Issue 21

Shanghai Weekly Bulletin

No. 4,November 2023

 

Shanghai Weekly Bulletin is an information service presented by the Foreign Affairs Office of Shanghai Municipal People's Government in collaboration with Wolters Kluwer to foreign-funded enterprises, foreign-related institutions as well as people from overseas living in Shanghai. Covering major national and Shanghai foreign-related news, event information, policy Q&A and interpretations in the past week, it keeps you up-to-date with the latest foreign-related policies and developments in Shanghai.

 

 

Laws and Regulations

 

【National】

 

1. China Grants Visa-free Entry to Travelers from Six Countries 

【Keyword：Visa-free】

 

The Department of Consular Affairs of the Ministry of Foreign Affairs issued on November 24, 2023 the Circular on China's Trial Implementation of the Visa-free Policy for Six Countries. According to the Circular, China will implement a visa-free policy for ordinary passport holders from France, Germany, Italy, the Netherlands, Spain and Malaysia on a trial basis. From December 1, 2023 to November 30, 2024, holders of ordinary passports from the above six countries can enter China without a visa for business, tourism, family visit and transit purposes and stay for up to 15 days.

 

Source: Consular Express

 

2. GAC Consults Public on the Draft Measures for Administrative Reconsideration of Customs Behaviors  

【Keyword：Customs; Administrative Reconsideration】

 

The General Administration of Customs (GAC) released on November 22, 2023 the Measures for Administrative Reconsideration of Behaviors of Customs of the People's Republic of China (Exposure Draft) to solicit public opinions until December 22, 2023. The Measures have 89 articles in seven chapters, which include General Provisions, Application for Administrative Reconsideration of Customs Behaviors, Acceptance of Applications for Administrative Reconsideration of Customs Behaviors, Hearing of Cases on Administrative Reconsideration of Customs Behaviors, Process of Making Decisions After Administrative Reconsideration of Customs Behaviors, Legal Liability, and Supplementary Provisions. 

 

Source: GAC

 

【Shanghai】

 

1. Shanghai to Revise the Regulation on Improving Business Environment

【Keyword：Regulation on Improving Business Environment】

 

The Standing Committee of the 16th Shanghai Municipal People's Congress voted to adopt at its eighth session on November 22, 2023 the Decision of the Standing Committee of Shanghai Municipal People's Congress on Revising the Shanghai Regulation on Improving Business Environment, which will come into force on December 1, 2023. The revised Regulation will reflect the relevant institutional design made by the lawmaker in light of the World Bank’s new business environment assessment system and Shanghai's demands for improving business environment.

 

Source: Shanghai Municipal People's Congress

 

2. Shanghai Unveils the Regulation on Advancing the Building of an International Commercial Arbitration Center

【Keyword：International Commercial Arbitration】

 

The Standing Committee of the 16th Shanghai Municipal People's Congress adopted at its eighth session on November 22, 2023 the Shanghai Regulation on Advancing the Building of an International Commercial Arbitration Center, which will come into force on December 1, 2023. 

 

Source: Shanghai Municipal People's Congress

 

3. Shanghai Adopts Several Regulations 

【Keyword：Sports Development; Land Administration Law】

 

The Standing Committee of the 16th Shanghai Municipal People's Congress voted to adopt at its eighth session on November 22, 2023 the Shanghai Municipal Measures for the Implementation of the Land Administration Law of the People's Republic of China and the Shanghai Municipal Regulation on Sports Development, both of which will come into force on January 1, 2024. 

 

Source: Shanghai Municipal People's Congress

 

4.Shanghai Supports Lin-gang Special Area in Further Expanding Special Economic Functions and Leading High-quality Development

【Keyword：Lin-gang Special Area; Expansion of Special Economic Functions】

 

The Several Opinions of the Shanghai Municipal Committee of the Communist Party of China and the Shanghai Municipal People's Government on Supporting Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone in Further Expanding Special Economic Functions and Leading High-quality Development were recently made public. A total of 29 policies were introduced in six aspects, including strengthening the special function positioning of the special area, creating a more attractive talent development environment, increasing the supply of fiscal funds, land and other factors, promoting the clustered development of cutting-edge industries, supporting the innovation-driven development of trade in services, and improving the city's basic functions.

 

Source:：Shanghai Municipal People's Government

 

5. Shanghai Vows to Boost Development of Commercial Aerospace and Create a Hub for the Space Information Industry

【Keyword：Commercial Aerospace】

 

The General Office of Shanghai Municipal People's Government recently issued the Shanghai Action Plan on Boosting Development of Commercial Aerospace and Creating a Hub for Space Information Industry (2023-2025). The Plan proposes 16 key tasks in four areas, including strengthening basic capacity building, promoting breakthroughs in core technologies, advancing large-scale and innovative demonstration applications, and creating a high-quality industrial ecosystem.

 

Source: Shanghai Municipal People's Government

 

6. Shanghai Issues Revised Several Opinions on Promoting High-quality Utilization of Land Resources 

【Keyword：Land Resources; High-quality Utilization】

 

Shanghai Municipal People's Government recently issued the revised Several Opinions on Promoting High-quality Utilization of Land Resources in Shanghai. The document proposes policy measures in six aspects, including improving the comprehensive carrying capacity of the city; confirming work of reducing the use of land for construction purposes as addition of construction land and ensuring circulation of construction land resources; innovating in land redevelopment model to promote urban renewal and sustainable development; maintaining reasonable development intensity to improve the quality of urban space; adhering to a quality-performance orientation to increase the economic density of land resources; improving the efficiency of municipal and district collaboration and optimizing business environment. 

 

Source: Shanghai Municipal People's Government

 

7. Shanghai Issues Plan to Contain Microbial Drug Resistance

【Keyword：Containment; Microbial Resistance】

 

Shanghai Municipal Health Commission, along with other nine authorities in Shanghai, recently issued the Shanghai Action Plan for Containment of Microbial Drug Resistance (2022-2025), which proposes eight tasks to improve the level of rational application of antimicrobial drugs, strengthen sci-tech research on microbial drug resistance prevention and control, and advance inter-regional exchanges and cooperation.

 

Source: Shanghai Municipal Health Commission

 

8. Shanghai Issues Measures for the Management of Sci-tech Plans and Reports 

【Keyword：Sci-tech Plans; Sci-tech Reports】

 

Shanghai Municipal Commission of Science and Technology released on November 23, 2023 the revised Shanghai Municipal Measures for the Management of Sci-tech Plans and Reports. With a total of 15 articles, the Measures will take effect from December 1, 2023 and remain effective until November 30, 2028. 

 

Source: Shanghai Municipal Commission of Science and Technology

 

9. Shanghai Deepens Reform of Environmental Impact Assessment System to Support High-quality Development of Lin-gang Special Area

【Keyword：Environmental Impact Assessment; Lin-gang Special Area】

 

Shanghai Municipal Bureau of Ecology and Environment recently issued the Several Guidelines on Deepening Reform of Environmental Impact Assessment System to Support High-quality Development of Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone. The document puts forward 11 supporting policies in five aspects, including optimizing regional access control, providing special support for the development of key industries, improving the efficiency of project environmental assessment, supporting green and low-carbon development, and strengthening comprehensive services and supervision.

 

Source: Shanghai Municipal Bureau of Ecology and Environment

 

 

One Week in Shanghai

 

【Forum & Exhibition】

 

1. 2023 Shanghai International Cross-border E-commerce Expo to Be Held

【Keyword：cross-border E-commerce】

 

The 2023 Shanghai International Cross-border E-commerce Industry Belt Expo is set to be held at the National Convention and Exhibition Center in Shanghai from December 15 to 17. The expo aims to integrate government, sector, enterprises, industry, academia, research, capital, services, and media to create a closed-loop ecosystem of services, facilitating the growth of cross-border entities and establishing a comprehensive, efficient, and high-capacity cross-border e-commerce platform for all types of commerce and trade.

 

Source: China Association of Trade in Services

 

【Culture & Art】

 

1. "Mei Lanfang in Shanghai" Special Exhibition Open to Public

【Keyword：Mei Lanfang】

 

The special exhibition of "Plum Blossoms in the East - Mei Lanfang in Shanghai" opened at the Shanghai History Museum on November 20, 2023. The exhibition brings together a total of 191 pieces (groups) of exhibits from Beijing and Shanghai related to Shanghai and Mei Lanfang, 82 of which are presented for the first time. The exhibition will last until February 25, 2024.

 

Source: Shanghai Tourism

 

2. Art Exhibitions on the 19th Century in France and Establishment of Diplomatic Relations Between China and France Open in Shanghai

【Keyword：Beauty of Harmony】

 

On November 16, "the Beauty of Harmony - Glorious Art Exhibition of the 19th Century in France and Series of Special Art Exhibitions Commemorating the 60th Anniversary of the Establishment of Diplomatic Relations Between China and France" opened in Shanghai, featuring 150 French neoclassical-style sculptures, paintings, ceramics and furniture. The precious collections from the 19th to the early 20th century are on display for the first time, recreating the scene of the glorious French art era in the 19th century. The exhibition will last until December 31, 2023.

 

Source: Shanghai Federation of Returned Overseas Chinese

 

【Corporate Activities】

 

1. Second Phase of Michelin Shanghai Factory Expansion Project Breaks Ground 

【Keyword：Michelin】

 

The second phase of Michelin Shanghai factory expansion project recently broke ground in Minhang Development Zone. The first stage of the project covers an area of more than 70,000 square meters and will be developed into a super flexible, green and intelligent factory of the future. The first stage will be completed by the end of 2026, by which the factory's annual production capacity of high-performance radial passenger tires will be increased from 8.5 million to 9.5 million.

 

Source: Minhang Today

 

【Training】

 

1. Lecture Series "Carbon Emissions Trading Policy Seminar" on Dual-carbon Capacity Building for Foreign-funded Enterprises

【Keyword：Carbon Emission Rights】

 

In order to help foreign-funded enterprises have a better understanding of China's dual-carbon policy and promote their sustainable development in Shanghai, the Green and Low-carbon Development Branch of the Shanghai Foreign Investment Association plans to launch eight lectures themed on "Dual-carbon Capacity Building for Foreign-funded Enterprises". The second lecture "Carbon Emissions Trading Policy Seminar" will be held on December 5, 2023.

 

Source: Shanghai Foreign Investment Association

 

 

Q&A

 

Q1: Officials of the Ministry of Justice take questions from journalists at a press conference held by the State Council Information Office - This year marks the 10th anniversary of the "Belt and Road" initiative. What measures has the Ministry of Justice taken to serve and guarantee the "Belt and Road" cooperation? What results have been achieved?

 

A: The first is to deepen international exchanges and cooperation on the rule of law. We launched the Belt and Road legal service talent training plan and carried out construction of the Belt and Road legal service platform. These efforts have been added to the list of practical cooperation project results published at the third Belt and Road Forum for International Cooperation. Through platforms such as the United Nations Commission on Crime Prevention and Criminal Justice, we continue to deepen international exchanges and cooperation on the rule of law. Currently, we have signed exchange and cooperation plans, memorandums of understanding and other bilateral cooperation documents with the ministries of justice of nearly 30 countries that are co-building the Belt and Road initiative. These documents have effectively enhanced our judicial mutual trust with Belt and Road countries.

 

The second is to give full play to the role of legal service guarantees. We support Chinese lawyers to help Chinese companies explore foreign markets, strengthen compliance management, establish and improve overseas investment risk prevention and response mechanisms, and provide high-quality and efficient legal services for the joint construction of the Belt and Road initiative. Chinese law firms have established 63 branches in 24 Belt and Road countries, and law firms from seven such countries have set up 24 representative offices in China. A number of international commercial mediation organizations have been established in Shanghai, Guangdong and Hainan to serve the Belt and Road cooperation. We are pushing to build a database of laws and regulations of major countries in the world, which has included relevant legal provisions of 80 Belt and Road countries, providing solid support for the rule of law in the construction of the Belt and Road initiative. 

 

The third is to support the Belt and Road Lawyers Alliance to fully play its role. The All China Lawyers Association initiated the establishment of the Belt and Road Lawyers Alliance and established an exchange platform for lawyers from Belt and Road countries. At present, the total number of members of the alliance has exceeded 2,600, covering 54 countries and regions. It has established nine professional committees and 34 national and regional work groups to deepen exchanges and cooperation among the lawyer communities of Belt and Road countries and strengthen their positive roles in providing legal services. Thanks. 

 

Source: State Council Information Office

 

 

Expert Perspective

 

Should cross-border employment arrangements be governed by Chinese law or foreign law? - A brief analysis of the application of domestic laws in foreign-related employment relationships

 

By: Luo Ai, Tang Xiaojing (King & Wood Mallesons)

 

First point: Determination of the foreign-related nature of an employment relationship: Whether the subject or place of work is foreign-related

 

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law of the People's Republic of China on Foreign-Related Civil Relations (1) (2020 Amendment) (Hereinafter referred to as the "Judicial Interpretation on Law Application") and Article 520 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (2022 Amendment) clarify that the factors for identifying foreign-related civil relations include that the subject is foreign-related, the location of the subject matter is foreign-related, and the place where the legal facts occur is foreign-related.

 

As far as employment disputes are concerned, foreign-related factors include: 1) The employee is a foreigner or stateless person (Hereinafter collectively referred to as "foreigner"); 2) The employer is an overseas organization or individual (Hereinafter collectively referred to as "overseas organization"); and 3) The place of work is outside the country.

 

Combined with the aforementioned jurisdictional provisions on foreign-related civil disputes, foreign-related employment relationships subject to the jurisdiction of domestic courts include the following circumstances: 1) Domestic employers hire Chinese people to work abroad; 2) Domestic employers hire foreigners to work inside China ;3) Domestic employers hire foreigners to work abroad; 4) Overseas employers hire Chinese people to work abroad; 5) Overseas employers hire Chinese people to work inside China; 6) Overseas employers hire foreigners to work inside China. If a representative office of a foreign enterprise is registered in China but does not have legal status, the foreign enterprise shall be responsible for its employment, and its employment disputes are also foreign-related.