Several Provisions of Shanghai Municipality on Promoting Standardization Innovation and Development in Pudong New Area

(July 25,2023)

[16th] No 7

(Adopted at the 4th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on July 25, 2023)

Article 1 The Several Provisions of Shanghai Municipality on Promoting Standardization Innovation and Development in Pudong New Area (“these Provisions”) are formulated based on the basic principles of relevant laws and administrative rules, and in the light of the realities of Pudong New Area (“Pudong”) to promote the standardization innovation and development, improve the international level of standards, advance openness of standards systems, and take the lead in high-quality development.

Article 2 The standardization innovation and development in Pudong shall benchmark against the highest international standards, combine the actual economic and social development situation and future trends, leverage the advantages of scientific and technological innovation and industrial agglomeration, take the lead in developing international-level standards in fields such as artificial intelligence, integrated circuits, biopharmaceuticals, civil aviation, and modern services, and institute a standardization system that is structurally sound, focused, and in line with the requirements of high-quality development.

Article 3 The Municipal People's Government shall strengthen its leadership in the work on the standardization innovation and development, establish a sound coordination mechanism, deepen collaboration with relevant national departments and coordinate major matters related to the standardization innovation and development in Pudong.

The People’s Government of Pudong New Area (“Pudong Government”) shall establish a sound working mechanism for promoting the standardization innovation and development and push forward the innovation and development of standards.

Article 4 The municipal administration of standardization is in charge of coordinating the promotion of the standardization innovation and development in this municipality, and relies on the national-municipal cooperation and coordination mechanism on standardization to advance the standardization innovation and development in Pudong.

The Pudong’s administration of standardization is specifically tasked with promoting and implementing the initiatives for standardization innovation and development within its administrative area.

The municipal and Pudong’s departments of development and reform, economy and information technology, commerce, education, science and technology, agriculture and rural affairs, human resources and social security, local financial regulatory authorities, state-owned assets management, intellectual property, and others shall, within their respective responsibilities, jointly promote standardization innovation and development in Pudong.

Article 5 The Pudong’s administration of standardization and the departments in charge of technology and economy, commerce and agriculture and rural affairs shall guide social organizations, enterprises, and research institutions to participate in the research and formulation of national standards, industry standards, local standards, and international standards,  encourage the adoption of advanced domestic and international standards and promote the overseas application of relevant standards of this Municipality; the publication of group standards and enterprise standards in foreign languages is encouraged.

Pudong Government shall provide services and guarantees for foreign-invested enterprises to equally and legally participate in formulating standards.

Article 6 Pudong Government shall establish a coordinated mechanism among the administration of standardization, departments of technology and economy, and relevant competent industrial authorities, promote the integration of industrial chain, innovation chain, supply chain and standardization chain, and guide research institutions, colleges and universities, enterprises and others in synchronizing the layout, development, and application of standards and regard standards as important outputs of scientific and technological plans during scientific and technological innovation and the implementation of industrial projects to achieve effective connection and interaction among science, standards, and industries.

Article 7 The enterprises, research institutions, colleges and universities, financial infrastructure operators, technical organizations in standardization and other entities in Pudong may form collaborative partnerships among themselves or with domestic or foreign enterprises or organizations to establish standards innovation consortiums to jointly develop enterprise consortium standards. The enterprise consortium standards fall under the category of enterprise standards.

The enterprise consortium standards that exceed the recommended standards and reflect leadership in terms of technical requirements are encouraged, and the enterprise consortium standards that with international level are encouraged.

The parties forming standards innovation consortiums may determine matters such as the formulation, ownership, and implementation of enterprise consortium standards through negotiation.

Article 8 The enterprise consortium standards shall be published with a designated identifier.

The identifier of enterprise consortium standards consists of the enterprise standards code (Q) or the consortium standards code (LH), the consortium’s identifier, a sequential number and the year identifier. The consortium’s identifier may be composed of Chinese Pinyin letters, Arabic numerals or a combination of both.

The enterprise consortium standards may be published under the name of the consortium.

Article 9 The enterprise consortium standards are voluntarily implemented by the parties forming the consortium or adopted voluntarily by other domestic and foreign enterprises or organizations according to agreements.

The parties forming the consortium are encouraged to implement the enterprise consortium standards. Enterprises or organizations that implement the enterprise consortium standards shall publicly disclose the identifier and name of the standards, functional indicators of products or services and performance indicators of products. Enterprises or organizations are encouraged to make self-declaration through the public service platform for enterprise standards information.

Where the products manufactured or services provided by the enterprises or organizations that implement the enterprise consortium standards do not conform with the technical requirements of their self-declared standards, such enterprises or organizations shall bear civil liability in accordance with the law.

Article 10 The documents of enterprise consortium standards may use “Shanghai Standards” logo after submitting of application and meeting the requirements of being both internationally and domestically advanced upon the assessment of third party agencies that meet the statutory requirements.

The enterprise consortium standards shall not be allowed to set unreasonable technical trade barriers or engage in practices that hinder the free circulation of goods and services, excluding or restricting market competition.

Article 11 The municipal and Pudong’s administrations of standardization shall guide and oversee the formulation of enterprise consortium standards, and carry out inspection over the standards implementation.

Where the technical requirements of the enterprise consortium standards are lower than those of the national mandatory standards, the municipal or Pudong’s department of standardization shall order to make corrections in a designated period; if the corrections fail, the municipal administration of standardization shall abolish the standards and announce it in the public service platform for enterprise standards information.

Where the enterprise consortium standards are not numbered with an identifier according to these Provisions, the municipal or Pudong’s administration of standardization shall order to make corrections in a designated period; if the corrections fail, the municipal administration of standardization shall revoke the identifier and announce it in the public service platform for enterprise standards information.

Where the enterprises or organizations that implement the enterprise consortium standards do not publicize such standards according to law, the municipal or Pudong’s administration of standardization shall order to make corrections in a designated period; if the corrections fail, such failure shall be announced in the public service platform for enterprise standards information.

The acts that take advantage of the enterprise consortium standards to exclude or restrict market competition including hindering the free circulation of goods and services shall be handled in accordance with the provisions of Anti-Monopoly Law of the People's Republic of China and other laws and administrative regulations.

Article 12 Pudong Government may develop technical guidance documents on standardization around urban digital transformation, basic public services, social governance and other aspects to establish management models with regional characteristics.

The municipal administration of standardization shall provide guidance on Pudong’s technical guidance documents on standardization in collaboration with relevant municipal administrations, and promote wider adoption of such documents if their effects are significant and the conditions are mature.

Article 13 Pudong Government shall support the social organizations, enterprises and scientific research institutions in Pudong to establish a digital standards platform or utilize the municipal standardization service platform to transform relevant standards into machine-readable and interpretable data and improve the synergy and convenience of standards implementation and product quality management.

Article 14 Pudong Government encourages technology, intellectual property and other agencies to provide registration, evaluation, matchmaking, settlement and other services for transactions related to standards. The agencies shall develop and publicize transaction rules and other relevant business rules.

Article 15 The financial institutions are encouraged to explore the standards-based financing and credit services in Pudong, which includes incorporating the formulation and implementation of standards into the credit assessment for corporate financing to enhance financing capacity and convenience for enterprises.

Article 16 The municipal administration of standardization shall encourage and support social organizations, enterprises, scientific research institutions and the like to strengthen their connection and communication with relevant international standardization organizations and play a bigger role in international exchanges and cooperation in standardization. The standardization organizations in key areas including integrated circuit, biomedicine and artificial intelligence are supported to station in Pudong.

Pudong Government shall encourage the technical committee, sub-technical committee and working groups of the International Organization for Standardization, and the branches and agencies of international professional standardization organizations to station in Pudong and give support accordingly.

When the international conferences on standardization and the like are held in Pudong, the relevant municipal and Pudong’s departments shall give support for information communication and personnel exchanges convenience.

Article 17 The municipal administration of standardization and the competent industrial authorities of economy and information technology, commerce, technology, and agriculture and rural affairs shall support Pudong to focus on key areas and sectors to develop relevant standardization organizations for organizing and managing the research, formulation and promotion of international and domestic standards.

Article 18 A multi-tiered talent system in standardization shall be established in Pudong. The municipal and Pudong’s governments and relevant departments shall support Pudong in training international standardization talents through various means, carry out international standardization education, training, and practical activities; encourage researchers to enhance their skills and professional knowledge; promote the establishment of standardization disciplines or the offering of standardization-related courses in educational and research institutions in relevant fields; and optimize and improve the incentive mechanisms for standardization talents in vocational competence assessment and professional title evaluation.

Pudong Government shall include international standardization experts in the scope of district-level talent policy; provide convenient services related to residence permits, entry and exit, work permits, household registration, and accommodation for eligible international standardization experts and their teams, support their relevant innovation, entrepreneurial projects and initiatives; and leverage the resources of standardization experts to conduct training and guidance for standardization, and establish a platform for exchanging ideas and experience in standardization.

Article 19 The Pudong New Area Special Funds for Standardization shall provide subsidies or rewards, as required, to organizations involved in standardization innovation and development in Pudong.

Social entities are encouraged to support the standardization innovation and development through the establishment of funds, donations, equity investments, and other means.

Article 20 These Provisions shall be effective as of October 14, 2023.