Several Provisions of Shanghai Municipality on Promoting the Application of Blockchain-empowered Electronic Documents in Pudong New Area

Shanghai Municipal Bureau of Justice

Several Provisions of Shanghai Municipality on Promoting the Application of Blockchain-empowered Electronic Documents in Pudong New Area

(Adopted at the 18th Session of the 16th Shanghai Municipal People's Congress Standing Committee on December 31, 2024)

Article 1 The Several Provisions of Shanghai Municipality on Promoting the Application of Blockchain-empowered Electronic Documents in the Pudong New Area (these "Provisions") are formulated to better leverage the advantages of blockchain technology, promote the credible, convenient, and secure application of electronic documents, foster a blockchain innovation and application ecosystem in the Pudong New Area, accelerate the development of the Shanghai Five-hub strategy, and align with high-standard international economic and trade rules, pursuant to the basic principles of applicable laws and administrative regulations, and in light of the actual circumstances in the Pudong New Area.

Article 2 These Provisions shall apply to the issuance, transfer, modification, conversion, and storage of electronic documents empowered by blockchain technology (hereinafter referred to as "blockchain-empowered electronic document applications") and related management and service activities within the administrative area of the Pudong New Area.

The term "electronic documents" in these Provisions refers to documents and certificates (excluding investment instruments and certificates) expressed in the form of electronic data messages.

Article 3 The Municipal People's Government shall improve the coordination mechanism for blockchain-empowered electronic document applications, deepen collaboration with relevant national departments, and coordinate major related matters.

The Pudong New Area People's Government shall implement relevant national and municipal policies by formulating supporting measures, so as to promote work related to blockchain-empowered electronic document applications.

Article 4 The Municipal Data Authority shall be responsible for guiding the construction of blockchain infrastructure and supporting blockchain-empowered electronic document applications. The Pudong New Area Data Authority shall be responsible for specifically promoting blockchain-empowered electronic document applications within its administrative area.

The Municipal Cybersecurity Administration and the Pudong New Area Cybersecurity Administration shall be responsible for the regulation of network and data security of blockchain infrastructure.

The Municipal and the Pudong New Area Transportation, Commerce, Financial Regulation, and Public Security departments shall, in accordance with their respective responsibilities, promote blockchain-empowered electronic document applications.

Article 5 This Municipality shall, in accordance with the law, protect the legitimate rights and interests of natural persons, legal persons, and unincorporated organizations in the issuance, transfer, modification, conversion, and storage of electronic documents.

Article 6 This Municipality encourages the construction of open and scalable blockchain infrastructure based on open-source blockchain underlying technology to achieve data privacy protection, credible circulation, and shared use.

Blockchain infrastructure shall comply with national standards, be designed, graded, constructed, and managed in accordance with the requirements of the national cybersecurity level protection system, and fulfill filing procedures in accordance with relevant national regulations on blockchain information service management.

Article 7 Where blockchain infrastructure supports the lawful transfer of electronic documents, it shall possess the relevant service functions to ensure that electronic documents, from the time of their generation until they cease to have any effect or their validity period expires, meet the following requirements:

(1) Unique and identifiable;

(2) Containing legally required information;

(3) Complete and untampered with; 

(4) And under lawful exclusive control, and the controller is identifiable.

Article 8 Where blockchain infrastructure supports the lawful modification of electronic documents, it shall possess the relevant service functions to ensure that modification information can be accurately recorded and identified.

Article 9 Where blockchain infrastructure supports the conversion between electronic and paper documents, it shall possess the relevant service functions to ensure the consistency of information before and after the conversion.

Article 10 This Municipality promotes the management and shared use of electronic documents generated by relevant departments in the performance of their duties by relying on blockchain infrastructure.

Article 11 This Municipality supports and encourages business entities in trade, shipping, finance, and other sectors to utilize blockchain infrastructure, legally apply electronic documents, and enhance the level of digital development in related industries.

Article 12 This Municipality supports the construction of data notarization platforms built upon blockchain infrastructure, guiding such platforms to provide services such as storage, retrieval, and verification for electronic document applications.

This Municipality supports data notarization platforms in providing services to judicial organs such as people's courts, relevant departments, and notary, arbitration, mediation, and financial institutions to facilitate dispute resolution, financial services, etc.

Article 13 This Municipality supports the integration of the digital RMB system into blockchain infrastructure and promotes the use of digital RMB in application scenarios such as electronic document notarization, pricing, payment, settlement, and investment and financing.

Article 14 Enterprises, scientific research institutions, universities, and standardization technical organizations in the Pudong New Area may jointly formulate consortium standards for blockchain-empowered electronic document applications, either among themselves or in collaboration with other enterprises and organizations.

Article 15 This Municipality supports the Pudong New Area in exploring the establishment of a lawful, secure, and convenient cross-border data flow mechanism to promote and safeguard blockchain-empowered electronic document applications.

Article 16 The Pudong New Area shall adopt methods such as optimizing management and services to promote business entities in exploring the integrated application of electronic documents with other data, subject to compliance with laws and regulations regarding data security, personal information protection, and trade secret protection, and cultivate and develop new business forms and models.

Article 17 These Provisions shall apply mutatis mutandis to blockchain-empowered electronic document applications and related management and service activities carried out within the Lin-gang Special Area of the China (Shanghai) Pilot Free Trade Zone (outside the administrative area of the Pudong New Area).

Article 18 These Provisions shall take effect from January 1, 2025.

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