Regulations ofShanghaiMunicipalityon Advancing the Construction of theInternationalTradeCenter
(Adopted at the 37thSession of the Standing Committee of the 13thShanghai
Municipal People's Congress on November 21, 2012)
Chapter I General Provisions
With a view to carrying out the national strategy of building the International Trade Center in Shanghai, opening the market wider, further facilitating trade, accelerating the construction of a modern market system, and creating a congenial trade development environment, these Regulations are formulated in accordance with the provisions of relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
These Regulations apply to this Municipality's work on advancing the construction of theInternationalTradeCenterinShanghai.
This Municipality shall, in accordance with the deployment of the State, respect the rules and practice of international trade, push ahead with the construction of the International Trade Center in Shanghai, so as to build Shanghai into an international trade center that matches China鈥檚 economic and trade status, with the function of allocating resources in both international market and domestic market, a mature market system, concentration of main trade entities, rational regional layouts, good infrastructures, and a fair and orderly market environment.
The Municipal People's Government shall organize the formulation of the planning for the construction of theInternationalTradeCenterinShanghai, strengthen the leadership for the related work on this Municipality's advancing construction, and reinforce the ministry-municipality cooperative mechanism with related state departments such as the Ministry of Commerce.
The discussing and coordinating agency established by this Municipality to push ahead with construction of theInternationalTradeCenterinShanghaishall be responsible for the coordination and promotion of the construction, and organizing the related departments to formulate and implement objectives in different phases and various measures.
The municipal departments of commerce, development & reform, economy and informatization, finance, taxation, construction and communications, planning, land and resources, industry and commerce, quality and technical supervision, human resources, finance service, port service, cooperation and exchanges as well as the district/county people's governments shall strengthen cooperation and coordination, and take concrete steps to carry out various tasks to push ahead with the construction of the International Trade Center in Shanghai.
This Municipality shall promote trade cooperation and exchanges withHong Kong,Macao, and
This Municipality shall strengthen exchanges with other international trade center cities, encourage trade enterprises, trade promotion agencies, investment promotion agencies, trade research institutions to conduct international exchanges and cooperation, and support them to set up overseas agencies of trade marketing, trade promotion and trade research.
This Municipality shall optimize and perfect the mechanism of government financial input to promote construction of the International Trade Center in Shanghai, with support focusing on the construction of a trade platform, creation and improvement of the trade environment, introduction of trading agencies, and trade promotion activities, thus giving full play to the guiding and incentive role of the government finance.
Chapter II Construction of the Market System
The Municipal People's Government and relevant departments shall take measures to encourage enterprises to optimize their trade structure of import and export, promote the transformation and upgrading of processing trade enterprises, enhance Shanghai Port鈥檚 role in cargo concentration and distribution, boost development of transit trade and off-shore trade, and coordinate with relevant state departments to support import and export enterprises to settle cross-border transactions in renminbi.
The municipal administrative department of commerce shall, jointly with relevant municipal administrative departments, establish centers of imports from a particular country, promote the demonstration, negotiation and transaction of import goods, and support the development of various foreign trade transformation bases.
The municipal departments of commerce, development & reform, economy and informatization, industry and commerce, finance service, quality and technical supervision shall, under the guidance of relevant state departments, normalize and support, according to law, the construction of bulk commodity trading markets with accumulative effect and a large transaction scale, perform the functions of informatization, price setting, transaction and account settlement in major bulk commodities, and improve the service in logistics, finance, informatization and technology.
The municipal administrative department of commerceshall guide and support relevant trade associations, research institutions, and enterprises to work out and publicize the price index, prosperity index and peril index of major bulk commodities such as iron and steel, chemical industry products, and non-ferrous metals.
The municipal administrative department of commerce shall, jointly with relevant municipal departments, draw up and publicize at regular intervals the guiding catalogue on service trade promotion, and support those service trade operators and projects listed in the catalogue.
The municipal administrative departments of statistics, and commerce shall, jointly with relevant municipal departments, establish service trade statistical indicators and systems, and perfect statistical and survey methods. The municipal administrative department of commerceshall at regular intervals conduct integrative evaluation and analysis of service trade,and make public the evaluation and analysis report.
The municipal administrative department of commerce shall, under the guidance of relevant state departments, utilize the existing domestic and international resources to assist the establishment of a technology import/export trading platform that serves the whole country and reaches out to the rest of the world, so as to perform the functions of information gathering, resources integration, and technology trade promotion.
The municipal administrative department of commerce shall support technology import/export promotion agencies to formulate transaction rules, standards and measures, and promote the centralized technology import/export transactions.
The municipal departments of commerce, planning, land and resources, economy and informatization, industry and commerce, and tourism shall, in accordance with the requirements for joint development of commercial undertakings together with tourism and cultural industry, make overall planning to develop commercial undertakings in city center, new towns and suburbs, and neighborhoods, with focus on the construction of landmark commercial centers and unique commercial streets to promote joint development of both common and high-end consumption, and both commodity and service consumption.
The Municipal People's Government shall coordinate with relevant state departments to explore and implement the municipal tax rebate policies upon departure from
This Municipality promotes the development of the electronic commerce market, encourages technology innovation, management mode innovation and service innovation in electronic commerce, pushes ahead with the joint development of electronic commerce and other fields like information, finance, and logistics, and promotes widespread use of electronic commerce.
The Municipal People's Government and relevant departments shall push ahead with the construction of ane-commercepublic service platform and support service system, support enterprises to develop self-operated, third-party, and professional service e-commerce platforms, cultivate and develop large-scale e-commerce platforms, guide all e-commerce platform operators to normalize operation, and optimize the e-commerce development environment.
The municipal administrative department of commerce shall coordinate with relevant state departments to explore ways of solving issues on e-commerce such as import/export declaration and inspection, foreign exchange settlement, cross-border settlement, tax refund, so as to support the development of cross-border e-commerce.
Chapter III Development of Trade Entities
This Municipality encourages domestic and foreign enterprises to set up trade-type headquarters with the functions of trade operation and management inShanghai, including procurement centers, distribution centers, marketing centers, settlement centers, logistics centers and brand cultivation centers. Trade-type headquarters with the accreditation of the municipal administrative department of commerce enjoy preferential policies as provided in customs clearance, introduction of talents, capital settlement, investment convenience, and convenience for personnel鈥檚 entry into and exit from the country. The municipal administrative departments of development & reform, finance, and cooperation and exchanges shall render assistance and coordination.
The accreditation standards and preferential treatments for trade-type headquarters shall be formulated by the municipal administrative department of commerce jointly with the municipal administrative departments of development & reform, finance, and cooperation and exchanges, and shall be executed upon the approval by the Municipal People's Government.
The municipal administrative departments of commerce, development & reform, and finance shall take measures to encourage this Municipality's enterprises with advanced technology, brand advantage, large scale or strength, or a sizable market to launch transnational operations, support them to set up overseas subsidiaries and development and research centers, expand overseas business, and develop an international marketing network.
The municipal administrative departments of commerce, and development & reform shall, in accordance with relevant provisions of the State and this Municipality, simplify the examination and approval formalities for enterprises' investment of overseas projects to further facilitate investment abroad.
The municipal administrative departments of economy and informatization, and commerce shall take measures to encourage small and medium-sized enterprises to participate in such industrial development as commercial circulation and trade services, support them to launch wholesale and retail business, chain operation, logistics, exhibition service, advertising agency, brand originality, and marketing planning, and to expand their markets at home and abroad.
This Municipality supports trade associations to offer service in industry, guides enterprises to tap the market, and participate, according to law, in relevant work in trade friction handling, industry evaluation, and standards-setting.
This Municipality supports the development of trade-related professional service agencies including consultation, exhibition, brokerage, accounting, law, and taxation. A professional service agency shall normalize its operation, raise its professional level and service capability, and enhance its self-discipline in the industry.
This Municipality encourages domestic and foreign organizations such as trade promotion agencies, trade associations, and chambers of commerce to set up headquarters or resident representative offices inShanghai, and supports them to carry on business activities according to law, thus propelling trade development.
Chapter IV Regional Layout and Infrastructure Construction
The municipal and district/county people's governments shall, in accordance with the planning for buildingShanghaiinto an international trade center, plan the construction of various trade zones by relying on the regional development superiority of the major development areas on both sides of theHuangpuRiver, the Hongqiao Commercial District and the integrative bonded zones.
In organizing the formulation of the regulatory plan and the annual land utilization scheme, the municipal administrative department of planning, land and resources and relevant district/county people's governments shall guarantee lands used for the construction of trade zones on the basis of this Municipality's urban overall planning and overall land use planning, and in the light of the requirements of the planning for building Shanghai into an international trade center.
The Municipal People's Government and relevant departments shall, under the guidance of relevant state departments, give an impulse to function innovation and transformational upgrading of the custom鈥檚 special supervised areas, encourage integrative development of trade and finance, shipping, logistics, manufacturing, and exhibition, and explore the establishment of free trade zones in conformity with international practice; the construction of an innovative demonstration district for promoting import trade shall be pushed ahead with in Waigaoqiao Bonded Zone, and the new-type trade services such as offshore trade shall be expanded.
The management agencies of various customs鈥 special supervised areas in thisMunicipality shall, under the guidance of relevant state departments, support such business as bonded display of international bulk commodities, overseas new and high-tech products, and import consumer goods.
The municipal administrative department of commerce shall, jointly with the municipal administrative department of planning, land and resources and the district/county people's governments, organize the formulation of the layout of commercial outlets in accordance with this Municipality's national economic and social development planning, and in the light of the regional development and population size; upon the approval by the Municipal People's Government, such layout shall be incorporated into the corresponding urban and rural planning.
Construction of commercial outlets and changes in the purpose or performance of the existing outlets in this Municipality shall be in conformity with the layout of commercial outlets.
The relevant municipal departments and the district/county people's governments shall, in accordance with the requirements of trade development, rationally plan the layout of logistic facilities, guarantee the land used for the construction of facilities of storage, distribution, transportation, and delivery, boost construction of major logistic parks and bases, build a modern logistic service system combining port logistics, manufacturing logistics, and urban delivery logistics with e-commerce logistics.
The municipal administrative department of economy and informatization, and commerce shall support enterprises to establish an information management system for transportation, warehousing, freight forwarding and third-party logistics, and upgrade informatization application level of logistics industry.
Chapter V Trade Facilitation and Promotion
This Municipality perfects the joint meeting system of trade facilitation, gives an impulse to the establishment of a trade-facilitation efficiency index system, and normalizes the work flow of trade facilitation.
This Municipality encourages the district/county people's governments and administrative agencies of industrial parks to set up centralized trade facilitation service premises, organize port inspection agencies and relevant units to work jointly in the premises, and establish a routine operation coordinating mechanism to facilitate enterprises鈥 business activities such as customs declaration application as well as relevant taxation, foreign exchange, finance and freight forwarding.
The municipal administrative departments of port service, and commerce shall, under the guidance of relevant state departments, strengthen their coordination service in customs clearance, support port inspection agencies to optimize the customs clearance procedures and service, and accelerate innovation in the port supervision mode, thus facilitating the custom clearance of import/export goods.
This Municipality supports port inspection agencies and port operation units to raise the informatization application level in such links as customs declaration application, inspection, passing, and follow-up supervision.
The municipal administrative department of finance service shall, under the guidance of relevant state departments, encourage financial institutions to launch financial innovation around the requirements for trade financing, with focus on development of relevant financial services such as supply-chain financing and import/export trading financing, thus pushing ahead with the construction of centers for cross-border trade renminbi settlement and financing services.
This Municipality encourages the development of exhibition business, attract international exhibition resources, and promoteShanghaito grow into an international exhibition center. The municipal administrative department of commerce shall, jointly with relevant municipal departments, formulate relevant standards of the exhibition business, establish a classified management system based on the credit of the exhibition enterprises, and shall perfect relevant system of intellectual property protection for exhibitions.
The relevant municipal departments and the district/county people's governments shall plan the layout and construction of this Municipality's exhibition halls in a unified manner, build state-level international exhibition halls, and improve the auxiliary facilities around them. The municipal administrative department of commerce shall, jointly with relevant municipal departments, make periodical analysis and evaluation of the operation of exhibition halls, and the evaluation result shall serve as the basis for the layout of exhibition halls and the completion of surrounding auxiliary facilities.
The municipal administrative department of quality and technical supervision shall, jointly with the municipal department of commerce, guide enterprises to participate in the study and formulation of the related international standards as well as national, industry, and local standards and adopt domestic and even international advanced standards; enterprises are encouraged to launch pilot trade-service-standardization projects of various sorts and levels; enterprises and trade associations shall be guided to launch standardization work including overseas accreditation and eligibility assessment.
This Municipality shall, in accordance with the principle of facilitating concentration of trade entities and giving full play to the initiatives of all parties concerned and in accordance with the provisions of the State, carry out the financial and taxation policies of promoting trade, and do a good job of tax rebate for exports.
The municipal administrative department of human resources shall, jointly with the municipal departments of commerce, and education work out the gathering and development planning of trade talents as well as the scheme of training and introduction, implement the plan for developing international trade talents, and establish and perfect a market-oriented mechanism of trade talent evaluation that is suitable for the construction of the International Trade Center in Shanghai.
The relevant municipal departments and the district/county people's governments shall provide convenience for the high-level and urgently-needed trade talents introduced in handling household registration and residence permits, housing, medical care coverage, and the schooling of their children. The administrative department of entry and exit shall, in accordance with relevant State provisions, simplify the entry-exit procedures for trade talents introduced from overseas.
The relevant municipal departments shall, in accordance with relevant provisions, commend or award trade talents who have made contributions to the construction of theInternationalTradeCenterinShanghai.
The municipal administrative department of commerce shall collect and gather relevant information on the state and municipal trade-promoting industrial policies, product standards, supportive measures, development status of the industry, and work procedures, and publish such information on the International Trade Center Network of Shanghai, China. Relevant departments and units of this Municipality shall assist in providing relevant information.
This Municipality supports commercial and financial information suppliers to construct financial information platforms connected with overseas markets of stock exchange, futures, foreign exchange, and gold, provide trade entities with commercial and financial information of international trade, and form an international economic and trade information e-port and a global trade information service market.
Chapter VI Maintenance of Trade Order and Construction of Legal Environment
The municipal administrative departments of commerce, finance, development & reform, economy and informatization, industry and commerce, quality and technical supervision and the district/county people's governments shall strengthen cooperation, periodically release information on fair trade, examine related policies and measures, strengthen public service of fair import/export trade, support trade associations, chambers of commerce, enterprises and professional service agencies to conduct fair trade work including trade friction coordination, trade adjustment assistance, and industry injury early warnings.
The municipal administrative departments of commerce, and finance shall, jointly with relevant municipal departments, guide enterprises and related trade associations and chambers of commerce in handling trade friction cases including anti-dumping, anti-subsidy, safeguard measures, intellectual property, and technical measures, in accordance with international trade rules and practice; strengthen statistics and analysis of the impacts of foreign countries鈥 relevant measures on import/export trade; guide the industry and enterprises impacted by imported products to apply to the relevant state departments for trade relief, and track and analyze the relief effect of the related measures on the industry.
Where industries or enterprises are seriously injured by import increase or industry transfer, the municipal administrative department of commerce shall take the initiatives to assist them to make development and revitalization plans, carry out trade adjustment projects such as studying the change of business, conducting research and development on new products, optimizing the marketing, improving management, and conduct training and rearrangement for the personnel.
The municipal administrative department of commerce shall cooperate with relevant state departments to provide early warnings on industry injury, collect at regular intervals the data related to the quantities and prices of import and export products as well as the production and operation of domestic like products, improve the industry safety database, and offer feedback on this Municipality's industry, trade and market monitoring in a timely manner through analysis and evaluation. Relevant departments and units of this Municipality shall assist by providing related data.
The Municipal People's Government and relevant departments shall perfect the long-term mechanism for trade-related intellectual property protection, establish a public service platform of intellectual property assistance, and investigate and handle, according to law, the illegal acts infringing the intellectual property right.
The municipal administrative department of commerce shall, jointly with relevant municipal departments, support enterprises in overseas intellectual property registration, establish a working mechanism of assisting enterprises to protect their intellectual property abroad, and reinforce guidance and help for enterprises to safeguard their rights abroad.
This Municipality establishes a mechanism of rewarding reports and complaints about violations of intellectual property rights, and intensifies social supervision over infringements of intellectual property rights.
The municipal administrative departments of economy and informatization, commerce, industry and commerce, quality and technical supervision, and food and drug supervision shall establish and perfect the system of collecting commercial credit information, record the credit information on trade entities鈥 obtainment of the administrative permit and handling of their acts in breach of laws and regulations, establish a mechanism of credit information sharing, and perfect the mechanism of credit information disclosure and enquiry services.
This Municipality encourages credit service agencies to develop credit products, and supports their legal business activities, promoting development of the credit service market.
The municipal administrative departments of commerce, and economy and informatization shall support credit service agencies to develop and create credit products including credit guarantee, credit rating, commercial credit collection, commercial factoring, and financing for small and medium-sized enterprises.
The Municipal People's Government and relevant departments shall support trade enterprises to use credit products to avoid business risks in activities such as contract signing and contract performance, and encourage them to improve their credit management.
The people's court at all levels in this Municipality shall perfect the mechanism of trying trade disputes according to law, and enhance enforcement of trade dispute verdicts.
The arbitration institutions of this Municipality shall perfect the arbitration rules according to laws, regulations and international practice, and raise the professional level of trade dispute arbitration and conform further to international norms.
This Municipality supports various professional commercial-dispute mediation agencies to solve trade disputes according to international practice and in various forms.
Chapter VII Supplementary Provision
These Regulations shall be effective as of January 1, 2013.
Regulations ofShanghaiMunicipalityon Advancing the Construction of theInternationalTradeCenter