Regulations of Shanghai Municipality on Optimizing Doing Business Environment Part2

2020-09-27 0

Chapter III  Government Services


Article 23 This Municipality shall accelerate the construction of an integrated online government service platform (hereinafter referred to as the “Integrated Online Platform”), promote the integration of offline and online government services, consolidate public data resources, strengthen business collaboration, and optimize government services, promote a main portal, one-time login, and integrate online services for market participants to handle affairs.

All government services in this Municipality are included in the Integrated Online Platform, unless otherwise provided by laws and regulations or involving state secrets and public safety. Market participants can handle government services through the Integrated Online Platform, and can obtain precise government services through enterprise-specific web pages.

The municipal governmentservice department is responsible for overall planning, coordination and promotion, and guidance and supervision of work in relation to Integrated Online Platform. All districts and departments shall promote the standardization and construction of government services, refine and quantify government service standards, compile government affairs service guidelines, clarify matters such as application requirements, materials, procedures, tolerance acceptance and other contents, the standards for online and offline applications must be consistent. The conditions for handling government servicesmust not contain any miscellaneous provisions, and relevant departments must not require market participants to provide application materials other than those specified in the guidelines.


The market participants can independently choose the service channels for handling government services, and the relevant departments must not designate such channels for government services. If the standardized electronic materials have been collected online, the applicant shall not be required to provide hard copies.

This Municipality shall promote the establishment of a special window for foreign-related services on the Integrated Online Platform to provide convenient government services for foreign-invested enterprises and foreigners.

Article 24 The government services hall shall promote a comprehensive window service, implementing comprehensive acceptance, categorized dealing, and unified delivery.

The service window shall strengthen standardized management, promote standardized construction, improve service systems such as one-time notification, first-inquired person in charge, receiving documents with vouchers and time-limited processing; improve the working mechanisms such as appointments, full-time assistance, joint processing, stagger and extended services.

All districts and departments shall allocate more staffs for window service and strengthen their professional training.The service window staffs shall,in accordance with the government’s efficiency improvement regulations, comprehensively apply efficiency assessment, supervision and inspection, efficiency accountability and other means to improve service quality and efficiency.

Except in the circumstances clearly prescribed by laws and regulations, the window service staffs shall not refuse to accept the application submitted by the applicant. If the window staff fails to accept the material, all departments shall strengthen verification and supervision.

Article 25 This Municipality shall implement a list management system for government permits. The municipal approval reform department shall, together with the relevant administrative departments, publish the list to the public in a timely manner and make dynamic adjustments.

Except as specified within the list of administrative permits, any establishment or the disguised establishment or implementation of governmentpermits in the manner of files, record, registration, catalog, planning, annual inspection, annual report, production supervision, recognition, certification, review and any other forms shall be prohibited. The governmentpermits that have been cancelled by the State and this Municipality shall not be continued, resumed in disguised form or transferred to perform by industrial associations, chambers of commerce and other organizations for implementation.

The relevant departments shall submit reports containing government permits, fees collection, supervision and inspection of the current year to the approval reform department at the same level and publish such reports to the public according to the law.


Article 26 This Municipality shall fully implement the system of administrative approval via Notification andCommitment. For administrative approval items that are difficult to verify approval requirements in advance but incompleteness can be corrected,with controllable risks, through the on-processing and post-event supervision, the administrative approval authority may adopt a Notification andCommitment method to implement the administrative approval, except for those directly involving public safety, ecological environmental protection and personal health, life and property safety, and those in need for approval on the spot according to the law. The specific and Commitment items shall be determined by the approval reform department in conjunction with the relevant departments and published to the public.

As for administrative approval with Notification andCommitments, the relevant department shall inform the applicant of the approval requirements and the materials to be submitted at one time. If the applicant makes commitment in writing to meet the requirements for examination and approval, an administrative approval decision shall be made directly, and supervise the fulfilling status of applicant’s commitment according to the law. If the applicant fails to fulfill its commitment, the approval department shall order the applicant to rectify within a time limit; if the conditions are not met after such rectification period, the approval decision shall be revoked and brought into the credit information platform in accordance with the relevant regulations.

Article 27 This Municipality shall follow the principles of lawfulness, necessity, simplicity and regulate the intermediary services for administrative approval. The list of intermediary services for administrative approval shall be compiled by the municipal approval reform department in conjunction with the relevant administrative department, and published to the public.

Except as otherwise provided by laws and regulations, the market participants shall have the right to choose the intermediary service agency independently. No administrative department may designate or designate in a disguised manner an intermediary serviceagency for them, and may not force or force in a disguised manner the market participants to accept any intermediary services.

If the district or department needs to entrust an intermediary service agency to provide technical services during the administrative approval process, it must choose an intermediary service agency through a competitive method and pay its own service fees.

The intermediary service agency shall clarify and publish to the public with the conditions, procedures, time limits, and charging standards for intermediary services for statutory administrative approval.

Article 28 The relevant departments of the Municipal People’s Governmentshall publish a list of proof items on the website of the municipal government, list item by item the requirement basis, requesting entity, issuing entity and other items. Within seven working days after the implementation of the new proof items or the cancellation of the original proof items, the relevant department shall complete the update of the list.

All districts and departments shall strengthen the mutual recognition and sharing of proof, and avoid repeated requests for proof from the market participants, and shall carry out pilot Notification and Commitment for proof as required by the State and this Municipality so as to provide further convenience by reducing the burden of proof.

Article 29 This Municipality shall implement the government service evaluation system to improve the government service level. The government service evaluation system covers all municipal government services, evaluated objects and service channels. Evaluations and responses shall be made public.

The people’s governments at all levels and their relevant departments in this Municipality shall,in response to bad reviews and complaints, establish mechanisms for investigation and verification, supervision, rectification and feedback. As for the real-name based bad review, the department in charge shall contact and verify within one working day. Matters that are clear with reasonable complaints shall be rectified immediately; matters that are complex and difficult to resolve at once shall be rectified within a limited period. The rectification shall be reverted to the enterprise and the public in a timely manner. The administrative department in charge of government services shall follow up on the rectification results of the real-name based bad review.

Article 30 This Municipality shall implement the whole process of enterprise start-up with “One Form Application and One Window Collection”. Applicants can apply for business licenses, seals, invoices, basic social insurance and other services through the “One Window” online service platform. If the materials are complete and conform to the legal form, the relevant government department shall handle such application on site; if it cannot be handled on site, it shall be handled within one working day.

When applying for the establishment of enterprise and change of registration items, the applicant promises that the submitted articles of association, agreements, resolutions, and qualification certificates are true, lawful and effective, the administrative department of market regulation may conduct a formal review of the submitted materials, except for otherwise provided by the laws and regulations. The applicant who provides false materials for registration shall undertake the responsibility specified under the law.

An enterprise may receive the business license, seal and invoice required for general business activities synchronously at the Starting a BusinessComprehensive Window in the government service hall.

As for the establishment of enterprise, the name pickingvia Notification and Commitment system and the enterprise’s domicile self-declaration system shall be tentatively launched, and the integrated electronic process of starting a business shall be promoted. Multiple enterprises may use the same address as their registered domicile in accordance with the relevant regulations of This Municipality.

Article 31 This Municipality shall, in line with the relevant provisions of electronic licenses, establish and improve mechanisms for the collection and application of electronic licenses. Except as otherwise provided by laws and regulations, electronic licenses issued by the municipal and district people’s governments and their departments shall be collected in real time and transferred into the municipal electronic license database to ensure that the data is complete and accurate.

The applicant may present the electronic licenses required for business processing through the municipal electronic license database when applying for relevant matters. The accepting unit shall not refuse to process or require the applicant to provide physical licenses, except for retrieving original licenses pursuant to the law.

Article 32 This Municipality shall establish a unified electronic seal system, promote the application of electronic seals in government services, community affairs and other fields, and encourage market participants and social organizations to use electronic seals in economic and social activities. Each department that has established an electronic seal system shall accomplish mutual recognition and intercommunication.

The enterprise electronic seal shall be issued free of charge together with the enterprise electronic business license. Enterprises can independently engrave the physical seal according to actual needs.

Article 33 The reliable electronic signatures that meet the conditions prescribed by laws that enterprises use in dealing with government affairs shall have the same legal effect as handwritten signatures or seals; electronic seals and physical seals shall have the same legal effect; electronic and physicalcertificates shall have the same legal effect, except as otherwise prescribedby laws and administrative regulations.

Article 34 Notification andCommitment system shall be implemented for the enterprise’s fixed assets investment project, the scope of which shall be formulated by the municipal development and reform department, and publish to the public subject to the approval of the Municipal People’s Government.

Article 35 This Municipality shall implement a category-based review and approval mechanism construction projects. The municipal departments of housing and urban-rural development, transportation and other departments shall formulate and publish the risk categorizing standards and risk levels of various construction projects, and implement differentiated approval, supervision and management together with the municipal departments of development and reform, planning resources and other departments.

This Municipality shall implement the whole process and full coverage reform of construction projects approval. The municipal housing and urban-rural development department shall take the lead in establishing a unified construction projects approval management system, through the main portalof Integrated Online Platform, to realize “One Form Application, One Acceptance, Integrated Online Services, Completion within a Limited Period and Certificate Issuance at One-time” for various approval stages of project approval, land use, planning, construction, and completion acceptance, and promote the approval of construction projects to achieve the entire process to be handled online. For low-risk construction projects with social investment, construction project planning permits and construction permits can be handled in a consolidated manner, and the entire period of filing and approval process shall not exceed ten working days.

The municipal and district people’s governments shall establish construction project approval and reviewcenters, through the construction project approval management system, and implement a one-stop service model such as joint review, joint supervision and inspection, and comprehensive completion acceptance.

This Municipality shall strengthen the services in advance for major construction projects, and explore a pilot mechanism as “Tolerance for Deficiencies and Supplement Later” in the approval process for non-critical elements that do not affect safety and public interests, allowing market participants to supplement relevant documents prior to the filing of inspection and acceptance.

This Municipality shall implement the insurance policy for potential defects in engineering quality and explore the implementation of the architect accountability system.

Article 36 This Municipality shall implement comprehensive areas assessments in areas such as industrial bases and industrial communities. Each area management authority shall organize and carry out area assessments such as water resources demonstration, traffic impact assessment, geological disaster risk assessment, and lightning strike risk assessment, disclose the results of the area assessment to the public and take the results into consideration when relevant departments perform the management duties.

Market participants, which operate construction projects in industrial bases and industrial communities that have completed comprehensive area assessments, no longer need to carry out the above-mentioned assessments separately, unless otherwise provided by the State and this Municipality.

Article 37 For the new low-risk industrial project with social investment of the enterprise in this Municipality, the inspection and acceptance together with the real estate registration can be applied simultaneously and, after the final inspection, the relevant certificates of acceptance and the electronic certificates of real estate can be obtained at one-time, and physical certificates can be received on site.

The real estate registration institution shall handle the real estate transfer registration and realize “single window collection, tax payment on site, certificate issuance on site and completion at one-time. The real estate registration institution shall strengthen cooperation with public utility enterprises, financial institutions, etc., and gradually achieve the simultaneous processing of transfer of electricity, water supply and drainage, gas and network, together with real estate registration. This Municipality shall promote the facilitation reform such as applying for real estate mortgage registration at commercial banks.

Any entity or individual may inquire the registration information such as owners of non-residential real estate and cadastral map information by address, in accordance with the relevant provisions of the State and this Municipality in relation to the inquiry of real estate registration materials.

Article 38 This Municipality shall rely on the municipal and district talents service centers to provide facilitated professional services such as talents introduction, obtaining permanent residence permit, communication, evaluation and consultation.

This Municipality shall facilitate the entry, exit, stay and residence, work, study and living of high-level foreign talents. The application for work and residence permits through the “Foreigners Work and Residence Single Window” shall be handled at one time within seven working days.

Article 39 This Municipality shall provide the declaring person with integrated electronic services such as import and export goods declaration, transportation methods declaration, tax payment, trade permit and Certificate of Origin application through the International Trade Single Window, promote trade financing, credit insurance, export tax rebate and other local special applications.

Each charging department shall publish the charging standards at the International Trade Single Window, and accomplish the “One-Stop” inquiry and settlement of port-related market charges. The municipal departments of ports, transportation, development and reform, and market regulation shall strengthen port charge management.


This Municipality shall, through the International Trade Single Window, push forward the connection with the declaration interfaces of other economies, promote the interconnection of information, and facilitate enterprises to carry out cross-border business.


Article 40 This Municipality shall apply various port customs clearance facilitation measures to reduce the time for cargo port supervision and port and shipping logistics operation, so that the cargo status and payment information of each link of customs clearance and logistics is traceable and so as to facilitate enterprises to carry out operations in various link.


This Municipality shall promote the optimization of port supervision and encourage enterprises to declare at customs and go through customs clearance procedures in advance. If there is any error in the customs declaration, the relevant fault tolerance mechanism shall be applicable.


Pursuant to relevant regulations, eligible enterprises shall qualify for management measures such as check and release prior to inspection, release prior to tax payment, and release prior to instrument correcting. The customs shall publish the overall customs clearance time of the customs declaration enterprise.


Article 41 This Municipality shall establish a unified taxes and fees declaration platform for taxpayers and fee payers, and promote the combined declaration and payment of relevant taxes and fees. Relevant departments shall simplify materials and procedures for handling payment of taxes and fees, reduce the frequency of tax payments and the time for handling payment of taxes and fees, improve the service capabilities of electronic tax bureaus and smart tax service sites, and promote the use of electronic invoices.


This Municipality shall strictly implement various national policies of taxes and fees reduction, and actively conduct the publicity and guidance to ensure the effective implementation of all policies.


Article 42 An enterprise can independently choose the location of its main office within this Municipality and register such location as its domicile according to law. All districts and departments shall provide facilitation to enterprises for their changes of domicile across districts, and shall not impose obstacles to such changes.


Any cross-district relocation that can't be addressed at the district level shall be coordinated, resolved and implemented by this Municipality’s Serving Enterprises Joint Meeting mechanism.


Article 43 An enterprise can apply for deregistration through this Municipality's "Integrated Registration Service system", and the departments of market regulation, taxation, human resources and social security shall conduct categorized dealing and simultaneous processing, and conclude the relevant matters once and for all.


The expedited deregistration procedures may apply to those who have not carried out business activities after obtaining a business license, and have not incurred creditor's rights and debts or have completed the liquidation of creditor's rights and debts before applying for deregistration. An enterprise can make announcements through the National Enterprise Credit Information Publicity System. The time limit for announcements is 20 days. If there is no objection during the announcement period, the registration authority may conduct the deregistration for the enterprise.