Regulations of Shanghai Municipality on Optimizing Doing Business Environment

Shanghai Municipal People's Congress | Updated:Apr 22, 2020

(Adopted at the 20th Routine Meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress on April 10, 2020)

Chapter I  General Provisions

Article 1 For purposes of continuously optimizing Doing Business environment, stimulating the vitality of market participants, maintaining the legitimate rights and interests of market participants, promoting high-quality economic development, enhancing the modernization of government governance systems and capabilities, and building Shanghai into an outstanding global city and a socialist modern international metropolis with world influence, these Regulations are formulated in light of the reality of this Municipality, and in accordance with the Regulations on Optimizing Doing Business Environment and other laws and administrative regulations.

Article 2 These Regulations apply to work related to optimizing Doing Business environment within the administrative area of this Municipality.

Doing Business environment as mentioned in these Regulations refers to the institutional mechanism factors and conditions involved in the market economic activities of enterprises and other market participants.

Article 3 The business environment shall be optimized with adherence to the principles of marketization, the rule of law and internationalization, by taking the needs of market participants as the evaluation criteria and the transformation of government functions as the core, taking "Integrated Online Platform" as the starting point to comprehensively "deepen the reform of streamlining administration, delegating powers and optimizing services". This Municipality shall practice the service concept of "being responsive to requests without making any unnecessary intervention", benchmark against the highest standard and level, and create an international first-class Doing Business environment with facilitation of trade and investment, high administrative efficiency, standardized government services, and enhanced legal system so as to create a stable, fair, transparent and predictable development environment for the investment and business development of all kinds of market participants.

Article 4 The municipal and district people's governments shall strengthen the organization and leadership of optimizing Doing Business environment, and establish and improve the overall working mechanism for optimizing Doing Business environment, improve the joint meeting mechanism to serve the enterprises and strengthen the overall planning of the service for enterprises in the corresponding administrative area in accordance with the principles and requirements for optimizing Doing Business environment. The main person in charge of the government is the first person responsible for optimizing Doing Business environment.

The development and reform departments at municipal and district levels are the competent departments for optimizing Doing Business environment within their administrative areas, and are responsible for guiding, organizing, and coordinating the daily work of optimizing Doing Business environment.

The municipal departments of economyand informatization, commerce, government services, market regulation, housing and urban-rural development, planning resources, judicial administration, local finance, intellectual property rights and other departments shall fulfill its duties in optimizing Doing Business environment.

Article 5 The municipal and district people's governments and their relevant departments shall fully utilize the existing legal system and national policy resources, explore specific and feasible new experience and methods for optimizing Doing Business environment, and reproduce and promote the effective reform measures.

China (Shanghai) Pilot Free Trade Zone, Lin-gang Special Area, Zhangjiang National Innovation Demonstration Zone, Hongqiao Business District and other areas shall play a leading role in optimizing Doing Business environment, piloting various reform measures conducive to optimizing Doing Business environment.

Article 6 This Municipality shall strengthen communication and cooperation with relevant provinces and cities in the Yangtze River Delta region, focus on improving Doing Business environment in the demonstration area in the Yangtze River Delta on ecologically friendly development, promote the establishment of unified market access and supervision rules, and strive to form a unified open market with the free flow of various factors of production and enhance the overall Doing Business environment in the Yangtze River Delta region.

Article 7 The municipal and district people's governments shall establish an incentive mechanism for optimizing Doing Business environment, and shall commend and reward units and individuals that have made outstanding achievements in optimizing Doing Business environment in accordance with the relevant rules.

All districts and departments can actively explore specific measures to optimize Doing Business environment within the framework of the rule of law and in relation to their actual situations. The relevant entities and individuals who make mistakes or deviate in their exploratory work, but make and implement decisions in accordance with the relevant provisions of the State and this Municipality in a diligent and responsible attitude, without making any private gains, then no negative evaluation shall be made upon such entities and individuals, and they may be exempted from or relieved of their liabilitiesaccording to the law.

Article 8 As required by Doing Business environment evaluation system, this Municipality promotes the reform of optimizing Doing Business environment which is oriented towards the satisfaction of market participants and the public, and give play to the leading, supervising and urging role of Doing Business environment evaluation in optimizing Doing Business environment.

All districts and departments shall timely adjust and improve the policy measures for optimizing Doing Business environment based on the results of Doing Business environment evaluation.

Chapter II  Market Environment

Article 9 This Municipality shall give full play to the decisive role of the market in the allocation of resources, build a service system covering the entire life cycle of enterprises, and continue to optimize Doing Business environment in terms of enterprise start-up, financing and credit, dispute resolution, and business withdrawal.

Article 10 All kinds of market participants can, equally and according to the law, enter fields which are outside of the negative list for national market access. Fields outside the negative list of national foreign investment access shall be managed in accordance with the principle of treating domestic investments and foreign investments equally.

This Municipality shall formulate industry guidance policies and make them public to society in accordance with the relevant regulations on urban function positioning, development planning, environmental protection and safety, and the established procedures.

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