How can NGOs survive in China? – Mark Schaub

 

Mark Schaub

In recent years NGOs have been seeing tougher regulatory oversight, including visits from the police forces, urging them to comply with China’s regulations for NGOs. China lawyer Mark Schaub dives into the recent law for NGOs and concludes that survival in China is possible, he writes for the China Law Insight.

Mark Schaub:

Foreign NGOs have become a more established part of the China economic and social landscape.

By some counts there are some 7,000 foreign NGOs operating in China[8] in some form or another – official or under the radar. However, most commentators believe there are some 500 to 700 foreign NGOs registered officially as Representative Offices in China and many more engaging in temporary activities.

Many of these registered foreign NGOs are trade promotion bodies or guild like organizations. These tend to be far less controversial organizations than NGOs dedicated to political or social issues. In our experience, the Chinese authorities have been even handed in dealing with these entities provided the Overseas NGOs have agreed to bring their operations in line with the legal requirements.

More in the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your (online) meeting or conference? Do get in touch or fill in our speakers’ request form.

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How China starts facilitating sales of autonomously driving cars – Mark Schaub

 

Mark Schaub

Selling cars in China has been notoriously difficult because of stringent regulations. Mass production of autonomous cars will only be possible when the government paves the legal way for those cars, and just that is happening, writes China lawyer Mark Schaub at the China Law Insight.

Mark Schaub:

China has accelerated its promulgation of laws, regulations, policies and standards related to autonomous cars in 2021. The Draft Admission Guide coupled with the Draft Regulations of Shenzhen Special Economic Zone on the Administration of Intelligent and Connected Vehicles for public comments and the Draft Proposed Amendments of the Road Traffic Safety Law issued by the Ministry of Public Security of China indicate that law makers are seeking real life solutions to the soon to be reality of autonomous cars.

The Draft Admission Guide sets out a commercial case for autonomous cars as it sets admission conditions for autonomous cars and their manufacturers. These requirements understandably centre on the core issues of safety and security. Further, and underscoring safety concerns, at present the authorities are only considering mass production of Level 3 and Level 4 autonomous cars in China. Level 5 autonomous cars are expected to be some way down the track.

More details at the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your (online) meeting or conference? Do get in touch or fill in our speakers’ request form.

Are you looking for more strategic experts at the China Speakers Bureau? Do check out this list.

How China moves on legislation on autonomous driving cars – Mark Schaub

 

Mark Schaub

China is moving fast on setting up legislation on the development of autonomous driving cars in China, in tandem with the fast technological and commercial developments, writes China-lawyer Mark Schaub in the China Law Insight. These detailed regulations will have a significant and positive impact on the industry, he adds.

The China Law Insight

The Ministry of Public Security Draft Proposal and the Shenzhen Draft for Public Comments mark the first step in China’s legalisation specifically for autonomous cars. These regulations will have a significant and positive impact on the development of autonomous cars in China.

Their provisions on liability will directly impact the development of technologies and business models for autonomous cars in China as well as requiring changes in how contractual arrangements between automated driving system developers and carmakers are made.

Despite the positive elements it should be noted that much is left to be clarified and there are already issues in respect of how to ensure consistency between laws. The classification of autonomous cars in the Shenzhen Draft Regulations seems to differ from that outlined in the MPS Proposed Amendments.

The term “autonomous cars equipped with drivers” in the Shenzhen Draft Regulations and the term “autonomous cars equipped with automated driving functions and manual operation modes” in the MPS Proposed Amendments seem to both primarily refer to conditionally automated vehicles (i.e., level 3). However, the two terms are expressed differently and the responsible party for traffic violations and liability also differ. While the MPS Draft Amendments identifies the responsible party to be the driver or the automated driving system developer, the Shenzhen Draft Regulations defines the responsible party to be the driver, manufacturer or distributor. The question of how to maintain consistency on liability for traffic violations or accidents of autonomous cars in the legislations may be an important consideration in the subsequent revision of these pieces of draft legislation.

Although the relevant provisions of the MPS Proposed Amendments and the Shenzhen Draft Regulations are still in draft form (and therefore the final official versions are likely to undergo significant amendment), the two drafts will undoubtedly directly drive China’s legislation in the field of autonomous cars and therefore have a profound impact on the commercialization of autonomous cars in China.

More at the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your (online) meeting or conference? Do get in touch or fill in our speakers’ request form.

Are you looking for more strategic experts at the China Speakers Bureau? Do check out this list.

Less red tape and more certainty for cosmetics manufacturers - Mark Schaub

Mark Schaub

China has adopted new regulations for cosmetics manufacturers allowing more access to the China market, although the changes are not only positive, writes China-lawyer Mark Schaub at the China Law Insight. 

Mark Schaub:

The cosmetics market in China is growing bigger each year. Data from China’s National Bureau of Statistics suggests total retail sales of cosmetics in China in 2019 exceeded RMB 299 billion and a year-on-year growth was almost 13%, which means that retail sales increased by approximately 40 billion over the year.[1] The size and growth of the Chinese cosmetics market has not gone unnoticed by the authorities. There is a significant increase in cosmetic product offerings and competition. To address issues such as product safety and quality, the PRC authorities finally passed new regulations to better regulate the cosmetics industry... 

The New Regulation is passed in a similar form to the Second Draft with minor changes. For overseas cosmetics manufacturers, the New Regulation provides more market access; less red tape and more certainty. On the negative side, the New Regulation will increase obligations and expands the types of measures the Chinese authorities can take. However, none of the measures are highly surprising and the triggers for taking action are also reasonable. Few international manufacturers are likely to be anxious about such measures. It would be wise for overseas manufacturers to monitor the implementation of the New Regulation as they will not bring just increased levels of responsibilities but very welcome market access and clarity.

More details at the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your (online) meeting or conference? Do get in touch or fill in our speakers' request form. 

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New rules for China's cosmetics - Mark Schaub

Mark Schaub

China is overhauling its now 30-years old regulations for cosmetics, a fast-growing industry of now 260 billion Renminbi (euro 34 billion). The new rules remove some of the red tape, says lawyer Mark Schaub, but also gives the authorities more leverage over the industry, he writes at the China Law Insight.

Mark Schaub

The Regulations on Hygiene Supervision of Cosmetics (<化妆品卫生监督条例>) (“Current Regulation”)[2] are the most important and also primary regulation that currently governs the production of cosmetics and the operation of cosmetics companies in China. As the Current Regulation was passed a long time ago (actually when there was still a Soviet Union) and a lot has happened in China ever since, it is more and more obvious that the Current Regulation is too outdated to deal with new issues that continue to emerge in the cosmetics industry. 

The Chinese authorities have taken measures to improve the regulatory framework under the Current Regulation to meet changing needs of the market and also of an industry that has evolved towards increasing complexity but the time is nigh that the Current Regulation  is now ripe to bow out after almost thirty years since first being published. 

The much awaited second draft of Regulations on Supervision and Administration of Cosmetics (<化妆品监督管理条例 (草案)>) (“Second Draft”)[3] was circulated for comment amongst cosmetics industry associations and stakeholders back in August 2018. A final draft is anticipated to be issued in the near future and when this happens it will replace the Current Regulation... 

For overseas cosmetics manufacturers the Second Draft provides more market access; less red tape and more certainty. On the negative side the Second Draft will increase obligations and expands the types of measures the Chinese authorities can take. However, none of the measures are highly surprising and the triggers for taking action are also reasonable. Few international manufacturers are likely to be anxious about such measures. It would be wise for overseas manufacturers to monitor the progress of the new Chinese regulations on cosmetics as they will not bring just increased levels of responsibilities but very welcome market access and clarity.

More details at the China Law Insight.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your meeting or conference? Do get in touch or fill in our speakers' request form.

Are you looking for more political experts at the China Speakers Bureau? Do check out this list.

China develops rules for self-driving cars - Mark Schaub

Mark Schaub

China is moving fast in developing self-driving cars, but also authorities move fast in paving the legal roads for those cars by developing Draft Guidelines, says Shanghai-based lawyer Mark Schaub in Lexology. The ambitious approach is in line with the technological improvements, the government is having on its agenda.

Mark Schaub:

Most of the standards to be established under the Draft Guidelines are recommended (not mandatory) national standards with few exceptions. There are 95 standards to be established under the Draft Guidelines – 11 for Foundation, 28 for General Specification, 47 for Product and Technology Application and 9 for Relevant Standards. 

The Draft Guidelines also reveal that there are 21 standards that are planned to be worked out in next 2-3 years, which includes Advanced Driver Assistance System (ADAS), automatic emergency brakes (AEB), definition of levels of driving automation and in-car T-BOX, and some of them have been in the process of project approval. 

What is Next?The MIIT and SAC have set one month for public comment on the Draft Guidelines which will expire by 12 July 2017. Similar draft guidelines have been prepared by MIIT and SAC and circulated to limited groups for comment in 2016. It is currently anticipated that the Draft Guidelines will be officially issued within the next few months.The Draft Guidelines indicate that a sub technology committee for ICV is under way of formation under the National Technical Committee of Auto Standardization[2] to coordinate the establishment of the standards system of ICV. 

In addition, just one day before the issuance of the Draft Guidelines, i.e., on 12 June 2017, an Industry Innovation Alliance of China Intelligent & Connected Vehicles (“Alliance”) was formed with the guidance of MIIT to facilitate the strategic development of the ICV industry of China. 

Mr. Miao Wei, the current minister of MIIT revealed on the same day when the Alliance was formed that ICV is a high ground whereby China can strategically seize the future of the auto industry and is an important opportunity to upgrade China’s auto industry from merely big to also being strong. The minister also indicated that China is formulating the overall development plan for ICV and is drafting regulations on ICV testing on public roads. 

Recently, more developed countries have facilitated their legislation for automated driving. For example, on 12 May 2017, the German parliament (the Bundestag, the lower house and the Bundesrat, the upper chamber) has approved the amendments of German Road Traffic Act (Straßenverkehrsgesetz, StVG) to allow automated driving. Australia and Japan also issued guidelines and regulations for road testing of automated driving in June 2017. In the market, traditional and new car makers and technology companies are accelerating their investment and products development in automated driving. 

It is clear that the China government is keen to avoid lagging behind the competition in respect of automated driving. Based on the regulations it appears that China sees the development of ICV as a good opportunity to overtake incumbents in China’s auto industry. It is anticipated that more guidelines and regulations will be in place in China soon to further boost the development of ICV.

Many more details on Lexology.

Mark Schaub is a speaker at the China Speakers Bureau. Do you need him at your meeting or conference? Do get in touch or fill in our speakers' request form.

Are you looking for more experts on innovation at the China Speakers Bureau? Do check out this list.  

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