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Notice of Shanghai Municipal People's Government on Issuing Several Measures of This Municipality to Implement the Recommendations of the State Council on Further Improving the Use of Foreign Investment

06-22-2020

Notice of Shanghai Municipal Peoples Government on Issuing Several Measures of This Municipality to Implement the Recommendations of the State Council on Further Improving the Use of Foreign Investment

SMPG D〔2020〕No.5

Attention:All District Peoples Governments, Commissions, Offices and Bureaus of the Municipal People’s Government:

We hereby issue Several Measures of This Municipality to Implement the Recommendations of the State Council on Further Improving the Use of Foreign Investment to you, and request you to implement them conscientiously.

  Shanghai Municipal Peoples Government

April 8, 2020

  

Several Measures of This Municipality to Implement the Recommendations of the State Council on Further Improving the Use of Foreign Investment


With a view to deeply implementing the decision and deployment of the Party Central Committee and the State Council on the stabilization of foreign investment, further expanding opening up, continuing to create a new highland for attracting foreign investment, and continuing to create an international, law-based, and convenient business environment, we now, in respect to carrying out the Recommendations of the State Council on Further Improving the Use of Foreign Investment (SC G [2019] No. 23), put forward several measures as follows:

  1. Implementing the national policy of expanding opening up

1. Support the making of first try of foreign investment in new open areas. According to the overall plan for national opening up, implement the latest version of the Negative List of Foreign Investment Access in the National and Pilot Free Trade Zones, accelerate the opening up of the financial industry, new energy vehicles and other fields, encourage foreign investors to invest in new open fields, and strive to take the lead in project implementation. (Responsible units: Municipal Commerce Commission, Municipal Development and Reform Commission, Municipal Economy and Information Technology Commission, Municipal Financial Work Bureau, Shanghai Head Office of the Peoples Bank of China, Shanghai Banking and Insurance Regulatory Bureau, Shanghai Securities Regulatory Bureau)

2. Strengthen the opening of Shanghai Pilot Free Trade Zone and Lingang New Area. Support Shanghai Pilot Free Trade Zone and Lingang New Area to strive to achieve greater opening in key areas such as telecommunications, scientific research and technical services, education, and health in the manner of "one project, one discussion". Support the replication and spread of the experience with pilot initiatives of Shanghai Pilot Free Trade Zone first in comprehensive bonded zones and national economic and technological development zones. (Responsible units: Municipal Commerce Commission, Municipal Development and Reform Commission, Municipal Economy and Information Technology Commission, etc., the relevant district people’s governments, Shanghai Free Trade Zone Administrative Committee, Lingang New Area Administrative Committee)

II. Strengthening the promotion of foreign investment

3. Improve the "one-stop foreign investment promotion service system". Rely on the Shanghai Foreign Investment Promotion Service Platform, gradually build a four in one investment promotion system composed of government departments, professional institutions, business associations, and enterprises to provide one-stop foreign investment promotion services. (Responsible units: Municipal Commerce Commission, Municipal Economy and Information Technology Commission)

4. Support the launching of domestic and foreign investment promotion activities. Give full play to the spillover driving effect of China International Import Expo and hold the Shanghai City Promotion Conference. Encourage all districts to hold domestic and foreign investment promotion activities with the theme of Investing in Shanghai. Each district may provide financial support in accordance with the actual effect of attracting foreign investment. (Responsible units: Municipal Commerce Commission, Municipal Economy and Information Technology Commission, Municipal Finance Bureau, each district peoples’ government)

5. Improve the quality of attracting investment from open platforms. Give full play to the industrial and institutional advantages of national-level economic and technological development zones, actively promote the settlement of major foreign investment projects in line with the national-level economic and technological development zones industrial development orientation, and strengthen the role of foreign investment promotion platforms. Optimize the management mechanism of the development and construction entities and operation entities of national-level economic and technological development zones, encourage qualified national-level economic and technological development zones to establish investment promotion centers overseas, cooperate with overseas parks, and accelerate the introduction of high-quality projects. (Responsible units: Municipal Commerce Commission, Municipal Economy and Information Technology Commission)

6. Increase support for major foreign investment projects. For newly established or capital-increased foreign-funded projects established in this Municipality that conform to this Municipality’s industrial development direction, each district may give rewards in accordance with its comprehensive economic and social contribution to the region. (Responsible units: Municipal Commerce Commission, Municipal Economy and Information Technology Commission, Municipal Finance Bureau, each district people’s government)

7. Establish an incentive mechanism for investment promotion services. Encourage specialized social organizations and investment promotion agencies to introduce foreign-funded projects that conform to this Municipality’s industrial development direction. Each district may reward the introduced projects according to their overall economic and social contribution to the region. Support professional funds to participate in the development of various parks, build a batch of high-quality development carriers around key industries, and attract major foreign investment projects to settle. (Responsible units: Municipal Commerce Commission, Municipal Economy and Information Technology Commission, Municipal Finance Bureau, each district people’s government)

8. Strengthen support for the introduction of talents in key projects. Support districts to introduce talents into the regional headquarters and R & D centers of transnational corporations and other foreign-funded projects that conform to this Municipality’s industrial development orientation. (Responsible units: Municipal Commerce Commission, Municipal Human Resources and Social Security Bureau, each district people’s government)

9. Explore the establishment of a market-based investment promotion mechanism. Support all districts to incorporate investment promotion achievements and service results into the assessment and incentives, and allow more flexible incentive measures for non-civil service positions in the investment promotion department and team to improve the market-oriented operation of investment promotion activities. (Responsible units: Municipal Commerce Commission, Municipal Economy and Information Technology Commission, Municipal Human Resources and Social Security Bureau, Municipal Finance Bureau, and district people’s governments)

10. Support districts to organize delegations to go abroad to carry out investment promotion work. Overseas economic and trade delegations shall take investment promotion as the main content. Each district shall give priority guarantees for overseas economic and trade delegations that have substantive investment promotion tasks. (Responsible units: Foreign Affairs Office of the Municipal People’s Government, district people’s governments)

11. Strengthen the training of foreign investment promotion. The municipal and district level governments shall regularly organize training activities related to foreign investment promotion, management, protection, etc. to train professional teams for foreign investment and improve the business level of foreign investment promotion personnel in this Municipality. Hold special training seminars for high-tech enterprises, intensify publicity of related policies, and encourage and guide more foreign investment to invest in high-tech industries. (Responsible units: Municipal Commerce Commission, Municipal Science and Technology Commission, district people’s governments)

12. Strengthen the publicity and interpretation of foreign investment policies.  Compile and publish foreign investment guidelines such as the Shanghai Foreign Investment Guide and the Shanghai Foreign Investment Environment White Paper, and support all districts in compiling the regional foreign investment guidelines to provide services and convenience for foreign investors and foreign-funded enterprises (Responsible units: Municipal Commerce Commission, and district people’s governments)

III. Improving the level of investment facilitation

13. Support the facilitation of cross-border capital investment. Simplify the operation of the banks foreign direct investment business. Carry out pilot projects to facilitate capital project income payment throughout this Municipality, allowing qualified enterprises to use capital project income, foreign debt, overseas listed capital and other capital project income for domestic payment without having to provide authenticity verification materials one by one in advance. Promote the facilitation of foreign debt registration management. Non-investment foreign-funded enterprises are allowed to establish new subsidiaries or merge with other domestic enterprises with capital in accordance with the law on the premise that they do not violate the current negative list of foreign investment access and the projects with investment in China are true and in compliance with regulations. Explore the implementation of facilitation measures for the purchase of foreign exchange by foreign talents. (Responsible units: Shanghai Head Office of the Peoples Bank of China, Shanghai Branch of the State Administration of Foreign Exchange, and the Municipal Financial Work Bureau)

14. Optimize the process of permitting foreigners to come to China. We will fully implement various facilitation policies for foreigners to work in China. Promote the single window of foreigners work and residence, and realize one form application, one window acceptance, one network office and "one-stop service". Comprehensively consider the factors such as the institutional establishment, the staffing, and the demand for business of each district and promote the delegation of the approval authority of foreigners to work in China. (Responsible units: Municipal Science and Technology Commission (Municipal Foreign Experts Bureau), Municipal Public Security Bureau Exit-Entry Administration)

15. Optimize the examination and approval of project planning land. On the basis of multiple regulations in one, promote the reform of planning land examination and approval, merge land use pre-examination and site selection opinions, and realize the three certificates in one of Construction Land Planning Permit, Allocation Decision, and Construction Land Approval. Continue to integrate management elements, implement "multi-test integration", deepen process re-engineering, and comprehensively explore "multi-examination integration, multi-certification integration" in the three stages of conditions verifying, approval issuing, and verification and acceptance. (Responsible unit: Municipal Planning and Resources Bureau)

IV. Strengthening the protection of foreign investment

16. Comprehensively implement the Foreign Investment Law. After the coming into effect of the Foreign Investment Law and its supporting rules, make full and strict implementation thereof, and good interpretation and training for foreign investors and foreign-funded enterprises. Accelerate the process of local legislation of foreign capital in this Municipality, formulate local supporting policies, ensure the effective implementation of the systems of the Foreign Investment Law, and strive to create a fair business environment. (Responsible units: Municipal Commerce Commission, Municipal Development and Reform Commission, Municipal Justice Bureau, etc.)

17. Improve the communication service mechanism between government and enterprises. Improve the mechanism such as the round table meeting of government-enterprise cooperation, and the relevant departments of the city and district level shall form a joint effort to solve the difficulties and problems encountered in the production and operation of enterprises. Strengthen the contact service system for key foreign-funded enterprises, and the city, districts, and towns shall determine the list of key service targets respectively, select cadres as chief waiters, and act as policy publicists, project promoters, and problem coordinators. (Responsible units: Municipal Commerce Commission, etc., district people’s governments)

18. Improve the complaint and legal rights and interests protection mechanism for foreign-funded enterprises. The city and districts shall establish respectively a "one-stop" complaint handling and settlement mechanism for foreign-funded enterprises. Rely on existing institutions or related organizations, set up complaint and rights and interests protection work points, disclose office and contact information to the public, improve complaint reception and coordinated transfer, study and dispose of timely feedback of closed-loop processing procedures, standardize processing procedures, and improve processing efficiency. (Responsible units: Municipal Commerce Commission, district people’s governments)

19. Strengthen the standardized implementation of regulatory policies. Coordinate the city and district inspections, improve the "double random, one open" working mechanism, and scientifically set the scope and frequency of random spot checks. According to the actual situation of the industry to which the enterprise belongs, implement prudent and inclusive supervision. Carry out the revision work of the Shanghai Municipality Environmental Protection Administrative Penalty Discretionary Benchmark Regulations, formulate and publish a list of exemptions for minor environmental violations in Shanghai, and further standardize and unify this Municipality’s environmental administrative penalties. (Responsible units: Municipal Ecological Environment Bureau, Municipal Emergency Bureau, Municipal Market Supervision Bureau, Municipal Justice Bureau, Municipal Culture and Tourism Bureau)

20. Play an important role in the judicial protection of intellectual property rights. Give full play to the system efficiency of property preservation, evidence preservation and behavior preservation, promote the simplification and diversification of intellectual property cases, and improve the timeliness and convenience of intellectual property judicial relief. Optimize the requirements for the form of evidence in intellectual property cases involving foreign-funded enterprises, apply the evidence obstruction and transfer of burden of proof according to law, and reasonably reduce the burden of proof for the right holder. Increasing the punishment of violations of intellectual property rights infringements, in cases of repeated infringements, malicious infringements and other serious infringements, enhance compensation and increase the amount of compensation according to law. Deepen the reform of the “three-in-one” trial mechanism for civil, administrative and criminal intellectual property rights, and increase the punishment of intellectual property crimes. Issue relevant guidelines on the application of laws in a timely manner, publish typical cases of judicial protection of intellectual property rights, and increase the awareness and ability of enterprises to use judicial means to protect intellectual property rights. (Responsible unit: Municipal High Court)

21. Improve the working mechanism of intellectual property protection. Focus on professional markets, exhibitions, Internet platforms and other fields, strengthen the protection of intellectual property rights such as trademarks, patents, copyrights, and geographical logos, and build a pattern of "strict, large, fast, and same protection". Give full play to the role of the peoples mediation committees, mediation studios and professional mediators of intellectual property disputes in all districts, and build and improve a diversified resolution mechanism for intellectual property disputes. Supervise e-commerce operators to fulfill their obligations of intellectual property rights and other aspects, and implement the “notice-delete” obligation for intellectual property protection. (Responsible units: Municipal Intellectual Property Bureau, Municipal Market Supervision Bureau, Municipal Copyright Bureau, Municipal Justice Bureau)

22. Improve the transparency of foreign investment-related policies. When formulating and promulgating administrative normative documents concerning foreign investment, all districts and relevant departments shall strengthen the legality review and solicit opinions and suggestions from foreign-funded enterprises and related business associations in advance. For administrative normative documents involving the adjustment of enterprise investment and production and operation activities, reasonably determine the time period between the publication and implementation so as to give the reserve time for the enterprise to adjust, and provide timely English translations when issuing administrative normative documents concerning foreign investment. (Responsible units: Municipal Commerce Commission, Municipal People’s Government General Office, etc., each district people’s government)

23. Support participation in standard setting. Provide in a timely manner the relevant information for foreign-funded enterprises in this Municipality to participate in the formulation of national standards and industry standards. Optimize the process of local standard preparation and revision, increase the intensity of soliciting opinions on local standards, and improve the local standard information system. Foreign-funded enterprises shall enjoy the same treatment as domestic-funded enterprises in the standardization work of this Municipality. Absorb foreign-funded enterprises to participate in the Municipal Professional Standardization Technical Committee, and actively recommend foreign-funded enterprises to participate in the National Professional Standardization Technical Committee. (Responsible unit: Municipal Market Supervision Bureau, etc.)

24. Promote fair participation in government procurement. All districts and relevant departments shall not discriminate against foreign-funded enterprises and shall not restrict supplier ownership, organizational form, shareholding structure, or investor country, product or service brands in terms of government procurement information release, supplier qualification determination, and bid evaluation criteria. (Responsible units: Municipal Finance Bureau, etc., each district people’s government)

All district people’s governments, relevant departments and units must fully understand the current significance of further improving the utilization of foreign capital, take the initiative, strengthen responsibilities, study and formulate supporting measures, and pay close attention to the implementation of the work. The Municipal Commerce Commission shall strengthen supervision and inspection in conjunction with relevant departments to ensure that all policies and measures are implemented.

These Measures shall be effective as of April 10, 2020.