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Regulations of China (Shanghai) Pilot Free Trade Zone

china-shftz.gov.cn Updated:2017-07-24

The enterprises in the zone shall be encouraged to apply for international prevailing certification of environment and energy management system standard, adopt advanced production techniques and technologies, save energy and reduce the emission of pollutants and greenhouse gases.

Article 51 It is imperative to strengthen the intellectual property right protection work in the PFTZ, and improve the mechanism of linking the administrative protection and judicial protection.

This Municipality’s relevant departments shall strengthen cooperation with relevant State departments, carry out the coordinated management and law enforcement of IP entry-exit protection and domestic protection, explore and establish the system and mechanism of unified management and law enforcement of intellectual property rights in the PFTZ.

It is imperative to perfect the multiple settlement mechanism of IP disputes in the PFTZ, encourage trade associations and institutions of mediation, arbitration and IP intermediary service to play their role in the coordinated settlement of IP disputes.

Article 52 When formulating local regulations, government rules and normative documents regarding the PFTZ, this Municipality shall publish  the draft contents on its initiative to solicit opinions from the general public, relevant industrial organizations and enterprises; and after passage and promulgation thereof, explanation shall be given for disposition of opinions from all sides of society; in the period between the promulgation and implementation, a rational term shall be reserved for preparation for implementation, and however, with an exception of need for prompt formulation and implementation due to emergency and for other reasons.

The local regulations, government rules and normative documents regarding the PFTZ formulated by this Municipality shall, after passage thereof, be published in time, with interpretation and explanation.

Article 53 Every citizen, legal person and other organization, if having any objection to the normative documents drawn up by the Administrative Committee, may request the Municipal People’s Government for review. The review rules shall be formulated by the Municipal People’s Government.

Article 54 This Municipality shall establish the release mechanism of PFTZ information, releasing in time the information relating to the PFTZ through the press conference, regular meeting of information notification or release in writing or in other way.

The Administrative Committee shall collect information on laws, regulations, rules, policies and administrative procedures relating to the PFTZ provided for by the State and this Municipality, publish on the portal website of China (Shanghai) Pilot Free Trade Zone to facilitate inquiry by all sides.

Article 55 The system of relatively concentrated administrative reconsideration right is exercised in the PFTZ.

Every citizen, legal person or other organization, if disagreeing with the specific administrative act made in the PFTZ by the Administrative Committee, the working department and the zone-stationed agency of the Municipal People’s Government, or the Pudong New Area people’s government, may apply for administrative reconsideration to the Municipal People’s Government; if disagreeing with the specific administrative act made by the working department of the Pudong New Area people’s government, they may apply for administrative reconsideration to the Pudong New Area people’s government. The major, complex and difficult administrative reconsideration case shall be reviewed by the administrative reconsideration committee.

Article 56 The judicial organ shall be established according to law in the PFTZ to safeguard the legitimate rights and interests of Chinese and foreign parties in a just and efficient manner.

The arbitration institution established according to law in this Municipality shall, pursuant to laws and regulations and by using for reference international arbitration conventions, perfect the arbitration rules to adapt to the characteristics of the PFTZ, raise the internationalized level of business dispute arbitration and, based on their own choice of the clients, provide independent, just, professional and efficient arbitration service.

The trade associations, chambers of commerce, and professional mediation institutions for business disputes established in this Municipality may take part in the mediation of business disputes in the PFTZ and give play to their role in dispute settlement.

Chapter IX  Supplementary Provision

Article 57 These Regulations shall be effective as of August 1, 2014. The Regulations of Shanghai Waigaoqiao Bonded Area adopted at the 32nd session of the 10th Shanghai People’s Congress on December 19, 1996 shall be repealed at the same time.

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