SGS Responsible Business Services - Updated China Laws and Regulations

1. Anhui, Henan and Chongqing Raise Minimum Wage Standards
Guangdong Province have implemented new minimum wage standards since December 1st, 2021. As for the first class of areas, the monthly minimum wage standard in Guangzhou is adjusted to CNY 2,300, while it is increased to CNY 2,360 in Shenzhen. The hourly minimum wage standards for part-time employment in these two cities are both CNY 22.2. In the second, third and fourth classes of areas, the new monthly minimum wage standards are CNY 1,900, CNY 1,720 and CNY 1,620, while they are CNY 18.1, CNY 17 and CNY 16.1 for hourly standards. Except for Shenzhen, where the new minimum wage standards were carried out on January 1st, 2022, other regions in Guangdong have executed new standards since December 1st, 2021. Anhui Province announced an increase in minimum wage standards in December 2021. The monthly minimum wage standards are raised to CNY 1,650, CNY 1,500, CNY 1,430 and CNY 1,340 for four different levels, while the hourly standards are adjusted to CNY 20, CNY 18, CNY 17 and CNY 16 accordingly. Besides, Henan Province have executed new minimum wage standards since January 1st, 2022, and Chongqing City has also announced an increase in minimum wage standards from April 1st, 2022. In Henan, the monthly standards for three classes of areas are adjusted to CNY 2,000, CNY 1,800 and CNY 1,600, while the hourly standards are CNY 19.6, CNY 17.6 and CNY 15.6 respectively. Chongqing still carry out two levels of minimum wage standards, with CNY 2,100 and CNY 2,000 for monthly minimum wage standards, as well as CNY 21 and CNY 20 for hourly standards.

2. Ministry of Human Resources and Social Security Introduces <Interim Measures on Joint Punishment List for Trust-breaking of Peasant Workers’ Wages in Arrears>
Formulated on the basis of <Regulations on Guarantee of Peasant Workers’ Payment>, the Interim Measures came into effect on January 1st, 2022. It stipulates application scopes, divisions of responsibilities, conditions of inclusion, time limits, disciplinary measures, credit repairing and working procedures. When the wage deduction or wage in arrears without reasons reach the amount standard to be identified as crime of refusing to pay labor remuneration, or even the offences of defaulting wages lead to severe social impacts, such as mass incidents and extreme events, the administrative department of human resources and social security can order the employers to pay the wages within a time limit. If the employer fails to pay within the stipulated time, the administrative department of human resources and social security should add it and its relevant responsible persons, such as legal representatives, to joint punishment list for trust-breaking, making public and sharing the list to credit information sharing platform of the same level as stipulated.

3. Ministry of Ecology and Environment Prints <Technical Specification for Application and Issuance of Pollutant Permit – Industrial Solid Waste (on Trial)>
Implementing stipulations of <Environmental Protection Law of People’s Republic of China>, <Law of People’s Republic of China on the Prevention and Control of Environment Pollution Caused by Solid Wastes> and <Management Regulations on Pollutant Discharge Permission>, the Technical Specification makes clear for pollutant discharging units the requirements of filling in the basic conditions of industrial solid wastes, technical requirements of pollution prevention and control, compiling requirements of environment management account and execution report of pollutant discharge permit, compliance judgement methods, etc. Therefore, it can provide guidance on filling in the application information of industrial solid wastes for pollutant discharging units, as well as verifying licensing requirements for pollutant discharge permit approval departments.

4. The State Council Issues <Regulation on Groundwater Management>
Developed according to the <Water Law of the People's Republic of China> and <Law of People’s Republic of China on Prevention and Control of Water Pollution>, the Regulation puts forward that we should stick to the principles of overall planning, giving priority to water conservation, efficient use of water and system governance. In addition, it clearly specifies the investigation and planning, conservation and protection, over-extraction governance, pollution prevention, and supervision and management for groundwater.

5. Ministry of Emergency Issues Notice on Printing <Grading Method of Standardization Construction of Enterprise’s Safety in Production>
The 17-article Grading Method clearly standardizes the grading of standardization construction, the main contents of which are as follows: clarifying the scope of application; addressing the principle of applying for grading voluntarily; Continuing to apply the standardization grading with three levels (level 1, level 2 and level 3); defining the graded responsibility; making it clear that enterprises should not be charged during grading. Compared to the old version, there are three aspects of adjustment in the new Grading Method: no assessment expenses paid by enterprises; more serious application and revocation conditions; more specific incentives.

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