and insurance institutions, carry out Internet deposit and loan and Internet insurance businesses in compliance with regulations and prudence, and prevent online mutual assistance business risks. The sixth is to regulate the issuance and trading of asset securitization products by enterprises and their overseas listing. It is forbidden for senior executives and practitioners of securities and fund institutions to serve in cross positions to ensure the independence of institutions. Seventh, strengthen the financial consumer protection mechanism, standardize the collection and use of personal information, marketing and publicity and format text contracts, strengthen supervision and standardize financial business cooperation with third-party institutions, etc.

1.4 Severely crack down on the illegal activities of OTC financing and jointly purify the ecology of the capital market——The China Securities Regulatory Commission and the Ministry of Public Security jointly released the typical cases of OTC financing violations in 2020

html Strictly crack down on the decision-making and deployment of securities illegal activities, maintain "zero tolerance" for OTC illegal activities, closely cooperate to carry out special rectification actions, focus on cracking down on OTC institutions and software developers, and increase the intensity of investigation and punishment of cases. Purify the market ecology.

The illegal activities of off-market financing have seriously disrupted the normal order of the capital market and damaged the legitimate rights and interests of investors. In accordance with the relevant provisions of the Criminal Law, the Securities Law, the Regulations on the Administration of Futures Trading and other relevant laws and regulations,Over-the-counter financing activities are illegal securities and futures activities. If a crime is constituted, criminal responsibility will be investigated for the crime of illegal business operation and fraud. In order to protect the legitimate rights and interests of investors and strengthen the warning and deterrence, ten typical cases of off-site financing illegal and criminal cases detected by the public security organs in 2020, including the Chongqing "matching network", are now released, and the case is used to explain and explain the law. In these cases, some of them opened sub-accounts for investors to engage in stock and futures allotment trading by developing, selling or using the software of the capital allocation and distribution system, and provided high-leverage trading funds, which were suspected of illegally operating securities and futures business; some Suspected of using the "virtual disk" allocation method to engage in stock and futures investment fraud. Once investors participate in the illegal activities of over-the-counter fund allocation, their own interests will not be guaranteed, and they may suffer greater property losses. Investors are reminded that they must participate in stock futures trading through legal channels, and consciously stay away from and resist the illegal activities of over-the-counter financing. In the next step, the China Securities Regulatory Commission will resolutely implement the "zero tolerance" work requirements, cooperate closely with the Ministry of Public Security and other relevant departments, regularly crack down on OTC financing, strictly investigate and deal with illegal and criminal cases of OTC financing, and effectively protect the legitimate rights and interests of investors. Make every effort to ensure the healthy development of the capital market.

1.5 The China Securities Regulatory Commission has publicly solicited opinions on the "Regulations on the Supervision of Initial Public Offering and Listing Guidance"

In order to implement the relevant requirements of the "Opinions of the State Council on Further Improving the Quality of Listed Companies" (Guo Fa [2020] No. 14), further standardize guidance For related work, give full play to the territorial supervision advantages of dispatched offices, consolidate the responsibilities of intermediaries, improve the quality of listed companies from the source, and actively create conditions for the steady advancement of the market-wide registration system reform. (Draft for Comments)" (hereinafter referred to as the Draft for Comments),Now open to the public for comments.

The draft for comments highlights the following principles on the basis of summarizing the practice of various dispatched offices over the years: First, unified norms. Systematically sort out the systems and practices of each dispatched agency, fully absorb mature practices that have been tested by the market, and stipulate the main arrangements of the counseling system such as the purpose of counseling, counseling period, acceptance method, and acceptance period, so as to realize the unification and coordination of the application of rules and reduce freedom. Discretionary space. The second is clear positioning. The guidance work is mainly to promote the companies to be listed to improve their standardization, and to encourage relevant personnel to establish correct concepts, familiarize themselves with the rules and related situations. Counseling acceptance is to evaluate the development and effectiveness of the sponsor's counseling work, without judging whether the counseled object meets the listing requirements. Therefore, counseling acceptance is not a review procedure for a company's listing. The third is efficiency and convenience. On the basis of refinement and unification, the acceptance criteria for counseling shall be simplified, unnecessary procedures shall be reduced, the time limit of each link shall be clarified, and the supervision efficiency shall be improved by means of information technology, so that all parties in the market can form reasonable expectations for the guidance and supervision work.

2. Construction and real estate

2.1 Six departments strengthen the supervision of asset-light housing leasing enterprises

A few days ago, six departments including the Ministry of Housing and Urban-Rural Development issued the "Opinions on Strengthening the Supervision of Asset-Light Housing Leasing Enterprises" (hereinafter referred to as the "Opinions").

The "Opinions" clarified seven regulatory measures for asset-light housing leasing companies engaged in sublease operations: First, strengthen the management of business practices. The second is to standardize the operation of housing leasing. The third is to carry out the supervision of housing rental funds. Fourth, it is forbidden to arbitrarily take and use housing rental consumption loans. The fifth is to rationally regulate the level of housing rents. The sixth is to properly resolve conflicts and disputes over housing leases. The seventh is to implement the main responsibility of the city government. The "opinion" states that,A housing leasing enterprise shall include the information of the housing resources it operates into the housing leasing management service platform of the city where it is located. The period for a single rent collection shall in principle not exceed 3 months, and the rent paid to the owner of the house shall in principle not be higher than the rent received from the lessee. If an enterprise collects rent for more than 3 months at a time, or collects a deposit for more than 1 month at a time, it shall be included in the housing rental fund supervision account.

2.2 The Ministry of Housing and Urban-Rural Development's "14th Five-Year" Development Planning Research Symposium was held in Luoyang.

On April 28, the Ministry of Housing and Urban-Rural Development's "14th Five-Year" Development Planning Research Forum was held in Luoyang.

Wang Xudong, deputy director of the Housing Provident Fund Supervision Department of the Ministry of Housing and Urban-Rural Development, pointed out that the management of housing provident fund should focus on the center, serve the overall situation, find the right position, and do a good job in the expansion of payment and deposit, fund supervision and services. In the next step, the Ministry of Housing and Urban-Rural Development will consider the formulation of the housing provident fund's "14th Five-Year Plan" development plan, the determination of the reform plan and the revision of the "Housing Provident Fund Management Regulations". Provincial and municipal housing provident fund management departments should improve their positions, take the initiative, strengthen cooperation, and plan related work with high quality; explore measures such as coordinating information sharing at the provincial level and inter-provincial general handling; and continuously promote the integration of regional provident funds. In the high-quality development of the central region, new actions have been achieved and new responsibilities have been demonstrated.

2.3 Notice of Zhengzhou Urban and Rural Construction Bureau on Deepening the Reform of Joint Review of Construction Drawings The Circular of the Implementation Plan for Market Entities" (Zheng Zheng Ban [2021] No. 4) and other regulations and documents, guided by the needs of market entities,Further deepen the reform of the joint review of construction drawings in Zhengzhou.

The "Notice" clarifies the reform measures from five aspects: First, fully realize the electronicization of the qualification certificate for construction drawing review. The second is to simplify the acceptance conditions for joint review of construction drawings. The third is to optimize the government's purchase of construction drawing review service procedures. The fourth is to further improve the review efficiency. The review opinion shall be notified at one time and the speed of replying to the review opinion shall be improved. The fifth is related requirements. Including improving the quality of survey and design, implementing timeliness requirements, standardizing file uploads, and increasing sharing efforts.

3. Foreign-related

3.1 The General Administration of Customs regulates the filling of customs declaration forms for import and export goods under preferential trade agreements. Announcement on and Declaration Matters” (hereinafter referred to as the “Announcement”), which will be implemented from May 10, 2021.

According to the "Announcement", the consignee and consignor of import and export goods or their agents shall truthfully fill in the "Customs Declaration Form for Import (Export) Goods of the People's Republic of China" when going through the relevant declaration procedures. At the same time, in the “Country of Origin (Region)” column corresponding to the commodity item, fill in the origin of the goods determined according to the “Regulations on the Origin of Imported and Exported Goods”. Fill in the "Attached Documents and Numbers" column for the relevant requirements. The "Announcement" also pointed out that the consignee of imported goods or its agent can choose the "paperless customs clearance" method or the "paper declaration" method to declare.

3.2 The two departments plan to introduce measures to facilitate the tax filing of external payments for projects such as trade in services.

days ago,The State Administration of Taxation and the State Administration of Foreign Exchange have drafted the Supplementary Announcement on Issues Concerning the Tax Filing of Outward Payments for Trade in Services and Other Items (Draft for Comment) (hereinafter referred to as the "Draft for Comment"), which is now open for public comments, and the deadline for feedback is up to May 26.

The “Draft for Comments” introduced the following facilitation measures: firstly, only one filing is required for multiple payments; secondly, the scope of exemption from filings is expanded; thirdly, online processing channels are expanded; Among them, the "Draft for Comments" proposes to include the non-trade and non-operating foreign exchange payment business of government agencies, institutions and social groups within the fiscal budget into the circumstances that do not need to go through the filing process, and at the same time, foreign investors shall use the legal income of domestic direct investment to invest in the country. For reinvestment, the tax filing requirement is cancelled. The "Draft for Comments" also clarifies the online processing channels and procedures for tax filing of external payments.

3.3 The Ministry of Commerce requires export operators of dual-use items to strengthen the internal compliance of export control Opinion").

The Guiding Opinions clarifies that export operators of dual-use items should follow the principles of legality, independence and effectiveness in establishing an internal compliance mechanism for export control. The internal compliance mechanism for export control needs to have nine basic elements, including formulating policy statements, comprehensive risk assessment, and improving compliance audits. For example, the audit report should reflect the operation of the internal compliance mechanism and the direction of rectification. Compliance audits can be carried out by dedicated personnel within the enterprise or by external third-party agencies. The "Guiding Opinions" also proposes six major promotion measures, such as issuing the "Guidelines for Internal Compliance of Export Control of Dual-Use Items",Provide specific reference for export operators; according to the construction and operation of the internal compliance mechanism, provide export operators with corresponding licensing convenience, etc.

2. Construction and Real Estate

4.1 The Standing Committee of the National People's Congress revised the Advertising Law, the Food Safety Law and other laws The Decision on Eight Laws including the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the "Decision") and the "Decision on Amending the Education Law of the People's Republic of China".

The Decision makes amendments to eight laws, including the Road Traffic Safety Law, the Import and Export Commodity Inspection Law, the Advertising Law, the Civil Aviation Law, the Customs Law, and the Food Safety Law. Among them, the "Decision" amends the "Advertising Law" as follows: (1) In Article 29, "register with the local market supervision and management department at or above the county level" for advertising publication is deleted. (2) Delete the "Revocation of the Registration Certificate for Advertising Release" in the third paragraph of Article 55, Article 57, and the third paragraph of Article 58. (3) Article 60 is deleted.

4.2 The Standing Committee of the National People's Congress authorized the State Council to temporarily adjust the application of seven laws in the Free Trade Zone.

A few days ago, the 28th meeting of the Standing Committee of the Thirteenth National People's Congress reviewed and promulgated the "Regulations on Authorizing the State Council in Pilot Free Trade Zones". The Decision on Temporarily Adjusting the Application of Relevant Laws and Regulations (hereinafter referred to as the "Decision") will be implemented from July 1, 2021, and the adjustment period will be three years.

According to the Decision, Temporarily adjust the application of the Law of the People's Republic of China on Promotion of Private Education (Revised in 2018), the Accounting Law of the People's Republic of China (Revised in 2017), the Banking Supervision Law of the People's Republic of China (Revised in 2006) and the Insurance Law (Revised in 2015) and other relevant provisions of 7 laws. For example, in the Accounting Law, the item of "approval for intermediary agencies to engage in agency bookkeeping business" was adjusted to "direct cancellation of approval"; the item of "license to engage in auction business" in the "Auction Law" was adjusted to "approval changed to filing. "Wait.

4.3 The Standing Committee of the National People's Congress solicited comments on six draft laws including the Personal Information Protection Law and the Futures Law.

) (Second Review Draft), "Personal Information Protection Law of the People's Republic of China (Draft) (Second Review Draft)" (hereinafter referred to as the "Second Review Draft") and other five draft laws for second review; The Futures Law of the Republic (Draft) was reviewed for the first time, and the full text was released to the public for comments. The solicitation ended on May 28.

The revision of the "Second Review Draft" involves seven issues, including principles to be followed for personal information processing, improvement of personal information processing rules, protection of the deceased's personal information, and strengthening of the personal information protection obligations of super-large Internet platforms. The "Second Review Draft" emphasizes that personal information processors who provide basic Internet platform services, have a large number of users, and have complex business types should perform three statutory obligations.

4.4 The Ministry of Industry and Information Technology solicited opinions on the interim regulations on the protection and management of personal information of apps.

days ago,The Ministry of Industry and Information Technology issued the "Interim Provisions on the Protection and Management of Personal Information of Mobile Internet Applications (Draft for Comment)" (hereinafter referred to as the "Draft for Comment"), which is now soliciting comments from the public, and feedback is as of May 26.

The "Draft for Comments" defines the scope of application and the main body of supervision; establishes two important principles of "informed consent" and "minimum necessary"; refines App developers and operators, distribution platforms, third-party service providers, terminal manufacturers, Five types of main responsibilities and obligations of network access service providers; four normative requirements are put forward, including complaints and reports, supervision and inspection, disposal measures, and risk reminders. The "Draft for Comments" stipulates that those engaged in personal information processing activities of apps shall have clear and reasonable purposes, and follow the principle of minimum necessity, and shall not engage in personal information processing activities beyond the scope of user consent or irrelevant to service scenarios, and proposes " Six must not" requirements.

4.5 The Standing Committee of the National People's Congress passed the Anti-Food Waste Law, etc.

Recently, the 28th meeting of the Standing Committee of the Thirteenth National People's Congress reviewed and approved the Anti-Food Waste Law of the People's Republic of China (hereinafter referred to as the Anti-Food Waste Law). Food Waste Law) and the Rural Revitalization Promotion Law of the People's Republic of China; revised and passed the Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021). The Anti-Food Waste Law shall come into force on the date of promulgation.

The "Anti-Food Waste Law" mainly clarifies the behavioral obligations and penalties for violations of laws and regulations for agencies, schools, catering service operators, and tourism operators. Among them, the Anti-Food Waste Law proposes,Meals for official activities shall not exceed the prescribed standards; consumers of "CD Action" can be rewarded; food waste can be charged for disposal of kitchen waste; businessmen induce misleading over-ordering, and the maximum fine is 10,000; food producers and operators are severely wasteful, and the maximum fine is 50,000; producing and publishing video programs on overeating, with a maximum fine of 100,000, etc.

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The "Notice" clarifies the following policy requirements for banking and insurance institutions to serve small and micro enterprises: First, maintain a stable and efficient incremental financial supply. The second is to focus on optimizing the financial supply structure. The third is to enrich the business of inclusive insurance products. The fourth is to optimize the mechanism system and professional ability. Fifth, the allocation of existing financial resources should be carried out. The "Notice" requires that inclusive small and micro enterprise loans should continue to achieve the goals of "two increases" in terms of growth rate and number of households throughout the year. Among them, five large banks should strive to achieve a 30% annual increase in inclusive small and micro enterprise loans. above. The "Notice" also makes specific arrangements for regulating financing service charges, ensuring the smooth connection of corporate relief policies, deepening the credit information sharing mechanism, strengthening supervision and supervision, and building the external environment.

1.2 The Ministry of Industry and Information Technology plans to revise the "Regulations on the Classification of Small and Medium-Sized Enterprises"

Recently, the Small and Medium-sized Enterprise Bureau of the Ministry of Industry and Information Technology issued the "Regulations on the Classification of Small and Medium-sized Enterprises (Revised Draft for Comments)" (hereinafter referred to as the "Draft for Comments"), Public comments are now being solicited, and the deadline for feedback is May 23.

Compared with the past, the main revisions of the "Draft for Comments" are as follows: first, the industry classification has been revised; second, the classification indicators have been revised; The fifth is to increase qualitative standards; the sixth is to increase the content of self-declaration and identification of the scale and type of small and medium-sized enterprises; the seventh is to establish a regular evaluation system for the classification standards of small and medium-sized enterprises in my country. Among them, the "Draft for Comments" clarifies that in the retail industry, those with less than 300 employees and an operating income of less than 500 million yuan are small, medium and micro enterprises. In the information transmission, software and information technology service industry, small and medium-sized enterprises with less than 500 employees and an operating income of less than 1 billion yuan.

1.3 Financial management departments jointly interviewed some online platform companies engaged in financial business Online platform companies for financial business conduct regulatory interviews. 13 online platform companies including Tencent, Duxiaoman Finance, JD Finance, ByteDance, Meituan Finance, Didi Finance, Lufax, Tianxing Digital, 360 Digital, Sina Finance, Suning Finance, Gome Finance, and Ctrip Finance The actual controller or representative participated in the interview.

The financial management department pointed out that in recent years, online platform companies have played an important role in improving the efficiency of financial services, the inclusiveness of the financial system, and reducing transaction costs. Serious violations such as engaging in financial business in the licensed scope, imperfect corporate governance mechanisms, regulatory arbitrage, unfair competition, and damage to the legitimate rights and interests of consumers. The online platform companies engaged in the financial business interviewed by the joint supervision have the characteristics of comprehensive operation, large business scale, significant influence in the industry, and typical problems exposed, which must be rectified first and foremost. The financial management department has put forward rectification requirements for the prominent problems commonly existing in the current online platform enterprises engaged in financial business. First, we insist that all financial activities are included in financial supervision, and financial businesses must be licensed to operate. The second is to return payment to its origins, disconnect payment instruments and other financial products from improper connections, strictly control the expansion of non-bank payment accounts into the public domain, improve transaction transparency, and correct unfair competition. The third is to break the monopoly of information, and carry out personal credit reporting business strictly through licensed credit reporting agencies in compliance with laws and regulations.The fourth is to strengthen the standardized management of key links such as shareholder qualifications, equity structure, capital, risk isolation, and connected transactions. Qualified enterprises must apply for the establishment of financial holding companies in accordance with the law. Fifth, strictly implement the requirements of prudential supervision, improve corporate governance, implement the "two participations and one control" requirements for investing in banking and insurance institutions, carry out Internet deposit and loan and Internet insurance businesses in compliance with regulations and prudence, and prevent online mutual assistance business risks. The sixth is to regulate the issuance and trading of asset securitization products by enterprises and their overseas listing. It is forbidden for senior executives and practitioners of securities and fund institutions to serve in cross positions to ensure the independence of institutions. Seventh, strengthen the financial consumer protection mechanism, standardize the collection and use of personal information, marketing and publicity and format text contracts, strengthen supervision and standardize financial business cooperation with third-party institutions, etc.

1.4 Severely crack down on the illegal activities of OTC financing and jointly purify the ecology of the capital market——The China Securities Regulatory Commission and the Ministry of Public Security jointly released the typical cases of OTC financing violations in 2020

html Strictly crack down on the decision-making and deployment of securities illegal activities, maintain "zero tolerance" for OTC illegal activities, closely cooperate to carry out special rectification actions, focus on cracking down on OTC institutions and software developers, and increase the intensity of investigation and punishment of cases. Purify the market ecology.

The illegal activities of off-market financing have seriously disrupted the normal order of the capital market and damaged the legitimate rights and interests of investors. According to the relevant provisions of the Criminal Law, the Securities Law, the Regulations on the Administration of Futures Trading and other relevant laws and regulations, OTC fundraising activities are illegal securities and futures activities.In order to protect the legitimate rights and interests of investors and strengthen the warning and deterrence, ten typical cases of off-site financing illegal and criminal cases detected by the public security organs in 2020, including the Chongqing "matching network", are now released, and the case is used to explain and explain the law. In these cases, some of them opened sub-accounts for investors to engage in stock and futures allotment trading by developing, selling or using the software of the capital allocation and distribution system, and provided high-leverage trading funds, which were suspected of illegally operating securities and futures business; some Suspected of using the "virtual disk" allocation method to engage in stock and futures investment fraud. Once investors participate in the illegal activities of over-the-counter fund allocation, their own interests will not be guaranteed, and they may suffer greater property losses. Investors are reminded that they must participate in stock futures trading through legal channels, and consciously stay away from and resist the illegal activities of over-the-counter financing. In the next step, the China Securities Regulatory Commission will resolutely implement the "zero tolerance" work requirements, cooperate closely with the Ministry of Public Security and other relevant departments, regularly crack down on OTC financing, strictly investigate and deal with illegal and criminal cases of OTC financing, and effectively protect the legitimate rights and interests of investors. Make every effort to ensure the healthy development of the capital market.

1.5 The China Securities Regulatory Commission has publicly solicited opinions on the "Regulations on the Supervision of Initial Public Offering and Listing Guidance"

In order to implement the relevant requirements of the "Opinions of the State Council on Further Improving the Quality of Listed Companies" (Guo Fa [2020] No. 14), further standardize guidance For related work, give full play to the territorial supervision advantages of dispatched offices, consolidate the responsibilities of intermediaries, improve the quality of listed companies from the source, and actively create conditions for the steady advancement of the market-wide registration system reform. (Draft for Comments)" (hereinafter referred to as the Draft for Comments), is now open to the public for comments.

The draft for comments highlights the following principles on the basis of summarizing the practice of various dispatched offices over the years: First, unified norms. Systematically sort out the systems and practices of each dispatched agency, fully absorb mature practices that have been tested by the market, and stipulate the main arrangements of the counseling system such as the purpose of counseling, counseling period, acceptance method, and acceptance period, so as to realize the unification and coordination of the application of rules and reduce freedom. Discretionary space. The second is clear positioning. The guidance work is mainly to promote the companies to be listed to improve their standardization, and to encourage relevant personnel to establish correct concepts, familiarize themselves with the rules and related situations. Counseling acceptance is to evaluate the development and effectiveness of the sponsor's counseling work, without judging whether the counseled object meets the listing requirements. Therefore, counseling acceptance is not a review procedure for a company's listing. The third is efficiency and convenience. On the basis of refinement and unification, the acceptance criteria for counseling shall be simplified, unnecessary procedures shall be reduced, the time limit of each link shall be clarified, and the supervision efficiency shall be improved by means of information technology, so that all parties in the market can form reasonable expectations for the guidance and supervision work.

2. Construction and real estate

2.1 Six departments strengthen the supervision of asset-light housing leasing enterprises

A few days ago, six departments including the Ministry of Housing and Urban-Rural Development issued the "Opinions on Strengthening the Supervision of Asset-Light Housing Leasing Enterprises" (hereinafter referred to as the "Opinions").

The "Opinions" clarified seven regulatory measures for asset-light housing leasing companies engaged in sublease operations: First, strengthen the management of business practices. The second is to standardize the operation of housing leasing. The third is to carry out the supervision of housing rental funds. Fourth, it is forbidden to arbitrarily take and use housing rental consumption loans. The fifth is to rationally regulate the level of housing rents. The sixth is to properly resolve conflicts and disputes over housing leases. The seventh is to implement the main responsibility of the city government.The "Opinions" pointed out that housing rental companies should include the information on the housing listings they operate in the housing rental management service platform of the city where they are located, and the period for a single rent collection should not exceed 3 months in principle, and the rent paid to the owner of the house should not be higher than Collect rent from the lessee. If an enterprise collects rent for more than 3 months at a time, or collects a deposit for more than 1 month at a time, it shall be included in the housing rental fund supervision account.

2.2 The Ministry of Housing and Urban-Rural Development's "14th Five-Year" Development Planning Research Symposium was held in Luoyang.

On April 28, the Ministry of Housing and Urban-Rural Development's "14th Five-Year" Development Planning Research Forum was held in Luoyang.

Wang Xudong, deputy director of the Housing Provident Fund Supervision Department of the Ministry of Housing and Urban-Rural Development, pointed out that the management of housing provident fund should focus on the center, serve the overall situation, find the right position, and do a good job in the expansion of payment and deposit, fund supervision and services. In the next step, the Ministry of Housing and Urban-Rural Development will consider the formulation of the housing provident fund's "14th Five-Year Plan" development plan, the determination of the reform plan and the revision of the "Housing Provident Fund Management Regulations". Provincial and municipal housing provident fund management departments should improve their positions, take the initiative, strengthen cooperation, and plan related work with high quality; explore measures such as coordinating information sharing at the provincial level and inter-provincial general handling; and continuously promote the integration of regional provident funds. In the high-quality development of the central region, new actions have been achieved and new responsibilities have been demonstrated.

2.3 Notice of Zhengzhou Urban and Rural Construction Bureau on Deepening the Reform of Joint Review of Construction Drawings The “Notice on the Implementation Plan of Market Entities” (Zheng Zheng Ban [2021] No. 4) and other regulations and the spirit of the documents, guided by the needs of market entities, will further deepen the reform of the joint review of construction drawings in Zhengzhou.

The "Notice" clarifies the reform measures from five aspects: First, fully realize the electronicization of the qualification certificate for construction drawing review. The second is to simplify the acceptance conditions for joint review of construction drawings. The third is to optimize the government's purchase of construction drawing review service procedures. The fourth is to further improve the review efficiency. The review opinion shall be notified at one time and the speed of replying to the review opinion shall be improved. The fifth is related requirements. Including improving the quality of survey and design, implementing timeliness requirements, standardizing file uploads, and increasing sharing efforts.

3. Foreign-related

3.1 The General Administration of Customs regulates the filling of customs declaration forms for import and export goods under preferential trade agreements. Announcement on and Declaration Matters” (hereinafter referred to as the “Announcement”), which will be implemented from May 10, 2021.

According to the "Announcement", the consignee and consignor of import and export goods or their agents shall truthfully fill in the "Customs Declaration Form for Import (Export) Goods of the People's Republic of China" when going through the relevant declaration procedures. At the same time, in the “Country of Origin (Region)” column corresponding to the commodity item, fill in the origin of the goods determined according to the “Regulations on the Origin of Imported and Exported Goods”. Fill in the "Attached Documents and Numbers" column for the relevant requirements. The "Announcement" also pointed out that the consignee of imported goods or its agent can choose the "paperless customs clearance" method or the "paper declaration" method to declare.

3.2 The two departments plan to introduce measures to facilitate the tax filing of external payments for trade in services and other projects

A few days ago, the State Administration of Taxation and the State Administration of Foreign Exchange drafted the Supplementary Announcement on Issues Concerning the Tax Filing of External Payments for Trade in Services and Other Projects (Draft for Comment) " (hereinafter referred to as the "Draft for Comments"), is now open for public comments, and the time for feedback is May 26.

The “Draft for Comments” introduced the following facilitation measures: firstly, only one filing is required for multiple payments; secondly, the scope of exemption from filings is expanded; thirdly, online processing channels are expanded; Among them, the "Draft for Comments" proposes to include the non-trade and non-operating foreign exchange payment business of government agencies, institutions and social groups within the fiscal budget into the circumstances that do not need to go through the filing process, and at the same time, foreign investors shall use the legal income of domestic direct investment to invest in the country. For reinvestment, the tax filing requirement is cancelled. The "Draft for Comments" also clarifies the online processing channels and procedures for tax filing of external payments.

3.3 The Ministry of Commerce requires export operators of dual-use items to strengthen the internal compliance of export control Opinion").

The Guiding Opinions clarifies that export operators of dual-use items should follow the principles of legality, independence and effectiveness in establishing an internal compliance mechanism for export control. The internal compliance mechanism for export control needs to have nine basic elements, including formulating policy statements, comprehensive risk assessment, and improving compliance audits. For example, the audit report should reflect the operation of the internal compliance mechanism and the direction of rectification. Compliance audits can be carried out by dedicated personnel within the enterprise or by external third-party agencies. The "Guiding Opinions" also proposes six major promotion measures, such as issuing the "Guidelines for Internal Compliance of Export Control of Dual-Use Items" to provide specific reference for export operators; according to the construction and operation of internal compliance mechanisms, give export operators Appropriate licensing facilities, etc.

2. Construction and Real Estate

4.1 The Standing Committee of the National People's Congress revised the Advertising Law, the Food Safety Law and other laws The Decision on Eight Laws including the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the "Decision") and the "Decision on Amending the Education Law of the People's Republic of China".

The Decision makes amendments to eight laws, including the Road Traffic Safety Law, the Import and Export Commodity Inspection Law, the Advertising Law, the Civil Aviation Law, the Customs Law, and the Food Safety Law.Among them, the "Decision" amends the "Advertising Law" as follows: (1) In Article 29, "register with the local market supervision and management department at or above the county level" for advertising publication is deleted. (2) Delete the "Revocation of the Registration Certificate for Advertising Release" in the third paragraph of Article 55, Article 57, and the third paragraph of Article 58. (3) Article 60 is deleted.

4.2 The Standing Committee of the National People's Congress authorized the State Council to temporarily adjust the application of seven laws in the Free Trade Zone.

A few days ago, the 28th meeting of the Standing Committee of the Thirteenth National People's Congress reviewed and promulgated the "Regulations on Authorizing the State Council in Pilot Free Trade Zones". The Decision on Temporarily Adjusting the Application of Relevant Laws and Regulations (hereinafter referred to as the "Decision") will be implemented from July 1, 2021, and the adjustment period will be three years.

According to the "Decision", temporarily adjusts the application of the "Private Education Promotion Law of the People's Republic of China (revised in 2018)", "Accounting Law of the People's Republic of China (revised in 2017)" and "Banking Supervision and Administration Law of the People's Republic of China (revised in 2006)" ” and the “Insurance Law of the People’s Republic of China (2015 Revision)” and other relevant provisions of 7 laws. For example, in the Accounting Law, the item of "approval for intermediary agencies to engage in agency bookkeeping business" was adjusted to "direct cancellation of approval"; the item of "license to engage in auction business" in the "Auction Law" was adjusted to "approval changed to filing. "Wait.

4.3 The Standing Committee of the National People's Congress solicited comments on six draft laws including the Personal Information Protection Law and the Futures Law.

) (Second Review Draft), "Personal Information Protection Law of the People's Republic of China (Draft) (Second Review Draft)" (hereinafter referred to as the "Second Review Draft") and other five draft laws for second review; The Futures Law of the Republic (Draft) was reviewed for the first time, and the full text was released to the public for comments. The solicitation ended on May 28.

The revision of the "Second Review Draft" involves seven issues, including principles to be followed for personal information processing, improvement of personal information processing rules, protection of the deceased's personal information, and strengthening of the personal information protection obligations of super-large Internet platforms. The "Second Review Draft" emphasizes that personal information processors who provide basic Internet platform services, have a large number of users, and have complex business types should perform three statutory obligations.

4.4 Ministry of Industry and Information Technology Solicits Opinions on Interim Provisions on App Personal Information Protection Management We are now soliciting opinions from the community, and feedback is due by May 26.

The "Draft for Comments" defines the scope of application and the main body of supervision; establishes two important principles of "informed consent" and "minimum necessary"; refines App developers and operators, distribution platforms, third-party service providers, terminal manufacturers, Five types of main responsibilities and obligations of network access service providers; four normative requirements are put forward, including complaints and reports, supervision and inspection, disposal measures, and risk reminders. The "Draft for Comments" stipulates that those engaged in personal information processing activities of apps shall have clear and reasonable purposes, and follow the principle of minimum necessity, and shall not engage in personal information processing activities beyond the scope of user consent or irrelevant to service scenarios, and proposes " Six must not" requirements.

4.5 The Standing Committee of the National People's Congress passed the Anti-Food Waste Law, etc.

Recently, the 28th meeting of the Standing Committee of the Thirteenth National People's Congress reviewed and approved the Anti-Food Waste Law of the People's Republic of China (hereinafter referred to as the Anti-Food Waste Law). Food Waste Law) and the Rural Revitalization Promotion Law of the People's Republic of China; revised and passed the Maritime Traffic Safety Law of the People's Republic of China (Revised in 2021). The Anti-Food Waste Law shall come into force on the date of promulgation.

The "Anti-Food Waste Law" mainly clarifies the behavioral obligations and penalties for violations of laws and regulations for agencies, schools, catering service operators, and tourism operators. Among them, the "Anti-Food Waste Law" proposes that meals for official activities shall not exceed the prescribed standards; consumers can be rewarded for the "CD Action"; food waste can be charged for disposal of kitchen waste; merchants induce misleading orders to over-order, and the maximum fine is 1 10,000 yuan; serious waste of food producers and operators, with a maximum fine of 50,000 yuan; production and distribution of overeating video programs, with a maximum fine of 100,000 yuan, etc.

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