Notice of Shanghai Municipal People's Government on Issuing the Plan of Shanghai Municipality to Implement the Overall Program for Comprehensively Keeping Pace with the High-Standard International Trade Rules and Implementing a High-Level Institutionalized Opening-up Policy in the China (Shanghai) Pilot Free Trade Zone

SMPG G [2024] No.1

Attention: all District People's Governments, all Commissions, Offices, and Bureaus (Administrations) of the Municipal People's Government, and all relevant Units:

We hereby issue to you the Plan of Shanghai Municipality to Implement the Overall Program for Comprehensively Keeping Pace with the High-Standard International Trade Rules and Implementing a High-Level Institutionalized Opening-up Policy in the China (Shanghai) Pilot Free Trade Zone, and request you to implement it conscientiously.

Shanghai Municipal People's Government

February 3, 2024

Plan of Shanghai Municipality to Implement the Overall Program for Comprehensively Keeping Pace with the High-Standard International Trade Rules and Implementing a High-Level Institutionalized Opening-up Policy in the China (Shanghai) Pilot Free Trade Zone

This Plan is formulated with a view to thoroughly implementing the Overall Program for Comprehensively Keeping Pace with the High-Standard International Trade Rules and Implementing a High-Level Institutionalized Opening-up Policy in the China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the "Overall Program"), to continuously promoting the pioneer experiments of the institutionalized opening-up in a wider range of fields and at a deeper degree in the China (Shanghai) Pilot Free Trade Zone (including Lin-gang Special Area, hereinafter referred to as the "Shanghai Pilot Free Trade Zone"), and to creating a nationwide demonstrative zone of the institutionalized opening-up.

I. Principal Objectives

The Overall Program is to be comprehensively implemented and the institutionalized opening-up in relation to the rules, regulations, administrations and standards is to be steadily advanced. In a span of three years, an institutionalized system and a regulatory model that are in line with the high-standard international trade rules are to be firstly established in the planned area of Shanghai Pilot Free Trade Zone, with the facilitation of trade and investment achieving the international first-class level, with the rules of digital economy linked up with the international practices, with the capacity of supervision and risk prevention and control under the open economy built, the overall capacity to participate in the international rule-making strengthened, and new impetus and advantages in participating in international cooperation and competition in the key areas presented.

II. Accelerating the Opening-up of the Trade in Services

1. Facilitating the Provision of Electronic Payment Services

(1) The commercial banks, non-bank payment institutions, and the other payment service providers are encouraged to establish an internationally advanced standard for the electronic payment system. (Responsible units: the People's Bank of China Shanghai Head Office and the National Financial Regulatory Administration Shanghai Office)

(2) The commercial banks, non-bank payment institutions, and the other payment service providers are encouraged to take the lead in applying personal and corporate digital identities in the payment system and the other related fields, and to develop businesses of cross-border authentication and electronic identification of the digital identities. (Responsible units: the People's Bank of China Shanghai Head Office and the National Financial Regulatory Administration Shanghai Office)

(3) The overseas electronic payment institutions are encouraged to apply for a license and operate business in Shanghai, and the commercial banks and non-bank payment institutions are encouraged to cooperate with the overseas electronic payment institutions and provide payment and settlement services therefor, with priority given to the settlement in Renminbi (RMB) encouraged. (Responsible units: the People's Bank of China Shanghai Head Office and the  National Financial Regulatory Administration Shanghai Office)

(4) The relevant laws, rules, government regulations, administrative normative documents, and the other policies and measures concerning electronic payment, and the decisions on imposing administrative penalties concerning electronic payment and settlement that have certain impact on the society, are to be made available to the public in time by the electronic payment regulatory authority. (Responsible units: the People's Bank of China Shanghai Head Office and the National Financial Regulatory Administration Shanghai Office)

2. Facilitating Cross-border Transmission of Financial Data

(5) A financial institution may transmit abroad the data needed for daily operations under the framework of the national security system regulating cross-border transmission of data. When carrying out data outbound transmission, a financial institution shall, in accordance with the requirements of category-based data management and data security, conduct security assessment for data outbound transmission and certification for personal information protection, and keep a record for the standard contracts for outbound transmission of personal information to ensure the security of the important data and personal information. (Responsible units: the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, Shanghai Municipal  Bureau of Public Security, the People's Bank of China Shanghai Head Office, and the National Financial Regulatory Administration Shanghai Office)

3. Supporting the Development of Financial Innovation

(6) The international cooperation in financial technologies is to be deepened and the financial institutions are encouraged to apply the technologies such as the artificial intelligence (AI) and blockchain to create demonstrative applications of financial technologies. (Responsible units: the Financial Commission of the CPC Shanghai Municipal Committee, the People's Bank of China Shanghai Head Office, the National Financial Regulatory Administration Shanghai Office, and China Securities Regulatory Bureau Shanghai Office)

(7) The financial institutions are encouraged to conduct cross-border asset management in accordance with law and provide domestic investment management, valuation, and accounting services for the funds established abroad. (Responsible units: China Securities Regulatory Bureau Shanghai Office, the National Financial Regulatory Administration Shanghai Office, the People's Bank of China Shanghai Head Office, the State Administration of Foreign Exchange Shanghai Branch, and the Financial Commission of the CPC Shanghai Municipal Committee)

(8) A pilot project for digital Renminbi (e-CNY) is to be promoted in phases to expand the scope of application of the e-CNY, create a more facilitative, inclusive, and user-friendly environment for the e-CNY payment, further deepen the application of e-CNY in such fields as the trade settlement, chain superstores, tourism and catering, and payment on e-commerce platforms, and gradually develop a supporting environment for the e-CNY. (Responsible units: the People's Bank of China Shanghai Head Office, the State Administration of Foreign Exchange Shanghai Branch, the Municipal Commission of Commerce, and the Financial Commission of the CPC Shanghai Municipal Committee)

(9) Under the guidance of the national financial regulatory authority and in accordance with the principle of putting risks under control, the ways to relax restrictions on non-resident merger and acquisition loans in Lin-gang Special Area are to be prudently explored to expand the scope of application of loans, and the financial regulatory authority shall, in conjunction with the industry associations, study and formulate the business guidelines for non-resident merger and acquisition loans based on a comprehensive assessment of the risk control. (Responsible units: the National Financial Regulatory Administration Shanghai Office, the People's Bank of China Shanghai Head Office, and the State Administration of Foreign Exchange Shanghai Branch)

(10) The multinational corporations are encouraged to establish global or regional finance centers herein, and the existing cross-border fund pooling, centralized cross-border fund operation, and the integrated local and foreign currency fund pooling businesses are to be further optimized pursuant to the unified arrangements of the People's Bank of China and the State Administration of Foreign Exchange. The overseas centralized collection and payment business processes of the member enterprises abroad and the fund allocation based on the framework of entrusted loan of the existing centralized cross-border fund operation businesses are to be optimized in accordance with the relevant provisions. (Responsible units: the People's Bank of China Shanghai Head Office, the State Administration of Foreign Exchange Shanghai Branch, and the Financial Commission of the CPC Shanghai Municipal Committee)

(11) An "international board" of reinsurance is to be established and developed, and a functional zone for international reinsurance is to be created in Lin-gang Special Area to attract the various insurance institutions in order to explore and establish a set of rules for the "international board" of reinsurance that is in line with the international standards. An international reinsurance business platform is to be built and services are to be provided for the centralized registration, trading, clearing and settlement, information disclosure, credit management, contract depository, and the like on the reinsurance market. It is encouraged to use RMB for settlement of international reinsurance, so as to make a transparent, facilitative, and highly efficient market for international reinsurance businesses. (Responsible units: the National Financial Regulatory Administration Shanghai Office, the People's Bank of China Shanghai Head Office, the Financial Commission of the CPC Shanghai Municipal Committee, and Lin-gang Special Area Administration)

(12) Under the guidance of the national financial regulatory authority, the relevant business entities in Shanghai Pilot Free Trade Zone are encouraged to carry out a pilot project of investing the insurance funds in gold and the other bulk commodities. (Responsible units: the National Financial Regulatory Administration Shanghai Office, the Financial Commission of the CPC Shanghai Municipal Committee, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(13) The systematic functions of the free trade accounts are to be enhanced and the rules for the accounts are to be optimized, so as to facilitate the financial institutions to provide various types of integrated cross-border financial services in local and foreign currencies, including cross-border financing, cross-border mergers and acquisitions, and cross-border bonds, and achieve an orderly and free flow of funds between Shanghai Pilot Free Trade Zone and abroad. (Responsible units: the People's Bank of China Shanghai Head Office, the State Administration of Foreign Exchange Shanghai Branch, the National Financial Regulatory Administration Shanghai Office, and China Securities Regulatory Bureau Shanghai Office)

(14) Under the guidance of the national financial regulatory authority, a study will be conducted on the feasibility of cross-border transfer of asset-backed securities by qualified asset management corporations (excluding the financial asset management corporations, the fund management corporations and the local asset management corporations). (Responsible units: China Securities Regulatory Bureau Shanghai Office, the People's Bank of China Shanghai Head Office, the State Administration of Foreign Exchange Shanghai Branch, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(15) The financial leasing corporations are encouraged to carry out businesses of transferring the leased assets, and, under the guidance of the national financial regulatory authority, explore the possibility of cross-border transfer of the leased assets and the settlement thereof in RMB. (Responsible units: the National Financial Regulatory Administration Shanghai Office, the People's Bank of China Shanghai Head Office, and the Financial Commission of the CPC Shanghai Municipal Committee)

(16) The commercial factoring corporations are encouraged to carry out commercial factoring businesses based on real international trade transactions on the condition that foreign currency receipts and payments are consistent with the import and export transactions. (Responsible units: the National Financial Regulatory Administration Shanghai Office, the People's Bank of China Shanghai Head Office, and the Financial Commission of the CPC Shanghai Municipal Committee)

4. Optimizing the Telecommunication Services

(17) The enterprises providing baseline telecommunication services provide the services in a reasonable and non-discriminatory manner without prejudicing the quality and reliability thereof, and provide mobile number (non-IoT number) portability services in a timely manner in accordance with laws, rules and regulations, and continuously improve the quality of their services. (Responsible unit: Shanghai Communications Administration)

(18) Subjecting to laws, rules, regulations, and the industry regulatory requirements, the enterprises providing baseline telecommunication services are to further improve the service for resale of mobile communications business, reasonably determine the rates, and not to impose any discriminatory conditions. (Responsible unit: Shanghai Communications Administration)

III. Enhancing the Level of Liberalization and Facilitation of Trade in Goods

1. Promoting the Importation of Goods

(19) For the goods that are qualified for being temporarily allowed from beyond the border to enter into the special customs supervision area of Shanghai Pilot Free Trade Zone for repair, they are bonded and exempted from customs duties when transported out of the border. Where such goods are not going to be shipped out of the border, but instead to be sold within the border, the customs duties shall be levied thereon in accordance with the relevant regulations. (Responsible units: the Municipal Bureau of Finance, the Municipal Commission of Commerce, and Shanghai Customs District)

(20) For the wines and distilled spirits imported into Shanghai Pilot Free Trade Zone, where the domestic agent thereof is registered within the zone, the traders are exempted from indicating the Chinese translation of the trademark or product name, as well as the expiration date, shelf life, and the sell-by date on the containers, labels, or packages. Where any of the aforementioned dates is earlier than the date expected by consumers due to a problem with the packaging or the container, or owing to the addition of perishable ingredients therein, the trader shall mark them accordingly. (Responsible units: the Municipal Health Commission, Shanghai Customs District, the Municipal Administration for Market Regulation, and the Municipal Commission of Commerce)

(21) For the medical devices imported into Shanghai Pilot Free Trade Zone, where the domestic agent thereof, who is delegated by the overseas registrant, or person filing for the record, is domiciled within the zone, the domestic agent may, subject to the effective control of the quality management system of medical devices and in the customs special supervisory area, affix labels or sub-labels thereto in Chinese in accordance with the provisions before the sale or supply of the devices. It shall be reported to the local medical product regulatory authority that labels or sub-labels in Chinese are affixed thereto and it is subject to the supervision of the said authority. The Customs and the local medical product regulatory authority are to establish a collaborating mechanism to share the aforementioned information on imported medical devices with labels or sub-labels in Chinese, and the Customs shall conduct customs clearance and inspection supervision based on the information provided by the local medical product regulatory authority upon importation. (Responsible units: the Municipal Medical Product Administration, and Shanghai Customs District)

2. Encouraging the Development of the Commercial Cryptography Industry

(22) No restriction is to be imposed on the importation of any commercial cryptography product that does not involve national security or social public interest, unless the product is included in the list of commercial cryptography products that require import licenses. (Responsible units: the Municipal Cryptography Administration, the Municipal Commission of Commerce, and Shanghai Customs District)

(23) For the manufacture, sale, distribution, importation, or use of the commercial cryptography products, no mandatory regulation on technologies or compliance assessment procedure is to be made or implemented for obtaining the proprietary cryptographic information, and no enterprise is to be mandatorily required to partner with a domestic enterprise or use a specific cryptographic algorithm, unless the national security or social public interest is involved. (Responsible units: the Municipal Cryptography Administration, the Municipal Administration for Market Regulation, and Shanghai Customs District)

(24) The network operators are to be guided to use commercial cryptography to protect the network security as required by the degree-based national network security protection system. For the key information infrastructures that are required by laws, administrative rules, or the provisions of the State to be protected by commercial cryptography, the operators are to be guided to protect them through using commercial cryptography, establish application programs therefor, allocate necessary funds and professional and technical personnel, synchronize the planning, construction and operation of the commercial cryptography protection system, and assess the security of the cryptography applications on a regular basis. (Responsible units: the Municipal Cryptography Administration, and the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee)

(25) It is encouraged to actively adopt the results of commercial cryptography testing and certification in commercial cryptography activities. The commercial cryptography products concerning the national security, national economy, and the welfare and social public interest shall be sold or provided after passing the test or being certified by a qualified commercial cryptography testing and certification authority. (Responsible units: the Municipal Cryptography Administration, the Municipal Administration for Market Regulation, and Shanghai Customs District)

(26) The process of making the policies supporting the development of commercial cryptography industry is to be accelerated, and the development of a commercial cryptography testing system is to be strongly supported. The standardization of commercial cryptography is to be strengthened and a cryptography talent support system is to be optimized so that the capacity for commercial cryptography testing and supplying is to be continuously enhanced. (Responsible units: the Municipal Cryptography Administration, the Municipal Commission of Economy and Informatization, the Municipal Administration for Market Regulation, and the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration))

3. Elevating the Facilitation for Customs Clearance

(27) The operation mode of the international transshipment consolidation platform is to be optimized and the global less than container load (LCL) enterprises are encouraged to move in the Yangshan Special Comprehensive Bonded Zone, so that an international transshipment consolidation service center is to be built, allowing export LCL, international transshipment disassembly and consolidation, and the other multi-industry operations carried out in the same place. The transshipped cargoes which are shipped from abroad, changed, split, or assembled in the Yangshan Special Comprehensive Bonded Zone, and then shipped to the other countries or regions will not be inspected (unless otherwise provided by laws, rules or regulations). (Responsible units: Lin-gang Special Area Administration, and Shanghai Customs District)

(28) For the goods imported at the ports in Shanghai Pilot Free Trade Zone, the foreign exporters or manufacturers are allowed to apply, through their agents located in the Zone, to the Customs for pre-ruling on such matters as the tariff classification, customs valuation, or the origin of the goods. (Responsible unit: Shanghai Customs District)

(29) In accordance with the unified deployment of the General Administration of Customs, the relevant quarantine measures within the border may be simplified for the specific categories of imported goods that have gone through the quarantine treatment abroad which meets the relevant requirements. (Responsible unit: Shanghai Customs District)

(30) The overseas stakeholders are encouraged to equally participate in the formulation and revision of the relevant standards such as the group standards in Shanghai Pilot Free Trade Zone in accordance with law. (Responsible units: the Municipal Administration for Market Regulation, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(31) Subject to the precondition of ensuring data security, the establishment of a cross-border data exchange system is to be accelerated in the China (Shanghai) International Trade "Single Window," adopting internationally recognized standards and the other available open standards to strengthen the system compatibility and interoperability. (Responsible units: the Municipal  Commission of Commerce (the Municipal Office for Port Services), Shanghai Customs District, the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, and the Municipal Commission of Transport)

(32) The China (Shanghai) International Trade "Single Window" will strengthen exchanges and cooperation with the overseas countries and regions, sharing information, experience, and the best practices in the field of development and management of data exchange system and jointly developing pilot projects of data exchange system. (Responsible units: the Municipal  Commission of Commerce (the Municipal Office for Port Services), and the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee)

(33) Subject to the regulatory requirements, the goods entering and leaving the Yangshan Special Comprehensive Bonded Zone through Waigaoqiao Port Area, Pudong International Airport, and the other ports in Shanghai will enjoy the first-line customs release policy on a trial basis. (Responsible units: Lin-gang Special Area Administration, Shanghai Customs District, the Municipal Commission of Commerce (the Municipal Office for Port Services), and the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration))

4. Encouraging Innovation in Logistics Business Models

(34) The logistics enterprises are encouraged to optimize and innovate the solutions on "the last-kilometer" distribution, and the construction of special lanes for automated driving intelligent testing in the Yangshan Port is to be accelerated. (Responsible units: the Municipal Commission of Transport, the Municipal Bureau of Public Security, and the Municipal Commission of Economy and Informatization)

(35) On a trial basis, the bonded zone and port in the Yangshan Special Comprehensive Bonded Zone are to be integrally managed, the bonded logistics and processing are allowed in the port area, and the limitation on the duration of cargo storage is lifted. (Responsible units: Lin-gang Special Area Administration, and Shanghai Customs District)

5. Improving the Customs Supervision and Law Enforcement

(36) The relevant procedures are to be adopted or established to prevent unauthorized disclosure of the confidential information submitted to the Customs by the relevant business operators in accordance with laws, rules and regulations (including the information that may harm the competitive position of the information provider once disclosed). (Responsible unit: Shanghai Customs District)

(37) The Customs shall, within its functions and powers, take border measures against the imported or exported goods that may involve infringement of others' rights or counterfeiting. Where the Customs finds that the goods in transit may involve infringement of others' rights or counterfeiting, it may inform the customs of the country of destination of the goods. (Responsible unit: Shanghai Customs District)

IV. Taking the Lead in Implementing the High-standard Digital Trade Rules

1. Regulating and Promoting Cross-border Flow of Data

(38) Under the framework of the national data security regulatory system, an enterprise or individual may provide data abroad on business needs. (Responsible units: the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, and the Municipal Data Administration)

(39) Shanghai Pilot Free Trade Zone Administration and Lin-gang Special Area Administration will, in accordance with the category-based data protection system and based on the actual needs of the Zone and the Area, take the lead in formulating a catalogue for important data. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, and the Municipal Data Administration)

(40) A lawful, secure, and facilitating mechanism for cross-border flow of data is to be explored and established to enhance the facilitation of cross-border flow of data. Through reinforcing the category-based guidance on outbound data of the relevant industries, releasing the model scenarios, and establishing a cross-border data service center in Lin-gang Special Area, the data processors are facilitated to carry out compliance check for the security of the outbound data such as the self-assessment thereof. (Responsible units: the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, Lin-gang Special Area Administration, and the Municipal Data Administration)

(41) Subject to the network regulatory system, the consumers may use a terminal equipment that will not cause damage to the network to access the Internet and use services and applications available online. (Responsible units: the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, Shanghai Communications Administration, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(42) A data security regulatory and certification system is to be implemented as required by the Implementation Rules on Data Security Regulation and Certification to form the standards and the best practices in line with the requirements for personal information protection. The enterprises are to be guided to carry out data processing activities in accordance with the relevant standards and norms, and the adoption of the results of data security regulation and certification is encouraged. (Responsible units: the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, and the Municipal Data Administration)

2. Promoting the Application of Digital Technology

(43) Shanghai Pilot Free Trade Zone Administration and Lin-gang Special Area Administration will, by making reference to the Model Law on Electronic Transferable Records of the United Nations Commission on International Trade Law, establish a digitalized platform for interactive operation which may be connected with the EU Peppol system, to promote the application of electronic bills of lading, electronic warehouse receipts, and the other electronic instruments. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Commission of Commerce, and the Municipal Tax Service)

(44) A fully digitalized management of electronic invoices are to be strengthened to enhance the electronic invoices' cross-border interactivity. A "Single Window" electronic invoice application portal is to be developed in reliance on the China (Shanghai) International Trade "Single Window", which will be connected with the cross-border interactive operation platform for electronic invoices, to promote the up-linking of electronic invoices for the import and export trade. The provision of data support based on the supervision of the electronic invoices for the government departments, such as the Customs, tax service, and foreign exchange administration, is to be explored in order to provide electronic invoice deposit and the like services for the various types of trade participants and promote the cross-border coordination of electronic invoices from end to end. The capability of the enterprises to apply international standards to their electronic invoices is to be enhanced through sharing the best cases and carrying out training and publicity activities. (Responsible units: the Municipal Commission of Commerce (the Municipal Office for Port Services), and the Municipal Tax Service)

(45) A digital identity authentication system in line with the international standards is to be studied and improved. Mutual recognition of digital identities is to be developed in the situation where it is required to authenticate a legal person's electronic identity or an enterprise's registration, or in electronic payment, to promote the interactive operation of personal or enterprise digital identities. International cooperation in terms of policies, rules and regulations, technical tools, protection standards, and the best practices is to be strengthened. (Responsible units: the Municipal Data Administration, the Municipal Bureau of Public Security, the Municipal Administration for Market Regulation, the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, the Municipal Cryptography Administration, and the People's Bank of China Shanghai Head Office)

(46) The use of AI technologies in a credible, secure, and responsible way is encouraged. Shanghai Pilot Free Trade Zone Administration and Lin-gang Special Area Administration establish an expert advisory body concerning AI ethics, advance the research on the AI ethical rules, formulate a guideline thereon, and release the model cases from the enterprises involving the security governance on AI ethics. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Commission of Science and Technology, and the Municipal Commission of Economy and Informatization)

(47) A guidance on innovative medical device registration in Shanghai Municipality is to be formulated, a reform of the review and approval system on medical devices is to be promoted, and a guidance for registration of the innovative medical devices, such as "AI + medical devices", before they are put on the market, is to be optimized. (Responsible unit: the Municipal Medical Product Administration)

(48)  A "strong digital chain" in the biomedical industry is to be advanced, the AI technology-enabled pharmaceutical innovation and research and development is to be deepened, and the approaches and requirements for foreign-funded enterprises to participate in the innovative medicine development and the other areas of AI innovation and cooperation are to be improved. (Responsible units: the Municipal Science and Technology Commission, the Municipal Data Administration, and the Municipal Commission of Commerce)

(49) Subject to the security requirements, the testing and demonstrative application of the highly autonomous vehicles on expressways and elevated highways are to be explored. (Responsible units: the Municipal Commission of Economy and Informatization, the Municipal Commission of Transport, and the Municipal Bureau of Public Security)

(50) It is encouraged to explore the business models in the process of demonstration and application of the vehicles connected with the intelligent network, and accelerate the promotion of commercial application of such vehicles. (Responsible units: the Municipal Commission of Transport, the Municipal Commission of Economy and Informatization, and the Municipal Bureau of Public Security)

(51) Experimental provisions on the management of high-precision maps for the vehicles connected with the intelligent network are to be formulated, the local standards for the basic framework data are to be made, the supporting rules for map review are to be issued, and the institutions qualified for making electronic navigation maps are encouraged to carry out experiments on crowd-sourcing within Shanghai Pilot Free Trade Zone and further explore the application scenarios. (Responsible units: the Municipal Bureau of Planning and Natural Resources, and the Municipal Commission of Economy and Informatization)

3. Promoting Data Opening and Sharing

(52) A data sharing mechanism is to be established and improved to support the enterprises to share data in accordance with laws, rules and regulations and encourage data innovation and creation to promote the innovative application of big data. (Responsible unit: the Municipal Data Administration)

(53) Under the guidance of the relevant national authorities, an international open source promotion organization is to be established within Shanghai Pilot Free Trade Zone, which will actively participate in the construction of the global open source ecology. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and the Municipal Commission of Economy and Informatization)

(54) Shanghai Data Exchange is encouraged and guided to establish the key infrastructures for data trading and circulation centered on the data trading chain, as well as the registration platforms, trading platforms, and clearing platforms, and track the standards and implementation of the rules for the registration certificates for data assets and software assets. (Responsible units: the Municipal Data Administration, the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, and the Municipal Bureau of Finance)

(55) The scope and intensity of public data opening are to be continuously expanded and increased, and the public data generated by the Party and the government organs, public institutions, and enterprises in the course of performing their duties or providing public services in accordance with law are to be open to the public and the development and utilization thereof are to be strengthened. A catalogue of open datasets specifying the approaches of accessing and using the data is to be published. (Responsible units: the Municipal Data Administration, and the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee)

(56) On the condition that personal privacy is protected and public security is ensured, it is encouraged to provide the public data, based on the requirements that "the original data is not released out of the domain, and the data are available but invisible," in the form of models, verification services, or the other types of products or services to explore the ways to develop and utilize the public data, and encourage the development of new products or services based on the dataset. (Responsible units: the Municipal Data Administration, and the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee)

(57) The industry associations and the other institutions are encouraged to strengthen exchanges and cooperation with the overseas institutions on promoting the participation of small and medium-sized enterprises (hereinafter referred to as the "SMEs") in the digital economy, hold digital SME dialogue meetings from time to time to set up a platform for the SMEs to exchange information and share the cases so as to facilitate the SMEs to know the policies and access to the resources. The SMEs' trade and investment opportunities in the digital economy are to be continuously improved and the SMEs' cooperation and development in digitalization are promoted. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, and the Municipal Commission of Economy and Informatization)

(58) Shanghai Pilot Free Trade Zone Administration and Lin-gang Special Area Administration strengthen the international cooperation on digital inclusion, and share the achievements and practical experience of the sustainable development of digital economy. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, and the Municipal Data Administration)

(59) The supervision of and regulation on the unsolicited commercial electronic information are to be strengthened, and a special governance on the illegal collection and use of personal information is to be developed. (Responsible units: the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, the Municipal Administration for Market Regulation, the Municipal Data Administration, and Shanghai Communications Administration)

(60) A routinized regulatory system for fair competition in digital economy is to be improved to promote the legislation on fair competition review in Pudong New Area, create a fair competition policy environment for the development of digital economy, release the competition policies and the best practices on the digital market, and strengthen the international exchange of information and experience on the competition policies. (Responsible units: Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, the Municipal Administration for Market Regulation, and the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration))

(61) The enforcement of anti-monopoly law in the field of digital economy is to be strengthened, and the ex-post assessment of the cases is to be developed to maintain a fair competition order in the industry. Training is to be strengthened and the law enforcement capacity in the area of competition on the digital market is to be enhanced. (Responsible unit: the Municipal Administration for Market Regulation)

V. Strengthening the Protection to Intellectual Property Rights

1. Strengthening the Protection to Trademarks and Geographical Indications

(62) Under the guidance of the national intellectual property authorities, the functions of Shanghai Intellectual Property Information Service Platform is to be optimized and upgraded to provide services on accurate and effective information of trademark registration and the information retrieval services for the business operators in Shanghai Pilot Free Trade Zone. (Responsible unit: the Municipal Intellectual Property Administration)

(63) Under the guidance of the national intellectual property authorities, the matters involving the application for protecting a foreign geographical indication (including liberal, phonetic or literal translation thereof) in China, such as the acceptance process, the required materials, the changes and revocations, supervision and management, handling of objections, and cancellation of the application, are to be fully disclosed via the government service portal of Shanghai Pilot Free Trade Zone, online platforms, and the other online or in-person means to provide guidelines, consultations, and the other like services. (Responsible units: the Municipal Intellectual Property Administration, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(64) A high level protection for the geographic indication products is to be provided by regulating the following activities: using a geographic indication to indicate that the product originates in a geographical area other than its genuine origin, using a geographic indication to indicate an identical or similar product that is not originated from that origin, or using a geographic indication to indicate an identical or similar product that does not conform to the protected name or product specification. (Responsible units: the Municipal Intellectual Property Administration, the Municipal High People's Court, and the Municipal Administration for Market Regulation)

2. Improving the Patent Protection System

(65) Under the guidance of the national intellectual property authorities, the functions of Shanghai Intellectual Property Information Service Platform are to be optimized and upgraded to facilitate the business operators in Shanghai Pilot Free Trade Zone to obtain the information such as the results of their patent applications. (Responsible unit: the Municipal Intellectual Property Administration)

(66) Protection is to be granted to the undisclosed experiments and the other data of new agricultural chemicals which business operators registered in Shanghai Pilot Free Trade Zone have been approved to market in the mainland of China, and such protection shall be continued during the protection period of the data even if another patent protection period of the chemicals in the mainland of China expires. (Responsible unit: the Municipal Commission of Agriculture and Rural Affairs)

3. Strengthening Administrative Supervision on Law Enforcement and the Judicial Protection of Right Holders

(67) The administrative supervision on law enforcement and the judicial protection of the right holders are to be strengthened and any activity involving an intentional use of the following labels or packages on a commercial scale is under regulation: unauthorized use on labels or packages of a trademark that is identical to or indistinguishable from a trademark registered in the mainland of China; in a commercial transaction intending to use a label or package on a commodity or service that is identical to a commodity or service the trademark of which is registered in the mainland of China. (Responsible units: the Municipal High People's Court, the Municipal People's Procuratorate, the Municipal Bureau of Public Security, the Municipal Administration for Market Regulation, and the Municipal Intellectual Property Administration)

(68) The administrative supervision on law enforcement and the judicial protection of the right holders are to be strengthened against the unauthorized copying of film works when shown in movie theaters for profit-making that causes serious damage to the right holders. (Responsible units: the Municipal Copyright Bureau, the Municipal High People's Court, the Municipal People's Procuratorate, the Municipal Bureau of Public Security, and the Municipal Administration of Culture and Tourism)

(69) The system of protection of commercial secrets is to be further improved and a working mechanism is to be established for punishing the illegal and criminal activities infringing upon the commercial secrets through civil, administrative, and criminal actions, and the right holders of commercial secrets are guided to protect their own rights and interests by employing all available legal remedies. (Responsible units: the Municipal High People's Court, the Municipal People's Procuratorate, the Municipal Administration for Market Regulation, the Municipal Bureau of Public Security, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(70) The administrative supervision on law enforcement and judicial protection of the right holders are to be strengthened in respect of serious infringements of commercial secrets, such as an unauthorized access to the commercial secrets in a computer system or an unauthorized misappropriation or disclosure of the commercial secrets (including such an act conducted through a computer system). (Responsible units: the Municipal High People's Court, the Municipal People's Procuratorate, the Municipal Administration for Market Regulation, and the Municipal Bureau of Public Security)

VI. Promoting Reforms in Government Procurement

1. Optimizing the Procurement Procedures

(71) Within the area of Shanghai Pilot Free Trade Zone, where the State organs, public institutions, organizations, or other designated procuring entities, for the purpose of performing their duties or providing public services, acquire goods, projects, or services under a contract, or conclude a "build-operate-transfer" contract or a concession contract for public works, the relevant provisions of the Overall Program and this Plan are to be followed (excluding the projects involving national security or national secrets). (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Development and Reform Commission, and the Municipal State-owned Assets Supervision and Administration Commission)

(72) The government procurements in Shanghai Pilot Free Trade Zone shall generally be open for public competition. A single-source procurement may be conducted in the following situations: there is no bid, no qualified bid and no qualified supplier, or exists a collusive bidding; the goods may only be provided by a specific supplier; replenishment buying of the goods originally procured in order to maintain technical consistency or to avoid re-procurement; limited use on trial or commissioned research and development of a first-of-a-kind good or service; or owing to an unforeseen emergency, it is impossible to be procured from the other suppliers. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(73) Where limited competition is adopted in a government procurement, the purchaser shall issue a prequalification notice and invite suppliers to submit prequalification application documents. The prequalification notice shall contain the information of the purchaser, such as the purchaser's name and address, and the other information necessary for contacting the purchaser and obtaining documents relating to the procurement; a description of the procurement, such as the cost and terms of payment, the nature of the goods or services to be procured, the quantities and descriptions thereof (or estimated quantities if the quantities are unknown), the address for submitting a request to participate in the procurement and the last date for submitting the request; and the qualification requirements, such as a list of conditions and a brief description of which, including the specific documents or certificates to be submitted by the suppliers. If the purchaser intends to select a limited number of qualified suppliers to bid, a description of the criteria for the selection of suppliers, the limit on the number of suppliers, and the other restrictive conditions shall be specified. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance , the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(74) When inviting bidding for a government procurement, a purchaser shall release the relevant information in advance. A purchaser procuring goods or services above two million yuan or a construction project above 50 million yuan by means of invitation shall set the last date for submission of the prequalification application documents, which shall generally be not less than 25 days from the date of issuance of the prequalification documents, and not less than 10 days in case of emergency. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal  Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(75) When bidding for a government procurement, a purchaser shall set the last date for submission of the tender documents, which shall generally be no less than 40 days from the date of issuance of the tender documents. The time limit may be shortened appropriately in a special situation, but may not be less than 10 days. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

2. Fine-tuning the Management of Government Procurement

(76) Upon formulating the budget for a government procurement, a purchaser shall give full consideration to the following factors: all forms of remuneration, including surcharges, fees, commissions, interests, or the other sources of income that may be stipulated in the contract, the price if it is a selective purchase, and all contracts in the same procurement. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(77) The information about the government procurements is to be disclosed to the public in accordance with laws, rules and regulations. It is suggested that the bidding documents are to be provided to the suppliers free of charge as far as possible, and the procurement notices are encouraged to be published in both Chinese and English languages. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(78) Where a purchaser has evidence to prove that, within the immediate three years, a supplier has committed a material and substantial breach of contract with the purchaser or a unit with which the purchaser has a managerial relationship in performing a procurement contract and has not taken any reasonable remedial measures in a timely manner, the purchaser may refuse the supplier to participate in the procurement, but shall state it in the procurement documents. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(79) A purchaser may set technology requirements on environmental protection and information protection when formulating the government procurement requirements. Where there is an international standard applicable to the subject matter of the procurement, the purchaser may adopt the international standard based on the actual situation. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(80) Upon request of a supplier who has lost the bid or failed to conclude a contract with the purchaser, the purchaser shall provide a response explaining the reason why the supplier loses or fails to conclude the contract, and explaining the advantages of the supplier who has won the bid or concluded the contract, and the response may not involve any commercial secrets. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(81) The purchasers and the purchasing agents shall properly keep the procurement documents, records, and reports of each procurement activity of a government procurement project, and may not falsify, alter, conceal, or destroy them. The procurement-related documents shall be kept for at least 15 years from the date the procurement is completed. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(82) The application of the digital technology to the electronic procurement platform for government procurement is to be advanced to further promote the transparency, standardization, and intelligence of the government procurement process, and promote the application of electronic identification certificates. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Development and Reform Commission, and the Municipal Administration for Market Regulation)

(83) Government procurements shall be conducted in a manner that facilitates the participation of the SMEs, and the comprehensive procurement-related information, including the definition of the SMEs, is to be provided in a single electronic portal to a feasible extent. Upon procurement, the electronic approaches or other new information or communication technologies for procurement are to be actively adopted. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Development and Reform Commission, and the Municipal Commission of Economy and Informatization)

(84) The support for the SMEs is to be further strengthened in government procurement and the government procurement policies in favor of the SMEs are to be strictly implemented to encourage the SMEs to take advantage of the digital tools and technologies to participate in the government procurements. The SMEs may participate in subcontracting based on the scale, design, and structure of the procurement. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Development and Reform Commission, and the Municipal Commission of Economy and Informatization)

3. Strengthening the Supervision of the Procurement

(85) A review authority independent of the purchaser is to be designated to review the complaints filed by the suppliers arising from the activities occurred in the government procurements. The purchasers and suppliers are encouraged to resolve the complaints through consultation. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

(86) Where a supplier believes that its rights and interests have been harmed by the government procurement documents, the procurement process, the bidding result, or the result of the transaction, it may, within 10 days from the date on which it knows or should have known that its rights and interests have been harmed, file a challenge in writing to the purchaser. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Finance, the Municipal Commission of Housing and Urban-Rural Development, and the Municipal Development and Reform Commission)

VII. Promoting the Reform of the Behind-the-border Management Systems

1. Deepening the Reform of the State-owned Enterprises

(87) The local legislation on the supervision and regulation of the State-owned assets is to be accelerated and promoted, a category-based supervision is to be deepened, and the management based on the list of powers and responsibilities is to be improved, so that the authorized matters are to be dynamically optimized and the policies are applied based on the different core functions, equity structures, and organizational forms of the different enterprises. For an enterprise with mixed ownership that the State-owned assets supervision and regulatory authority holds part of its equity, or a wholly State-owned corporation with diversified shareholders, a new mode of management different from that of wholly State-owned corporations is to be implemented to regulate the procedures for the shareholders to perform their responsibilities and make the shareholders' meeting effective. (Responsible unit: the Municipal State-owned Assets Supervision and Administration Commission)

(88) A designated enterprise that exclusively engaged in a certain product or service in Shanghai Pilot Free Trade Zone shall, when purchasing or selling goods or services, make decisions based on its commercial considerations. (Responsible units: the Municipal Development and Reform Commission, the Municipal Bureau of Finance, the Municipal Administration for Market Regulation, and the Municipal State-owned Assets Supervision and Administration Commission)

(89) A guide is to be provided to the State-owned enterprises providing public products and services in the Shanghai Pilot Free Trade Zone for them to do cost accounting, strengthen cost regulation and management, and a scientific, reasonable, stable, and reliable compensation mechanism is to be established for them. (Responsible units: the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Development and Reform Commission, the Municipal Bureau of Finance, and all relevant departments)

(90) The information disclosure of the State-owned enterprises in the Municipality is to be continuously deepened, the procedures for information disclosure are to be improved and standardized, and a category-based guidance on the information disclosure of the State-owned enterprises in the Municipality is to be strengthened. The listed corporations controlled or partially held by State-owned enterprises are encouraged to actively participate in making the rules on disclosing the environmental, social and governance (ESG) information, and enhance the level of standardization in governance and operation. (Responsible unit: the Municipal State-owned Assets Supervision and Administration Commission)

2. Strengthening the Protection of Workers' Rights and Interests

(91) The enterprises are encouraged to create harmonious labor relations, fully implement the labor contracts, collective consultation, and collective contract system, protect the workers' basic rights and interests, such as the remuneration, time off and leave entitlements, occupational health and safety, social insurance, and vocational training in accordance with law, establish a mechanism for collective negotiation and a regular increase of the workers' wages, strengthen labor protection, and improve the working conditions. (Responsible units: the Municipal Bureau of Human Resources and Social Security, the Municipal Federation of Trade Unions, the Municipal Federation of Industry and Commerce, and the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration))

(92) The supervision by the trade unions of the implementation of the labor laws is to be strengthened and a guidance on harmonious labor relations and check-ups on the rule of law in labor employment are to be developed. (Responsible unit: the Municipal Federation of Trade Unions)

(93) In accordance with the relevant laws, rules and regulations, and with reference to the International Labor Organization Convention on Labor Inspection in Industry and Commerce and the other relevant requirements, labor security inspectors are to be provided in the Shanghai Pilot Free Trade Zone to advance intelligent supervision. The enforcement of the labor security supervision is to be enhanced in accordance with law, the category-based supervision and dynamic supervision are to be implemented, and special inspections for the protection of the rights and interests of female workers is to be conducted in due course based on the actual situation. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Human Resources and Social Security, the Municipal Federation of Trade Unions, and the Municipal Women's Federation)

(94) Under the guidance of the national authority of human resources and social security, the training of international workers is to be developed to strengthen the building of the talent teams. (Responsible units: the Municipal Bureau of Human Resources and Social Security, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(95) The local rules, governmental regulations, and administrative normative documents applicable to Shanghai Pilot Free Trade Zone are to be evaluated and checked up, and the level of protection to the workers' rights and interests may not be lowered for the purpose of promoting trade or investment. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, the Municipal Bureau of Justice, General Office of the Municipal People's Government, and the Municipal Bureau of Human Resources and Social Security)

(96) A tripartite mechanism for coordinating labor relations is to be improved, and it will routinely accept comments from the workers, the trade unions, and the enterprises, process and accept written comments from the members of the public in the relevant areas, deliberate on the public opinions, and disclose the results of such deliberations when appropriate. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Bureau of Human Resources and Social Security, the Municipal Federation of Trade Unions, and the Municipal Federation of Industry and Commerce)

(97) The service stations such as the grassroots labor relation service stations and the employee legal aid stations are to be cultivated and the social forces are to be encouraged and supported to participate in the consultation and mediation of labor disputes, so as to further improve the system of mediation of labor disputes. (Responsible units: the Municipal Bureau of Human Resources and Social Security, the Municipal Federation of Trade Unions, the Municipal Federation of Industry and Commerce, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

3. Strengthening Environmental Protection

(98) Under the guidance of the Ministry of Ecology and Environment, the introduction of the biodiversity protection policies is to be promoted to effectively strengthen the protection and sustainable use of biodiversity in Shanghai Pilot Free Trade Zone. (Responsible units: the Municipal Bureau of Ecology and Environment, and the Municipal Bureau of Ecology and Environment)

(99) Under the guidance of the national authority of ecological and environmental protection, the establishment of a national carbon emissions trading organization is to be accelerated. The international cooperation, experience sharing, and capacity building in the field of green and low carbon are to be developed. (Responsible units: the Municipal Bureau of Ecology and Environment, the Municipal State-owned Assets Supervision and Administration Commission, the Financial Commission of the CPC Shanghai Municipal Committee, the Municipal Development and Reform Commission, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(100) The enterprises in Lin-gang Special Area are allowed to carry out high-low sulfur fuel oil mixing and blending business for ship supply in the Shanghai Customs Area by means of processing trade or bonded logistics, and the qualified storage facilities can have the functions of both a supervised export warehouse and a bonded warehouse. (Responsible units: Lin-gang Special Area Administration, Shanghai Customs District, and the Municipal Commission of Commerce)

(101) The core technology research on and the construction of a standard system of the hydrogen energy in Lin-gang Special Area are to be accelerated and production and refueling integrated hydrogen stations are to be built to carry out small-scale wind power hydrogen production on mudflats and improve the high-pressure hydrogen storage system. (Responsible units: Lin-gang Special Area Administration, the Municipal Development and Reform Commission, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Administration for Market Regulation, the Municipal Bureau of Emergency Management, and the Municipal Commission of Economy and Informatization)

(102) Under the guidance of the relevant national authorities, the establishment of certification institutions is to be promoted which will carry out certification for the green and ecological products, and the adoption of the certification results of the green, ecological, carbon footprint, carbon neutrality, and the other products is to be strengthened to guide the enterprises to conduct certification. A system of supervision of the whole-process of trading and circulation of ecological products is to be improved and a mechanism for tracing the certified products is to be established. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), the Municipal Landscaping and City Appearance Administrative Bureau, and the Municipal Administration for Market Regulation)

(103) The regulation on the summer moratorium of marine fishing is to be strengthened, the summer moratorium and the quota fishing systems are to be strictly implemented, and the total engine power and the number of fishing vessels are to be further reduced to prevent overfishing. Law enforcement crackdowns are to be strengthened and the routine and comprehensive law enforcement are to be combined to enhance the effectiveness of law enforcement and effectively promote the sustainable development of fishery resources. (Responsible unit: the Municipal Bureau of Ecology and Environment)

(104) The importation and exportation of the eco-friendly products and services are    encouraged. The importation and exportation of environmentally-friendly products, new energy, and the other green and low carbon products are to be promoted, and the cooperation of technology and services in the fields of energy conservation, environmental protection, and clean energy is to be deepened. (Responsible units: the Municipal Commission of Commerce, the Municipal Bureau of Ecology and Environment, and the Municipal Commission of Economy and Informatization)

(105)The development of green finance is supported, and the innovation of the green financial products and services, such as green credit, green bills, green bonds, and green insurance, is encouraged. The ESG-themed products are to be developed to promote the innovation of green products' derivatives so as to accelerate the building of an international green financial hub in Shanghai. (Responsible units: the Financial Commission of the CPC Shanghai Municipal Committee, the People's Bank of China Shanghai Head Office, China Securities Regulatory Bureau Shanghai Office, the National Financial Regulatory Administration Shanghai Office, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(106) When formulating the local rules and regulations applicable only to Shanghai Pilot Free Trade Zone, the drafts, explanations, and the other related subjects shall be open to the public for comments for a period generally not less than 60 days, and it is encouraged to concurrently provide translations in foreign languages of the important documents for reference. (Responsible units: Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, the Municipal Bureau of Justice, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

VIII. Strengthening the Risk Prevention and Control System

(107) A risk assessment mechanism is to be improved. The progresses of the experiments are to be timely tracked and any new situation or new problem incurred in the course of the experiments is to be analyzed and assessed, and reported to the relevant national authorities in a timely manner. (Responsible unit: all relevant departments)

(108) A risk early-warning system is to be built. The efficiency of supervision is to be enhanced with the support of new technology, the big data analysis technology is to be adopted to judge and identify the risks, and the supervision is to be conducted based on different categories according to the degree of the risk. Coordination, guidance, and assessment are to be strengthened and the screening, dynamic monitoring, and real-time early-warning of the risks are to be strengthened. (Responsible units: all relevant departments)

(109) The financial risk prevention and control is to be strengthened. A financial risk prevention and control mechanism is to be advanced and a risk monitoring and assessment framework is to be improved to strengthen the monitoring and prevention of the relevant risks. An inclusive and prudent regulatory model compatible with the international financial system is to be explored to protect the lawful rights of the financial consumers, promote the sound operation of the financial institutions, and guarantee the stable operation of the financial system. An information sharing platform is to be improved to carry out financial regulatory information sharing, regulatory collaboration, and cooperation in cross-border management of risks in accordance with laws, rules and regulations. The collection, monitoring, and application of the data of cross-border income and expenditure are to be strengthened. (Responsible units: the People's Bank of China Shanghai Head Office, the State Administration of Foreign Exchange Shanghai Branch, the National Financial Regulatory Administration Shanghai Office, China Securities Regulatory Bureau Shanghai Office, and the Financial Commission of the CPC Shanghai Municipal Committee)

(110) The mutual recognition and cooperation in supervision is to be strengthened. The reports of the regulatory bodies of the other countries are to be adopted in accordance with the requirements and unified arrangements of the relevant national authorities and a mechanism of mutual recognition of the regulatory reports is to be researched and launched to perform data exchange, mutual recognition of the results, coordination in work, and mutual assistance in law enforcement. (Responsible units: all relevant departments)

(111) Security review is to be strengthened. The negative list for foreign investment access is to be well implemented, and the mechanisms such as that of security review of foreign investment are to be well exploited. A comprehensive inspection on the network security is to be strengthened and the responsibilities for protection of the critical information infrastructure are to be implemented. Information disclosure is to be done in accordance with laws, rules and regulations, and the procedures for disclosing the important information are to be further standardized. (Responsible units: the Municipal Development and Reform Commission, the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, the Municipal Data Administration, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(112) A whole-process supervision is to be promoted. The regulatory rules are to be improved, the regulatory methods are to be innovated, the supervision of the market, quality, security, network, and the like is to be advanced as a whole, a coordinated supervision is to be strengthened, and a regulatory system with clear powers and responsibilities, fairness, impartiality, openness, transparency, simplicity and efficiency is to be advanced. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Administration for Market Regulation, the Office of the Cyberspace Affairs Commission of the CPC Shanghai Municipal Committee, the Municipal Bureau of Emergency Management, and all relevant departments)

IX. The Guarantee Measures

(113) The organizational leadership is to be strengthened. Under the leadership of the Leading Group for the Promotion of China (Shanghai) Pilot Free Trade Zone, the Municipal Commission of Commerce plays a coordinating role and promotes the efficient inter-departmental synergy. Regarding the measures within the responsibilities of the local authority, the relevant departments of this Municipality shall implement them after this Plan is issued. Regarding the measures that need to be reviewed or recorded by the relevant national authorities before they can be implemented, the relevant departments of this Municipality and the units of the departments and other institutions of the Central People's Government dispatched in Shanghai shall strengthen the communication with the relevant national authorities, formulate the relevant rules and plans within a span of six months, and implement them after reporting them to the relevant national authorities for approval based on the principle of "application to be made only to the superior office of the corresponding department." Regarding the measures that require the relevant national authorities to issue specific opinions or make specific methods, rules, or programs, the Municipality shall actively cooperate with the corresponding departments to issue the relevant documents as soon as possible, and promote the implementation of the relevant measures after the documents are issued. Shanghai Pilot Free Trade Zone Administration and Lin-gang Special Area Administration shall take the main responsibility and accelerate the implementation of the various experimental measures. (Responsible units: all relevant departments, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(114) The protection through the rule of law is to be strengthened. The power of legislation for Pudong New Area is to be fully utilized to support the implementation of the provisions of the laws, administrative rules, and departmental rules in a flexible way based on the practical needs of reform and innovation. Where there is no law, rule or regulation applicable to a certain area, or the relevant provisions are unclear, it is encouraged to make experimental administrative measures on a trial basis and implement them after reporting them in accordance with the procedures. The good experience and practices from the experiments will be integrated into the local rules or governmental regulations when time is ripe. (Responsible units: all relevant departments, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, and the Municipal Bureau of Justice)

(115) The publicity and training are to be strengthened. Shanghai Pilot Free Trade Zone Administration, Lin-gang Special Area Administration, and all relevant departments of the Municipality shall, through the various policy briefings, the "Shanghai Enterprise Service Cloud," and the "service packages" for the key enterprises, and through the other means, take the initiative to promote publicity and provide consultation on the policies for the enterprises, so as to help them make full use of and effectively enjoy the benefit from the experimental policies. (Responsible units: all relevant departments, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration) and Lin-gang Special Area Administration)

(116) The building of talent teams is to be strengthened. As needed for the key and difficult sectors to keep pace with the high-standard international trade rules, recruitment of civil servants on an appointment basis is to be open to the talents at home and abroad within the prescribed establishment limit on the number of civil servants, with the overall protection thereon strengthened and the "one post, one salary" agreement implemented. In accordance with the relevant national provisions and plans, Shanghai Pilot Free Trade Zone organizes a series of practical training programs implementing the policy of "keeping pace with the high-standard international trade rules", including conducting on-site training abroad at an appropriate time. (Responsible units: the Organization Department of the CPC Shanghai Municipal Committee, Shanghai Municipal Commission Office of Public Sectors Reform, the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), and Lin-gang Special Area Administration)

(117) The policy guarantee is to be strengthened. In accordance with the requirements of the Administrative Measures for the Use of Special Development Funds for China (Shanghai) Pilot Free Trade Zone, and the "Revenue Sharing Program" of Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone, the relevant funds shall be well and fully utilized. Financial support is to be enhanced in line with the objectives, measures and tasks set out in this Plan, and the ability of Shanghai Pilot Free Trade Zone to keep pace with the high-standard international trade rules is to be elevated to help build a national institutionalized opening-up demonstrative zone. The Shanghai Pilot Free Trade Zone Institutionalized Opening-up Innovation Award is to be established. A number of institutionalized opening-up innovative products that are the first of their kind in the State, have great influence in the industry, and are highly market-oriented will be selected, and rewards will be granted to the teams of the winning projects, and supports will be given in favor of the relevant host units or departments of these winning projects in their annual performance appraisals. (Responsible units: the People's Government of Pudong New Area (Shanghai Pilot Free Trade Zone Administration), Lin-gang Special Area Administration, the Municipal Development and Reform Commission, the Municipal Commission of Commerce, the Municipal Bureau of Finance, and the Municipal Bureau of Human Resources and Social Security)