Laws of the Shanghai Province

(Promulgated on April 1, 2002 by Decree No.119 of the Shanghai Municipal People' s Government)

The municipal people' s government has decided after careful study to revise 19 government regulations including the "Procedures of Shanghai Municipality on the Implementation of Plant Quarantine" as follows:

1. Revisions of "Procedures of Shanghai Municipality on the Implementation of Plant Quarantine" :

(1) The content of Chapter VI "Quarantine of Varieties Introduced from Abroad" is deleted.

(2) Article 3 is revised as: "Shanghai Municipal Agricultural and Forestry Bureau (hereinafter referred to as MAFB) is in charge of the whole Municipality' s plant quarantine work. Its affiliated Shanghai Municipal Station of Plant Protection and Inspection is the Municipality' s agricultural plant quarantine organization, responsible for the Municipality' s agricultural plant quarantine work. All county agriculture bureaus and Shanghai Municipal Farms Administration Bureau (hereinafter referred to as MFA) are in charge of the agricultural plant quarantine in their respective jurisdictions, and the executive organizations are their affiliated plant protection and inspection stations."

(3) An article is added as Article 16: "The unit and individual person that need to introduce seeds and saplings from abroad shall go through relevant examination and approval formalities according to State stipulations and shall conform to the State quarantine requirements for overseas plants."

(4) The original Article 19 is revised as: "The plant quarantine organization shall perform origin quarantine on seeds and saplings breeding bases such as fine varieties farms and seedling nurseries, and the seeds and saplings breeding units shall give assistance in the origin quarantine work."

(5) The original Article 28 is revised as: "In the transfer of plants and plant products subject to quarantine, the unit (or individual person) that makes the out-transfer shall apply for quarantine to the plant quarantine organization and the plant quarantine personnel shall perform quarantine according to the Quarantine Operating Rules and collect transfer quarantine fees according to relevant provisions of these Procedures. Those that pass the quarantine inspection will get the plant quarantine certificates. If the origin quarantine has been performed, the unit or individual person that makes the out-transfer shall exchange the Certificate of Origin Quarantine for the plant quarantine certificate with no payment of transfer quarantine fees."

2. Revision of "Procedures of Shanghai Municipality on Foreign-invested Enterprises' Enjoying Preferential Treatment for Technology-intensive and Knowledge-intensive Projects" :

The words "promoting foreign exchange earnings by exportation" in Article 4 Item (2) are deleted.

3. Revision of "Interim Provisions of Shanghai Municipality on Outlawing Unlicensed Operations and Illegal Trading Markets" :

Article 10 is deleted.

4. Revision of "Procedures of Shanghai Municipality on the Administration of Eel Fry Resources" :

Article 13 Clause 2 is deleted.

5. Revision of "Procedures of Shanghai Municipality on the Administration of Fixed Source Noise Pollution Control" :

Article 15 is deleted.

6. Revision of "Procedures of Shanghai Municipality on the Administration of Bulk Cement" :

Article 17 is deleted.

7. Revision of "Procedures of Shanghai Municipality on the Administration of Levy and Use of the Water Fee for Water Supplied by Conservancy Project and Dyke Maintenance Fee" :

The levying standard of dyke maintenance fee in Part 2 is revised as:

(2) The levying standard: The dyke maintenance fee is levied at one per cent of the levy of circulating tax (product tax, value-added tax, business tax) that such fee-paying unit and individual person shall pay. For township and town enterprises, the levy is calculated at one per cent of their profits realized in the current year.

8. Revisions of "Procedures of Shanghai Municipality on the Administration of Levy of Highway Road Tolls" :

(1) Article 13 is revised as:

The levying standard of road tolls shall be put forward by the municipal administrative department of price control jointly with the municipal administrative department of finance and the municipal public works bureau, and be implemented upon approval by the municipal government.

(2) Article 14 and Article 15 Clause 1 Item (5) are deleted.

(3) "Article 26 of these Procedures" in the original Article 29 Item 1 and Article 30 is revised as "Article 25 of these Procedures" .

9. Revision of "Procedures of Shanghai Municipality on the Administration of Road and Waterway Transportation Service Industry" :

Article 5 Item (2) is deleted.

10. Revisions of "Procedures of Shanghai Municipality on the Administration of Use of Land by Foreign-invested Enterprises" :

(1) Article 14 Clause 1 is revised as:

Advanced technology-type foreign-invested enterprises outside the busy downtown district of the Municipality' s are exempt from land-use fees within 3 years from the establishment date of the enterprise and shall make payment according to preferential standard from the fourth year. But the case listed in Article 13 Clause 2 of these procedures is an exception.

(2) Article 14 Clause 2 is revised as:

Advanced technology-type foreign-invested enterprises outside the busy downtown district of the Municipality' s, if failing to pass the annual check or having relevant confirmation certificates revoked according to law, shall make up for land-use fees of the current year according to the standard for general foreign-invested enterprises.

11. Revisions of "Provisions of Shanghai Municipality on Safety Glass Used and Installed on Buildings" :

Article 6 is revised as:

Domestically made safety glass and relevant materials used on buildings shall conform to the State standards, trade standards, and local standards, and shall have the product quality certification document and the product quality certificate of producing enterprise as stipulated by the State.

The technical and quality standards of imported safety glass and relevant materials used on buildings shall not be lower than the technical and quality standards of products of the same kind produced domestically. When importing safety glass and related materials, the materials importing unit shall ask for the technical quality standard and the quality certificate of the product and other relevant data. The materials importing unit or supplying unit shall provide materials purchasing units with the technical quality standard and the quality certificate of the product and other relevant data.

The building unit or construction unit, when purchasing safety glass and related materials, shall ask for the product quality certificate from overseas suppliers, the materials importing unit or supplying unit; those who purchase imported safety glass and related materials shall ask for the product technical quality standard and relevant data. It is not allowed to use any product without the above-mentioned data.

12. Revisions of "Procedures of Shanghai Municipality on Examination and Approval of Drawing-up of Urban Detailed Planning" :

(1) Article 11 Clause 2 is revised as:

Out-of-town urban planning designing unit that need to conduct urban detailed planning designs in this Municipality shall report to the Municipal Planning Bureau for the record.

(2) Article 11 Clause 3 is revised as:

Urban planning designing units of Hong Kong and Macao special administrative areas and Taiwan region and overseas that need to conduct urban detailed planning designs in this Municipality shall follow the State' s relevant stipulations.

13. Revision of "Interim Procedures of Shanghai Municipality on the Lease of State-owned Land" :

Article 12 is revised as:

The rent for leasing land shall conform to the market price level and shall not be lower than this Municipality' s foreign-invested enterprises' land-use fee standard.

14. Revisions of "Procedures of Shanghai Municipality on Administration of Prevention and Control of Waste Edible Fat and Oil Pollution" :

(1) Article 4 Clause 1 is revised as:

The Shanghai Municipal Commercial Commission is responsible for coordinating this Municipality' s retrieving and processing work of waste fat and oil.

(2) Article 7 is revised as:

The unit engaged in retrieving or processing waste fat and oil shall be determined by the Municipal Environmental Protection Bureau through public bidding. The Municipal Environmental Protection Bureau shall publish to society the matters such as names, business locations, and legal representatives of waste fat and oil retrieving and processing units.

The waste fat and oil discharged by catering units and food processing units shall be retrieved and processed by the units determined according to the provision in the preceding clauses.

(3) Article 8 Clause 1 Item (2) is revised as:

Having the agreement signed with the waste fat and oil processing unit determined according to the provision in Article 7 of these Procedures.

(4) Article 9 Clause 1 Item (2) is revised as:

Having the agreement signed with the waste fat and oil processing unit determined according to the provision in Article 7 of these Procedures.

(5) Article 11 Clause 1 is revised as:

The unit engaged in the activity of retrieving and processing waste fat and oil shall set up the day-to-day account settlement system for the retrieval and sale of waste fat and oil, and make a clear record.

(6) Article 11 Clause 3 is revised as:

The unit engaged in the activity of retrieving waste fat and oil shall not sell waste fat and oil to any unit and individual person other than the waste fat and oil processing unit determined according to the provision under Article 7 of these Procedures.

(7) Article 12 is deleted.

(8) Article 13 Clause 1 Item (3) is revised as:

Those who sell waste fat and oil to any unit and individual person other than the waste fat and oil retrieving and processing unit determined according to the provision under Article 7 of these Procedures shall be given warnings by the municipal or district/county environmental protection bureau and may be cumulatively penalized with a fine of between not less than 1,000 yuan and not more than 30,000 yuan.

(9) Article 13 Clause 1 Item (5) is revised as:

Any unit or individual person other than the waste fat and oil retrieving and processing unit determined according to the provision under Article 7 of these Procedures, if engaged in retrieving or processing waste fat and oil, shall be fined between not less than 500 yuan and not more than 30,000 yuan by the municipal or district/county environmental protection bureau.

15. Revision of "Procedures of Shanghai Municipality on the Administration of Project Equipment Supervision and Management" :

The words of "and of this Municipality" in Article 17 Clause 2 are deleted.

16. Revisions of "Provisions of Shanghai Municipality on the Administration of Fire-fighting Supervision" :

(1) Article 10 Clauses 1 and 3 are deleted. Clause 2 is made as Clause1, and Clause 4 as Clause 2.

(2) Article 11 is deleted.

(3) Article 13 is deleted.

(4) Article 14 Clause 1 is deleted. Clause 2 is made as Clause 1.

17. "Procedures of Shanghai Municipality on the Administration of Hygiene of Aquatic Products Eaten Raw"

(1) Article 9 is deleted.

(2) Article 10 is revised as:

Those who deal in aquatic products eaten raw, when replenishing their stock, shall check if the producers of aquatic products eaten raw have the Special Hygiene License and the product quality inspection certificate.

Operators shall not deal in aquatic products eaten raw produced by producers without the Special Hygiene License,.

18. Revision of "Procedures of Shanghai Municipality on the Administration of Medical Institutions" :

Article 46 Clause 1 Item (4) is revised as:

Failure to follow the State' s relevant stipulations in introducing new medical technology and project or failure to have the approval of the municipal public health administrative department in conducting premarital medical check-up, diagnosis of hereditary disease, prenatal diagnosis, artificial insemination and other special technical services of maternal and child health-care;

19. Revisions of "Provisions of Shanghai Municipality on the Administration of Copyright" :

(1) Article 7 is revised as:

Any newspaper publisher, periodical publisher, radio station, television station, and sound recording producer, when using other person' s published works, may, according to the "Copyright Law of the People' s Republic of China" , seek no permission from the copyright owner, but need to pay remuneration, according to the remuneration standard set by the State, to the copyright owner before using such works or within 30 days from the date of using such works; if the name and address of the copyright owner are not quite clear, such remuneration may be paid through the following organizations:

(1) Remuneration for using musical works may be paid through the Shanghai office of China Musical Copyright Association;

(2) Remuneration for using other works may be paid through the agency designated by the Municipal Copyright Bureau.

For holding commercial stage performances, the organizer of the performances shall pay remuneration.

(2) Article 8 is revised as:

In commercial business activities, for using other person' s works through technical equipment, the operator shall get permission from the copyright owner or the collective management organization of copyrights and pay remuneration.

In addition, according to this decision, corresponding readjustments and revisions are made to the wording of some clauses or the order of articles, clauses and items of these 19 government regulations including the Procedures of Shanghai Municipality on the Implementation of Plant Quarantine.

The 19 government regulations including the "Procedures of Shanghai Municipality on the Implementation of Plant Quarantine" are hereby revised appropriately according to this decision and re-promulgated.

This decision shall become effective on April 1, 2002 .