Regulations of Shanghai Municipality on Optimizing Doing Business Environment

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

Article 71 This Municipality shall establish a coupling mechanism for assets disposal in bankruptcy cases. The Municipal High People's Court shall, in conjunction with the municipal planning and resources, public security and other relevant departments, unify the rules for disposal of bankrupt enterprise's land, real estate, vehicles, etc., and improve the efficiency of disposing bankruptcy assets.

This Municipality shall establish a mechanism for safeguarding the rights and interests of employees of bankrupt enterprises. Human resources and social security departments at all levels shall coordinate and resolve matters such as the transfer of employees' social security relationship to protect the legitimate rights and interests of employees.

After the bankrupt enterprise fulfills the relevant obligations in accordance with relevant regulations, the abnormal account status of the enterprise shall be automatically removed. Revenue of debt restructuring obtained by the enterprise as a result of reorganization shall be subject to relevant corporate income tax policies in accordance with relevant national regulations. The tax authority shall, according to law, reduce or exempt real estate tax and urban land use tax of the bankrupt enterprise.

Article 72 Disposal of significant assets of the bankrupt enterprise by the bankruptcy administrator shall be approved and adopted by the creditors' meeting item by item.

The bankruptcy administrator has the right to enquire about the registration materials, contribution of social insurance premiums, bank account opening information and deposit status, as well as information on real estate, vehicles, intellectual properties of the bankrupt enterprise, and relevant departments and financial institutions shall render cooperation.

If a bankruptcy administrator files an application in accordance with ruling of the people's court on termination of bankruptcy procedures, or a liquidation group files an application in accordance with the ruling of the people's court on the termination of compulsory liquidation, the market regulation department shall handle the deregistration of the enterprise according to law.

The Municipal Association of Bankruptcy Administrators shall strengthen industry self-regulation, enhance the training for bankruptcy administrators, and improve the bankruptcy administrators' abilities to perform their duties.

Article 73 This Municipality shall establish a complaints and rights protection mechanism for Doing Business environment. Any unit or individual may make complaints and report on issues relating to Doing Business environment through the "12345" citizen service hotline, Shanghai Enterprise Service Cloud, small and medium-sized enterprises service center, and "Integrated Online Services Platform".

Relevant departments shall keep the feedback channels for complaints and reports unblocked to ensure that market participants' reasonable and legitimate requests are responded to and handled in a timely manner. If such requests cannot be resolved, notification and explanation shall be given in a timely manner.

Article 74  This Municipality shall explore the establishment of an internal whistleblower system in areas such as ecological environment and resource protection, food and drug safety and public health to give full play social supervision, and shall reward the meritorious persons who have reported serious violations of law, violations of regulations and major hidden risks and dangers, and put them under strict protection.

Article 75 This Municipality shall establish a Legal Community of Safeguarding  Optimizing Doing Business Environment joined by government organs, professional institutions, social organizations etc., and ensure unimpeded  design, implementation, feedback and communication channels of policies and systems, with a focus on unblocking and coordinating the institutional bottlenecks and systematic and mechanism issues in the construction of Doing Business environment, so as to provide intellectual support to various districts and departments to propel the construction of Doing Business environment according to law.

Article 76 This Municipality shall explore and create a new model of rule of law publicity suitable for market participants, and adopt methods such as citing cases to interpret the law and scene interaction to improve the effectiveness of rule of law publicity.

This Municipality shall follow the principles of "the one who enforces the law popularizes the law" and "the one who serves popularizes the law", and shall explore to incorporate the publicity of rule of law in optimizing Doing Business environment in the assessment of law popularizing responsibility system.

Article 77 The standing committees of the municipal and district people's congresses shall strengthen the supervision of the optimization of Doing Business environment within their respective administrative area by hearing special work reports and conducting law enforcement inspections.

The standing committees of the municipal and district people's congresses shall give full play to their deputies' role in organizing deputies to the congress to carry out special surveys and inspections on optimizing doing business environment, collecting and reporting the opinions and suggestions of various market participants, and urging relevant parties to implement various work on optimizing Doing Business environment. 

Chapter VII   Legal Liability

Article 78 Where the laws and administrative regulations have provided for penalties for violation of the provisions of these Regulations, such provisions shall prevail.

Article 79 The people's governments at all levels and relevant departments and their respective functionaries of this Municipality, if committing any of the following acts in the work of optimizing Doing Business environment, shall be ordered by relevant departments to make corrections; in case of gross violation, the wrongdoer shall be held accountable according to law:

1. limiting the channels for market participants in violation of the requirements of "Integrated Online Services";

2. refusing to make rectification for real-name negative reviews with clear descriptions and reasonable complaints;

3. illegally setting obstacles to an enterprise changing its domicile; 

4. obstructing the bankruptcy administrator from performing its duties according to law;

5. or other nonperformance of the responsibility to optimize doing business environment or damaging Doing Business environment.

Chapter VIII  Supplementary Provisions

Article 80 These Regulations shall be effective as of April 10, 2020.

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