Laws of the Shanghai Province

1. The "great customs clearance" project is the objective requirement of enhancing Shanghai ports' international competitiveness in an all-round way. Aiming at raising the work efficiency in Shanghai ports, the "great customs clearance" should take the initiative to meet the demands of building Shanghai into one of the international shipping centers, enhance the international competitiveness of Shanghai ports in an all-round way and strive to ensure that the Shanghai Port is internationalized and standardized, applies IT and manages according to law.

2. The "great customs clearance" project is the objective needs of further improving Shanghai soft environment of investment and reducing business costs. We will deepen the "great customs clearance" work to build the Shanghai ports into ones with the most standardized supervision and management, the most convenient customs clearance, the most rational charge and the most efficient service, further improve Shanghai trade and investment environment and ensure that domestic and foreign import and export enterprises enjoy convenient and efficient customs clearance services at the Shanghai ports.

3. The "great customs clearance" project is the objective needs of reflecting Shanghai's service to the Yangtze River Delta and the whole country. To deepen the "great customs clearance" project we must increase the awareness of "large-scale cooperation" , as it is a systems engineering involving a lot of units and links which influence each other. The departments and enterprises involved in the "great customs clearance" project must perform their own functions, assume their own responsibilities, act in close coordination and make concerted efforts from the perspective of serving the Yangtze River Delta area and the whole country. They must publicize their promises in promoting the "great customs clearance" project and raising work efficiency so as to accept social supervision and strengthen unified coordination.

II. To explore "all-weather" customs clearance work system and optimize the "one-gate" service

1. To try out the "5+2 day" customs clearance work system and the system of application for inspection and customs declaration by appointment. In order to build Shanghai into one of the international shipping centers, we should further improve the ports' service and increase the work time of customs clearance at the ports. The original 5-day work system and the system of application for inspection and customs declaration by appointment will be changed into a trial "5+2-day" work system and a system of application for inspection and customs declaration by appointment at night and on-the-spot inspection and clearance at relevant ports. Import and export enterprises with such requirements, especially key enterprises, will be provided all-weather services.

2. To extend the "7x24-hour" customs clearance service of the Waigaoqiao Free Trade Zone and the Songjiang Export Processing Zone. On the basis of the 6-hour "direct clearance" mode of the Waigaoqiao Free Trade Zone and the 4-hour "speedy clearance" mode of the Songjiang Export Processing Zone, we will further improve service of "7x24-hour" customs clearance for airlift import and export goods in special regions, implement the application for inspection and customs declaration by appointment and 24-hour duty system. On the basis of improved supportive facilities, this system will be extended to all the export processing zones and other key regions so that more enterprises will enjoy the "7x24-hour" customs clearance service.

3. To accelerate the acceptance and clearance of entry-exit of means of communications and transportation. We will do our best to make the handling of formalities of clearance for entry-exit of means of communications and transportation in pace with that for import and export goods to ensure normal and speedy entry and exit of means of communications and transportation. We will introduce the mode of advance inspection of entry-exit of means of communications and transportation in an all-round way, accelerate the customs clearance of entry-exit ships and personnel and strive to make ships begin loading and unloading as they dock. The one-gate service and round-the-clock work system will be implemented in the inspection of entry-exit means of communications and transportation to truly serve the speedy clearance of goods.

4. To build a seaport international logistic service center and optimize the "one-gate" service. On the basis of the "one-gate" application for inspection and customs declaration service center of Shanghai Shipping Exchange, a more intensified seaport international logistic service center with better facilities and better service functions will be built on a new site in connection with the transformation of the Northern Bund. It will provide a complete set of services including application for inspection and customs declaration, government examination and approval, taxation and bank and other supportive services covering the entire seaport areas. It will provide convenient customs clearance services for import and export enterprises not only in the Shanghai region but also in the Yangtze River Delta area and the whole country.

5. To build an airport international logistic service center and optimize the "one-gate" service. We must make every effort to resolve the problems such as inadequate freight forwarding capacity in the airport warehouses and irrational planning and layout of logistics to meet the demands for convenient and efficient customs clearance. An airport international logistic service center will be built in the Pudong International Airport to provide the enterprises with the complete and convenient "one-gate" service for application for inspection and customs declaration and other necessary services. It will rationally arrange sites of inspection, supervision and management for customs and the administration of inspection and quarantine. The customs, the administration of inspection and quarantine and the port in the airport will be networked to resolve the issues such as sharing inspection and quarantine information, transmitting information of the customs and the administration of inspection and quarantine to the supervision and management zone and sharing airport ground agency information. The Pudong International Airport logistics information network will be built.

III. To accelerate the construction of an electronic platform with a wide range of network and complete service functions

1. To work out an overall plan of port IT application. We will use the experience of developed countries and regions in port IT application as reference and work out an overall plan of Shanghai Port IT application so as to realize unified coordination, unified standards, information sharing and concentrated handling of customs clearance logistic data with port IT application construction. We will enlarge the coverage of service functions of the electronic platform, network with the logistic information platforms of the main ports in the Yangtze River Delta area and push forward the construction of a multimodal transport information system so as to build a Yangtze River Delta logistic information network with Shanghai as the hub and network with main ports in the world. We will formulate and make public the management measures and operation procedures of entering the "great customs clearance" electronic platform with "one click" and make all the units in Shanghai ports have the electronic platform which can be "entered with one click ".

2. To promote the online management of processing trade electronic account books. Based on the successful experiment of the first batch of pilot enterprises and in line with the principle of taking enterprises as the principal part, the government providing proper financial aid, encouraging the advanced and promoting the work as a whole, we will promote the trial online management of processing trade electronic account books step by step and in a planned way so as to ensure that all the qualified processing trade enterprises with such demands will practice the online management of electronic account books.

3. To achieve the networking of key regions and the "great customs clearance" electronic platform. We will speed up the construction of the logistic information online network of key regions such as the Waigaoqiao Free Trade Zone and the Airport Logistics Park. We will improve the mode of online supervision and management of the Songjiang Export Processing Zone and build a system of logistic information of export processing zones to further strengthen the logistic information service function. At the same time, we will accelerate the online supervision and management of the Jinqiao Export Processing Zone and the newly approved export processing zones in Qingpu, Minhang and Caohejing.

4. To try out "one document for both application for inspection and customs declaration' . We will promote the one input of enterprises' data via the "great customs clearance" electronic platform, which will transmit the data for application for inspection and customs declaration respectively to the administration of inspection and quarantine and the customs so as to reduce the formalities for repeated enterprises input and improve the efficiency and accuracy of data input.

5. To promote port electronic customs clearance. We will expand the experiments in the paperless customs clearance, replace the affixation of seal to the paper with electronic signature and implement port electronic customs clearance. We will accelerate the development and application of electronic documents and propel the application of electronic import bills of lading and export documents for sea transportation. We will also develop and apply the electronic ship information declaration system.

6. To strengthen the service functions of the "great customs clearance" electronic platform. We will improve the 4 major service functions of transaction, customs clearance, logistics and payment of the "great customs clearance" electronic platform. We will push forward the construction of Shanghai back-up data center of the customs clearance data processing system. The center will have the data processing function and serve the Yangtze River Delta area so as to lay the foundation for the "great customs clearance" electronic platform serving the economic development of the Yangtze River Delta area and the Yangtze River valley.

IV. To combine guidance with promotion and expand the enterprise coverage of the "great customs clearance"

1. To expand the scope of enterprises adopting the customs clearance mode of "advance application for inspection, advance customs declaration and goods clearance" . We will vigorously guide import and export enterprises to strengthen their internal IT application and take the initiative to adopt the mode of advance application for inspection and customs declaration to further improve the rate of advance application for inspection and customs declaration as well as customs clearance.

2. To expand the scope of pilot enterprises adopting the mode of "direct" and "speedy" clearance. On the basis of improving supportive facilities, we will expand the "direct" clearance experiment in the Waigaoqiao Free Trade Zone to all the qualified manufacturing and processing enterprises in the zone and all the warehousing enterprises providing necessary services to the former. We will also expand the "speedy" clearance experiment in the Songjiang Export Processing Zone to all the qualified enterprises in the zone and gradually to all the qualified enterprises in newly approved export processing zones as in Jinqiao, Qingpu, Minhang and Caohejing.

3. To expand the scope of enterprises enjoying the "convenient customs clearance" . We will bring all the qualified enterprises with "high starting point, high-tech, high input and large equipment" whose annual total export volume exceeds US$ 10 million and which have demands for the "convenient customs clearance" , into the scope so that more enterprises will enjoy the convenient customs clearance.

V. To intensify charge management and reduce customs clearance cost

1. To check up items of charge. The necessary links and items of charge in the process of customs clearance should be made public. The items and standards of administrative and institutional charge and unselective service charge in the links of customs clearance must be verified again and made public on the principle of legality and rationality. Items of selective service charge will be implemented on the principle of "commission on one' s own" . As for the items of service charge, which has been determined by the market, the transparency of charge must be increased.

2. To lower the standards of charge. We will lower the standards of container (goods) fumigation service charge. Where the State has set the standards, we will implement the standards strictly; where the State has not set standards, the municipal department in charge of price will appraise and decide them separately in light of the fumigation service cost and following the principle of levying a lower charge. Based on the situation of experiment and extension of "one document for both application for inspection and customs declaration" , we will gradually merge the formalities of data input of the administration of inspection and quarantine and the customs and reduce the input charge. We will establish the foreign trade enterprise creditability and honesty mechanism and "green channel" and properly lower the rate of inspection on honest import and export enterprises. The customs and the administration of inspection and quarantine will concentrate the inspection points of imported containers as much as possible in key regions such as ports, free trade zones and processing zones to avoid the repetition of inspection and charge. We will lower the standards of charge for automobiles parking temporarily in the working area of the Pudong International Airport.

3. To standardize fee collection behaviors. We will cancel the link of management of truck agency service for taking delivery of imported containers. Except imported and exported consolidated goods, which must be handled according to relevant regulations, the freight forwarding of other goods will be handled generally on the voluntary principle. We will unify the standards of charge for inspection inside and outside the ports. The municipal department in charge of price will exercise unified administration of the charge for operation service rising from the inspection of the customs and the administration of inspection and quarantine. The standards of charge for clearing out the harbor will be verified again and decided by the municipal department in charge of price together with Shanghai Port Authority and the Shanghai Port Group Corporation on the principle of making up for costs.

VI. To promote standardized operation of international freight forwarding enterprises and freight forwarding market

1. To formulate service standards of Shanghai international freight forwarding trade. We will formulate and promulgate service standards of Shanghai international freight forwarding trade conforming to the requirements of the "great customs clearance" to guide the freight forwarding enterprises to operate in a standard manner. Freight forwarding enterprises should provide excellent and efficient services for import and export enterprises; make public their basic service items such as agency application for inspection and customs declaration, warehousing and container loading on the principle of legality and rationality. The fees must be clearly marked. The freight forwarding enterprises should provide a list of fees paid and collected on behalf of the goods owners to the latter and collect the fees according to the actual situation.

2. To establish the system of appraising trade conduct and the system of daily complaints. Public complaint mailboxes will be set in the department in charge of the freight forwarding trade and the freight forwarders association to receive daily complaints. A system of checking and handling daily complaints will be established. We will give play to the self-discipline function of the association and introduce the system of trade conduct appraisal. We will push forward the construction of the creditability and honesty system of Shanghai international freight forwarding trade, initiate a creditability and honesty proposal signed by member units of Shanghai international freight forwarding trade and implement the service promise system to accept social supervision.

3. To strengthen supervision and management of the freight forwarding market. If the "first generation" of enterprises approved by the Ministry of Commerce do not participate in annual examination or fail to pass the examination or if their management is bad, complaints are concentrated on them but they do not correct them, we will report, after they are verified and found to be true, to the Ministry of Commerce for canceling their certificates of approval. As for the "second generation" and "third generation" of enterprises without operation permit, we will implement the system of entrusting the "first generation" with accountability for neglect of duty and establish the system of accountability for neglect of duty. Shanghai departments such as foreign economic relations and trade commission, industry and commerce administration department, public security department, taxation and foreign exchange control department as well as the freight forwarding trade association will carry out trade rectification each year and punish severely the "second generation" and "third generation" of enterprises which seriously break the law, violate regulations, disrupt the market and jeopardize the interests of clients.

4. To cultivate a standardized freight forwarding market. We will make every effort to bring up a large number of freight forwarding enterprises with name-brand effect, ensuring that standardized operation and excellent service become the mainstream of the freight forwarding market and we will establish a freight forwarding market with standardized services and full competition. As for the large number of "second generation" and "third generation" of enterprises which are in the "gray area" of supervision, we will make full use of their strong ability of soliciting business and actively strive and ask the Ministry of Commerce to lower the access threshold of the freight forwarding trade so as to bring these enterprises into the orbit of regular operation.

VII. To improve the port administration mechanism

1. To improve the organization and functions of the port commission. The ports commission is the leading organ in charge of ports and the "great customs clearance" project under the municipal government. Its main duties are to discuss official business, conduct coordination and make decisions around the construction of Shanghai international shipping center and promotion of the "great customs clearance" work, establish a regular meeting system to plan, coordinate and decide the city' s important port affairs. The member units of the commission will earnestly do well their respective ports related work such as the "great customs clearance" work in accordance with the decisions of the commission in combination with their own duties.

2. The organization and functions of the port office. The office is the daily working body of the port commission and a functional department in charge of port affairs under the municipal government. It is responsible for implementing decisions of the port commission and guiding, pushing forward and coordinating the overall work relating the "great customs clearance" work

3. To improve the port work mechanism. We will improve the port commission meeting system and hold the plenary session of the port commission once each year to discuss ideas and measures of promoting Shanghai port work and the "great customs clearance" work. When an important work or issue arises, the meeting of the port commission will be held in time to discuss them and coordinate. We will improve the system of meeting of directors of the port offices and continue to maintain the practice of the meeting of directors of the port offices once quarterly. As an important work or issue arises, the meeting of the directors of port offices for discussion and coordination will be held in time. We will improve the system of liaison meeting of heads of accountable departments in director-level member units of the port offices and hold in time meetings on special subjects to coordinate the resolution of relevant issues in daily port work. We will improve the system of regular meetings of seaports and airports to brief on and coordinate the first-line work and issues of ports regularly.

VIII. To establish and improve port management laws and regulations

1. To formulate comprehensive port management laws and regulations. We will carry out research on and draft "the Procedures of Shanghai Municipality on Port Management" (provisional name) - the regulations of the government on port overall management, in order to provide legal guarantee for strengthening port construction and deepening the "great customs clearance" work.

2. To formulate management laws and regulations on port electronic platforms and electronic data. We will do research on and draft the Regulations on Electronic Data Management (provisional name) and the Regulations on Port Electronic Platform Construction and Management (provisional name). Before the relevant laws and regulations on port management are promulgated, departments such as the port office, the city information office, the customs, the administration of inspection and quarantine and the maritime bureau will jointly issue a document to lay down unified regulations on issues relating to electronic platform operation so that enterprises have rules and regulations to follow.