91. What kind of enterprise will be deemed as ones that have made significant contribution to epidemic prevention and control and will be recorded as sound creditworthiness? What specific favorable policies will be adopted in terms of funding support for scientific research projects and project process management?

A: In accordance with the lists of awardees and honor recipients issued by the state, Shanghai and relevant government authorities for their active participation in epidemic prevention and control, eligible enterprises shall be given sound creditworthiness status by Shanghai Municipal Commission of Science and Technology. Under equal conditions, those enterprises will be given priority in approval for project funding support application. Daily monitoring and inspections will be reduced or lifted for those enterprises throughout the project implementation supervision period.

VI. Optimization of business environment and better enterprises services

92. A lot of provisions in Shanghai's 28 policy measures focus on SMEs. Different provisions have different application criteria. Is it possible to have one or two designated departments responsible for answering all of the inquiries?

A: Shanghai-based SMEs can make inquires with Shanghai Municipal or via Shanghai Municipal Enterprise Cloud.

93. Through which channels can enterprises gain comprehensive insights into Shanghai's 28 policy measures?

A: To better promote and interpret Shanghai's 28 policy measures and follow up on implementation, on top of existing policy release channels, mainstream media outlets have already been collecting and publicizing implementation plans and supporting policies issued by line agencies and district government, making information about policies more accessible to enterprises.  

At present, the internet portal "Shanghai China", the website www.shanghai.gov.cn, the portal website of Shanghai Municipal Development and Reform Commission and Shanghai's "Enterprise Service Cloud" all have set up dedicated columns to introduce Shanghai's 28 Policies Measures as well as detailed implementation plans. Meanwhile, the www.shanghai.gov.cn website and SuiShenBan App on mobile devices have sent articles about policies, announcements and services to 14.56 million registered users that completed the real-name authentication process, among which 2.02 million are registered as corporate users.

People are also encouraged to watch Shanghai's press briefings to learn more about the updates of Shanghai's 28 Policies Measures and its detailed implementation plans. The Information Office of Shanghai Municipality has held several press briefings on epidemic prevention and control situation to proactively release latest authoritative information.

94. Is there any official guide or operating manual for Shanghai's 28 Policies Measures? Which measures require application by enterprises and which ones will be automatically enforced without actions taken by the companies? 

A: Most of the 28 Policies are universally applicable and can be enjoyed without application from the enterprises. Polices available upon application are as follows.

Policies including support for high-tech companies in the field of COVID 19 epidemic prevention and control to be listed at the Sci-Tech Board of Shanghai Stock Exchange (No.3), rental reduction and forgiveness for enterprises (No.9), delaying in tax filing and tax incentives (No.10&11), temporarily refunding on Travel Agencies' Service Quality Deposit and subsidies for the patrons of Cultural Sectors Development Fee (No.13), refunding on unemployment insurance (No.17), extending payment period of employee's social security (No.19), adoption of training fee subsidy (No.20), etc. are available to enterprises upon application. Relevant authorities in charge are open for further consultation.

95. If a company, affected by the epidemic, is not able to honor the contracts it partied to or having labor disputes with its employees due to difficulty in production and operation, what are the channels for the company to seek legal counsel?

A: Shanghai Municipal Bureau of Justice has opened a green access to legal services regarding epidemic prevention and control. On top of the existing channel （Hotline12348-1 for legal counseling）, a new channel is opened (Hotline 12348-9 for epidemic-related legal counseling) and is answered by professionals such as lawyers and greffiers round-the-clock.

The WeChat public account of Shanghai Municipal Bureau of Justice also opened online counseling channel which will be responded by professional lawyers.

All three channels provide round-the-clock services free of charge.

Companies can also turn to the official websites and WeChat public accounts of district-level Bureau of Justice, notary offices, law firms, judicial authentication institutions and adjudication institutions for information and counseling.

96. In case of dispute over the implementation of a contract which is caused by the epidemic, can the litigant defend himself with claims such as force majeure or change of circumstance?

A: The litigant has the right to make his claim in the adjudication process. According to the Arbitration Law of the People's Republic of China, the ruling of a case shall be independently made by the arbitral tribunal. For claims made by the litigant during the adjudication process, arbitration agency could call the attention of the tribunal to these claims and protect the lawful rights and interests of the litigant by referencing the guiding principles for legal issues arising from epidemic prevention and control as well as in accordance with relevant laws and regulations.  

97. During the epidemic, a lot of SMEs have suffered tremendously. Is there pro bono legal service tailored for these SMEs？

A：To combat the epidemic and strengthen the role of law practitioners in serving the socio-economic development, Shanghai Municipal Bureau of Justice and Shanghai Federation of Industry and Commerce jointly issued the Implementation Plan for Pro Bono Legal Service to tide over 2020. Pro Bono legal services will be provided for the following categories of SMEs:

a. Business suffered huge impact during the epidemic;

b. Businesses played an active role in the epidemic combat by mobilizing resources and successfully delivered important supplies to the hard-hit areas. The supplies include: masks, goggles and protective clothing.

c. Businesses made donations of money and goods to the hard-hit areas

d. Businesses working overtime to produce, package and transport prevention and control supplies; business honoring their social responsibilities by continuing the salary payment to their employees;

e. Owners that run public places which are requisitioned by the government as quarantine sites during this epidemic;

f. Businesses with principle investor or legal person whose close relative have been working at the frontline as medical workers, community workers and police affairs enforcement officers.

Volunteering practitioners will, based on the specific demands of SMEs, sign pro bono agency agreement with them offerings services as follows:

a. helping SMEs sort out organizational loopholes and potential legal risks as well as build legal risk alert mechanism by looking into the operation and compliance situation during the epidemic;

b. providing epidemic-related legal counseling for SMEs (including business operation, compliance, human resources, etc.), answering their inquires, drafting and reviewing contracts and important legal documents, sending Attorney Opinion Letters;

c. solving the disputes that arise from the epidemic by provision of mediation services thus giving full play to the professional and imperial strength in mediating disputes.  

Shanghai Municipal Commission of Commerce opened a new column called Online Classroom on International Trade and Economy at the internet portal of "Shanghai Fair Trade Service" and the WeChat public account of Shanghai Fair Trade. Online classes will be available in the column with subjects of great interest to the businesses, such as force majeure in international trade in goods, investigation processes in outbound trade remedy and the Economic and Trade Agreement between China and the United States (Phase I). Reputable legal service teams and scholars will be invited to record video/audio classes which will be sent, free of charge, to enterprises to help them utilize legal tool in international trade and economy with precision and build effective risk management system to cope with the influence of COVID 19.     

98. What kind of notary services are free or charged at reduced rates during the epidemic prevention and control period? How to gain access to these services?

A: In order to lift the burden on enterprises and navigate them through this challenging situation, all notary offices in Shanghai pledge themselves to halving the notary fees of particular categories of services for enterprises of designated categories. Further clarifications are as follows:

a. Enterprises of designated categories include those that have difficulties in production and operation due to the epidemic and those that produce, transport and develop medical supplies for epidemic prevention and control.

b. For all the 20 items on the list of notary services that are priced by the government, including notarization on certification, contract, deposit withdrawal, legal person qualification and credit standing, etc., enterprises will enjoy a 50% fee deduction. For items excluded from the above-mentioned list, notary fees will be reduced at discretion upon negotiation between notary offices and enterprises.

99. During COVID-19 prevention and control period, can the litigants pursue their claims with arbitration agencies?

A: Shanghai's local arbitration agencies have suspended on-site filing but litigant can still file claims online or send all the required materials via mail. Litigants can resort to the arbitration agencies for case filing through channels specified in the contracts they partied to.

100. For cases that have been successfully filed, will the tribunal be opened or will the hearings be proceeded with?

A: For arbitration cases that have already been scheduled for tribunal or hearing before the epidemic, the case clerk will inform the parties or their representatives via phone calls or e-mails whether there will be a rearrangement. Enterprises are also recommended to pay attention to the latest arrangements by arbitration institutions posted on their official websites or WeChat public accounts.

For cases that have already been granted with a tribunal but yet to confirm the trial time or hearing time, the arbitration agency will make reasonable arrangements in accordance with the epidemic situation and upon consultation with the tribunal as soon as possible.

In case of urgency for settlement or adjudication and with consents from litigants about online trial, written requests can be submitted to arbitration agencies with online trial capability. Decision will be made by arbitration agencies based on the assessment of the cases per se and the conditions of the litigants' telecommunication facilities.  

Note: The document is translated by Shanghai Municipal Commission of Commerce.

Disclaimer:

The power of interpreting any provision in this text is entirely vested in the competent departments of Shanghai Municipal People's Government.

Should there be any discrepancy of meaning between the Original Chinese Text and the English Text, the Chinese version shall prevail.