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Key Guidelines for Companies in Compliance Audits for Personal Information Protection Standards

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China’s standards authority has released draft standards for personal information protection compliance audits, potentially making them mandatory for companies in 2023. The audits will require companies to undergo annual or biennial checks based on the number of people’s information they handle. The draft standards outline the audit process and requirements, seeking public feedback until September 11, 2024.


China’s standards authority has released draft standards for conducting personal information protection compliance audits. Regular compliance audits to ensure compliance with personal information protection regulations may become a requirement for companies in China under draft measures released in 2023. We explain the audit processes and requirements proposed in the draft standards.

The Standardization Administration of China (SAC) has released a set of draft standards for conducting personal information (PI) protection compliance audits. Under draft measures released by the Cyberspace Administration of China (CAC) in August 2023, companies that process the PI of people in China are required to undergo regular compliance audits.

Specifically, companies that process the PI of over one million people must undergo a compliance audit at least once a year, while companies that process the PI of under one million people must carry out an audit at least once every two years. 

While the draft measures stipulate the obligations of the auditing body and the audit scope, the draft standards outline the specific audit process, including evidence management and permissions of the audit organization, as well as the professional and ethical requirements of auditors. 

The Secretariat of the National Cybersecurity Standardization Technical Committee is soliciting public feedback on the draft standards until September 11, 2024. Public comment on the draft measures released in August last year closed on September 2, 2023, but no updated document has yet been released. 

The draft standards outline five stages of the PI protection compliance audit: audit preparation, implementation, reporting, problem rectification, and archiving management. 

Auditors are required to accurately document identified security issues in the audit working papers, ensuring that the records are comprehensive, clear, and conclusive, reflecting the audit plan and its execution, as well as all relevant findings and recommendations. 

This article is republished from China Briefing. Read the rest of the original article.

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.

China

Vietnam Needs to Take a Stronger Stance in the South China Sea

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Vietnam’s “cooperation and struggle” strategy against China’s South China Sea behavior is ineffective, risking China’s claims. Proactive measures and stronger ties with the Philippines are essential to address ongoing maritime disputes.


Vietnam’s Challenges in the South China Sea

Vietnam’s strategy of ‘cooperation and struggle’ to address China’s aggressive actions in the South China Sea has been largely ineffective. Despite efforts to counter violations of international laws, these methods have failed to alter China’s stance, risking the solidification of its claims. Vietnam must pursue proactive, non-military measures and enhance its strategic partnership with the Philippines to better safeguard its sovereignty and interests.

On May 23, 2024, Vietnam denounced the presence of a Chinese hospital ship in the Paracel Islands, viewing it as a violation of its territorial integrity. The islands have been under China’s control since 1974, following a naval confrontation with South Vietnamese forces. This ongoing infringement of sovereignty heightens Vietnam’s concern regarding China’s intentions in the region.

Although Vietnam has engaged in agreements to foster regional stability, including a comprehensive strategic partnership with China, ongoing Chinese aggression continues to fuel tensions. The proposed Code of Conduct might provide a framework for dispute resolution; however, doubts remain about its effectiveness and enforceability, especially considering China’s history of ignoring international rulings. As such, Vietnam’s reliance on diplomatic approaches may not suffice against the backdrop of China’s assertive behavior.

Source : Vietnam must be more assertive in the South China Sea

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EU’s Solar Initiatives in Southeast Asia Impacted by US-China Trade Tensions

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中国拥有的太阳能公司在东南亚,尤其是泰国、越南、马来西亚和柬埔寨,正面临潜在的挑战和机遇。


Challenges for Chinese Solar Companies in Southeast Asia

Chinese-owned solar companies in Southeast Asia, especially in Thailand, Vietnam, Malaysia, and Cambodia, are encountering significant challenges. These nations are becoming crucial markets for solar energy; however, increased competition and regulatory hurdles are complicating their operations.

Regulatory Hurdles

Many Southeast Asian governments are implementing stricter regulations for foreign investments in renewable energy sectors. This development may hinder Chinese companies’ ability to navigate local laws and establish a strong foothold in these growing markets.

Market Competition

Beyond regulatory challenges, the competition among local and international solar companies is intensifying. To succeed, Chinese firms must innovate and adapt their strategies to meet regional demands while maintaining cost-effectiveness and securing partnerships with local entities.

Source : EU’s solar plans in SE Asia caught in US-China trade war

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China

August 2024 China Monthly Tax Update

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The State Taxation Administration (STA) issued a new circular to streamline the relocation process for taxpayers across China. The circular introduces measures to optimize relocation, aligning with the goal of enhancing administrative efficiency and supporting a unified national market. Qianhai Management Bureau in Shenzhen has issued guidelines to assist companies in applying for preferential corporate income tax policies in the Qianhai-Hong Kong Modern Service Industry Cooperation Zone.


On August 15, 2024, the State Taxation Administration (STA) issued a new circular, titled Circular on Further Facilitating Cross-Province Relocation of Taxpayers and Serving the Construction of a Unified National Market (hereinafter, the “new circular”) aimed at streamlining the process for relocation of taxpayers across China. The new circular introduces a series of measures designed to optimize the relocation process, from initial reminders to post-relocation services.

Set to take effect on September 1, 2024, the measures introduced in the new circular align with the STA’s broader goal of enhancing administrative efficiency and supporting the development of a unified national market.

The new measures introduced by the STA mark a significant advance in enhancing administrative efficiency. By streamlining the taxpayer relocation process, the STA aims to simplify procedural hurdles, ensuring that businesses can operate smoothly across different locations. For taxpayers, the process will be more predictable and manageable, minimizing disruptions during relocations.

For more information about the proposed measures, please read here.

The Qianhai Management Bureau in Shenzhen has issued the Guidelines for Industry Definition Services for Preferential Corporate Income Tax in Qianhai. The purpose of these guidelines is to assist companies in applying for preferential corporate income tax (CIT) policies in the Qianhai-Hong Kong Modern Service Industry Cooperation Zone.

The guidelines address the challenge faced by tax authorities in determining whether a Qianhai Cooperation Zone enterprise’s main business falls within the scope of the Catalog of Preferential Corporate Income Tax in Qianhai-Hong Kong Modern Service Industry Cooperation Zone (2021 Edition). To address this, the Qianhai Management Bureau is responsible for defining whether an enterprise’s main business qualifies for inclusion in the Preferential Catalog.

This article is republished from China Briefing. Read the rest of the original article.

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.

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