Regulations of Shanghai Municipality on Optimizing Doing Business Environment

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

Article 31 This Municipality shall, in line with the relevant provisions of electronic licenses, establish and improve mechanisms for the collection and application of electronic licenses. Except as otherwise provided by laws and regulations, electronic licenses issued by the municipal and district people's governments and their departments shall be collected in real time and transferred into the municipal electronic license database to ensure that the data is complete and accurate.

The applicant may present the electronic licenses required for business processing through the municipal electronic license database when applying for relevant matters. The accepting unit shall not refuse to process or require the applicant to provide physical licenses, except for retrieving original licenses pursuant to the law.

Article 32 This Municipality shall establish a unified electronic seal system, promote the application of electronic seals in government services, community affairs and other fields, and encourage market participants and social organizations to use electronic seals in economic and social activities. Each department that has established an electronic seal system shall accomplish mutual recognition and intercommunication.

The enterprise electronic seal shall be issued free of charge together with the enterprise electronic business license. Enterprises can independently engrave the physical seal according to actual needs.

Article 33 The reliable electronic signatures that meet the conditions prescribed by laws that enterprises use in dealing with government affairs shall have the same legal effect as handwritten signatures or seals; electronic seals and physical seals shall have the same legal effect; electronic and physicalcertificates shall have the same legal effect, except as otherwise prescribedby laws and administrative regulations.

Article 34 Notification andCommitment system shall be implemented for the enterprise's fixed assets investment project, the scope of which shall be formulated by the municipal development and reform department, and publish to the public subject to the approval of the Municipal People's Government.

Article 35 This Municipality shall implement a category-based review and approval mechanism construction projects. The municipal departments of housing and urban-rural development, transportation and other departments shall formulate and publish the risk categorizing standards and risk levels of various construction projects, and implement differentiated approval, supervision and management together with the municipal departments of development and reform, planning resources and other departments.

This Municipality shall implement the whole process and full coverage reform of construction projects approval. The municipal housing and urban-rural development department shall take the lead in establishing a unified construction projects approval management system, through the main portalof Integrated Online Platform, to realize "One Form Application, One Acceptance, Integrated Online Services, Completion within a Limited Period and Certificate Issuance at One-time" for various approval stages of project approval, land use, planning, construction, and completion acceptance, and promote the approval of construction projects to achieve the entire process to be handled online. For low-risk construction projects with social investment, construction project planning permits and construction permits can be handled in a consolidated manner, and the entire period of filing and approval process shall not exceed ten working days.

The municipal and district people's governments shall establish construction project approval and reviewcenters, through the construction project approval management system, and implement a one-stop service model such as joint review, joint supervision and inspection, and comprehensive completion acceptance.

This Municipality shall strengthen the services in advance for major construction projects, and explore a pilot mechanism as "Tolerance for Deficiencies and Supplement Later" in the approval process for non-critical elements that do not affect safety and public interests, allowing market participants to supplement relevant documents prior to the filing of inspection and acceptance.

This Municipality shall implement the insurance policy for potential defects in engineering quality and explore the implementation of the architect accountability system.

Article 36 This Municipality shall implement comprehensive areas assessments in areas such as industrial bases and industrial communities. Each area management authority shall organize and carry out area assessments such as water resources demonstration, traffic impact assessment, geological disaster risk assessment, and lightning strike risk assessment, disclose the results of the area assessment to the public and take the results into consideration when relevant departments perform the management duties.

Market participants, which operate construction projects in industrial bases and industrial communities that have completed comprehensive area assessments, no longer need to carry out the above-mentioned assessments separately, unless otherwise provided by the State and this Municipality.

Article 37 For the new low-risk industrial project with social investment of the enterprise in this Municipality, the inspection and acceptance together with the real estate registration can be applied simultaneously and, after the final inspection, the relevant certificates of acceptance and the electronic certificates of real estate can be obtained at one-time, and physical certificates can be received on site.

The real estate registration institution shall handle the real estate transfer registration and realize "single window collection, tax payment on site, certificate issuance on site and completion at one-time. The real estate registration institution shall strengthen cooperation with public utility enterprises, financial institutions, etc., and gradually achieve the simultaneous processing of transfer of electricity, water supply and drainage, gas and network, together with real estate registration. This Municipality shall promote the facilitation reform such as applying for real estate mortgage registration at commercial banks.

Any entity or individual may inquire the registration information such as owners of non-residential real estate and cadastral map information by address, in accordance with the relevant provisions of the State and this Municipality in relation to the inquiry of real estate registration materials.

Article 38 This Municipality shall rely on the municipal and district talents service centers to provide facilitated professional services such as talents introduction, obtaining permanent residence permit, communication, evaluation and consultation.

This Municipality shall facilitate the entry, exit, stay and residence, work, study and living of high-level foreign talents. The application for work and residence permits through the "Foreigners Work and Residence Single Window" shall be handled at one time within seven working days.

Article 39 This Municipality shall provide the declaring person with integrated electronic services such as import and export goods declaration, transportation methods declaration, tax payment, trade permit and Certificate of Origin application through the International Trade Single Window, promote trade financing, credit insurance, export tax rebate and other local special applications.

Each charging department shall publish the charging standards at the International Trade Single Window, and accomplish the "One-Stop" inquiry and settlement of port-related market charges. The municipal departments of ports, transportation, development and reform, and market regulation shall strengthen port charge management.

This Municipality shall, through the International Trade Single Window, push forward the connection with the declaration interfaces of other economies, promote the interconnection of information, and facilitate enterprises to carry out cross-border business.

Article 40 This Municipality shall apply various port customs clearance facilitation measures to reduce the time for cargo port supervision and port and shipping logistics operation, so that the cargo status and payment information of each link of customs clearance and logistics is traceable and so as to facilitate enterprises to carry out operations in various link.

This Municipality shall promote the optimization of port supervision and encourage enterprises to declare at customs and go through customs clearance procedures in advance. If there is any error in the customs declaration, the relevant fault tolerance mechanism shall be applicable.

Pursuant to relevant regulations, eligible enterprises shall qualify for management measures such as check and release prior to inspection, release prior to tax payment, and release prior to instrument correcting. The customs shall publish the overall customs clearance time of the customs declaration enterprise.

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