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Regulations of China (Shanghai) Pilot Free Trade Zone

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

Article 45 This Municipality shall establish a comprehensive evaluation mechanism for the PFTZ. The municipal development and reform department shall, in conjunction with the Administrative Committee and relevant departments, conduct, by themselves or by a third party they entrust, evaluation of the innovation in the supervision system, the whole industry, the implementation of pilot policy on industrial businesses and risk prevention, and propose policy-related suggestions for promoting, improving and expanding the opening fields, pilot reform tasks and measures for institutional innovation.

Chapter VIII  Law-based Environment

Article 46 It is imperative to adhere to applying the thought and mode of rule by law to innovate in every reform in the PFTZ, so as to build a good environment of rule by law for the construction of the PFTZ.

Where there are adjustments to the pilot reform measures provided for by the State for investment, trade, finance, and tax in the PFTZ or where the pilot reform measures in other regions provided for by the State apply to the PFTZ, the implementation shall be done according to relevant provisions.

Where this Municipality’s local bylaws do not adapt to the development of the PFTZ, the Municipal People’s Government may request the Municipal People’s Congress and its standing committee to make relevant provisions on the application thereof in the PFTZ; where this Municipality’s regulations do not adapt to the development of the PFTZ, the Administrative Committee may request the Municipal People’s Government to make relevant provisions on the application thereof in the PFTZ.

Article 47 The equal positions and rights to development of various market subjects in the PFTZ shall be protected by law. Various market subjects in the zone shall enjoy equal treatment in terms of supervision, tax and government purchase.

Article 48 The enterprise, equity, intellectual property right, profit and other property and business interests owned legally by the investors in the PFTZ shall be protected by law.

Article 49 The rights of workers in the PFTZ in terms of equal employment, vocational choice, labor remuneration, rest and holiday, labor safety and health protection, vocational skill training, social insurance and benefits, and participation in democratic management shall be protected by law.

In the PFTZ it is imperative to carry out a mechanism of collective consultation between the enterprise and workers, promote the equal consultation between both parties on labor remuneration, labor safety and health and relevant matters. It is imperative to give play to the role of trade unions in maintaining the rights and interests of employees and promoting the harmonious and steady labor relationship.

In the PFTZ it is imperative to perfect the mechanism of conducting fair, open, efficient and convenient labor and social security inspection and labor dispute settlement so as to protect legitimate rights and interests of workers and employers.

Article 50 It is imperative to strengthen the environmental protection work in the PFTZ, explore and conduct the classified management of EIA, and raise the level and efficiency of environmental protection management.

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