The NPC Standing Committee’s Decision on Amending the Labor Law of People’s Republic of China (PRC) and Other Seven Laws
order of the president of the people’s republic of china
No.24
The Decision of the NPC Standing Committee on Amending the Labor Law of People’s Republic of China (PRC) and other seven laws was adopted by the Seventh Session of the 13th the NPC Standing Committee of the People’s Republic of China on December 29, 2018. It is hereby promulgated and shall come into force as of the date of promulgation.
Chairman People’s Republic of China (PRC), Supreme Leader
December 29, 2018
The seventh session of the 13th the NPC Standing Committee decided:
I. Amending the Labor Law of People’s Republic of China (PRC).
(a) in the second paragraph of article fifteenth, "the examination and approval procedures must be performed in accordance with the relevant provisions of the state" is amended as "the relevant provisions of the state must be observed".
(two) the sixty-ninth "by the government approved appraisal institutions" is amended as "by the record appraisal institutions".
(three) the "administrative department for industry and commerce" in Article 94 is amended as "market supervision and management department".
II. Amend the Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly.
(1) Delete Article 43.
(2) Change Article 44 into Article 43 and amend it to read: "The establishment of public welfare institutions for the aged shall be registered according to law.
"The establishment of an operating pension institution shall be registered in the market supervision and management department.
"After the old-age care institution is registered, it can carry out service activities and file it with the civil affairs department of the people’s government at or above the county level."
(3) One article is added as Article 44: "Local people’s governments at all levels shall strengthen their leadership over the management of old-age care institutions in their respective administrative areas and establish a comprehensive supervision system for old-age care institutions.
"The civil affairs department of the people’s government at or above the county level is responsible for the guidance, supervision and management of the old-age care institutions, and other relevant departments shall supervise the old-age care institutions in accordance with the division of responsibilities."
(4) One article is added as Article 45: "The civil affairs departments of the people’s governments at or above the county level may take the following measures to perform their duties of supervision and inspection according to law:
"(a) to understand the situation of pension institutions and individuals;
"(two) to enter the suspected illegal pension institutions for on-site inspection;
"(3) consulting or copying relevant contracts, bills, account books and other relevant materials;
"(four) found that the old-age care institutions may endanger personal health and life and property safety risks, shall be ordered to make corrections within a time limit, overdue correction, shall be ordered to suspend business for rectification.
"The civil affairs departments of the people’s governments at or above the county level shall abide by the provisions of the Administrative Compulsory Law of the People’s Republic of China and other relevant laws and administrative regulations when investigating suspected illegal acts of pension institutions."
(5) Delete Article 78.
Three, the "People’s Republic of China (PRC) environmental noise pollution prevention law" to make changes.
(a) Article 6, Article 10, paragraph 1, Article 11, Article 13, paragraph 2, Article 15, Article 17, paragraph 3, Article 20, Article 21, paragraph 1, Article 24, Article 29, Article 42, Article 49, Article 50, Article 51, Article 52, paragraph 2, Article 55, Article 56, Article 42
(two) in the second paragraph of article fourteenth, the "acceptance by the competent administrative department of environmental protection that originally approved the environmental impact report" is amended as "acceptance in accordance with the standards and procedures prescribed by the state".
(three) the "administrative department for industry and commerce" in the first paragraph of article forty-third is amended as "market supervision and management department".
(4) In Article 48, "The competent administrative department of environmental protection that approved the environmental impact report of the construction project shall order it to stop production or use and may impose a fine" is amended as "The competent department of ecological environment at or above the county level shall order it to make corrections within a time limit and impose a fine on units and individuals; If it causes serious environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be ordered to close after being approved by the people’s government with the right of approval. "
Four, the "Environmental Impact Assessment Law of the People’s Republic of China" is amended.
(1) The "competent administrative department of environmental protection" in Article 6, Paragraph 2, Article 9, Article 13, Paragraph 3 of Article 16, Paragraph 2 of Article 17, Paragraph 1 of Article 22, Article 23, Article 31 and Article 34 is amended as "competent department of ecological environment".
(2) Amend Article 19 to read: "A construction unit may entrust a technical unit to carry out environmental impact assessment on its construction project, and prepare an environmental impact report and an environmental impact report form for the construction project; If the construction unit has the technical ability of environmental impact assessment, it can carry out environmental impact assessment on its own construction projects and prepare environmental impact reports and environmental impact reports of construction projects.
"The preparation of environmental impact reports and environmental impact reports of construction projects shall comply with the relevant national environmental impact assessment standards and technical specifications.
"The competent department of ecological environment in the State Council shall formulate the capacity-building guidelines and supervision measures for the preparation of environmental impact reports and environmental impact reports of construction projects.
"The technical unit entrusted to prepare the environmental impact report and environmental impact report form of the construction project for the construction unit shall not have any interest relationship with the competent department of ecological environment or other relevant examination and approval departments responsible for examining and approving the environmental impact report and environmental impact report form of the construction project."
(3) Article 20 is amended as: "The construction unit shall be responsible for the contents and conclusions of the environmental impact report and environmental impact report form of the construction project, and the technical unit entrusted to prepare the environmental impact report and environmental impact report form of the construction project shall bear corresponding responsibilities for the environmental impact report and environmental impact report form of the construction project prepared by it.
"The competent department of ecological environment of the people’s government at or above the municipal level shall strengthen the supervision, management and quality assessment of the environmental impact report and environmental impact report preparation unit of the construction project.
"Responsible for the examination and approval of the construction project environmental impact report, environmental impact report form of the competent department of ecological environment should be the preparation unit, preparation of the host and the main staff of the relevant illegal information recorded in the social credit files, and incorporated into the national credit information sharing platform and the national enterprise credit information publicity system to the public.
"No unit or individual may designate a technical unit for the construction unit to prepare the environmental impact report and environmental impact report form of the construction project."
(4) Article 28 is amended as: "The competent department of ecological environment shall follow up and inspect the environmental impact of construction projects after they are put into production or use, and find out the reasons and responsibilities for those that cause serious environmental pollution or ecological damage. If there are serious quality problems such as obviously untrue basic data, major defects, omissions or falsehoods in the contents, incorrect or unreasonable conclusions of environmental impact assessment, the legal responsibilities of the construction unit and its relevant responsible personnel, the technical unit entrusted to compile the environmental impact report and environmental impact report form of the construction project and its relevant personnel shall be investigated in accordance with the provisions of Article 32 of this Law; If a staff member of the examination and approval department neglects his duty or dereliction of duty and approves the environmental impact report and environmental impact report form of a construction project that should not be approved according to law, his legal responsibility shall be investigated in accordance with the provisions of Article 34 of this Law. "
(5) Article 32 is amended as: "If the basic information in the environmental impact report and environmental impact report form of a construction project is obviously untrue, the contents are seriously flawed, omitted or false, and the conclusion of environmental impact assessment is incorrect or unreasonable, the competent department of ecology and environment of the people’s government at or above the municipal level with districts will impose a fine of not less than 500,000 yuan but not more than 2 million yuan on the construction unit, and the legal representative, principal responsible person, directly responsible person in charge and other directly responsible personnel of the construction unit.
"If the technical unit entrusted to prepare the environmental impact report and environmental impact report form of a construction project violates the relevant national environmental impact assessment standards and technical specifications, resulting in serious quality problems such as obviously untrue basic data, major defects, omissions or falsehoods in the contents, incorrect or unreasonable conclusions of environmental impact assessment, the competent department of ecological environment of the people’s government at or above the municipal level with districts will impose a fine of three times to five times on the premises of the technical unit; If the circumstances are serious, it is prohibited to engage in the preparation of environmental impact reports and environmental impact report forms; If there are illegal gains, the illegal gains shall be confiscated.
"If the compiling unit commits any illegal act as stipulated in the first and second paragraphs of this article, the compiling host and main compiling personnel are prohibited from engaging in the compilation of environmental impact reports and environmental impact report forms within five years; If it constitutes a crime, criminal responsibility shall be investigated according to law, and it is forbidden to engage in the preparation of environmental impact reports and environmental impact reports for life. "
Five, the "People’s Republic of China (PRC) private education promotion law" to make changes.
(a) the "vocational skill appraisal institution approved by the government" in the second paragraph of Article 26 is amended as "vocational skill appraisal institution that has been put on record".
(two) the "industrial and commercial administration" in article sixty-fourth is amended as "market supervision and management".
Six, the "People’s Republic of China (PRC) Civil Aviation Law" is amended.
(1) Article 62 is amended as: "A civil airport that is open to the public as stipulated by the competent civil aviation authority of the State Council shall obtain an airport use permit before it can be opened for use. Other civil airports shall be filed in accordance with the provisions of the competent civil aviation authority of the State Council.
"To apply for an airport use permit, the applicant shall meet the following conditions and pass the inspection according to the provisions of the state:
"(1) Having the flight area, terminal area, work area, service facilities and personnel suitable for its business operation;
"(2) Having air traffic control, communication and navigation, meteorology and other facilities and personnel that can ensure flight safety;
"(3) Having the security conditions that meet the requirements of the state;
"(4) Having an emergency plan for handling special circumstances and corresponding facilities and personnel;
"(5) Having other conditions as prescribed by the competent civil aviation authority of the State Council.
"International airports should also have the conditions for international navigation, and set up customs and other port inspection organs."
(two) by deleting "quarantine" in article 103rd.
(3) One article is added after Article 213 as Article 214: "If the State Council and the Central Military Commission (CMC) have other provisions on the management of unmanned aerial vehicles, those provisions shall prevail."
Seven, the "People’s Republic of China (PRC) occupation disease prevention law" to make changes.
(a) delete the "safety production supervision and management department" in the third paragraph of Article 2, Article 9, Article 15, Article 29, Paragraph 2, Article 35, Paragraph 1, Article 67 and Article 82, "in conjunction with the safety production supervision and management department of the State Council" in the third paragraph of Article 16 and "and the safety production supervision and management department" in Article 50.
(2) The "safety production supervision and management department" in Articles 16, 17, paragraph 4, 18, 26, 27, 37, paragraph 1, 47, 48, 63, 64, 70, 71, 72, 73, 75 and 77 is amended as ". The "civil affairs department" in the first paragraph of article 61 is amended as "medical security and civil affairs department"; In article 69, "the work safety supervision and management department and the health administrative department divide their responsibilities" is amended as "the health administrative department".
(3) The first paragraph of Article 43 is amended as: "The diagnosis of occupational diseases shall be undertaken by medical and health institutions that have obtained the Practice License of Medical Institutions. The health administrative department shall strengthen the standardized management of occupational disease diagnosis, and the specific management measures shall be formulated by the health administrative department of the State Council. "
The second paragraph is amended as: "A medical and health institution undertaking the diagnosis of occupational diseases shall also meet the following conditions:
"(1) Having medical and health technicians suitable for carrying out occupational disease diagnosis;
"(2) Having instruments and equipment suitable for the diagnosis of occupational diseases;
"(3) Having a sound quality management system for occupational disease diagnosis."
(4) Article 79 is amended as: "Whoever engages in occupational health technical services without obtaining the qualification of occupational health technical services shall be ordered by the administrative department of health to immediately stop the illegal act and confiscate the illegal income; If the illegal income is more than 5,000 yuan, a fine of more than two times and less than ten times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine ranging from 5,000 yuan to 50,000 yuan shall be imposed; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished by demotion, dismissal or expulsion according to law. "
(5) Article 80 is amended as: "If an institution engaged in occupational health technical services and a medical and health institution undertaking occupational disease diagnosis violate the provisions of this Law and commit any of the following acts, the administrative department of health shall order it to immediately stop the illegal act, give it a warning and confiscate its illegal income; If the illegal income is more than 5,000 yuan, a fine of more than two times and less than five times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 5,000 yuan, a fine ranging from 5,000 yuan to 20,000 yuan shall be imposed; If the circumstances are serious, the original recognition or registration authority shall cancel its corresponding qualification; The directly responsible person in charge and other directly responsible personnel shall be punished by demotion, dismissal or dismissal according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
"(a) engaged in occupational health technical services or occupational disease diagnosis beyond the scope of qualification approval or registration of diagnosis and treatment projects;
"(2) Failing to perform statutory duties in accordance with the provisions of this Law;
"(3) Issuing false certification documents."
This decision shall come into force as of the date of promulgation.
The Labor Law of People’s Republic of China (PRC), the Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly, the Law of People’s Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution, the Law of the People’s Republic of China on Environmental Impact Assessment, the Law of People’s Republic of China (PRC) on the Promotion of Private Education, the Civil Aviation Law of People’s Republic of China (PRC) and the Law of People’s Republic of China (PRC) on the Prevention and Control of Occupational Diseases are revised accordingly and re-promulgated.