On 7 September 2023 the legislative plan of the 14th National People’s Congress Standing Committee was published, listing 130 items in three categories: 79 mature enough for deliberation during the term; 51 requiring accelerated work and deliberation when conditions mature; and items still requiring research.
A legislative plan is not a legal text, but it determines which rules will change over the next five years and which topics will be debated repeatedly. For companies, it is a timetable for early positioning.
What the three categories mean
First-category items usually have mature drafts or strong policy momentum and a high probability of enactment. Second-category items have clear direction but contested design and flexible timing. Third-category items are topic reserves.
Companies should look not only at whether an item is listed but at its category and whether administrative regulations or departmental rules may arrive first. Regulations and rules often land earlier and affect daily operations more directly than statutes.
Data and artificial intelligence
The plan places an Artificial Intelligence Law among projects requiring accelerated work. Dedicated AI legislation is therefore on the agenda, but in the near term administrative regulations, departmental rules, standards and local ordinances are more likely to lead. The interim generative AI measures, deep synthesis rules and algorithmic recommendation rules already form a de facto framework.
For AI companies, waiting for an AI Law before complying is unrealistic. Enforceable rules already exist and enforcement continues. A more practical approach is to embed current rules into product processes while monitoring how legislation adjusts liability, data use and content governance.
In data, the plan includes revision of the Cybersecurity Law. In force since 2017, it forms the “three laws” framework with the Data Security Law and PIPL. Revision may touch liability, cross-border flows and critical information infrastructure, and should be tracked.
Company and competition rules
The plan includes revision of the Company Law and the Anti-Unfair Competition Law. Company Law revision reached third reading in August 2023, with subscribed capital, shareholder rights and controlling shareholder liability at the core. Anti-Unfair Competition Law revision may address the platform economy, data competition and trade secrets.
For startups, Company Law is infrastructure. Contribution periods, equity transfers, director duties and liquidation affect financing terms and exit arrangements. For platforms, revision may change how “choose one of two”, data scraping and traffic hijacking are assessed.
How companies can use the plan
First, map legislative items to business lines and build a monitoring list. Second, distinguish the timing of statutes from that of regulations, rules and standards, rather than focusing only on statutes. Third, leave adjustment room in contracts and product design, such as data clauses, compliance conditions precedent and allocation of responsibility after regulatory change. Fourth, follow consultation drafts, the lowest-cost window for shaping rules.
For legislative monitoring and compliance support, see our annual legal counsel service; for data and cybersecurity, see data compliance; for corporate governance and equity, see incorporation.
This article is based on the legislative plan of the 14th National People’s Congress Standing Committee published on 7 September 2023. It is for reference only and does not constitute legal advice.