Regulations of Shanghai Municipality on Optimizing Doing Business Environment

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

Article 51 This Municipality shall support the construction of innovation and entrepreneurship clusters, and support the development of various types of innovation and entrepreneurship carriers such as science and technology-oriented enterprises incubators and makerspaces. For qualified innovation and entrepreneurship carriers, tax incentives and financial support shall be granted in accordance with relevant provisions.

Universities and scientific research institutes are encouraged to develop technology transfer services by building professional teams and entrusting third-party service agencies, and to promote the transfer and transformation of scientific and technological achievements.

Article 52 This Municipality shall implement the catalogue-based administration of major industrial projects with dynamic adjustment on a regular basis. The municipal and district people's governments shall establish a major project contact system and a coordinated handling mechanism to provide whole-process service guarantee for enterprises.

The municipal economy and informatization department shall promote the construction of a municipal investment promotion platform, formulate and publish an industrial map of Shanghai, promote the construction of information database and carrier resource database of key projects, and promote the precise matching of projects and industrial maps.

The municipal commerce department shall push forward the improvement of the overseas investment attraction network.

Article 53 This Municipality shall accelerate the construction of a public legal service system, integrate public legal service resources such as lawyers, notaries, and judicial authentication, and improve the quality and level of public legal services with public legal service centers and public legal service hot-lines as carriers.

Lawyers are encouraged to innovate the legal service model and help small and medium-sized enterprises to effectively prevent legal risks through professional legal services, and resolve various disputes in a timely and efficient manner.

This Municipality shall continue to optimize the notary services, and realize the "Self-service, Online Handling, and One-off Handling" of simple notary matters and notary information inquiry.

Authentication institutions are encouraged to optimize the authentication procedure and improve the authentication efficiency. Where there is an agreed time limit with the client, the authentication shall be completed within the agreed time limit; where there is no agreement, the authentication shall generally be completed within thirty working days, except for cases with great complexity or as specifically provided by laws, rules and regulations.

Chapter V  Regulation and Law Enforcement

Article 54 The relevant government departments shall, in accordance with the principle of encouraging innovation, implement tolerant and prudential regulation of new technologies, industries, forms of business and models, among others, and formulate and implement corresponding regulatory rules and standards by categories according to their nature and characteristics, and leave room for development while ensuring quality and safety, and may neither impose prohibition nor simply deny regulation.

This Municipality shall establish and improve a system of tolerant and prudential regulation of a market participant's business practice with trivial violations of laws and regulations, clarify the specific circumstances of business practices with trivial violations of laws and regulations, and impose no administrative punishment in accordance with the law.

Article 55 The municipal approval and reform department shall, together with the relevant administrative departments, compile a list of regulatory items catalogue, specifying, among others, the regulators, supervisees, regulatory measures, disposition methods, and disclose the above to the public. The list of regulatory items shall be dynamically adjusted.

This Municipality shall implement differentiated and categorized regulation and management upon market participants based on the supervisees' credit status and risk level. All departments shall establish corresponding mechanisms of incentives, early warnings, and punishments based on the categorization results. Blanket and whole-process key regulation shall be implemented on special industries and key areas directly involving public safety and masses' lives in accordance with the law.

The departments implementing categorized regulation and the organizations performing corresponding public affairs management functions shall formulate detailed implementation rules for categorized supervision and disclose them to the public.

Article 56 Relevant administrative departments shall make full use of credit information, grant convenient services such as processing with priority and simplified procedures to the trustworthy participants in the process of implementing administrative permits, and synchronously strictly regulate the determination of the list for joint punishment as well as carry out joint punishment on dishonesty according to laws and regulations.

This Municipality shall establish and improve the credit repair mechanism, and define the conditions, standards, procedures and other elements of repairing dishonesty information. For the eligible repair application, the unit that provides the dishonesty information shall, within the prescribed time limit, provide feedback in writing to the Municipal Public Credit Information Service Center, and shall delete the said information from the inquiry interface of the Municipal Public Credit Information Service Platform. Each department shall simultaneously delete the publicity information on the relevant websites. The unit providing the dishonesty information shall inform the applicant of the disposition.

This Municipality shall, based on the characteristics of the industry, explore the establishment of a system for determining the criteria for relatively large sum of fines in the record of major violations in government procurement field, and improve the joint punishment mechanism in the government procurement field. 

Article 57 This Municipality shall comprehensively implement the administrative law enforcement publication system, the whole process recording system of law enforcement and the legal review system for major administrative law enforcement decisions. This Municipality shall promote strict, well-regulated, impartial and civilized enforcement of administrative law through manners such as evaluation, periodic reports, coordinated guidance, and law enforcement data sharing.

Each administrative law enforcement department shall, based on needs of regulation, strengthen law enforcement collaboration, clarify joint efforts procedures, and improve the effectiveness of joint law enforcement across departments and fields.

This Municipality shall deepen the reform of comprehensive administrative law enforcement, promote the relatively concentrated exercise of administrative punishment power, and coordinate the allocation of administrative law enforcement resources.

Article 58 This Municipality shall rely on the "Internet plus Regulation" system to promote the interconnection of the regulation systems of various departments, strengthen the collection, sharing and application of regulatory information, and conduct off-site regulation such as remote regulation, mobile regulation, early warning and prevention, to provide support for carrying out "regulation of random selection of inspection objects and inspectors and timely public disclosure", categorized regulation, credit regulation, and joint law enforcement. The business secrets of market participants involved in the course of regulation shall be kept confidential by all departments according to law.

Article 59 Apart from special industries and key areas directly involving public safety and masses' lives and health, relevant departments in the field of market regulation shall, in the process of regulation, conduct administrative inspections by randomly selecting inspection objects and randomly selecting law enforcement inspectors.

The frequency and probability of random inspection shall be linked to the credit rating and risk level of the inspection objects. Multiple items subject to inspection concerning the same inspection object shall be integrated or be included in the scope of cross-department joint random inspection.

Relevant departments in the field of market regulation shall promptly disclose to the public the random inspections and the results of inspections and disposition through the National Enterprise Credit Information Publicity System and other platforms.

Article 60 Where administrative coercion shall be implemented by an administrative law enforcement department, it shall follow the principles of lawfulness, appropriateness, and the combination of education and coercion. If the purpose of administrative management can be achieved by non- coercion means, administrative coercion shall not be carried out; if an illegal act is trivial or of insignificant social harm, administrative coercion may not be required; if administrative coercion is compellingly required, such coercion shall be executed within the necessary limits, with the impact on the normal production and operation activities of the market participants being reduced to the least.

The relevant departments of the Municipal People's Government may explore to create a list of items not necessarily subject to administrative compulsory measures.

< 1 ... 4 5 6 7 8 >

copyright © Shanghai Municipal Commission of Commerce. All rights reserved. Presented by China Daily. 沪ICP备2021016245号-2