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HACOS News |Foreigners In China Can Enjoy Free Legal Aid In This Way!

Foreigners in China encountering civil and commercial disputes or facing criminal proceedings can obtain legal aid in accordance with the regulations on legal aid and other relevant laws and regulations.

Foreigners In China Can Enjoy Free Legal Aid In This Way!

In What Cases Can Foreigners

In China Obtain Legal Aid.

In practice, the accused in a criminal case can obtain the help of a legal aid lawyer appointed by the people’s court. A foreign party in civil and com cases with financial difficulty can obtain legal aid, if his country has signed relevant treaties or agreements with China.

Legal aid is divided into

Legal aid for criminal cases
Legal aid for civil cases

Legal aid approaches

Court appointment
Applying for legal aid from relevant institutions or judicial administrative organizations

Legal basis

The fourth article of the Notice on Issuing the Provisions on the Legal Aid in Criminal Action

Range of applicants for legal aid

Criminal suspects and the accused and their immediate families without legal counsel due to economic difficulty may apply for legal aid from legal aid institutions of judicial administrative organs where the public security bureau, people’s procuratorate and people’s court are located.

A criminal suspect or the accused without legal counsel can apply for legal aid according to the following provisions:

❶ Proof that the individual suffers degree one or two intellectual disability

❷ In joint offense cases, the other criminal suspects or accused already have authorized legal counsel

❸ Procuratorate’s protest

❹ Cases of great social influence

The Process of Applying for Legal Aid

Notes and Contact Number

[Notes]

Notification can be delivered by verbal or written method. Contents must be easy to understand.

In case of the verbal notification, it’s required to record the contents in writing which must include the signature of the applicant.

In case of written notification, it’s required to give a receipt for the notification provided and the information about applying for legal aid should be put on record.

[Contact number for legal aid]

☎ 12348

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HACOS News |Ready? These Policies Will Affect Your Life From October!

October 1, the first day of the National Day, except for the price reduction of scenic spot tickets and toll-free on highways, there are many policies which are greatly concerned with our life and work will be unveiled from October 1.

Let’s see what changes will take place!

Personal income tax threshold will

be increased to 5,000 RMB/month

The policy of new personal income tax threshold will be put into effect from October 1, 2018. Personal income tax law stipulates that from October 1, 2018, to December 31, 2018, the taxable income is the amount deducts the amount of 5,000 yuan from taxpayers’ salary, wage, monthly income and other legal deduction amount.

Ready? These Policies Will Affect Your Life From October!

The tax amount should be paid based on individual income tax rate (general applicable) by month and there is no other additional deduction fee. (The same applies to foreigners in China)

QS mark is forbidden

in food production

October 1, 2015, the new Food Safety Law has stated that instead of using QS mark, newly registered food producers should mark new food production license number on food packages or labels.

Ready? These Policies Will Affect Your Life From October!

Foods produced from October 1, 2018 are not allowed to be packaged with original packages and labels or to be marked with QS mark.

New system is applied to

e-payment of custom tax

In order to simplify the process of paying customs tax and improve the efficiency of tax storage, the general administration of customs will close the old e-payment of customs tax system and will start the new system.

Ready? These Policies Will Affect Your Life From October!

Thus, enterprises can choose the ways of payments or use the new system by entering the platforms of “Single Windows” and “Internet+Custom”.

New regulation about

human resourse

From October 1, 2018, with the implement of new regulation, job hunting, recruitment and human resource service activities through human recourse in China will be systematically improved.

For individual applicant

Should provide basic information, relevant knowledge, skills, working experience of the position faithfully.

For employers

Should observe the national regulation of setting human resources to flow in any household registers, regions and identifications etc.
Recruitment information should be true and legal and should not contain any contents of nations, sex, religions and beliefs with discrimination.
Should conclude labor contracts with employees in accordance with the laws and manage social security for employees.

Online service for compensation

of traffic accidents

During traffic accident disputes, individuals involved can apply for conciliation or lawsuit through the official website, or work out claims expenses on claim settlement calculator to resolve the disputes.

Divided visiting period

in Canton Tower

From October 15, divided visiting period will be implemented fully in Canton Tower, which will become the first tower scenic spot with a divided visiting period in China and even in the world.

Ready? These Policies Will Affect Your Life From October!

The opening hours in Canton Tower is from 9:30 am to 22:30 pm, dividing the visiting periods into 7 periods each 2 hours.

Talent introduction policy

Guangzhou Municipal Human Resources and Social Security Bureau announces the notification about simplifying documents and improving the application materials for Guangzhou talent introduction households.

It greatly simplifies the process of register residence, and the numbers of documents are reduced from 12 to 2 and only supplement materials are required. Besides, the time of social security is reduced from 12 months to 6 months. The new rule will be put into effect from October 1, 2018, which indicates it will be easier to settle in Guangzhou.

Regulation of parking lot

The high-profile Guangzhou parking lot regulations will be implemented from October 1, 2018:

Negotiation of residential parking charge should be based on relevant rules.
“Parking meter” fee will be started again.
Charges for temporary parking on the roads will be opened to society.
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HACOS资讯：做外贸的注意了！10月起你的生活将发生大变化！

做外贸的注意了！10月起，一批新的法律法规正式实施，你的生活将发生大变化！

个税起征点5000元

新修订的《个人所得税法》10月1日起，属于个税新政的过渡期，是分类税制向综合与分类相结合的税制转换的过渡期，2019年1月1日起实施。

食品包装的QS标志更新为SC编码

QS标志，是我国从2004年开始，在食品生产领域推行的质量安全市场准入制度。

从10月开始，QS标志更新为SC编码。“SC”编码代表企业唯一许可编码，可以达到识别、查询的目的，实现食品的追溯，增强食品生产企业的安全责任意识。

新修订的《中国共产党纪律处分条例》实施

十一开始，新修订的《中国共产党纪律处分条例》开始施行，和2015年修订的版本相比，新增11条，修改65条，整合2条。新修订的《条例》还增加了对不重视家风建设，对配偶、子女及其配偶失管失教等行为的处分规定。

新版《餐饮服务食品安全操作规范》执行

新修订的《餐饮服务食品安全操作规范》也在十月起施行，针对外卖行业，给了明确的规范。

交通事故损害可“网上一键理赔”

发生交通纠纷后，当事人可以直接进入道交纠纷网上一体化处理平台使用理赔计算器等，也可以在线直接提起调解申请或者诉讼，有效化解纠纷。

求职者应遵守从业限制、保密规定

个人：应当如实提供本人基本信息以及与应聘岗位相关的知识、技能、工作经历等情况。

用人单位：任何地方和单位不得违反国家规定在户籍、地域、身份等方面设置限制人力资源流动的条件；用人单位自主招用人员，需要建立劳动关系的，应当依法与劳动者订立劳动合同，并按照国家有关规定办理社会保险等相关手续。

新规明确医疗纠纷预防和处理程序

《医疗纠纷预防和处理条例》正式实施，过去医疗事故赔偿标准过低的状况将得到改善。

No Social Security Fees In Five Situations!

The government newly released policy on social security requires that all kinds of social security fees will be uniformly collected by the tax bureau since Jan 1st, 2019. That has a lot to do with enterprises.

© Image | GOOGLE

For companies, social security fees are heavy expenditures of their human costs and the social security premium is closely related to a company’s profitability and competitive edge in the market.

社保从明年开始，由税务部门统一征收各项社会保险费和先行划转的非税收入，关系着企业盈利和市场竞争力。作为企业成本的重要组成部分，社保新政策的实施将为企业肩负。

No Social Security in Five Situations

五类人不用买社保

However, there is a high possibility that the new policy will alleviate enterprises’ social security burdens by lowering the social security premium. Actually, companies in following five situations have no need to pay social security fees for their employees.

很多企业主认为社保新政策会增加企业成本和负担，并为此忧心忡忡。根据目前的政策和法律，如果企业用工符合下列这5种情况，不给员工购买社保也是合法的。

Retired workers re-employment

聘请退休人员

According to China’s Labor Contract Law, a retired worker is not qualified to be defined as a legal worker, the re-employment is not a contracted labor relation.

Thus, when retired workers are re-hired, companies have no legal responsibility to pay social security fees for employed retired workers.

根据《中国劳动法》的规定，退休职工不具有法定的劳动者资格，再就业不是劳动合同关系。假如企业返聘退休职工，则无需为退休人员支付社保费用。

Part-time employment

选用兼职人员

The part-time employment relation here is only limited to service relation, not labor relation. The part-time job takers here are those who have established labor relation with other company and established service relation with your company.

Part-time takers of this kind who hired by your company actually have two jobs, and his or her relation with your company only belongs to service relation, in other words, he or she is not a contracted employee. If you have a worker in your company, then you are legally not supposed to pay social security fees for him or her.

建立服务关系而非劳动关系的人员也无需购买社保。如果企业招聘兼职人员，兼职人员在原单位有劳动合同，有自己的本职工作，而兼职只是利用业余时间从事第二职业，则兼职人员无需购买社保。

**非独立劳动的兼职人员**
原来单位	兼职单位
第一职业	第二职业
劳动关系	服务关系
购买社保	不购买社保

Dispatched worker employment

聘用劳务派遣公司的人员

Labor dispatch, also called worker dispatch or labor-renting, is a service offered by labor dispatch enterprise, then the recipient company pays the service fee to the dispatch enterprise.

Actually, the dispatch company can negotiate with the recipient company on the issue who will pay the social security fees for the dispatched worker.

China’s Temporary provisions on labor dispatch also stipulate that a dispatched labor, in effect, is a contracted worker of the dispatch company and he or she has labor relation with the company, and naturally, the dispatch company should pay the social security fees for the dispatched labor.

So, if you have a worker in your team who is dispatched by a labor service enterprise, your company has no legal responsibilities to pay social security fees for him or her.

如果你的公司有一名派遣员工，你是不用为其买社保的。

【劳务派遣】又称人力派遣、劳动力租赁，是劳务派遣企业提供的一种服务，接收企业向劳务派遣企业支付劳务费用。

#劳务派遣员工的社保究竟由谁购买呢？

这由派遣公司和接收公司协商。但是按照《劳务派遣暂行规定》，派遣人员是由劳务公司派遣给企业的，所以是劳务派遣公司承担社保。

Intern employment

招聘实习生

Employers have no legal responsibilities to pay social security fees for interns who have not yet graduated from school. The purpose of ungraduated interns is to accumulate their job experience and expertise, not for the salary.

Actually, the relation established between the intern and the hiring company can only be defined as service relation, not labor relation.

公司没有法律责任为尚未毕业的实习生支付社保费用。毕竟实习生来公司的目是学习专业知识、积累工作经验，而不是为了薪水。所以实习生与公司之间属于服务关系，而不是劳动关系。

Outsourced business

外包业务

A Company outsources their business to an individually-owned business group which formed by the company’s employees, then the company only need to pay service fees for these employees and have no legal responsibility to pay social security fees for them.

如果企业将生产线上的员工，以组为单位成立个体工商户，个体工商户有一定限额的免税政策，同时个体工商户还可以给公司开具发票，降低成本，这种外包业务，企业没有法律责任为他们支付社保费用。