Regulations of Shanghai Municipality on Patriotic Health and Health Promotion

(Adopted at the 6th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on September 26, 2023)

Chapter I  General Provisions

Article 1

With a view to inheriting and carrying forward the fine traditions of the patriotic health campaign, practicing the important concept of the "people's city", promoting the healthy Shanghai construction, popularizing the civilized and healthy lifestyles, and improving the health level of the citizens, these Regulations are formulated in accordance with the relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations shall apply to the the patriotic health and health promotion work such as improving the hygiene environments, guiding healthy lifestyles, and providing health services, as well as the relative guarantee and supervision activities within the administrative areas of this Municipality.

Article 3

This Municipality shall persist in focusing on the people's health, placing the people's health on our development agenda as a strategic priority, integrating the health concepts into various policies, and constructing a pattern of big health and big health governance. We shall adhere to prevention first, improve the system of government leadership, departmental collaboration, and social mobilization, promote the patriotic health and health promotion work, and improve the health level of the citizens throughout their entire life cycle.

Article 4

The municipal and district people's governments shall strengthen their leadership over the the patriotic health and health promotion work in their respective administrative areas, incorporate it into the national economy and social development plans, formulate and improve the relevant policies and measures, and organize the implementation of the the patriotic health and health promotion work.

The municipal and district people's governments shall establish the Patriotic Health Campaign Committees and their administrative agencies in accordance with the relevant national and municipal provisions. The Patriotic Health Campaign Committees shall be responsible for the overall planning and deployment, coordination and promotion of the the patriotic health and health promotion work within their administrative areas, and the research and decision of the relevant major issues.

The town/township people’s governments and sub-district offices shall be responsible for the implementation of the the patriotic health and health promotion work within their jurisdictions.

Article 5

The municipal health department shall be responsible for organizing the formulation and implementation of the patriotic health and health promotion related programs, plans, standards, norms, etc. in this Municipality, and carrying out the relevant supervision and management work in accordance with the law.

The district health departments shall be responsible for organizing and implementing the patriotic health and health promotion work within their administrative areas, and carrying out the relevant supervision and management work in accordance with the law.

The competent departments of various industries shall be responsible for guiding and supervising the relevant units and individuals in their respective industries to carry out the patriotic health and health promotion work.

The departments such as development and reform, finance, human resources and social security, economy and information technology, science and technology, and disease control shall, in accordance with their respective responsibilities, jointly carry out the the patriotic health and health promotion related work.

Article 6

The organs, organizations, enterprises, institutions, and other organizations shall establish and improve the relevant management systems, enhance their work force, and organize the promotion of the patriotic health and health promotion work in their own system and units.

Article 7

The individuals are the first responsible persons for their own health, and they shall establish and practice the concept of being responsible for their own health, take the initiative to learn the health knowledge, master health skills, cultivate good personal hygiene habits, and practice civilized and healthy lifestyles.

The individuals shall consciously abide by the citizen's health conventions, respect the health rights and interests of the others, and fulfill their obligations to maintain public health and safety in accordance with the law.

Article 8

The trade unions, Communist Youth Leagues, Women's Federations, Disabled Persons' Federations, Red Cross Societies and other mass organizations, as well as residents’ (villagers’) committees, shall organize and mobilize the relevant groups and residents to assist the government and the relevant departments in carrying out the patriotic health and health promotion related work.

The natural persons, legal persons, and unincorporated organizations shall be encouraged and supported to support and participate in the patriotic health and health promotion work via donations, funding, volunteer services, or legally established service institutions.

Article 9

During the National Patriotic Health Month in April each year, this Municipality shall intensively organize and carry out the activities related to patriotic health and health promotion.

Article 10

This Municipality shall strengthen the exchanges and cooperation with the Yangtze River Delta region and other provinces and cities in the patriotic health and health promotion work, and promote information connectivity and resource sharing.

This Municipality shall actively participate in global health governance, strengthen the international exchanges and cooperation in the field of health promotion, carry out personnel, technology and other exchange activities, and improve this Municipality's capacity and level of health governance.

Article 11

The units and individuals with outstanding contributions in the patriotic health and health promotion work shall be commended and rewarded in accordance with the relevant provisions.

Chapter II  Publicity and Education

Article 12

The people's governments at all levels and the relevant departments shall organize and carry out patriotic health and health promotion publicity and education in various forms, guide the citizens to actively participate in the patriotic health and health promotion related activities, improve the living environments, improve health literacy, and practice civilized and healthy lifestyles.

The media such as radio, television, newspapers, and the internet shall carry out the public welfare publicity for patriotic health and health promotion, and popularize the health science knowledge and create a good social atmosphere by arranging certain periods of time, spaces, or setting up special columns, channels, and other means.

Article 13

The residents’ (villagers’) committees shall assist the governments and the relevant departments in carrying out the publicity and education of the community patriotic health and health promotion, utilize the facilities such as community bulletin boards and multimedia screens to guide the residents to establish scientific health concepts and develop good health habits by setting up signs, distributing health science popularization materials, and holding health lectures, etc.

Article 14

The health departments shall incorporate the health education into the professional training contents of the medical and health personnel, implement the evaluation of the influence of health science popularization, and support the medical and health institutions and the medical and health personnel in carrying out the health education.

The medical and health institutions and personnel shall carry out health education in accordance with the law, popularize health science knowledge, and provide health education to the patients and the public.

The medical and health institutions shall establish and improve the incentive mechanisms for the medical and health personnel to carry out health education, and include the relevant information in the assessment and appointment of the relevant professional titles.

Article 15

The education departments shall incorporate the health education into the national education system, include the prevention of common and infectious diseases, healthy lifestyles, and injury prevention abilities into the comprehensive quality evaluation of the primary and secondary school students, and include the physical health level of the students in the school assessment system.

The kindergartens and primary and secondary schools shall implement health education in accordance with the provisions, strengthen education on healthy diet, scientific exercise, myopia prevention, injury prevention, and mental health, carry out regular physical fitness activities, enhance the students' active health awareness, cultivate good hygiene habits and healthy behavior habits, guide the students to use electronic products scientifically and reasonably, reduce and improve the students' unhealthy conditions such as myopia and obesity, etc. The health education in primary and secondary schools shall not be less than four class hours per semester.

Article 16

The health departments shall, jointly with the departments such as science and technology, education, sports, market regulation, drug supervision, civil affairs, and economy and information technology , establish a system for releasing the core information on health knowledge and skills, establish a database of the experts and resources of health science popularization, and provide the scientific and accurate health information to the citizens.

The health departments shall establish a health information monitoring mechanism jointly with the relevant departments, and upon discovering false or pseudoscientific information that mislead or may affect the health of the citizens, measures shall be taken in accordance with the law, and scientific and accurate information shall be promptly released.

Chapter III  Improvement of Sanitary Environment

Article 17

The people's governments at all levels and the relevant departments shall strengthen the construction of the public health and environmental infrastructure, incorporate the improvement of the hygiene environments into the urban renewal work, promote the improvement of the urban and rural environmental hygiene, and continuously improve the quality of the hygiene environments.

The people's governments at all levels shall incorporate the optimization and improvement of the rural hygiene environment into the comprehensive implementation of the rural revitalization strategy, promote the classification and reduction of the domestic waste, centralized treatment of the domestic sewage, and the renovation and improvement of the rural toilets, so as to improve the village appearances, and build the beautiful countryside.

Article 18

The organs, organizations, enterprises, institutions, and other organizations shall establish and improve their own hygiene management systems, implement their environmental hygiene management responsibilities, organize their employees to carry out regular environmental hygiene and cleaning, and maintain the cleanliness and tidiness of their units’ environments.

The residents' (villagers’) committees shall organize and mobilize the residents to carry out regular environmental hygiene and cleaning, and guide them to consciously abide by the behavioral norms such as household waste classification, civilized pet keeping, and corridor cleaning by formulating the residents' conventions and village regulations, in order to maintain clean and hygienic community environments.

We shall advocate the participation of the whole society in the patriotic voluntary health labor.

Article 19

The organs, organizations, enterprises, institutions, and other organizations shall establish a day-to-day system for the prevention and control of the vectors, and shall take effective measures on their own or by entrusting the institutions specialized in the vector prevention and control services (hereinafter referred to as vector prevention and control service institutions) to control the density of the vectors, eliminate the breeding environments of the vectors, and prevent the breeding, reproduction, and spread of the vectors, so as to avoid and reduce the occurrence of the vector biological hazards.

The managers or operators of the key places such as schools, kindergartens, elderly care service institutions, construction sites, transportation sites, tourist attractions, parks and green spaces, farmers' markets, shopping malls and supermarkets, commercial buildings, food production and operation units, grain storage facilities, garbage treatment facilities, etc. shall designate the dedicated personnel responsible for the vector prevention and control work, set up vector prevention and control facilities and equipment, and implement the responsibilities for the vector prevention and control.

The town/township people’s governments and sub-district offices shall be responsible for implementing the vector prevention and control measures in the residential communities and public areas within their jurisdictions, and organizing the daily and centralized vector prevention and control activities. The residents' (villagers’) committees, property service enterprises, etc. shall provide assistance and cooperation in carrying out the relevant work.

Th individuals shall do a good job in the prevention and control of the vectors in the residential buildings, maintain clean indoor and outdoor environments, and promptly remove the breeding environments for the vectors.

The health departments shall strengthen the guidance and supervision on the prevention and control of the vectors, improve the relevant standards and norms, and carry out the daily publicity.

Article 20

The health departments shall organize the formulation and improvement of the emergency plans for vector prevention and control, establish emergency response teams, reserve emergency response materials, regularly carry out emergency drills, and timely initiate emergency plans and carry out emergency response based on the monitoring and early warning situations.

The disease prevention and control institutions at all levels shall be responsible for conducting the vector research and monitoring early warning work, establishing and improving the vector monitoring networks, reporting the monitoring and warning information to the health departments in a timely manner, and evaluating the effectiveness of the vector prevention and control.

Article 21

In the prevention and control of the vectors, the drugs and instruments conforming to the relevant national and municipal provisions shall be used. The use of prohibited drugs or counterfeit instruments such as acute and highly toxic drugs shall be prohibited so as to reduce the impact on human health and the natural environments.

The departments such as agriculture and rural areas shall strengthen the management of drug production and operation activities related to vector prevention and control in accordance with the law.

The people's governments at all levels shall guide and support the scientific and technological research related to vector prevention and control, encourage the transformation of scientific and technological achievements, and encourage the development of safe, green, and environmentally friendly drugs and the use of new technologies.

Article 22

The vector prevention and control service institutions shall, within 30 days after completing the registration procedures with the relevant registration and management authorities in accordance with the law, file records with the local district health departments. The district health departments shall disclose the registration information of the vector prevention and control service institutions within their administrative areas to the society, and strengthen the supervision and management.

The vector prevention and control service institutions shall carry out their vector prevention and control activities in accordance with the relevant national and municipal standards and norms, and their employees shall possess the knowledge and skills related to vector prevention and control.

The industry organizations related to vector prevention and control shall strengthen the industry self-discipline, formulate and implement the relevant industry standards, and carry out professional training, service quality evaluation, and grade assessment in accordance with the law.

Article 23

The district and town/township people's governments shall make the improvement of the hygiene environments an important part of the grassroots governance, carry out the creation of hygiene towns in accordance with the relevant national standards, establish and improve the long-term management and incentive guarantee mechanisms, consolidate and increase the achievements of health town creation, and improve the overall standards of the urban and rural hygiene environments.

Chapter IV  Healthy Lifestyle

Article 24

This Municipality shall promote the construction of the supportive environments for healthy living, guide the citizens to practice civilized and healthy lifestyles such as reasonable diet, scientific sports, smoking cessation and alcohol restriction, and mental health.

We shall promote the scientific and rational use of the electronic products by the public so as to reduce the impact of the excessive use of electronic products on health.

Article 25

The public shall be encouraged to have scientific and rational diets with balanced nutrition and develop the healthy dietary habits.

The whole society shall be encouraged to participate in the healthy dietary actions such as reducing the use of salt, oil, and sugar, and the use of limited salt spoons, oil control kettles, and the other utensils shall be promoted.

The food producers shall be encouraged to produce low salt, low fat, and low sugar foods, and mark them with distinctive labels on their packaging. The food operators shall be encouraged to open low salt, low fat, and low sugar food counters. The catering service providers shall be encouraged to develop and provide low-salt, low-fat, low-sugar and other healthy foods, and label the calories and main nutritional components of the food.

Article 26

The sellers of sugary and alcoholic beverages shall be encouraged to set up health warning signs in the sales areas of the relevant products in a standardized manner. The scopes of sugary and alcoholic beverages, as well as the production styles and setting specifications of the health warning signs, shall be formulated by the municipal health department and announced to the public.

Article 27

The student meal delivery enterprises, primary and secondary schools, childcare institutions, and kindergartens shall be equipped with nutrition staff in accordance with the provisions, and provide the food that shall meet the nutritional meal standards for the primary and secondary students and infants.

The nutritional meal standards for the primary and secondary school students, infants and young children shall be formulated by the municipal health department jointly with the municipal education, market regulation and other departments.

Article 28

The sports departments shall strengthen the service and guidance of the citizens' sports and fitness activities, promote scientific, civilized, and healthy sports and fitness projects and methods, organize various forms of mass sports and fitness activities, implement sports exercise standards, carry out physical fitness monitoring, guide and encourage the citizens to participate in sports regularly.

The public sports venues shall be open to the citizens in accordance with the provisions, and the enterprises and institutions shall be encouraged to open sports and fitness facilities to the citizens.

Article 29

The people's governments at all levels and the relevant departments shall, in accordance with the provisions of the relevant laws and rules, take effective measures to promote smoking control in public places and strengthen the supervision and law enforcement.

When providing diagnosis and treatment services related to diseases, the medical and health institutions and personnel shall inquire about the patients' smoking and drinking history in accordance with the diagnostic and treatment standards, and provide counseling and guidance on quitting smoking and drinking according to their wishes. The qualified medical and health institutions shall be encouraged to open smoking and alcohol cessation clinics.

Article 30

The people's governments at all levels and the relevant departments shall strengthen the construction of the social psychological service systems, improve the professional networks for mental health, establish emergency mechanisms for psychological crisis intervention and emergency psychological assistance, guide the professional institutions, social organizations, mental health related professionals, volunteers, etc. to participate in the social psychological services, strengthen the scientific popularization and publicity of mental health, and improve the awareness and prevention abilities of the whole society towards mental diseases, spread the concepts of confidence, inclusiveness, scientific rationality, and optimism, so as to promote the mental health of the citizens.

The education and health departments shall strengthen their attention to the mental health issues of the minors. The communities and schools shall be encouraged to open parent classrooms, hold lectures on family mental health guidance, and provide stratified and classified education and guidance on family mental health.

Chapter V  Health Services

Article 31

The community health service centers shall provide the health services such as screening and evaluation, health education, follow-up management, etc. to the community residents, and gradually extend to the people in the elderly care service institutions, schools, parks, commercial buildings, and the other areas to expand service coverage.

The community health service centers shall improve the family doctor contractual services, conduct health assessments for the contracted people, develop personalized health management plans for the key populations such as the elderly and chronic patients, and provide health guidance and intervention.

Article 32

The organs, organizations, enterprises, institutions, and other organizations shall establish and improve the rules and regulations for the health management of their employees, improve the health service facilities and equipment, support their employees to participate in sports and fitness activities, and improve the level of health services. The qualified units shall be encouraged to build fitness venues and carry out regular physical examinations for their employees.

The employers such as enterprises, institutions, and individual economic organizations shall take measures to improve the working environments and working conditions, control the occupational disease hazards, promote occupational safety and health education, and strengthen the occupational health protection.

The schools, kindergartens, elderly care service institutions and other units shall designate the dedicated personnel responsible for the health service work, organize and carry out health inspections, cleaning and disinfection, health promotion, and the other work.

Article 33

The citizens shall be encouraged to establish health self-management groups and carry out peer health education and support activities.

The community health service centers shall provide professional guidance for the citizens' health self-management activities, and encourage the communities, units, and the others to provide necessary support for the citizens' health self-management activities.

Article 34

The people's governments at all levels shall promote the health demonstration and creation activities, encourage and support the organs, organizations, enterprises, institutions, communities, families, etc. to carry out the health demonstration and creation, improve the health service capabilities, and enhance the overall level of the social health governance.

Article 35

This Municipality shall explore the establishment of a health point reward mechanism, providing point rewards for the citizens' participation in health education, sports and fitness, and health management activities. The specific measures shall be formulated separately by the municipal health department jointly with the relevant departments.

The medical and health institutions, enterprises and institutions, and social organizations shall be encouraged to provide the point redemption services.

Article 36

This Municipality shall improve the health service system of the traditional Chinese medicine, expand the public health service projects of the traditional Chinese medicine, incorporate the appropriate technologies of the traditional Chinese medicine into the prevention and treatment of the common, frequently occurring, and chronic diseases, strengthen the promotion and dissemination of the health preservation culture of the traditional Chinese medicine, and bring into full play the role of the traditional Chinese medicine in improving the citizens' health literacy.

Article 37

This Municipality shall promote the integrated development of the health services and the health industry, improve the policies for the development of the health industry, promote the application of new technologies, products, and models in the field of health services, and provide diversified, differentiated, and personalized health services.

Chapter VI  Guarantee and Supervision

Article 38

The people's governments at all levels shall increase their investment in the patriotic health and health promotion work, include it in their financial budgets, and make overall arrangements in the basic public health service funds.

Article 39

The departments of health, education, science and technology, human resources and social security, etc. shall strengthen the construction of professional disciplines and talent teams for patriotic health and health promotion, support the higher education institutions and research institutions in offering the relevant professional courses, conducting theoretical research and practical activities, and improve the evaluation system for the relevant professional and technical titles.

Article 40

The municipal and district technical guidance institutions of patriotic health and health promotion shall be responsible for conducting the policy research, technology promotion, monitoring and evaluation related to patriotic health and health promotion, and providing the business guidance and professional services.

The town/township people’s governments and sub-district offices shall rely on the community health service centers or purchase services to provide technical support for the patriotic health and health promotion work within their jurisdictions.

Article 41

This Municipality shall rely on the urban operation platform of Integrated Online Management and the government service platform of Government Online-Offine Shanghai to build a comprehensive management system for patriotic health and health promotion, utilize the modern information technologies such as big data, cloud computing, and artificial intelligence to achieve the interconnection of the basic data related to patriotic health and health promotion and the opening of their professional applications, and to promote the construction of the digital health communities, health parks, and health urban areas, and enhance the level of the digital governance of patriotic health and health promotion.

The relevant departments shall protect the security of data information in accordance with the laws and rules on the protection of the personal information, trade secrets, and social public interests.

Article 42

When formulating and implementing the economic and social development plans, major policies, and major engineering projects, the people's governments at all levels shall organize and conduct health impact assessments based on the actual needs, and fully accept the opinions and suggestions of health impact assessments.

Article 43

The health departments shall establish and improve the monitoring systems for health behavior and health literacy, carry out the monitoring work in the areas such as nutritional status, behavioral habits, and health risk factors, and disclose the monitoring results to the public. The intervention strategies shall be developed and corresponding intervention measures shall be taken to control and eliminate the health risk factors for the weak links and key populations identified through monitoring.

Article 44

The people's governments at all levels shall include the patriotic health and health promotion work in the scope of government performance evaluation, improve the target assessment responsibility system, and supervise the relevant departments to implement the tasks related to patriotic health and health promotion.

Article 45

The health and disease control departments shall strengthen the supervision and management of the vector prevention and control, public place hygiene management, etc., handle the illegal and irregular acts in accordance with the law, and strengthen the credit supervision.

The relevant industry regulatory authorities shall supervise and inspect the implementation of the patriotic health and health promotion work by the industry, the relevant units and individuals in this field, and promptly supervise and rectify any problems found.

The health and disease control departments and the relevant industry regulatory authorities shall establish the mechanisms for information sharing and law enforcement linkage to improve the effectiveness of the supervision and law enforcement.

Chapter VII  Legal Liability

Article 46

For the acts that violate the provisions of these Regulations and for which there are already disposal provisions prescribed by laws and administrative rules, such provisions shall prevail.

Article 47

The units, in violation of the provisions of Paragraphs 1 and 2 of Article 19 of these Regulations, failing to take effective measures to control the density of vectors and eliminate the breeding environments of vectors, shall be ordered by the health departments to make corrections. Those failing to make the corrections within the time limit shall be imposed a fine of not less than 1,000 yuan but not more than 5,000 yuan.

Article 48

The vector prevention and control service institutions, in violation of the provisions of Paragraph 1 of Article 22 of these Regulations, failing to go through the formalities for the record as required, shall be ordered to make the corrections by the health departments.

The vector prevention and control service institutions, in violation of the provisions of Paragraph 2 of Article 22 of these Regulations, failing to carry out the vector prevention and control activities in accordance with the relevant technical norms of the State and this Municipality, shall be ordered to make the corrections by the health departments, and those failing to make the corrections within the time limit, shall be imposed a fine of not less than 2,000 yuan but not more than 20,000 yuan. If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed.

Article 49

The relevant departments and their staff, in violation of the provisions of these Regulations, engaging in abuse of power, neglect of duty, or engaging in malpractice for personal gain, shall be punished in accordance with the law. If a crime is constituted, they shall be prosecuted for their criminal liabilities.

Chapter VIII  Supplementary Provisions

Article 50

The term "vectors" as mentioned in these Regulations refers to the harmful organisms such as rats, mosquitoes, flies and cockroaches, etc. that can transmit pathogens from humans or other animals to humans.

Article 51

These Regulations shall be effective as of November 1, 2023.