(Authorized for Publication) Decision of the State Council on Amending and Repealing Certain Administrative Regulations

Decision of the State Council on Amending and Repealing Certain Administrative Regulations

　　In order to implement the newly revised Administrative Penalty Law of the People’s Republic of China, promote law enforcement that is strict, standardized, impartial, and civilized, optimize the business environment under the rule of law, and give effect to the amended Population and Family Planning Law of the People’s Republic of China and other laws, the State Council has conducted a review of the relevant administrative regulations. Following this review, the State Council has decided:

　　I. Certain provisions of 14 administrative regulations are hereby amended.

　　II. Repeal of the “Provisional Measures for the Supervision of Product Quality” (approved by the State Council on March 7, 1985; promulgated by the National Standards Bureau on March 15, 1985; amended in accordance with the “Decision of the State Council on the Repeal and Amendment of Certain Administrative Regulations” dated January 8, 2011).

　　This Decision shall enter into force on the date of its promulgation.

Attachment: Administrative Regulations Amended by Decision of the State Council

Attachment

Administrative Regulations Amended by Decision of the State Council

I. Article 4 of the Regulations of the People’s Republic of China on International Maritime Transport shall be amended by adding a second paragraph, which reads as follows: “The transportation authorities under the State Council and the relevant local people’s government transportation authorities shall implement credit management over operators and practitioners engaged in international maritime transport and its ancillary services, and shall incorporate the relevant credit records into the National Credit Information Sharing Platform.”

　　Article 5 is amended to read: “To engage in the business of operating international passenger ships and international bulk liquid hazardous‑goods vessels, the following conditions shall be met:”

　　(1) Obtain corporate legal person status;

　　(2) Possess vessels suitable for the business operations, including at least one vessel of Chinese nationality;

　　(3) Vessels put into operation shall comply with the national technical standards for maritime traffic safety;

　　(4) Possession of a bill of lading, passenger ticket, or multimodal transport document;

　　(5) Possess senior business management personnel who hold the professional qualifications prescribed by the transportation authority under the State Council.

　　“To engage in the operation of international container shipping and international general cargo shipping, an enterprise must obtain corporate legal person status and possess vessels suitable for its business activities.”

　　Article 6 is amended to read: “To engage in the business of operating international passenger ships and international bulk liquid hazardous‑goods vessels, an application shall be submitted to the transportation authority under the State Council, together with relevant materials demonstrating compliance with the conditions set forth in Article 5 of these Regulations. The transportation authority under the State Council shall complete its review within thirty days from the date of receipt of the application and render a decision to grant or deny the license. If the license is granted, the applicant shall be issued an International Ship Transport Business License; if the license is denied, the applicant shall be notified in writing, with the reasons stated.”

　　When reviewing applications for international passenger ship and international bulk liquid hazardous cargo vessel transport services, the competent transportation authority under the State Council shall take into account the state’s policies on the development of the international maritime transport industry and the competitive landscape of the international maritime transport market.

　　“An applicant seeking to operate international passenger shipping services and, concurrently, international liner shipping services shall also submit the relevant documents prescribed in Article 11 of these Regulations, which shall be reviewed and registered jointly by the competent transportation authority under the State Council.”

　　“Operators engaged in the international container shipping and international general cargo shipping businesses shall, within 15 days from the date of commencement of operations, file a record with the transportation authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government. The recorded information shall include the enterprise’s name, registered address, contact details, and vessel particulars.”

　　Article 7, paragraph 1, is amended to read: “Operators engaging in the business of non-vessel operating common carrier shall, within fifteen days from the date of commencement of operations, file a record with the transportation administrative department of the people’s government of the province, autonomous region, or municipality directly under the central government. The information to be filed shall include the enterprise’s name, registered address, and contact details.”

　　Delete Articles 8, 16, 20, 36, and 43.

　　Article 9 is renumbered as Article 8 and amended to read: “Operators of international passenger ships and international bulk liquid hazardous‑goods vessels shall not permit the use of their legally obtained operating qualifications by any other party.”

　　Article 10 is renumbered as Article 9 and amended to read: “Where an operator of international passenger ships or international bulk liquid hazardous‑goods carriers, having obtained the requisite operating qualifications in accordance with the provisions of these Regulations, subsequently fails to meet the conditions prescribed herein, the transportation authority under the State Council shall immediately revoke its operating qualification.”

　　Article 18 is renumbered as Article 16 and amended to read: “Operators of international passenger ships and international bulk liquid hazardous‑goods vessels shall, within fifteen days from the date on which any of the following circumstances occurs, file a record with the transportation authority under the State Council:”

　　(1) Discontinued operations;

　　(2) Reduction of operating vessels;

　　(3) Amendment of the bill of lading, passenger ticket, or multimodal transport document;

　　(4) Establishing branch offices or subsidiaries overseas to conduct the relevant business;

　　(5) The vessels owned are registered overseas and fly a foreign flag.

　　“Where operators of international passenger ships and international bulk liquid hazardous‑goods vessels increase their operating fleet, the additional vessels must comply with the safety and technical standards prescribed by the State and shall, within 15 days prior to commencing operation, file a record with the transportation authority under the State Council. The transportation authority under the State Council shall, within three days from the date of receipt of the filing materials, issue a certificate of recordation.”

　　“Where other Chinese enterprises fall under any of the circumstances set forth in subparagraphs (4) and (5) of paragraph 1 of this Article, they shall, in accordance with the provisions of paragraph 1 of this Article, complete the filing procedures.”

　　“Operators of international container shipping, operators of international general cargo shipping, and non-vessel operating common carriers who cease operations shall, within 15 days from the date of such cessation, file a record with the transportation authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government.”

　　In Article 28 and Article 42, “Article 21 of these Regulations” is amended to read “Article 18 of these Regulations.”

　　Article 35 is renumbered as Article 32 and amended to read: “Anyone who, without obtaining an International Ship Transport Business License, engages in the operation of international passenger ship services or international bulk liquid hazardous cargo shipping services shall be ordered by the transportation authority under the State Council or the local people’s government transportation authority authorized by it to cease such operations; any illegal gains shall be confiscated; if the illegal gains exceed RMB 500,000, a fine shall be imposed ranging from twice to five times the amount of the illegal gains; if there are no illegal gains or the illegal gains are less than RMB 500,000, a fine of not less than RMB 200,000 but not more than RMB 1 million shall be imposed.”

　　“Any entity engaged in the transport of international container vessels or international general cargo vessels that does not possess a fleet commensurate with its international maritime transport operations shall be ordered by the transportation authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government to make corrections; in cases of serious violations, it shall be ordered to suspend operations for rectification.”

　　Article 39 is renumbered as Article 35 and amended to read: “If an operator of international passenger ships or international bulk liquid hazardous‑goods vessels permits another party to use its legally obtained operating qualification, the transportation authority under the State Council or the local people’s government transportation authority authorized by it shall order it to make corrections within a specified time limit; if the correction is not made within the prescribed period, its operating qualification shall be revoked.”

　　Article 40 is renumbered as Article 36 and amended to read: “Where the filing procedures prescribed in these Regulations have not been fulfilled, the competent transportation authority of the State Council or the competent transportation authority of the people’s government of a province, autonomous region, or directly administered municipality shall order the party concerned to complete the filing procedures within a specified time limit; if the filing is not completed within the time limit, a fine of no less than RMB 10,000 but no more than RMB 50,000 shall be imposed, and the relevant qualification may also be revoked.”

　　Article 45 shall be renumbered as Article 40, and the phrase “and a fine of not less than RMB 20,000 but not more than RMB 100,000” therein shall be amended to read: “a fine of not more than RMB 20,000; in cases of serious circumstances, a fine of not less than RMB 20,000 but not more than RMB 100,000.”

　　Article 49 is renumbered as Article 44 and amended to read: “Foreign international ship transport operators may not engage in two-way direct shipping or third‑party transit shipping between mainland China and the Taiwan region without the approval of the transportation authority under the State Council.”

　　“Foreign international ship transport operators may not engage in passenger vessel or bulk liquid hazardous goods vessel transport services between mainland China and the Hong Kong Special Administrative Region or the Macao Special Administrative Region without prior approval from the transportation authorities of the people’s governments of the provinces, autonomous regions, or municipalities directly under the central government. Foreign international ship transport operators engaging in container vessel or general cargo vessel transport services between mainland China and the Hong Kong Special Administrative Region or the Macao Special Administrative Region shall file a record with the transportation authorities of the people’s governments of the provinces, autonomous regions, or municipalities directly under the central government.”

　　II. Articles 4 and 6 of the Measures for the Administration of Public Security in the Scrap Metal Acquisition Industry shall be merged and renumbered as Article 4, which shall read: “Enterprises and individual industrial and commercial households engaged in the acquisition of scrap metal shall, within fifteen days of obtaining their business license, file a record with the public security organ of the people’s government at the county level where they are located.”

　　If any changes occur to the matters subject to filing, enterprises and individual business households engaged in the acquisition of scrap metal shall, within 15 days from the date of such change (or, for matters falling under industrial and commercial registration, within 15 days from the date of the corresponding amendment to the industrial and commercial registration), apply to the public security organ of the people’s government at the county level for the relevant amendment procedures.

　　“Public security organs may, through online channels and other means, facilitate the filing of enterprises and individual business households.”

　　Delete Articles 12 and 16.

　　Article 13 is renumbered as Article 11 and amended to read: “Where any of the following circumstances exists, the public security organ shall impose the corresponding penalty:”

　　(1) In violation of Paragraph 1 of Article 4 of these Measures, any entity that acquires productive scrap metal without completing the required filing procedures shall receive a warning and be ordered to make corrections within a specified time limit; if it fails to comply after the deadline, a fine of no less than RMB 500 but no more than RMB 2,000 shall be imposed, depending on the severity of the circumstances. For the acquisition of non‑productive scrap metal without completing the required filing procedures, a warning shall be issued or a fine of no more than RMB 500 shall be imposed.

　　(2) In violation of Paragraph 2 of Article 4 of these Measures, failure to file the required amendment with the public security organ shall be subject to a warning or a fine of no more than RMB 200.

　　(3) Any entity that, in violation of Article 6 of these Measures, illegally establishes collection points to purchase scrap metal shall be shut down; the illegally acquired items and any illicit proceeds shall be confiscated, and a fine of no less than RMB 5,000 but no more than RMB 10,000 may also be imposed.

　　(4) In violation of Article 7 of these Measures, any entity that fails to maintain accurate records when purchasing scrap metal used in production shall, depending on the severity of the circumstances, be subject to a fine of no less than RMB 2,000 and no more than RMB 5,000, or be ordered to suspend operations for rectification.

　　(5) Any entity that, in violation of Article 8 of these Measures, acquires metal items whose acquisition is prohibited shall, depending on the severity of the circumstances, be subject to a fine of no less than RMB 2,000 and no more than RMB 10,000, or be ordered to suspend operations for rectification.

　　“If any of the circumstances set forth in items (1), (3), (4), and (5) of the preceding paragraph constitutes a crime, criminal liability shall be pursued in accordance with the law.”

　　III. Article 24, paragraph 3, of the Regulations of the People’s Republic of China on the Administration of Industrial Product Production Licenses shall be amended to read as follows: “The competent authority of the State Council for industrial product production licenses shall promptly notify the State Council’s development and reform department, the State Council’s health authority, and other relevant departments of any decisions it has made to grant licenses for the relevant products.”

　　Delete paragraph 2 of Article 37.

　　Article 53 is amended to read: “If an enterprise that has obtained a production license fails to submit reports on a regular basis to the competent authority for industrial product production licenses of the province, autonomous region, or municipality directly under the central government as prescribed in these Regulations, the said competent authority shall order it to make corrections within a specified time limit.”

　　Article 65 is amended to read: “The administrative penalty of revoking a production license prescribed in these Regulations shall be decided by the competent authority for industrial product production licenses. The competent authority for industrial product production licenses shall promptly notify the development and reform authorities, the health authorities, and other relevant departments of any administrative penalty decision it has made to revoke the production license of the relevant product.”

　　“If laws or administrative regulations provide otherwise regarding the authorities empowered to impose administrative penalties, such provisions shall prevail.”

　　IV. Article 66 of the Regulations of the People’s Republic of China on Certification and Accreditation is amended to read as follows: “Where products listed in the catalog are manufactured, sold, imported, or used in other business activities without certification, an order shall be issued requiring rectification within a specified time limit, and a fine of no less than RMB 50,000 but no more than RMB 200,000 shall be imposed; if the value of the illegally certified products is less than RMB 10,000, a fine of up to twice the value of the goods shall be imposed; any illegal gains shall be confiscated.”

　　V. Article 63 of the Regulations of the People’s Republic of China on Road Transport is amended to read as follows: “Anyone who, in violation of the provisions of these Regulations, falls under any of the following circumstances shall be ordered by the transportation administrative department of the local people’s government at or above the county level to cease operations and shall be subject to a fine; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law:”

　　(1) Where a person engages in the business of ordinary road freight transportation without obtaining a road transport operating permit, and the illegal gains exceed RMB 10,000, the illegal gains shall be confiscated, and a fine shall be imposed ranging from one to five times the amount of such illegal gains; if there are no illegal gains or the illegal gains are less than RMB 10,000, a fine of not less than RMB 3,000 but not more than RMB 10,000 shall be imposed; in cases of serious circumstances, a fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed.

　　(2) Where a person engages in road passenger transport operations without obtaining the requisite road transport business license, and the illegal gains exceed RMB 20,000, the illegal gains shall be confiscated, and a fine of not less than twice but not more than ten times the amount of such illegal gains shall be imposed; if there are no illegal gains or the illegal gains are less than RMB 20,000, a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed.

　　“(3) Where a person engages in the business of transporting dangerous goods by road without obtaining the requisite road transport operating license, and the illegal gains exceed RMB 20,000, the illegal gains shall be confiscated, and a fine shall be imposed ranging from twice to ten times the amount of such illegal gains; if there are no illegal gains or the illegal gains are less than RMB 20,000, a fine of not less than RMB 30,000 but not more than RMB 100,000 shall be imposed.”

　　Article 65, paragraph 3, is amended to read: “Anyone engaged in the operation of road freight transport stations (yards) or motor vehicle driver training services who fails to file the required record shall be ordered by the transportation administrative department of the local people’s government at or above the county level to make corrections; if they refuse to do so, a fine of no less than RMB 5,000 and no more than RMB 20,000 shall be imposed.” Two additional paragraphs are added as paragraphs 4 and 5: “Anyone engaged in motor vehicle repair and maintenance services who fails to file the required record shall be ordered by the transportation administrative department of the local people’s government at or above the county level to make corrections; if they refuse to do so, a fine of no less than RMB 3,000 and no more than RMB 10,000 shall be imposed.”

　　“Where false materials are submitted during the filing process and the circumstances are serious, the directly responsible principal officers and other persons directly liable shall be prohibited from engaging in the originally filed business for a period of five years.”

　　Delete Article 68.

　　Article 69 shall be renumbered as Article 68 and amended to read: “In violation of the provisions of these Regulations, if a passenger transport operator falls under any of the following circumstances, the transportation administrative department of the local people’s government at or above the county level shall order it to make corrections and impose a fine of no less than RMB 1,000 but no more than RMB 2,000; in cases of serious violations, the original licensing authority shall revoke its road transport business license.”

　　(1) Failing to stop at the approved passenger stations or failing to operate on the designated routes and published schedules;

　　(2) During passenger transportation, unilaterally changing the transport vehicle or transferring passengers to another carrier;

　　(3) Terminating passenger transport operations without reporting to the original licensing authority.

　　“If a passenger transport operator forcibly solicits passengers, or if a freight transport operator forcibly solicits cargo or fails to take necessary measures to prevent cargo from falling off or scattering, the competent transportation authority of the local people’s government at or above the county level shall order rectification and impose a fine of no less than RMB 1,000 but no more than RMB 3,000; in cases of serious violations, the original licensing authority shall revoke the road transport business license.”

　　Article 71 shall be renumbered as Article 70, and the phrase “operator of a road transport station (terminal)” in paragraph 1 shall be amended to read “operator of a road passenger transport station (terminal).” A new paragraph shall be added as paragraph 2: “If an operator of a road freight transport station (terminal) engages in any of the unlawful acts specified in the preceding paragraph, the competent transportation authority of the local people’s government at or above the county level shall order it to make corrections and impose a fine of no less than RMB 3,000 and no more than RMB 30,000.”

　　Article 75 shall be renumbered as Article 74, and the phrase “or failing to display nationality identification markings” in paragraph 1 shall be deleted. A new paragraph shall be added as paragraph 2: “If a foreign international road transport operator fails to display nationality identification markings as required, the competent transportation authority of the people’s government of the province, autonomous region, or municipality directly under the central government shall order it to cease operations and impose a fine of no less than RMB 200 and no more than RMB 2,000.”

　　VI. Article 34, paragraph 2, of the Regulations on the Administration of Domestic Inland Waterway Transport is hereby repealed.

　　VII. Delete the phrase “seafarer’s certificate of competency” from Article 49 of the Regulations of the People’s Republic of China on Seafarers, and the word “certificate” from paragraph 1 of Article 53.

　　Delete Article 51.

　　Article 55 shall be renumbered as Article 54, and paragraph 1 shall be deleted.

　　VIII. In Articles 38, 43, and 44 of the Regulations on the Risk Disposal of Securities Companies, “Article 129 of the Securities Law” shall be amended to read “Article 122 of the Securities Law.”

　　Article 59 is amended to read: “If directors, supervisors, senior management personnel, or other relevant persons of a securities company bear primary responsibility for the disposition of that securities company and the circumstances are serious, measures may be imposed on them, in accordance with the provisions, to prohibit their entry into the securities market.”

　　Delete the phrases “and may suspend their eligibility for office or securities‑industry qualifications” and “revoke their eligibility for office or securities‑industry qualifications” from Article 60.

　　9. Article 16 of the Regulations on the Administration of Sand Extraction in the Yangtze River Channel is amended to read as follows: “Except for operations within the permitted extraction area during the period specified in the river channel sand‑extraction permit, sand‑extraction vessels shall be moored at locations designated by the people’s government of the county along the river, and their owners or users shall be responsible for their custody and maintenance. Without justifiable reasons, such vessels may not depart from the designated locations without authorization.”

　　Delete Article 17.

　　Add a new article, to be Article 17: “The transportation, acquisition, and sale of sand and gravel from the Yangtze River channel that have been mined by entities or individuals without a river‑channel sand‑extraction permit are prohibited.”

　　“The Yangtze River Water Resources Commission shall, in coordination with the water administrative departments of the provinces and municipalities directly under the central government along the river, relevant authorities, the Yangtze River Navigation Administration, the Yangtze River Maritime Safety Administration, and other pertinent entities, establish a unified information platform for the management of sand extraction from the Yangtze River channel, and promote the implementation of end-to-end traceability throughout the entire process of sand and gravel extraction, transportation, acquisition, and sale.”

　　Article 18 is amended to read: “Anyone who, in violation of the provisions of these Regulations, engages in sand mining in the Yangtze River without obtaining a river‑channel sand‑mining permit shall, by the water administrative department of the people’s government at or above the county level or by the Yangtze River Water Resources Commission within their respective jurisdictions, be ordered to cease the illegal activity; the illegally mined sand and gravel, any unlawful proceeds, as well as the sand‑mining vessels and excavation machinery and other operational equipment and tools, shall be confiscated; and a fine shall be imposed ranging from twice to twenty times the value of the illegally mined sand and gravel. If the value of the goods is less than RMB 100,000, a fine of not less than RMB 200,000 but not more than RMB 2 million shall be imposed. Where the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.”

　　Article 19 is amended to read: “Any sand‑extraction entity or individual that, in violation of the provisions of these Regulations, fails to carry out sand extraction in accordance with the requirements set forth in the river‑channel sand‑extraction permit shall, by the water administrative department of the local people’s government at or above the county level or by the Yangtze River Water Resources Commission within their respective jurisdictions, be ordered to cease the illegal activity, have the illegally extracted sand and gravel and any unlawful proceeds confiscated, and be subject to a fine of not less than one but not more than two times the value of the illegally extracted sand and gravel. If the circumstances are serious, or if extraction takes place in a prohibited area or during a prohibited period, the illegally extracted sand and gravel, any unlawful proceeds, as well as the sand‑extraction vessels and excavation machinery and other operational equipment and tools, shall be confiscated; the river‑channel sand‑extraction permit shall be revoked; and a fine of not less than two but not more than twenty times the value of the illegally extracted sand and gravel shall be imposed. Where the value of the illegally extracted sand and gravel is less than RMB 100,000, a fine of not less than RMB 200,000 but not more than RMB 2 million shall be imposed. If the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.”

　　Add a new article, to be Article 20: “Anyone who, in violation of the provisions of these Regulations, transports, purchases, or sells sand and gravel from the Yangtze River that have been extracted by entities or individuals without a river‑channel sand‑extraction permit shall, in accordance with their respective powers, be ordered by the water administrative department of the local people’s government at or above the county level, the Yangtze River Water Resources Commission, the relevant maritime administration authorities, and other competent departments of the local people’s government at or above the county level, to cease the illegal activity, have the illegally transported, purchased, or sold sand and gravel and any unlawful proceeds confiscated, and be subject to a fine of no less than RMB 20,000 but no more than RMB 200,000; in cases of serious circumstances, a fine of no less than RMB 200,000 but no more than RMB 2 million shall also be imposed; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.”

　　Article 20 is renumbered as Article 21 and amended to read: “Any sand‑mining vessel that, in violation of the provisions of these Regulations, fails to moor at the designated location or departs from such location without justifiable cause shall be ordered by the water administration department of the local people’s government at or above the county level to remain at the designated location and shall be subject to a fine of no less than RMB 30,000 and no more than RMB 100,000; if it refuses to comply, it shall be forcibly relocated to the designated location.”

　　Article 21 is renumbered as Article 22 and amended to read: “Where a permit for sand extraction from river channels is forged, altered, transferred, leased, or lent, the competent water administrative department of the people’s government at or above the county level, or the Yangtze River Water Resources Commission, shall, in accordance with its statutory powers, revoke or confiscate the permit, confiscate any illegal gains, and impose a fine of no less than RMB 50,000 but no more than RMB 500,000; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law.”

　　Delete Article 22.

　　In Article 24, “administrative sanction” is amended to “sanction.”

　　Article 26 is amended to read: “Anyone who commits any of the following acts shall be subject to disciplinary sanctions in accordance with the law against the responsible persons in charge and other directly responsible personnel; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law:”

　　(1) Failure to implement an approved Yangtze River sand‑extraction plan, unauthorized modification of such a plan, or organization of sand extraction in violation of the plan;

　　(2) Failing to review and issue river sand‑extraction permits or other approval documents in accordance with the prescribed procedures;

　　“(3) Failure to perform the supervisory and inspection duties prescribed in these Regulations, resulting in disorder in sand‑extraction activities on the Yangtze River or causing a major accident for which responsibility is incurred.”

　　X. In Article 10, Paragraph 3 of the Regulations on the Administration of Marine Observation and Forecasting, “approval” shall be amended to “filing.”

　　Article 31 is amended to read: “Where a marine observation station (or site) is established or adjusted without filing in accordance with the relevant provisions, the competent marine administrative authority shall order rectification within a specified time limit and impose a fine of no less than RMB 20,000 but no more than RMB 100,000; where it fails to comply with the marine observation network plan, the authority shall order its removal within a specified time limit; if the removal is not carried out by the deadline, compulsory demolition shall be enforced in accordance with the law, with the costs borne by the violator.”

　　XI. Article 3 of the Measures for the Administration of Invoices of the People’s Republic of China shall be amended by adding a second paragraph, which reads as follows: “Invoices include paper invoices and electronic invoices. Electronic invoices have the same legal effect as paper invoices. The State actively promotes the use of electronic invoices.”

　　Article 4 is amended by adding a new paragraph as paragraph 1: “Invoice management shall uphold and strengthen the leadership of the Party and serve economic and social development.”

　　Article 5 is amended to read: “The specific administrative measures governing the types, copies, contents, coding rules, data standards, and scope of use of invoices shall be prescribed by the tax authority under the State Council.”

　　Article 8, paragraph 2, is amended to read: “Tax authorities shall, in accordance with the relevant provisions on government procurement, designate the enterprises authorized to print invoices.”

　　In Article 12, the term “approval” is amended to “determination.”

　　Article 14, paragraph 1, is amended to read: “Invoices used by entities and individuals within each province, autonomous region, or directly administered municipality shall, except for special value-added tax invoices, be printed within the respective province, autonomous region, or municipality. Where it is genuinely necessary to have them printed in another province, autonomous region, or municipality, the tax authorities of the province, autonomous region, or municipality concerned shall, after consultation with the tax authorities of the place of printing, designate the enterprise authorized to print such invoices.”

　　Article 15 is amended to read: “Units and individuals requiring invoices shall, holding their establishment registration certificate or tax registration certificate and the identity document of the authorized representative, apply to the competent tax authority for invoice‑issuance procedures. For paper invoices, they must also submit an imprint of the official seal for invoices, manufactured in accordance with the format prescribed by the State Council’s tax administration department. The competent tax authority shall, within five working days, determine the types, quantities, and method of invoice issuance based on the business scope, scale, and risk level of the applying unit or individual.”

　　“When organizations and individuals obtain invoices, they shall report their invoice usage in accordance with the regulations of the tax authorities, and the tax authorities shall conduct inspections as prescribed.”

　　Delete Article 18 and Article 34.

　　Article 22 shall be renumbered as Article 21, and paragraph 1 shall be amended to read: “Invoices shall be issued truthfully, in accordance with the prescribed time limits, sequence, and column headings, and all copies shall be completed at one time. When issuing paper invoices, the official invoice seal shall be affixed.”

　　Article 23 is renumbered as Article 22, and paragraph 3 is amended to read: “Any entity or individual that develops an electronic invoicing information system for its own use or provides electronic invoicing services to others shall comply with the provisions of the tax authority under the State Council.”

　　Article 24 shall be renumbered as Article 23, and a new paragraph shall be added as paragraph 1, item 6: “(6) Stealing, intercepting, tampering with, selling, or disclosing invoice data.”

　　Article 27 is renumbered as Article 26 and amended to read: “Units and individuals issuing invoices shall establish a system for registering invoice usage, cooperate with the tax authorities in identity verification, and regularly report to the competent tax authority on the status of invoice usage.”

　　Article 29 is renumbered as Article 28 and amended to read: “Units and individuals issuing invoices shall, in accordance with relevant state regulations, store and safeguard invoices and may not destroy them without authorization. The stubs of invoices that have already been issued shall be retained for a period of five years.”

　　Article 38 shall be renumbered as Article 36. In paragraph 1, after “forging the invoice supervision seal,” add “stealing, intercepting, tampering with, selling, or disclosing invoice data”; and delete from paragraph 1 the phrase “for enterprises that print invoices, a supplementary penalty of revoking the invoice printing permit may also be imposed.”

　　Chapter III: The term “purchase” in Article 2, Article 17, Article 25, and Article 30 shall be amended to “obtain.”

　　In Article 25, the term “invoice” is amended to read “paper invoice.”

　　Delete “and the invoice purchase ledger” from Article 28.

　　Delete “paragraph 2 of Article 22” from paragraph 1 of Article 37.

　　XII. In Article 1 of the Measures for the Registration of Adoption of Children by Chinese Citizens, “Adoption Law” shall be amended to “Civil Code.”

　　Add a new article, to be numbered Article 3: “Adoption registration shall be conducted under the leadership of the Communist Party of China, in accordance with the principle of acting in the best interests of the adoptee, and shall safeguard the lawful rights and interests of both the adoptee and the adoptive parents.”

　　Article 5 shall be renumbered as Article 6. In paragraph 2, “family planning department” shall be amended to “health and health‑related competent authority”; “the adopter shall also submit the following supporting documents” shall be amended to “the adopter shall submit the following supporting documents”; and “certificate of childlessness of the adopter” shall be amended to “certificate of the adopter’s reproductive status.”

　　Article 6 shall be renumbered as Article 7. In paragraph 1, “Adoption Law” shall be replaced with “Civil Code”; in paragraph 4, the phrase “If the biological parents are the adopters, they shall also submit an agreement signed with the local family planning authority confirming compliance with family planning regulations; if they have special difficulties and are unable to raise their children, they shall further submit a statement attesting to such special difficulties” shall be amended to read: “If the biological parents are the adopters and have special difficulties that render them unable to raise their children, they shall further submit a statement attesting to such special difficulties; if the adoption is initiated by one parent due to the death of the other spouse or the unknown whereabouts of the other spouse, they shall also submit proof of the spouse’s death or unknown whereabouts.”

　　Articles 7 and 10 shall be renumbered as Articles 8 and 11, respectively, and the term “Adoption Law” therein shall be amended to read “Civil Code.”

　　Thirteen: Article 2, paragraph 2, of the Measures for the Implementation of the Maternal and Infant Health Care Law of the People’s Republic of China is hereby deleted.

　　In Article 8, “departments such as labor security and family planning” is amended to read “departments such as human resources and social security.”

　　XIV. In Article 51 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People’s Republic of China, “Article 30 of the Tobacco Monopoly Law” shall be amended to “Article 28 of the Tobacco Monopoly Law”; in Article 52, “Article 31 of the Tobacco Monopoly Law” shall be amended to “Article 29 of the Tobacco Monopoly Law”; in Article 53, “Article 32 of the Tobacco Monopoly Law” shall be amended to “Article 30 of the Tobacco Monopoly Law”; and in Article 54, “Article 33 of the Tobacco Monopoly Law” shall be amended to “Article 31 of the Tobacco Monopoly Law”.

　　In addition, the numbering of provisions in the relevant administrative regulations has been adjusted accordingly.

[Editor-in-charge: Qiu Lifang]

Source: Xinhua Net