Regulation of Shanghai Municipality on Advancing the Construction of the International Shipping Center

· Document Number：Announcement No. 41 of the Standing Committee of the Shanghai Municipal People's Congress

· Area of Law： Traffic and Transport

· Level of Authority： Provincial Local Regulations

· Date issued：06-23-2016

· Effective Date：08-01-2016

· Status： Effective

· Issuing Authority： Shanghai Municipality People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the Shanghai Municipal People's Congress
(No. 41)
The Regulation of Shanghai Municipality on Advancing the Construction of the International Shipping Center, as adopted at the 30th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on June 23, 2016, is hereby issued, and shall be in operation on August 1, 2016.
Standing Committee of the Shanghai Municipal People's Congress
June 23, 2016
Regulation of Shanghai Municipality on Advancing the Construction of the International Shipping Center
(adopted at the 30th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on June 23, 2016)
Chapter I General Provisions
Article 1 This Regulation is enacted for the purpose of implementing the national strategy of the construction of Shanghai International Shipping Center, connecting the development of the "Silk Road Economic Belt" and the "21st Century Maritime Silk Road," establishing a mechanism to interact with the development of the China (Shanghai) Pilot Free Trade Zone (SHFTZ), and creating a shipping development environment with international competitiveness, under relevant laws and administrative regulations.
Article 2 This Regulation shall be applicable in respect of the work that Shanghai Municipality advances the construction of Shanghai International Shipping Center.
Article 3 Shanghai Municipality shall, according to the state arrangement, advance the construction of Shanghai international shipping hub and airport hub to establish an international shipping center with a high-degree cluster of water transport, air transport, and all other shipping resources, complete shipping service functions, good shipping market environment, and efficient modern logistics services, able to allocate global shipping resources, suitable for the strategies and economic development.
Article 4 The municipal people's government shall strengthen the leadership of the advancement of the construction of Shanghai International Shipping Center in Shanghai Municipality.
The Consultation and Coordination Institution for the construction of Shanghai International Shipping Center, established by Shanghai Municipality, shall be responsible for the work with regard to the coordination and advancement of the construction of Shanghai International Shipping Center. The Office of the Consultation and Coordination Institution, established at the municipal administrative department of traffic, shall be responsible for routine work.
The people's governments of districts and counties and relevant municipal departments shall strengthen cooperation, and specifically implement and advance the whole construction of Shanghai International Shipping Center.
Article 5 The municipal people's government and the relevant departments thereof shall establish a mechanism to cooperate and coordinate with relevant state departments and relevant provinces and municipalities, make use of the advantages of Shanghai' shipping industry, expand the driving and motivating effect, promote the integration of shipping factors, and realize the coordinated development of the Yangtze River economic belt regions and other regions in China.
Shanghai Municipality shall promote the cooperation and exchange with Hong Kong, Macao, and Taiwan regions, and other international shipping centers in the world and cities in the field of international shipping. Shipping enterprises and shipping organizations shall be encouraged to conduct international exchange and cooperation.
Article 6 Shanghai Municipality shall establish the Development Fund for the Construction of Shanghai International Shipping Center, which shall be incorporated into the public finance budget at the same level to provide funds support to the advancement of the construction of Shanghai International Shipping Center.
Shanghai Municipality shall encourage private capital from home and abroad, by establishing shipping funds and other means, to participate in the construction of Shanghai International Shipping Center, and provide funds and services to the development of the shipping industry.
Article 7 Industrial associations related to shipping shall strengthen industrial self-regulation and the development of industry credibility, regulate the industrial order, protect the legitimate rights and interests of the industry and their members, promote the exchange with relevant shipping organizations from home and abroad, and promote fair competition and orderly development of the shipping industry.
Chapter II Planning and Infrastructure Construction
Article 8 The municipal administrative department of traffic shall, in conjunction with the municipal administrative departments of development and reform, etc., in accordance with the state arrangement and the general objectives of the construction of Shanghai International Shipping Center, organize and make the planning on the development of Shanghai International Shipping Center, and, upon the submission to and approval of the municipal people's government, organize the implementation thereof. The opinions on the making of the planning on Shanghai International Shipping Center of relevant state departments, state institutions stationed in Shanghai, shipping-related enterprises, and other aspects shall be solicited.
The planning on Shanghai International Shipping Center shall specify the strategic arrangement, objectives by stage, specific work measures, and responsible departments of the advancement of the construction.
Article 9 The municipal administrative department traffic shall, in conjunction with the municipal administrative departments of planning, in accordance with the planning on the development of Shanghai International Shipping Center, make overall arrangement about and coordinate the making and revision of the special planning on ports, airports, shipping channels, high ways, railways, etc., promote the coordinated development of the cluster areas of shipping services, and promote the formation of an international shipping hub featuring reasonable space layout, scientific division of functions, efficient resource utilization, and impended, rapid and convenient logistics.
The planning on the industrial parks of port-neighboring economy, airport economy, etc. shall be coordinated with the special planning as provided for in the preceding paragraph.
Article 10 The municipal administrative department of traffic shall, in accordance with the need of the development of the construction of Shanghai International Shipping Center, advance the construction of specialized, large-scale and modern port areas, and optimize the existing layout of port areas and the structure of berths at wharfs.
The municipal administrative department of traffic shall advance the construction of public infrastructures supporting the ports.
Article 11 The airport management institutions of Shanghai Municipality shall strengthen the intensive construction of airport infrastructures, increase the capacity of the airport facilities, and satisfy the need of the increase of air transportation volume and the improvement of functions and quality.
The municipal administrative department of traffic shall cooperate with relevant state departments in advancing the complementary functions and coordinated development of the airport groups in Yangtze River Delta.
Article 12 Shanghai Municipality shall, with the support of the relevant state departments, advance the construction of distributing railway branch lines in ports and hub connecting lines.
The municipal administrative department of traffic shall, in accordance with the state watershed general waterway plans and regional waterway planning, advance the construction of a senior waterway network connecting major port area in Yangtze River Delta.
The administrative departments of traffic of the municipality, districts and counties shall strengthen the construction of a gathering and distributing highway network and rail transit network connecting major port areas, airports and railway stations and yards.
Article 13 The municipal administrative department of traffic shall, in conjunction with the relevant municipal departments, advance the construction of all types of transit facilities, and make overall arrangement about and advance the development of the transit business.
Article 14 Where the municipal administrative departments of planning, land and natural resources, ocean, etc. and the people's governments of districts and counties make land use planning, they shall satisfy the need of the construction of Shanghai International Shipping Center for land and waters, and reserve land and waters for the establishment of industrial parks of port-neighboring economy and airport economy.
Chapter III Development of the Shipping Service System
Article 15 The municipal administrative department of traffic shall, in conjunction with the relevant municipal departments, adopt measures, promote ocean shipping enterprises to open sea routes covering the globe by depending on ports in Shanghai and establish a specialized feet with moderate scale, reasonable structure, and advanced technologies.
Shanghai Municipality shall support ocean shipping enterprises to conduct cooperative operation with consignors and port enterprises.
Where an ocean shipping enterprise satisfies relevant state provisions, it may conduct coastal carriage of foreign trade import and export containers between domestic ports opening to the overseas and the Shanghai Port, with the Shanghai Port as the international transit port.
Article 16 The municipal administrative department of traffic shall adopt measures to support the development of main-branch direct transport and river-ocean direct transport.
Shanghai Municipality shall, according to the provisions that the state shall advance the implementation of standardization of ships for inland water transport, guide, by taking such measures as funds subsidiary, the implementation of upgrade and re-construction of ships not of the standard types.
Article 17 The municipal administrative department of tourism shall, in conjunction with the municipal administrative departments of traffic, etc., make the planning of Shanghai Municipality on the development of the passenger liner industry, advance the construction of the China Passenger Liner Tourism Development Pilot Zone in Shanghai, and develop corresponding advancement measures and supporting policies.
The municipal people's government and its administrative departments of development and reform, traffic, tourism, commerce, etc. shall win over the support of relevant state departments, accelerate the duplication and promotion of the experience and relevant policies and measures in respect of the SHFTZ at the Passenger Liner Tourism Development Pilot Zone.
The municipal administrative department of tourism shall, in conjunction with the administrative departments of traffic, quality and technical supervision, etc., develop a standard system for the passenger liner tourism services which meets international standards. The standard system for the passenger liner tourism services shall include operation process, code of conduct and service requirements in the sale of passenger liner tickets, conclusion of contracts, wharf services, travel agency services, emergency response and disposition, and other parts.
The implementation of the policy on transit within particular time limit and entry/exit without visa at the passenger liner ports shall be advanced, and duty-free shops convenient for entry/exit travelers shall be established; and the facilitation of passenger liner supply services shall be advanced, and the development of trade in services relating to passenger liners shall be accelerated.
Shanghai Municipality shall encourage passenger liner companies from home and abroad to register and establish business institutions in Shanghai, and conduct approved international passenger liner route business.
Article 18 A port operator shall, on the basis of supplying services in port loading, discharge, storage, ship supply, etc., expand such modern port services and functions as trade, finance and consultation through all types of methods.
A port operator shall develop rules for the catalog of service charges, disclose service content, charging items and charging standards, accept social supervision, and provide shipping-related enterprises with fair, high-quality services.
Article 19 The pilotage authority shall improve the standards for pilotage services, disclose charging standards, and provide efficient and safe pilotage services to ships entering/exiting the ports in Shanghai.
Article 20 The maritime department shall simplify registration formalities, improve registration content, optimize ship registration and relevant business process, and provide efficient and convenient ship registration services in respect of ship operation, financing, insurance, building, trading, etc.
Shanghai Municipality shall, in accordance with relevant state provisions, explore and establish a SHFTZ international ship registration system.
Ship inspection organizations shall improve inspection quality, and provide shipping-related enterprises with statutory inspection and classification survey services.
Article 21 The municipal administrative department of traffic shall, in conjunction with relevant departments, adopt measures to support airlines with major operation bases in Shanghai in establishing an air route hub network with Shanghai as its core, basing themselves domestically, connecting the whole world.
The municipal people's government and its administrative department of traffic shall win over the support of relevant state departments, optimize and adjust the structure of airspace in Shanghai, raise the capacity of airspace hub, reasonably distribute traffic rights and new flight time resources, and improve the accessibility and connection of air routes and hub flight frequency of the hub.
Airlines with major operation bases in Shanghai, other airlines from home and abroad, and airline alliances shall be encouraged to jointly establish a world-class international airport hub with advanced quality.
Article 22 Shanghai Municipality shall support airlines from home and abroad and comprehensive logistics service suppliers in establishing an air logistics transit center at the airport areas in Shanghai, promoting the application of the Internet of Things technologies, conducting multimodal transport, and accelerating the development of air transport business.
Article 23 Shanghai Municipality shall support the application of general aviation in the fields of such public services as rescue, disaster relief, medical aid and urban firefighting.
Shanghai Municipality shall advance the construction of corporate aircraft bases, constantly optimize the functions and quality of corporate aircraft bases, satisfy the need of corporate aircraft operation guarantee, and attract corporate aircraft operation institutions and supporting service institutions from home and abroad to conduct business in Shanghai.
Article 24 The airport management institutions in Shanghai and entities relating to the airlines industry shall adopt measures to optimize ground operation and organization, promote the application of new technologies and devices of operation and management, and improve the efficiency of safe operation and quality of comprehensives services of airports.
Article 25 The municipal administrative department of traffic shall, in conjunction with relevant municipal departments, advance the conduct of ship and aircraft trading, freight exchange, capacity exchange, and other shipping exchange business, and innovate thereon.
The Shanghai Shipping Exchange and other specialized institutions shall create facilitating conditions for the conduct of shipping exchange business, regulate shipping exchange, provide dynamic information on shipping exchange, expand public service functions including the processing and releasing of shipping information, maintain a fair and orderly shipping exchange market, and promote the development of shipping exchange and relevant business.
Shanghai Municipality shall support the Shanghai Shipping Exchange in, according to the state provisions, keeping recordation of the freight rates of container liners.
Article 26 The Shanghai Shipping Exchange and other specialized institutions shall, in light of the market demand, develop shipping index, and improve the international influence of Shanghai shipping index.
The Shanghai Shipping Exchange and other specialized institutions shall, according to the relevant state provisions, develop derivatives of shipping index.
Article 27 Shipping brokers, shipping agencies, and other shipping intermediary organizations may conduct cooperative operation with technology service agencies, financial service agencies, and other intermediary organizations, and establish a combo, so as to realize coordinated development.
Article 28 Shanghai Municipality shall support financial institutions in making use overseas and domestic institution network resources and electronic means to provide shipping-related enterprises with such financial services as financing, settlement, hedging, financial consultants, and information consultation.
The municipal administrative department of financial services shall promote the exchange of information on shipping financing, support shipping-related enterprises in, through bank loans, issuance of bonds and stocks, financial leasing, financing leasing, and other means, solving the problems in respect of demand for funds.
Article 29 Shanghai Municipality shall implement a shipping insurance product registration system, support insurance institutions in developing shipping insurance products, expanding business scope, and innovating on service mode.
Shanghai Municipality shall propel insurance institutions to establish shipping insurance operation centers in Shanghai, and foster shipping insurance markets and reinsurance markets. All types of shipping-related damage claims settlement institutions shall be supported in settling down in Shanghai to provide services with regard to the damages and compensation in shipping damage cases.
Shanghai Municipality shall support shipping enterprises in conducting captive insurance and mutual insurance business, and promote ship owners' mutual protection and indemnity organization in conducting protection and indemnity business.
Article 30 The municipal administrative department of traffic shall, in conjunction with relevant municipal departments and the people's governments of districts and counties, adopt measures to encourage competitive shipping-related enterprises and institutions to settle down in Shanghai.
Where shipping-related enterprises and institutions satisfy the conditions to determine regional headquarters, the people's governments of the municipality, districts and counties may provide aid in respect of their establishment, house rental, etc. In respect of outstanding contributions to the shipping economic development and good effectiveness achieved, the people's governments of the municipality, districts and counties shall grant award.
The municipal people's government shall create conditions to advance the establishment of international shipping organizations headquartered in Shanghai, participated in by major global shipping enterprises and shipping institutions. The shipping organizations in Shanghai shall be encouraged to vigorously participate in the development of international shipping rules, and improve the international influence of Shanghai International Shipping Center.
Chapter IV Development of the Innovation on Shipping Science and technology
Article 31 Shanghai Municipality shall support the establishment of high-level shipping science and technology research and development platforms, and, through the collaborative innovation of enterprises, universities and research institutes, raise the level of shipping science and technology.
Shanghai Municipality shall arrange funds to support and reward the research and development of key technologies of shipping equipment, core technologies, and significant new products.
The municipal administrative department of traffic shall, in conjunction with relevant municipal departments, adopt measures to support the promotion and implementation first in Shanghai of all types of achievements of the innovation on shipping science and technology.
Article 32 The municipal people's government and the relevant departments thereof shall, when making industrial planning and industrial policies, support the development of shipping-related e-commerce, telecommunications information, manufacture of high-end equipment, new energy, new materials, and other related emerging industries.
Shanghai Municipality shall encourage the establishment of efficient, safe and smart information networks, realize the centralized management and integrated application of shipping resources, and develop new business types of high-quality, value-added information service based on big data.
Article 33 Shipping-related enterprises shall raise the automation and smart level of key equipment of loading, discharge, transport, storage management, etc., gradually advance the integration of information with all parts including production, service and management, establish and improve logistics information platforms, provide dynamic information services throughout the whole process of logistics, and build a smart shipping service system. In respect of the loading, discharge, storage and transport of dangerous chemicals, information supervision shall be implemented throughout the process to ensure safe operation.
Article 34 Shanghai Municipality shall encourage shipping equipment manufacturing enterprises to strengthen the research and industrialization of energy conservation, environmental protection and other technologies, as well as new materials. The municipal administrative department of traffic shall support the marketing of energy efficient and low-emission means of transportation and mechanical equipment. Shipping enterprises shall, in a timely manner, replace or weed out transport vehicles and mechanical equipment featuring high energy consumption and heavy pollution.
Port operators and airport management institutions shall implement technology retrofits in respect of sewage treatment and recycle facilities, improve the pollutant and waste reception and disposition system, and strengthen the prevention and control of noise and air pollution.
Where the major ports and wharfs in Shanghai establish supporting shore power supply equipment and facilities, ships reaching port shall use shore power according to requirement. Airline enterprises shall be promoted in using bridge power supply equipment.
Shanghai Municipality shall, with relevant provinces and municipalities, advance the establishment of regional ship air pollutant emission control areas.
Article 35 Shanghai Municipality shall guide and support backbone ship manufacture enterprises in constructing state-level research and development laboratory centers of ships, oceanographic engineering equipment and marine equipment, set advanced technologies, cost efficiency, and efficient building as objectives, optimize the design of mainstream ship types, and improve the comprehensive technical and economic performance and market competitiveness of ship types.
Shanghai Municipality shall encourage ship manufacture enterprises in prioritizing the research and development of large container ships, liquefied gas carriers, passenger liners, and other ships.
Article 36 Shanghai Municipality shall vigorously serve the large aircraft strategy, support the research, development and manufacture of civil aircrafts, aircraft engines, airborne equipment, components, etc., and gradually develop an aviation industrial cluster and industrial chain; support the development of high-end aeronautical maintenance business, and establish aeronautical maintenance centers with international competitiveness; and support the development of airworthiness certification and aircraft operation review abilities, and propel the improvement of the airworthiness certification organization system.
Chapter V Development of Shipping Business Environment
Article 37 Shanghai Municipality shall, during the construction of Shanghai International Shipping Center, promote in accordance with the law the foreign investment access and market access negative list management system.
The municipal administrative department of traffic shall establish and disclose a shipping management power list and duty list, and create a stable, fair, transparent, and predictable business environment.
All relevant administrative departments shall, in accordance with the law, perform regulatory powers and duties, and establish and improve market behavior rules and service standards.
Article 38 The municipal port service departments shall cooperate with customs, inspection and quarantine, maritime affairs, frontier inspection, and other state institutions stationed in Shanghai in implementing the innovation on the regulatory systems at the ports in Shanghai, advance the building of international trade single windows, optimize the policies on transit without visa, simplify clearance procedures, advance the development of clearance facilitation and information as well as clearance integration, and realize the information exchange, mutual admission of supervision, and mutual help in law enforcement between the departments relating to port management.
Shanghai Municipality shall, according to relevant state provisions, advance the implementation of once declaration for multimodal transport, and once inspection at the designated place (place of exit), and apply the measure of direct release to the goods of which the sealing state remains unchanged at the transit place, save goods, means of transportation and packaging containers required to be subject to inspection and quarantine.
The municipal people's government shall provide necessary support for the state institutions stationed in Shanghai to improve services.
Article 39 The municipal administrative departments of traffic, economic information, etc. shall, in conjunction with the state institutions stationed in Shanghai, establish a comprehensive information service center of Shanghai International Shipping Center to facilitate enterprises and individuals in inquiring relevant information.
The shipping-related data which all the relevant administrative departments made or acquired, and involves no state secrets, business secrets or personal privacy shall, according to requirement, be entered into the comprehensive service platform, the disclosure of shipping data resources shall be advanced in an orderly manner, and the data sharing between government departments shall be promoted.
Article 40 The municipal administrative department of traffic shall, in conjunction with the municipal administrative department of human resources and social security, make the planning on the gathering and development and plans for cultivation and introduction in respect of shipping talents.
The municipal administrative departments of education and traffic shall, in conjunction with relevant municipal departments, establish shipping education and training bases to foster all types and all levels of specialized shipping talents.
The relevant departments of the municipal people's government and the people's governments of districts and counties shall improve supporting policies on the introduction of shipping talents, integrate the introduction, management and service resources in respect of shipping talents, improve the work and service platforms, implement the treatment for shipping talents in the aspects of household registration handling, residence permit, housing, medical care, child schooling, etc., and support shipping enterprises and institutions in through market-oriented mechanism introducing all types of outstanding shipping talents from home and abroad.
Shanghai Municipality shall support the development of shipping think tank so as to provide intelligence support to the construction of International Shipping Center.
Article 41 The people's courts in Shanghai shall improve the mechanism to try shipping ligation cases, and strengthen the executive force in respect of shipping cases.
The arbitration institutions registered and established in Shanghai in accordance with the law shall, pursuant to laws, registrations and international practices, improve the rules for arbitration over shipping, and raise the specialization level and internationalization degree of arbitration over shipping.
Shanghai Municipality shall support the development of shipping legal service business, encourage legal service institutions to conduct international exchange, expand the field of shipping legal services, and provide specialized shipping legal services to shipping institutions and relevant enterprises and individuals.
Article 42 The municipal people's government and the relevant departments thereof shall vigorously win over the support of the relevant state departments, and advance the creation of a tax system environment favorable to the sound development of shipping economy.
The tax departments shall improve the efficiency of tax collection services, and create a tax collection environment favorable to the enterprise development and fair competition.
Article 43 The relevant municipal administrative departments of traffic, etc. shall, according to the provisions on the administration of public credit information, collect for the municipal public credit information service platform the information relating to the credit of shipping enterprises, institutions and the responsible persons thereof which is made or acquired in the process of performance of powers and duties.
The relevant administrative departments of the municipality, districts and counties and the state institutions stationed in Shanghai shall, in the work of market access, goods clearance, policy support, etc., apply in accordance with the law facilitating measures to enterprises and individuals with good credit, and restrain and punish enterprises and individuals with poor credit.
Article 44 The municipal administrative departments of traffic, public security, work safety supervision, etc. shall, in accordance with their respective duties, effectively conduct safety regulatory work, and, team up with relevant state institutions stationed in Shanghai to jointly strengthen the risk management and control of high-risk and dangerous goods and establish a joint regulatory mechanism for high-risk and dangerous goods.
Shanghai Municipality shall, with other port cities along the Yangtze River, establish an integrated regional system for water transportation safety supervision, emergency rescue and eco-environment protection and control.
Article 45 The municipal people's government and the relevant departments thereof shall enhance the cultivation of shipping culture, promote the creation of a shipping cultural environment featuring complete service facilities, various products and significant characteristics of shipping culture, and general improvement of urban residents' shipping knowledge.
Chapter VI Supplementary Provisions
Article 46 This Regulation shall be in operation on August 1, 2016.