The Implementation Plan for Shanghai to Implement Several Measures for Promoting Institutional Opening by Docking International High Standards in Conditional Pilot Free Trade Zones and Free Trade Port
CCTV News:According to the website of the Shanghai Municipal Government on September 21st, the General Office of the Shanghai Municipal People’s Government issued the Implementation Plan for Shanghai to Implement Several Measures for Promoting Institutional Opening in Pilot Free Trade Zones and Free Trade Ports with Conditions. Among them, it is proposed that the Shanghai Pilot Free Trade Zone and the Lingang New Area should meet the highest standards, the best level and the national strategic needs, and steadily expand the institutional opening of rules, regulations, management and standards. In addition to the pilot measures required by the relevant ministries and commissions of the state to issue detailed implementation rules or the pilot measures required by the relevant ministries and commissions of the state to speed up the implementation, it will take one year to vigorously promote the implementation of various pilot measures in trade in goods, service, digital trade, temporary entry of business personnel, and optimization of business environment. In the process of implementation, we should effectively deal with risks, pay attention to excavating typical cases, summarize effective practices and highlights, and refine and form institutional innovation achievements in time. By the time the first-year evaluation is implemented, the pilot work will have made progress, innovation, breakthrough, achievements, projects and cases, forming a number of experiences and practices that can be replicated and popularized.
Shanghai has implemented the implementation plan of "Several Measures for Piloting International High Standards and Promoting Institutional Opening in Conditional Pilot Free Trade Zones and Free Trade Ports"
In order to thoroughly implement the "Several Measures for Promoting Institutional Opening by Docking International High Standards in Conditional Pilot Free Trade Zones and Free Trade Ports" (Guo Fa [2023] No.9), continue to promote the reform and innovation of China (Shanghai) Pilot Free Trade Zone and Lingang New Area (hereinafter referred to as "Shanghai Pilot Free Trade Zone and Lingang New Area"), actively increase stress testing, better undertake the major mission entrusted by the state, and promote high-level institutional opening.
I. Main objectives
The Shanghai Pilot Free Trade Zone and the Lingang New Area have steadily expanded the institutional opening of rules, regulations, management and standards in line with the highest standards, the best level and the national strategic needs. In addition to the pilot measures required by the relevant ministries and commissions of the state to issue detailed implementation rules or the pilot measures required by the relevant ministries and commissions of the state to speed up the implementation, it will take one year to vigorously promote the implementation of various pilot measures in trade in goods, service, digital trade, temporary entry of business personnel, and optimization of business environment. In the process of implementation, we should effectively deal with risks, pay attention to excavating typical cases, summarize effective practices and highlights, and refine and form institutional innovation achievements in time. By the time the first-year evaluation is implemented, the pilot work will have made progress, innovation, breakthrough, achievements, projects and cases, forming a number of experiences and practices that can be replicated and popularized.
Second, promote the innovative development of trade in goods
(1) Shanghai Pilot Free Trade Zone and Lingang New Area shall formulate a pilot scheme for the import of remanufactured products, which shall be implemented after being reported to the competent commercial department of the State for approval. The pilot program defines the list of remanufactured imported products, applicable standards and requirements of remanufactured products (including but not limited to quality characteristics, safety and environmental performance, etc.), conformity assessment procedures and regulatory measures.
(2) The following goods temporarily entering the Shanghai Pilot Free Trade Zone and Lingang New Area from abroad may be exempted from paying customs duties, import value-added tax and consumption tax temporarily after the taxpayer provides a guarantee to the customs at the time of entry: professional equipment (including software, instruments, equipment and supplies used for news reporting or filming movies and TV programs, etc.) necessary for temporary entry personnel to carry out business, trade or professional activities in accordance with Chinese laws; Goods for exhibition or demonstration; Commercial samples, advertising films and audio recordings; Sports goods necessary for sports competitions, performances or training. The above-mentioned goods shall be transported out of the country within 6 months from the date of entry, and shall not be used for commercial purposes such as sale or lease during the temporary entry period. If it is necessary to extend the time limit for re-shipment out of the country, the extension formalities shall be handled in accordance with the regulations.
(3) When an enterprise applies for import customs declaration, if there are only minor errors such as printing errors, typographical errors, omission of non-critical information, or minor differences between documents, the customs can give the enterprise preferential tariff treatment under the condition of confirming the qualification of the origin of the goods, and the enterprise does not need to revise and submit the application materials repeatedly. On the basis of summing up experience, Shanghai Customs has replicated and promoted it all over Shanghai.
(4) If an enterprise submits an application for extension of pre-ruling to the customs under the condition that the laws, facts and circumstances on which the pre-ruling is based have not changed, the customs shall, in accordance with the relevant requirements, improve the work flow, accept the application for extension of pre-ruling and make a decision as soon as possible before the expiration of the validity period of the ruling.
(5) On the premise of meeting the requirements of China’s customs supervision and completing the necessary quarantine procedures, the customs will release the air express goods that have submitted the necessary documents within 6 hours after arrival.
(6) On the premise of complying with the relevant regulations of China and completing the necessary quarantine procedures, the customs will release the arrived goods imported by air or sea and submitting all the information required for customs clearance within 48 hours.
(7) If the customs duties, other import taxes and fees have not been determined before the arrival of the goods (including the arrival), but they meet the release conditions in other aspects, and have provided guarantees to the customs or fulfilled relevant procedures as required, the customs shall release them.
(8) When applying for the qualification of conformity assessment institutions in Shanghai Pilot Free Trade Zone and Lingang New Area, overseas conformity assessment institutions shall apply the same or equivalent procedures, standards and other conditions to domestic conformity assessment institutions according to the specific requirements of the General Administration of Market Supervision for the certification qualification pilot.
(9) If an enterprise imports information technology equipment products in Shanghai Pilot Free Trade Zone and Lingang New Area, according to the specific work requirements of the General Administration of Market Supervision, the certification body will accept the self-declaration materials that meet the electromagnetic compatibility standards provided by suppliers, and issue a compulsory product certification certificate after checking the electrical safety of the products according to the relevant requirements of compulsory product certification, and mark the electromagnetic compatibility part on the certification certificate as a declaration of compliance, indicating that the products should be imported from Shanghai Pilot Free Trade Zone and Lingang New Area.
(10) Enterprises import wine in Shanghai Pilot Free Trade Zone and Lingang New Area, The allowed import labels include chateau (winery), classic (classic), clos (vineyard), cream (silky), crusted/crusting (wine residue), fine (exquisite), late bottled vintage (late vintage), noble (noble) and reserve (treasured). Descriptors or adjectives such as special reserve, solera, superior, sur lie, tawny, vintage or vintage character.
Customs and municipal market supervision departments shall, in accordance with the Food Safety Law, Measures for the Administration of Import and Export Food Safety, General Rules on Labeling in prepackaged foods and other relevant requirements, do a good job in compliance supervision of imported wine labeling information.
Third, promote the freedom and convenience of service trade
(11) If a foreign-funded financial institution applies for developing new financial services already carried out by a Chinese-funded financial institution in the Shanghai Pilot Free Trade Zone and Lingang New Area, the Shanghai financial management department shall, according to the institutional type, institutional nature, licensing requirements and licensing procedures of the foreign-funded financial institution to carry out new financial services, give full national treatment to the foreign-funded financial institution and conduct prudent supervision.
(12) For overseas financial institutions, investors of overseas financial institutions and cross-border financial service providers applying for financial services in Shanghai Pilot Free Trade Zone and Lingang New Area, the financial management department in Shanghai can further refine the approval workflow, optimize government services and improve the efficiency of administrative services in accordance with the guidance and requirements of relevant national financial authorities. For the complete and legal applications submitted by overseas financial institutions, investors of overseas financial institutions and cross-border financial service providers related to financial services in Shanghai Pilot Free Trade Zone and Lingang New Area, the financial management department in Shanghai shall make a decision within 120 days and notify the applicants in time. If a decision cannot be made within the above time limit, the financial management department shall immediately notify the applicant and try to make a decision within a reasonable time limit.
(13) Under the guidance and support of the national financial management department, enterprises, individuals working or living registered in the Shanghai Pilot Free Trade Zone and Lingang New Area are allowed to purchase cross-border insurance, investment and other financial services. The specific types of overseas financial services shall be stipulated separately by the state financial management department.
(14) The Shanghai Pilot Free Trade Zone and Lingang New Area shall draw up a list of overseas professionals to be encouraged to provide professional services, establish a working procedure for one-way recognition of overseas professional qualifications, implement one-way recognition of overseas professional qualifications obtained by professionals, and allow qualified professionals with overseas professional qualifications to provide professional services after being approved and filed by relevant departments. The municipal human resources and social security department guides the Shanghai Pilot Free Trade Zone and Lingang New Area to explore the connection mechanism between the international vocational qualification system and the domestic professional and technical personnel evaluation and training system. To provide convenience for professional and technical personnel with international professional qualification certificates in professional fields to participate in the evaluation of professional titles in this city, study the connection between international professional qualifications for level evaluation and domestic professional title evaluation system, and explore the introduction of international evaluation standards in key fields and emerging fields.
Fourth, facilitate the temporary entry of business people
(15) Foreign-invested enterprises registered in Shanghai Pilot Free Trade Zone and Lingang New Area can enjoy the convenience of handling port visas, and the port visa authorities will handle S2 visas for them with a one-time entry and exit period of 30 days. After the accompanying family members enter the country, they can apply for the renewal of the S2 visa with the same entry validity period (no more than 5 years) and the same entry stay period (no more than 180 days) as the visa held by the experts themselves. If the expert himself stays in Shanghai for a long time, his family members can apply for a residence permit for private affairs with the same validity period.
(16) Relevant senior managers of foreign enterprises and their accompanying families who intend to set up branches or subsidiaries in Shanghai Pilot Free Trade Zone and Lingang New Area can enjoy the convenience of handling port visas. According to the invitation, the port visa authority will handle an R, M or F visa for the senior executives with a one-time entry and exit period of 30 days, and their family members will also handle an S2 visa. After entering the country, qualified foreign executives can apply for renewal of multiple-entry R, M or F visas with a validity period of no more than 5 years and an entry stay of no more than 180 days in the exit-entry administration department of this Municipality, and their family members will accompany them to apply for S2 visas. For foreign executives who intend to stay in Shanghai for a long time during the formal preparation of the company, they can apply for a residence permit for private affairs with a validity period of no more than 2 years; After the company is formally established, if the senior executives themselves are officially sent to work in this city, they can also apply for a work-related residence permit with a validity period of not more than 5 years according to the regulations, and their family members will also apply for a private affairs residence permit with a validity period of not more than 5 years.
V. Promoting the healthy development of digital trade
(17) If an enterprise imports, distributes, sells or uses mass market software (excluding software used for key information infrastructure) and products containing the software in Shanghai Pilot Free Trade Zone and Lingang New Area, the transfer or acquisition of relevant software source code owned by the enterprise or individual shall not be required as a condition by the relevant departments and their staff.
(18) The market supervision departments of Shanghai Pilot Free Trade Zone and Lingang New Area have strengthened research on possible consumption risks and behaviors that may harm online consumers in the new mode of digital economy, and combined with law enforcement and judicial practice, explored and continuously improved the consumer rights protection system.
Sixth, intensify efforts to optimize the business environment.
(XIX) The Shanghai Pilot Free Trade Zone and Lingang New Area shall allow all genuine and compliant transfers related to foreign investors’ investment to be freely remitted and remitted without delay. Wages and other lawful incomes of foreign employees of foreign-invested enterprises and employees of Hongkong, Macao and Taiwan Province can be remitted freely according to law. No unit or individual may illegally restrict the currency, amount and frequency of inward and outward remittance.
(20) If the purchasers of Shanghai Pilot Free Trade Zone and Lingang New Area adopt the single-source method for government procurement, they should fully demonstrate the uniqueness of suppliers and publicize them on the Shanghai government procurement website before the procurement activities begin. When announcing the transaction results of single-source procurement projects, the reasons for adopting single-source mode should be explained. The financial departments of Shanghai Pilot Free Trade Zone and Lingang New Area should strengthen supervision and inspection, and promptly correct and standardize those that do not specify or standardize the reasons for adopting single-source mode.
(twenty-one) under the unified guidance of China National Intellectual Property Administration, the municipal intellectual property department will access the national patent information retrieval link to the Shanghai intellectual property "one thing" integrated service platform and announce the query path; Continuously upgrade and optimize the functions of Shanghai intellectual property information service platform, provide more effective and accurate services for enterprises and other business entities in Shanghai Pilot Free Trade Zone and Lingang New Area, and guide the intellectual property management departments in Pudong New Area and Lingang New Area to increase patent information retrieval services for enterprises and other business entities in Shanghai Pilot Free Trade Zone and Lingang New Area.
(22) The people’s courts in the jurisdiction of Shanghai Pilot Free Trade Zone and Lingang New Area shall promptly take relevant measures in accordance with relevant judicial rules after the applicant provides reasonably available evidence and preliminarily proves that his rights are being infringed or will be infringed.
(23) The market supervision departments of Shanghai Pilot Free Trade Zone and Lingang New Area guide operators to strengthen internal control and compliance management against unfair competition, consciously resist acts of unfair competition, and encourage operators to establish and improve anti-unfair competition management systems. When investigating acts of unfair competition, give guidance to the operators under investigation. If the acts of unfair competition of operators are minor and have been corrected in time without causing harmful consequences, no administrative punishment shall be imposed according to law.
(24) Shanghai Pilot Free Trade Zone and Lingang New Area rely on relevant associations and chambers of commerce to support enterprises, commercial organizations and non-governmental organizations in the zone to establish voluntary mechanisms to improve environmental performance (including voluntary auditing and reporting, implementation of market-based incentives, voluntary sharing of information and expertise, cooperation between government and social capital, etc.), and encourage them to participate in the formulation (revision) of environmental performance evaluation standards for voluntary mechanisms.
(25) Shanghai Pilot Free Trade Zone and Lingang New Area rely on relevant associations and chambers of commerce to support enterprises in the zone to voluntarily follow the principle of corporate social responsibility in the environmental field and encourage them to publish annual corporate social responsibility reports.
(26) The municipal human resources and social security department actively explores and improves the disclosure system of labor arbitration awards, and guides the labor and personnel dispute arbitration institutions in Pudong New Area to disclose relevant awards to the public in accordance with the principle of "publication is the norm and non-publication is the exception".
Seven, improve the risk prevention and control system.
(27) The Shanghai Pilot Free Trade Zone Management Committee and the Lingang New Area Management Committee have tightened their main responsibilities, and all relevant departments and units have earnestly fulfilled their supervisory responsibilities. While promoting relevant reforms, they have established and improved supporting measures for risk prevention and control, strengthened the analysis and judgment of various risks, strengthened major risk identification and systematic risk prevention, and established safety risk investigation, dynamic monitoring and real-time early warning mechanisms. Strengthen supervision before and after the event, strict supervision system, innovative supervision methods, strengthen collaborative supervision, and improve the supervision system with clear rights and responsibilities, fairness and justice, openness and transparency, simplicity and efficiency. We will refine prevention and control measures, build a safety protection system that is compatible with systems, management and technology, and implement various management measures such as foreign investment safety review, export control, network security review, cultural product import content review, and anti-monopoly review.
(28) The Administrative Committee of Shanghai Pilot Free Trade Zone and the Administrative Committee of Lingang New Area, all departments and units shall establish a safety assessment mechanism, cooperate with relevant state ministries and commissions, do a good job in safety assessment, analyze and evaluate new situations and new problems in combination with changes in the external environment and trends in the international situation, and report any major issues in time.
VIII. Safeguard measures
(twenty-nine) to establish a long-term mechanism. Establish a working mechanism led by the Municipal Commission of Commerce, with the Municipal Development and Reform Commission, the Shanghai Pilot Free Trade Zone Management Committee, the Lingang New Area Management Committee and all relevant departments performing their respective duties and working together to carry out regular assessments to ensure that policies, measures and results are in place. In the process of implementation, if the central and state departments issue relevant laws and regulations, they shall be implemented in accordance with relevant regulations.
(30) Strengthen the implementation of responsibilities. The Municipal Commission of Commerce, the Municipal Development and Reform Commission, the Shanghai Pilot Free Trade Zone Management Committee and the Lingang New Area Management Committee, and all relevant departments should deeply understand the importance, urgency and complexity of docking international high-standard economic and trade rules to promote institutional opening, earnestly shoulder their responsibilities, strengthen cross-departmental cooperation, study and coordinate in time to solve difficult problems encountered in the promotion process, and solidly promote related work to ensure that all pilot measures come into effect.
(thirty-one) to strengthen training and publicity. The Municipal Commission of Commerce, the Municipal Development and Reform Commission, the Shanghai Pilot Free Trade Zone Management Committee and the Lingang New Area Management Committee, and all relevant departments carry out policy interpretation and corporate publicity activities in a institutionalized and regular manner, and widely publicize the policy connotation, highlights and application scenarios through the Internet, television and new media to expand the awareness of policies; Strengthen policy guidance, and set up consultation telephones as needed to help enterprises make full use of policies.
This implementation plan shall come into force as of September 1, 2023.