1. China Labour and Social Security News: There are three rates contained in
the State Council's new industrial injury regulation, but Shanghai's relevant
regulation only contains two rates. Can you tell me whether or not Shanghai will
set different rates for different industries?
Jiao Yang: Based on the regulations of State Council and existing local
circumstances, Shanghai's insurance regulations on industrial injuries have
their own characteristics. As industry accidents occur quite differently in
different enterprises or industries, Shanghai's regulations are enacted with a
combination of both floating and base rates. All the employers should pay 0.5
percent in base rates and in the light of the frequency of industrial accidents
and the use of insurance by different companies, the total rates should not
exceed three percent after annual rate increases. Today, supervisors with the
Shanghai Labor and Social Security Bureau are here, and you can consult with
them for details.
2. Eastday: Shanghai will implement the administrative permit law on July 1.
What kind of laws are the local land control interim rule and land reservation
regulation based on? How will the people suffering from industrial injuries
before the new insurance regulation is enacted be dealt with?
Jiao Yang: We drew up the two land-related government regulations in the
light of the laws of the State Council. According to the State Council's
circular on strengthening the asset management of state-owned land, in order to
increase the government's control capabilities in the land market, local
governments are required to implement an acquisition and reservation system for
construction land. Our two regulations are based on the land management law of
the People's Republic of China (PRC), the PRC's urban planning law, regulations
on the State Council's approval of fixed-asset investment projects, local
regulations on implementing China's land management law, Shanghai urban planning
rules and the PRC's urban real estate management laws. Our two regulations
comply with both the Chinese and local laws.
The State Council's new
industrial injury regulations will not include those suffering from such
injuries previously. As Shanghai is an old industrial city, there are a great
number of old industrial injury sufferers. At present, their employers are
responsible for their basic living and medical securities. Bringing these old
sufferers under the new regulations can ease the economic pressure on their
employers, give full play to the social security function of industrial injury
insurance and maintain steady development of local reforms. The Shanghai Labor
and Social Security Department will formulate a special law and implement it
after government approval. Before the new law is issued, employers will still
shoulder the responsibility.
3. Shanghai TV Station News Channel: After the city enacts the land
reservation regulations, are there any differences between relocating for
commercial and urban construction purposes? Will real estate developers get the
land from the government through auction? How can residents' rights be protected
and will the housing prices be affected?
Jiao Yang: The local land reservation regulation is in its preliminary stage,
and will be improved gradually. Currently, six varieties of construction land
for business purposes are included in the scope of land reservation, i.e. those
for commercial, tourism, entertainment, financial or service purposes and those
for constructing properties. Residents with land included in these six varieties
will be relocated by the local land reservation institutes. Land for urban
infrastructure and for some other public welfare projects will be reserved in
the near future. We will protect the legal rights of the relocated residents.
4. Oriental Morning Post: As to the insurance program tailored for local
domestic helpers, you said it is not compulsory. Do you mean it's up to
employers whether or not to pay the insurance? The annual premium is 30 yuan
(US$3.61). We all know that domestic helpers seldom stick to one employer, so
could you tell me how such premiums will be paid? It is said that the noise from
the pubs on South Maoming Road disturbed nearby residents. Will the road be
re-planned?
Jiao Yang: To answer your second question first, as I haven't been to South
Maoming Road, I cannot answer your question about whether or not the pubs there
disturbed neighbors. However, we can deliver your question to the related
departments and ask them to take it into consideration.
As to your first
question, the insurance program for domestic helpers is actually not compulsory,
but a push from the government on a commercial operational basis. Employers
should be aware of buying insurance to avoid risks in a bid to protect the
rights of both themselves and helpers. Employers should initiatively purchase
the premiums for helpers, as such low-cost insurance can offer solid guarantees
for helpers.
If helpers leave their job, employers can dial the number 12333
to change the name of their insuree. The Shanghai Labor and Social Security
Bureau will handle the procedures for them. It is very convenient.
5. STV: Many cities in China have rolled out land reservation
systems. How does Shanghai's system differ from the others'? Auction
prices of this month's licence plates have fallen. Do you have a comment
on that?
Jiao Yang: I can't comment on the other cities' land reservation
systems, since I'm not very familiar with them. Neither do I have further
comment to offer on the second issue.
6. Youth Daily: Can you offer the background for the two land
regulations? Is the rollout of the regulations related to Shanghai's
control of housing prices? The Administrative License Law will take effect
from July 1. There are media reports of clearing work in administrative
licenses. As far as I know, there's one administrative license
remaining under clearance, can you offer more information about it?
Jiao Yang: The two land market regulations are part of the
important measures the government is taking to reinforce land management.
They're also in line with the central government's requirement in macro
control. Shanghai will adopt more measures and make them work together to
build a legal, standard and transparent land market. Land is the most
precious resource in Shanghai. It's irreplacable. Therefore, in
order to ensure an orderly land market, the government must strictly crack down
on illegal use and occupation of land while applying macro control. With a
dense population and limited land resources, Shanghai must value its land
resources and prevent improper use. This is also a must in Shanghai's
application of scientific development strategy in order to achieve sustainable
development.
As for the clearing work of administrative licenses, I've noticed the
media have produced many reports. In short, licenses covered by the
administrative license regulation fall into two groups. One is enacted by
the central government and it's up to the national departments to decide whether
to cancel or leave remaining; the other group is designed by the Shanghai
government. Some 50 percent of the licenses in the latter group have been
removed by the clearing work. Carrying out the clearing work according to
the schedule designed by the State Council, Shanghai has so far basically
completed the clearing in all kinds of regional administrative licenses.
It is now training its senior officials on the new administrative license
regulations. It will expand training and testing to all civil servants in order
that government employees learn the regulations and strictly implement them.
This clearing work has involved 1,241 administrative licenses as ruled under
laws, regulations and government documents. Of the licenses, 1,019, or
83.7 percent, were ruled by the national government, and 202, or 16.3 percent,
were designed by the city government. Of the 101 licenses that will be
abolished, 36 were ruled under regional regulations and 65 were in government
documents. Ninety-three licenses remain after the clearing up. More
than 70 of them were contradictory to the "Administrative License Law" for the
conditions of application and procedures. The regulations and rules
concerning these licenses will need amendment.
To fill the management void that may occur after the licenses are abolished,
the city plans to take corresponding makeshift measures for five licenses after
removing them. These measures include record keeping, which is aimed to
make it convenient for administrative bodies to master each case as well as
manage procedures and monitor them afterwards. For more details, please
check the official website of the Shanghai municipal government.
7. China News Service: As the fifth category of land in the "Land
Reservation Regulation", non-developed state-owned land will be collected.
What is the situation with the 6,000 hectares of idle land in Shanghai?
Other kinds of land will be reserved by district-level reservation
agencies. How will that be carried out? Which departments will
monitor it? When will the suspended land auction resume?
Jiao Yang: For non-developed land, Shanghai's principle is to reinforce
control of land supply. We will give top priority of land use to key state
projects, municipal projects and medium-to-low-price housing projects while
controlling the supply for property development. The purpose is to improve
the land market structure, control the total supply and quicken the use of idle
land. Secondly, we will make a thorough check of land that has been
approved for use in past years to get clearer information about the lots and why
they're not yet developed. We will urge development and restructuring, or
we will recollect the land or take other measures to encourage land use.
We will act differently in different cases. For development enterprises
that have stored large amounts of idle land, we will restrict them from
participating in further land bids to force them to hasten the development of
existing undeveloped land and put it on the market.
There are clear provisions for supervision and monitoring under the 17th
code of the land reservation regulation. The city, district and county
land administrative departments must make regular checks of the implementation
of the city's land reservation plans. The financial and audit departments
must provide regular financial checks of the land reservation agencies and the
cost of land reservation. Audit results must be submitted to the city land
reservation leadership group. To enforce this work, Shanghai has
established such a group.
8. Jiefang Daily: Will the "Shanghai Land Size Control and
Approval Regulation for Construction Projects" take effect from now on?
Beforehand, what measures or methods has Shanghai taken to control land?
Jiao Yang: When I announced the regulation, I mentioned that there
are four aspects to Shanghai's land use approval for construction projects;
approval of project proposal, site selection of projects, land prejudication and
approval of feasibility report. The four measures have already been
implemented. Now we are to further tighten land size control and audit
and, therefore, the cooperation and coordination between departments must be
reinforced. This is not a newly created administrative permit issue but
reinforcement of land size control for construction projects. It will be
taken as an important factor in the approval of construction projects.
9. China Business: We learnt from a inside material that some construction
project in Songjiang District have made irregular practices. Is it true? How do
you look at it?
Jiao Yang: Sorry I didn't see the inside material you mentioned, neither do I
know which project are you referring to. Yet I've read report on some irregular
building in Songjiang. So far the district urban planning bureau has torn some
of the buildings down. Others will be torn soon. In a word, the government will
strictly supervise the unlawful practices.
10. Shanghai Legal News: In the insurance programmed for domestic
helpers, in who's name should the employers buy the insurance? When accidents
happen, will the insurance company pay the domestic helper directly? Or they
will give the compensations to employers that will later transfer the pay to the
domestic helper?
Jiao Yang: The employer will buy the insurance in the name of their
employees. Domestic helpers will be the ultimate the beneficiaries. Officials
from two insurance companies are present at today's conference; please consult
them for further information.
11. News Times: How to ensure the actual implementation of domestic
helpers' insurance? To whom shall a domestic helper complain if his or her
employee would not buy the insurance for me? We noticed the insurance fee is 30
yuan, which is relatively low. So shall the employee buy several sets for one
domestic helper? Could the fee cover the cost? How does the insurance companies
check the buyers and benefited?
It is said some recreational streets lights
will be turned off in summer time to save energy. Will the sight lights at the
Bund be turned off too? And how about those commercial buildings along Huaihai
Rd.?
Jiao Yang: Most of your questions are techical ones, about which I suggest
you discuss with officials for the social security department and the insurance
companies. They are present at today's conference. I can assure you that
the social security department has put all factors into concerns, and the
insurance policy is supported by a complete database and mechanism.
According to the current regulation, an employee should only buy one set of
insurance for one domestic helper, yet he can buy them forms of insurance if he
wishes.
As for whether how many and which sight lights will be shut
down, it will be decided according to the actual power consuming situation this
summer. However, I wish to emphasize that the power shortfall only occurs
periodically and only in certain area. At most of the summer time, a normal
power supply with guaranteed.
12. Youth Daily: You mentioned just now the newly launched land resource
administrative regulation will contribute to the government's balancing and
control on land resource and income. Does it refer to the levying of real estate
tax?
Jiao Yang: The two issues are not related. I mean, the regulate will ensure
that the profit created from the urban construction and public facilities will
be at the government's hand.