Announcement of the Standing Committee of Shanghai Municipal People’s Congress No.45

Published on 2020-10-27

《上海市外商投资条例》官方英文版发布!

Regulations of Shanghai Municipality on Foreign Investment were adopted at the 25th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on September 25, 2020, and are hereby promulgated. They shall be effective as of November 1, 2020.

The Standing Committee of Shanghai Municipal People’s Congress
September 25, 2020

Regulations of Shanghai Municipality on Foreign Investment

(Adopted at the 25th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on September 25, 2020)


0Chapter I  General Provisions

Article 1 With a view to advancing higher-standard opening up, promoting and stabilizing foreign investment, protecting the legitimate rights and interests of foreign investment, and accelerating the formation of a new pattern of all-round opening up, these Regulations are formulated in accordance with the Foreign Investment Law of the People’s Republic of China, the Implementation Regulations of the Foreign Investment Law of the People’s Republic of China and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality. 

Article 2 These Regulations shall apply to the foreign investment within the administrative area of this Municipality as well as to the promotion, protection, administration and service related to the foreign investment.

Article 3 The principles of marketization, rule of law, internationalization and facilitation shall be adopted in this Municipality to fully implement the national treatment to foreign investment, establish and improve the mechanism of promotion and protection of foreign investment, create a stable, transparent, predictable and fair market environment, and enhance the quality of opening up.

Article 4 The management system of Pre-establishment National Treatment plus Negative List for foreign investment access shall be fully implemented in this Municipality. In areas other than the negative list for foreign investment access, the people's governments at all levels of this Municipality and their departments shall not impose restrictions on foreign investment access.

This Municipality shall, in accordance with the provisions of the State, grant foreign investors and their investments no less favorable treatment than that accorded to domestic investors and their investments at the stages of establishment, operation and disposal under similar circumstances.

Article 5 The municipal and district people's governments shall strengthen the organization and leadership of foreign investment, make overall plans to promote it, formulate policies and measures for its promotion and facilitation, establish and improve the deliberation and coordination mechanism related to foreign investment, and promptly coordinate and solve fundamental problems in the work concerning foreign investment.

The municipal departments of commerce, development and reform shall, in accordance with the division of their functions and duties, be responsible for the promotion, protection, management and service of foreign investment while the other departments of this Municipality shall carry out the work related to the foreign investment within the scope of their respective authorities.

The department responsible for foreign investment of the district people's government (hereinafter referred to as the District Department of Commerce) and other relevant departments shall, according to their respective functions and duties, carry out the work of promotion, protection, management and service of foreign investment in the district.

Article 6 The municipal and district departments of commerce shall take the lead in coordinating cross-departmental and cross-regional issues raised by foreign investors and foreign-invested enterprises.

All relevant departments shall, according to their respective responsibilities, actively facilitate the solution and pass the results to the municipal and district departments of commerce.

The municipal and district departments of commerce shall pass the processed results to foreign investors and foreign-invested enterprises in a timely manner.

Article 7 Employees of foreign-invested enterprises shall establish a trade union, carry out trade union activities and safeguard their legitimate rights and interests according to the laws. Foreign-invested enterprises shall provide their trade unions with necessary conditions to carry out activities.

0Chapter II  Expand the Opening-up

Article 8 This Municipality shall strengthen its function of an open hub and portal, and shall, in accordance with the national overall plan for opening up, implement the prevailing rules for high - standard international investment and trade, advance the goods and elements flow-based opening up to institutional opening up based on rules, regulations, management and standards, and promote all-round high standard opening up at a deeper level, in a wider range and with greater efforts.

Article 9 This Municipality shall, in accordance with the National opening up plan of the service industry, promote the financial field such as banking, securities, insurance, futures, trust investment, assets management and credit rating to take the lead in opening up, advance expansion of opening up in such areas as telecom, Internet, healthcare, transportation, culture, education and other fields in an orderly manner, and take the initiative to strive for early and pilot implementation of wider opening up policies of other national service industries in this Municipality.

Article 10 China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the Pilot Free Trade Zone) should play a role of opening wider to the outside world as an experimental field, and increase the intensity of opening up, align to the highest standards and best level, and in accordance with the national deployment of foreign-invested experimental policies and measures, undertake the pressure test for opening up, and accumulate the experiences that can be copied and popularized.

The relevant experimental policies and measures for foreign investment may be applied in a larger geographical scope outside the Pilot Free Trade Zone, except for those explicitly defined by the State to be exclusively applied to the Pilot Free Trade Zone.

Article 11 The Lingang Special Area of the China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as Lingang Special Area) shall focus on the key fields that conform to the national strategy, with great demands from international market and urgent requirement for opening up, carry out differential exploration, implement more open policy and system for liberalization and facilitation of foreign investment, facilitate the realization of convenient investment and operation, free entry and exit of goods, easy capital flow, highly opened transport, free practice of people, quick connectivity of information, and shall, in accordance with the state regulations, implement the internationally competitive taxation system and policy, build up a special functional economic area with the international market influence and competitiveness.

Article 12 This Municipality shall, in accordance with the national strategy for regional integration development of the Yangtze River Delta (hereinafter referred to as the Yangtze River Delta) and relying on the regional cooperation mechanism of the Yangtze River Delta, coordinate to promote the opening up of key areas and continuously improve the overall level of high-quality opening up of the Yangtze River Delta Region. With the focus on the construction of demonstration zones for ecological and green integrated development in the Yangtze River Delta, and with such construction as a platform, we shall explore and formulate the institutional advantages of innovative development, enhance the interconnected effects of opening up, and guide the rational deployment of foreign-invested industries. We shall promote the improvement of a unified catalogue of government-approved investment projects for ecological and green integrated development in the Yangtze River Delta, and file the foreign investment projects outside the catalogue.

We shall promote the unification of criteria, procedures and modes for registration of foreign-invested enterprises, establish a unified system of mutual recognition and service of work permits for high-level foreign talents.

We shall further strengthen the international connectivity function of Hongqiao Business District, focus on the development of modern service industry, deepen the coordination and linkage with the Yangtze River Delta, and build up the Hongqiao International Open Hub.

Article 13 Relevant municipal departments shall give full play to the spillover effect of China International Import Expo (hereinafter referred to as the Import Expo) on expansion of the opening up, promote the function of the Import Expo as platforms for international procurement, investment promotion, cultural exchange, opening up and cooperation, strengthen docking services for the import expo exhibitors, plan and carry out activities associated with trade and investment, facilitate coordination linkage of the Import Expo with investment promotion activities.

Article 14 Where the expansion of the opening fields requires legislative protection at the state level, this Municipality shall strengthen communication with the relevant state departments, and propose to adjust the application of the relevant laws, administrative rules, decisions of the State Council and departmental rules.

Where the applicability of provisions relating to foreign investment has been adjusted by laws, administrative rules and resolutions of the State Council,and except for the situations where the relevant administrative procedures are simultaneously and explicitly stipulated to be formulated and adjusted by relevant state department, this Municipality shall implement the above provisions immediately.

0Chapter III  Investment Promotion

Article 15 The municipal and district people's governments shall establish and improve a foreign investment promotion service system that is led by the government and jointly participated by professional organizations, chambers of commerce, associations and enterprises so as to provide all-round and precise investment promotion services to foreign investors and foreign-invested enterprises.

Article 16 This Municipality shall establish a unified foreign investment promotion service platform, assemble relevant laws, rules, regulations, normative documents, policies and measures for foreign investment, release industry trends and investment promotion project information, etc., and provide investment information, project matching, investment connection and other services through online and offline inter-activities.

The foreign investment promotion platform shall gradually provide the information service in multiple languages.

Article 17 The municipal and district people's governments and relevant departments shall carry out various forms of investment promotion activities such as metropolis promotion, regional promotion, special topic promotion and centralized contract signing.

The municipal foreign investment promotion agency shall publicize the investment environment in Shanghai, carry out investment promotion activities, provide business advisory opinions to foreign investors and foreign-invested enterprises, guide the investment promotion agencies established in various districts, the Pilot Free Trade Zone, Lingang Special Area, national and municipal development zones, Hongqiao Business District to engage in foreign investment promotion.

We shall support various investment promotion agencies in carrying out investment promotion activities at home and abroad, push forward the linkage of investment promotion with large-scale international events such as exhibitions, activities in culture, science and technology, sports and tourism , expand channels for attracting investment, and elevate the quality of the investment attracted.

The municipal department of commerce shall, jointly with the municipal foreign affairs department, make overall plans, provide guidance and services for the foreign investment promotion activities carried out by this Municipality outside China.

Article 18 This Municipality shall strengthen exchanges and cooperation,in the fields of investment and trade,with international sister cities, friendly organizations and other cities and regions outside China.

The municipal department of commerce and municipal foreign investment promotion agencies shall strengthen their contacts with overseas investment promotion agencies stationed in Shanghai, establish investment cooperative relations, set up investment promotion agencies outside China according to actual needs, and perfect overseas investment promotion networks.

The investment promotion agencies established overseas by this Municipality shall strengthen the connection with the relevant department of this Municipality and districts, and with the parks and zones, promote the linkage with overseas offices established by enterprises in this Municipality, so as to make joint contribution to attract projects and conduct other services.

Article 19 The municipal department of commerce shall, jointly with other relevant departments, regularly compile guidelines such as the guidance book for foreign investment and white papers on foreign investment environment, publish them in both Chinese and English and update them in a timely manner.

The district department of commerce shall, in the light of the actual circumstances, draw up guidelines for foreign investment in the district.

The guidelines for foreign investment shall include the introduction of basic economic and social conditions, investment environment of key regions, advantageous fields, etc., and other contents such as the services guidance for foreign investment, information on investment promotion projects and relevant data.

Article 20 Foreign investors are encouraged and guided to make investment in the projects listed in the Catalogue of Industries Encouraging Foreign Investment of the State as well as in the key development areas of this Municipality.

Foreign investors who invest in the projects listed in the Catalogue of Industries Encouraging Foreign Investment may enjoy preferential policies such as tax and land use in accordance with regulations.

Procedures for the confirmation of encouraged foreign investment projects shall be handled through the online investment project examination and approval platform.

Where a foreign investor invests in a project within the key development areas of this Municipality or district, the municipal or district people's government may, within the scope of its authority, formulate such incentive measures as reducing or exempting relevant fees and assuring land use quota.

Article 21 This Municipality shall build a high-level platform for headquarters economy, encourage foreign investors to set up regional headquarters and various functional institutions of transnational corporations in this Municipality, and support them to aggregate business, expand functions and be upgraded to Asia-pacific headquarters and global headquarters.

Headquarters of multinational corporations and their functional institutions that are stationed in Shanghai can enjoy funding support and conveniences in personnel entry and exit, talent introduction, capital settlement, trade logistics, goods clearance and other facilitation policies.

The municipal department of commerce shall, together with relevant departments, continuously formulate innovative policies and measures, and undertake the work such as introduction and recognition of the regional headquarters and various functional institutions of the multinational corporations and provide service for them.

This Municipality shall encourage foreign investors to set up investment companies in this Municipality, support investment companies to carry out investment activities in accordance with the law, and provide convenience for their equity transaction and capital inflow and outflow.

Article 22 Foreign investors are encouraged to set up foreign-funded R&D centers in this Municipality and upgrade them to global R&D centers. Foreign-funded R&D centers shall be accredited by the municipal department of commerce. The municipal departments of commerce, science and technology, development and reform shall strengthen services and provide convenience for the accredited foreign-funded R&D centers in participating in government research projects, industrialization of R&D achievements, international and domestic patent applications, import of R&D supplies and other aspects.

Foreign investors are encouraged to set up an open innovation platform in this Municipality to aggregate resources such as advanced technology, experts, capital, achievements and experimental facilities. This Municipality shall promote the interconnection between small and medium-sized enterprises, innovation teams and multinational companies and lift the level of innovation.

Article 23 This Municipality encourages financial institutions in Shanghai to provide multi-channel financing for foreign-invested enterprises.

Foreign-invested enterprises may, in accordance with the law, get loans from banks, and raise funds through public issuance of stocks, corporate bonds and other securities within or outside of China, public or private issuance of other financing instruments and borrowing foreign debts.

Financial institutions in this Municipality shall, in accordance with the national cross-border financing management policies, provide convenience for foreign-invested enterprises to carry out cross-border financing in local and foreign currencies.

Article 24 Foreign invested enterprises are encouraged to reinvest in China in accordance with law.

Foreign investors who expand their investment in China with their investment income within the territory of China may, in accordance with the law, enjoy preferential treatment such as temporary exemption of withholding income tax on the reinvestment with enterprise profits.

Article 25 District people's governments may, within their statutory limits of authority, formulate incentive measures for foreign investment promotion, and grant awards to the foreign-invested enterprises that have made a high degree of comprehensive contribution to the regional economy and society, as well as to the institutions and personnel that have made outstanding contributions to the promotion of foreign investment.

0Chapter IV  Investment Protection

Article 26 The municipal and district people's governments and relevant departments, when implementing policies and measures for the purpose of supporting enterprise development and with respect to government fund arrangement, land supply, tax reduction and exemption, qualification licensing, standard formulation, project application, professional title assessment and human resources, shall treat foreign-invested enterprises equally according to law.

Foreign-invested enterprises have the equal rights in accordance with the law to participate in the government procurement, bidding and tender, land transfer and equity exchange through the municipal public resources trading platform.

Article 27 This Municipality shall not expropriate investment from foreign investors according to law.Under special circumstances, where the investment of foreign investors is expropriated in the interest of the public and in accordance with the law, the executors shall strictly abide by legal procedures, conduct the expropriation in a non-discriminatory manner and promptly make compensation according to the market value of the expropriated investment.

In response to natural disasters, public health incidents and other emergencies, the municipal and district people's governments and their relevant departments may, according to law, make requisition of the property of foreign-invested enterprises, or request foreign-invested enterprises that produce and supply daily necessities and emergency relief materials to organize production and ensure supply. The requisitioned property shall be returned in a timely manner upon the property utilization or completion of the emergency response.

If the property of a foreign-invested enterprise is requisitioned, or such property is damaged or lost after requisition, compensation shall be made according to law.

Article 28 In accordance with the law, foreign investors may be at liberty to remit, in RMB or foreign currency, their investment, profits, capital gains, income from disposal of assets, licensing fees for intellectual property rights, reimbursement, compensation or liquidation income lawfully acquired within Chinese territory, into and out of China. The wages and other lawful incomes of the foreign employee and staff members of foreign-invested enterprises and the employees of Hong Kong, Macao and Taiwan may be remitted freely according to law.

No unit or individual may, in violation of the law, restrict the currencies, amounts or the frequency of inward and outward remittances.

Municipal banking financial institutions are encouraged to increase the application of Fin-tech, provide foreign-invested enterprises with convenience in foreign-related receipts and expenditures and electronic settlement services, and explore the implementation of facilitation measures on foreign exchange purchasing by using the local salaries of foreign employees and the employees of Hong Kong, Macao and Taiwan.

Article 29 This Municipality shall, in accordance with the law, vigorously protect intellectual property rights of foreign investors, foreign-invested enterprises, promote the establishment of rapid coordination mechanism for cross-regional and cross-sectoral protection of intellectual property, continuously improve the judicial and administrative law enforcement of intellectual property protection system, punish the acts infringing the intellectual property rights owned by foreign investors and foreign-invested enterprises according to law.

The people's courts at all levels in this Municipality shall promptly accept and examine the application for evidence perpetuation and act perpetuation involving intellectual property rights of foreign investors and foreign-invested enterprises, and render a ruling according to law and execute it immediately.

For repeated infringement, malicious infringement and other infringement with serious circumstances, the punitive compensation and other punitive measures shall be applicable in accordance with law.

Guidelines on the application of relevant laws shall be issued in due course, and typical cases of judicial protection of intellectual property rights in both Chinese and English shall be published.

Article 30 Relevant departments of this Municipality shall establish and improve the internal management system and take effective measures to protect business secrets of foreign investors and foreign-invested enterprises known by executors in the course of performing their functions and duties.

Where it is necessary to share information with other departments according to law, the business secrets contained in the information shall be kept confidential to prevent their disclosure.

The people's courts at all levels of this Municipality shall strengthen the judicial protection of business secrets, apply the rules of evidence according to law, and ease the obligee’s burden of safeguarding his rights.

Article 31 This Municipality encourages and protects foreign investors and foreign-invested enterprises in accordance with law to develop technical cooperation with various municipal market entities and scientific research entities on the basis of the principle of voluntariness and commercial rules.

Article 32 This Municipality ensures fair participation of foreign-invested enterprises in government procurement according to law.

This Municipality may not apply differentiation or discrimination treatment to foreign-invested enterprises in respect of government procurement information release, establishing the requirements for suppliers and the evaluation criteria, may not restrict the supplier's form of ownership, type of organization and equity structure or investor’s nationality, as well as product or service brand, etc., may not make a distinction between products manufactured and services provided within the territory of China by foreign invested enterprises and those by domestic-funded enterprises.

Article 33 When formulating local rules, regulations and normative documents by this Municipality related to foreign investment, the drafting department shall fully hear the opinions and suggestions of foreign-invested enterprises, relevant chambers of commerce and associations, etc.

When formulating normative documents related to foreign investment, an examination for legitimacy shall be conducted in accordance with the provisions. Where there is no basis of laws and administrative rules, the lawful rights and interests of foreign-invested enterprises shall not be derogated and their obligations shall not be increased.

When formulating normative documents, policies and measures by this Municipality closely related to the manufacturing and operation activities of foreign-invested enterprises in this Municipality, a necessary adaptation and adjustment period shall be set apart before the implementation, except for those otherwise prescribed by the State and those without immediate enforcement may hinder its later enforcement.

When making public the local rules, regulations and normative documents closely related to foreign investment, the enacting authority shall make interpretations in a way that is easy to read and understand, and provide the corresponding English translation or abstract, and shall, according to the actual situation, provide multilingual translation or abstract.

Article 34 The written policy commitment made by the municipal, district people's government and its relevant departments within the statutory limits to foreign investors and foreign-funded enterprises in accordance with the law as well as all kinds of contracts concluded according to law shall be strictly fulfilled and shall not be defaulted or broken due to administrative division adjustment, government transition, adjustment of institutions or functions and replacement of the relevant person in charge, etc.

Where municipal or district people's governments and their relevant departments go beyond their statutory authority and result in invalidity or unenforceability of their commitments or contracts, they shall bear legal responsibility in accordance with law.

Article 35 This Municipality ensures the equal participation of foreign-invested enterprises in the formulation and revision of local standards according to law. With regard to the local standards closely related to the manufacturing and operation of foreign-invested enterprises, this Municipality shall fully listen to the opinions of foreign-invested enterprises, and explore to provide an English translation or abstract of the draft that solicit opinions on standards. Foreign-invested enterprises may recommend representatives to join the relevant municipal technical committee of standardization. Representatives of foreign-invested enterprises are encouraged to participate in the National Technical Committee of Standardization.

The market supervision department and relevant departments shall, in accordance with the law, make public the whole-process information on the formulation and revision of local standards, and provide convenience and guidance for foreign-invested enterprises to participate in the work related to the local standards drafting, translation and international cooperation, etc.

No standards or guiding technical documents on local standards shall be used to carry out acts that hinder the participation of foreign-invested enterprises in fair competition.

Article 36 Foreign-invested enterprises may, according to law, engage in the water supply, gas supply, sewage treatment, garbage disposal in this Municipality, as well as in franchised business activities of construction and operational project of urban roads, highways, urban rail transit and other public transportation.

The franchising policy of this Municipality in the field of urban infrastructure shall be equally applicable to foreign-invested enterprises in accordance with the law.

Article 37 Where a foreign-invested enterprise or its investor considers that the administrative act of an administrative agency or by its staff members infringes upon its legitimate rights and interests, it may lodge a complaint with the foreign investment department or institution designated by the municipal department of commerce and the district people's government (hereinafter referred to as the complaint handling institution).The complaint handling institution shall, based on the principle of graded responsibility, in conjunction with relevant departments, deal with the problems reflected by the complainant.

The municipal department of commerce shall, in conjunction with the relevant departments, establish a joint meeting system for work on complaints of foreign-invested enterprises, coordinate and facilitate the work on complaints of foreign-invested enterprises at the municipal level, and guide and supervise the work on complaints of foreign-invested enterprises in all districts. The municipal department of commerce shall improve the work rules for complaints, perfect the methods of filing complaints, clarify the time limit of complaint handling, and release them to the public.

Article 38 Relying on diversified dispute resolution platforms, this Municipality shall establish and improve diversified dispute resolution mechanisms of mediation, commercial arbitration, administrative adjudication, administrative reconsideration and litigation that are organically connected and mutually coordinated and provide efficient and convenient dispute resolution channels for foreign-invested enterprises.

This Municipality shall encourage and support the arbitration institution established according to law to explore the innovative system and mechanism, shall, in accordance with laws and rules and with reference to international commercial arbitration practice, perfect the rules of arbitration appropriate to foreign investment, uplift the degree of internationalization of commercial disputes arbitration, respect the autonomy of will of the parties, allow the parties to choose arbitration procedures and legal rules in accordance with the law, and provide independent, fair, professional and efficient arbitration service.

Significant, complicated and difficult administrative review cases involving foreign investment shall be deliberated by the administrative review committee, and non-permanent members or experts familiar with international economic and trade investment rules shall be arranged to participate.

We shall, in accordance with the unified arrangements of the State, actively promote the construction of international commercial judicial organizations, innovate the operating mechanism of international commercial adjudication, and speed up the formation of an adjudication system and mechanism that is compatible with the needs of Shanghai International commercial dispute resolution.

Article 39 Foreign-invested enterprises may establish chambers of commerce and associations according to law, and have the right to decide on their own to join or withdraw from chambers of commerce and associations, except as otherwise provided for by laws and rules.

This Municipality supports chambers of commerce and associations, in accordance with the provisions of laws, rules, regulations and charters, to timely reflect the concerns and demands of members and provide them with services in information consultation, publicity and training, market development, economic and trade exchanges, rights and interests protection, dispute resolution, etc. 

0Chapter V  Investment Management and Service

Article 40 Foreign investors who invest in the fields restricted by the provisions of the special administrative measures for foreign investment access (negative list) shall meet the requirements of such special administrative measures as shareholding ratios and senior executives, and may not invest in the fields prohibited from investment.

Areas other than the negative list for foreign investment access shall be managed in accordance with the principle of consistency between domestic and foreign investment.

When handling such matters as enterprise registration, project approval or filing, industry licensing, etc., the municipal departments of market supervision, development and reform and the competent departments of other industries shall perform the duty of reviewing negative list, provide the foreign investors, foreign-invested enterprises with relevant consulting services, and strengthen inter-departmental information sharing. Relevant departments shall simplify the negative list review process once the approval from other review departments has been obtained after review.

Article 41 When applying for registration of establishment and alteration for foreign-invested enterprises, if the applicant pledges to have conformed to the requirements of the negative list and makes commitment that the submitted materials such as the charter, agreement, resolution and certificate of competence of the post are true, lawful and valid. Market regulative departments thereby may conduct formal examination; where a decision can be made on the spot once the materials are complete and in conformity with legal form, a written decision shall be made on the spot, except as otherwise provided for by laws and rules.

Article 42 Where a foreign investor or a foreign-invested enterprise participates in a new construction project or makes a merger and acquisition involving fixed asset investment in this Municipality, shall, in accordance with the relevant provisions of the State and this Municipality, apply to the department of development and reform, etc. for verification and approval or filing as foreign-invested project, through the online investment project examination and approval platform before the project is implemented.

Except for the non-prohibited investment projects on the negative list and the projects requiring verification and approval for both domestic and foreign investment in accordance with the regulations of the State and this Municipality that need to be verified and approved, the department of development and reform, etc. shall, in accordance with the principle of consistency between foreign and domestic capital, conduct filing administration. The projects are considered duly registered once all the project information submitted by foreign investors and foreign-invested enterprises is received online.

The administrative measures on the verification and approval of and filing for foreign investment projects shall be formulated and promulgated by the Municipal People’s Government.

Article 43 Foreign investors and foreign-invested enterprises shall submit their investment information to the department of commerce through the enterprise registration system and the enterprise credit information publicity system. The municipal department of commerce shall provide guidance for foreign investors and foreign-invested enterprises in submitting investment information.

The content and scope of the foreign investment information shall be determined in accordance with the principle of necessity. The information that can be obtained by interdepartmental information sharing shall not be required to be submitted again. The municipal departments of commerce and market supervision shall fulfil good docking and work linkage for relevant business systems.

Article 44 Relevant departments of this Municipality shall, in accordance with the security review system for foreign investment and work requirements of the State, cooperate with the State in carrying out relevant work.

Article 45 The municipal departments of development and reform, commerce and economic informatization shall, in conjunction with the relevant departments and the people's governments of the relevant districts, establish and improve the service system for major foreign investment projects.

For those included in the catalogue of major foreign investment projects, we shall, through the establishment of green channels and by provision of "one-stop" services, make overall plans to promote matters such as access, planning, land use, environmental protection, energy utilization, construction, foreign currency, and support the implementation of projects. Among such projects, those applicable to this Municipality’s provisions on major engineering projects shall be brought into the major engineering construction coordination mechanism at the municipal level for further promotion.

Article 46 This Municipality shall establish and improve the communication mechanism between government and foreign-invested enterprises.

The municipal and district people's governments and relevant departments shall solicit opinions and suggestions from foreign-invested enterprises through regular round table meetings, field visits, questionnaire surveys and online opinion solicits, keep abreast of and help enterprises to solve problems encountered in production and operation in a timely manner, and study and improve relevant policies and measures.

Foreign investors and foreign-invested enterprises may reflect relevant appeals, comments and suggestions through such channels as "12345" hotline, enterprise service cloud, foreign investment promotion service platform, chamber of commerce and association, etc. Relevant departments shall study and deal with them in a timely manner.

Article 47 The municipal departments of science and technology, entry and exit shall provide foreign employees and staff of foreign-invested enterprises with work permits and the convenience in entry and exit, stopover, dwell and residence, etc. The application for work and residence permits through the "single window for work and residence of foreigners" shall be completed within seven working days at one time.

For foreign high-tech talents, skilled talents and other talents introduced by foreign-invested enterprises and accredited as talents in urgent need and in short supply, the municipal department of science and technology may appropriately relax restrictions on age, educational background and working experience.

The exit and entry administration and border inspection authorities shall, in accordance with relevant regulations, provide convenience in port visa and transit visa exemption for foreign nationals who carry out business and trade at the invitation of foreign-invested enterprises.

Article 48 The municipal department of commerce, in conjunction with other relevant departments, shall, relying on the "Integrated Online Platform", open special windows on foreign services and provide English guidance services such as service items list and service directory to foreign nationals and foreign-invested enterprises.

Article 49 The standing committees of the municipal and district people's congresses shall strengthen the supervision over the work of foreign investment in their respective administrative areas by listening to the special work report, carrying out law enforcement inspection and other methods.

The standing committees of the municipal and district people's congresses shall give full play to the role of deputies, organize them to carry out special investigations and inspections with focus on foreign investment, collect and reflect the opinions and suggestions of foreign investors and foreign-invested enterprises, supervise and urge the relevant parties to implement all the work in regard to foreign investment.

0Chapter VI  Supplementary

Article 50 Investment in this Municipality by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region, as well as by Chinese citizens residing abroad, shall be governed with reference to these Regulations; where laws, administrative rules or other provisions of the State Council provide otherwise, such provisions shall prevail.

Article 51 These Regulations shall be effective as of November 1, 2020.

Disclaimer

The power of interpreting any provision in this text is entirely vested in the competent departments of Shanghai Municipal People’s Government. Should there be any discrepancy of meaning between the Original Chinese Text and the English Text, the Chinese version shall prevail.

来源:上海市商务委员会(参考译文)