(Promulgated by Decree No. 54 of Shanghai Municipal People’s Government on August 26, 2021)

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to regulating and safeguarding this Municipality’s integrated online public resources transactions, and building a perfect market allocation system and mechanism of factor resources, these Procedures are formulated according to the Tendering and Bidding law of the People’s Republic of China, the Government Procurement Law of the People’s Republic of China, and the Regulations of Shanghai Municipality on Optimizing Doing Business Environment, and other relevant laws and rules, and the in light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Procedures apply to all kinds of public resource transactions, the construction, operation and service of public resources trading platforms (hereinafter referred to as the trading platforms) and relevant supervision and administration activities within the administrative area of this Municipality.  Where laws or rules provide otherwise, such provisions shall prevail.

Article 3 (Basic Principles)

The transaction of public resources in this Municipality shall follow the principles of unified norms, openness and transparency, fair competition, and efficient service.

Article 4 (Consultation and Coordination Mechanism)

This Municipality shall establish a consultation and coordination mechanism for the integration and sharing of municipal public resources transactions (hereinafter referred to as the  consultation and coordination mechanism) to study, guide and coordinate major issues and important matters in the integration and sharing of public resources transactions. The municipal development & reform department shall undertake the routine work of the mechanism.

Article 5 (Departmental Responsibilities)

The municipal development & reform department shall be responsible for coordinating and promoting the integrated online transaction of public resources and the integration and sharing of the trading platforms, and perform the responsibility of comprehensive administration.

The competent departments of economy and informatization, commerce, science and technology, finance, planning and resources, ecology and environment, housing and urban-rural development, transportation, agriculture and rural affairs, state-owned assets administration, sports, and intellectual property shall, according to their respective functions and duties, participate in the construction of the trading platforms and perform their duties of industry regulation.

Article 6 (Equal Transaction)

This Municipality shall ensure that market players are equally engaged in the transaction of public resources.  No unit or individual may, by setting restrictive conditions on registration places or ownership type, hinder or exclude market players from entering the trading platform to conduct transactions, or illegally interfere in the activities of public resources transactions in any way.

Deputies to the people’s congresses, members of CPPCC committees, the general public, the news media, and industry associations shall be encouraged to supervise the activities of public resources transactions.

Article 7 (Regional Cooperation in the Yangtze River Delta)

This Municipality shall push the cooperation among the Yangtze River Delta region in  public resource transactions in such aspects as data sharing, electronic identity authentication, whole-process electronic transactions, and supervision and administration, and promote the interconnection of public resource trading platforms within the region and cross-regional transactions of public resources.

Chapter II  Catalogue of Transactions

Article 8 (Catalogue Administration)

This Municipality shall implement catalogue administration on the transaction of public resources, except for those involving state secrets and where laws and rules otherwise provide, public resources suitable for market allocation shall be included in the catalogue of transactions in accordance with the principle of compulsory entry. Items listed in the catalogue of transactions shall be transacted through the trading platforms.

The catalogue of transactions shall be formulated by the municipal development & reform department jointly with the competent departments of industries, and shall be published and implemented after examination and approval by the consultation and coordination mechanism.  The catalogue of transactions shall be adjusted in a dynamic manner.

Article 9 (Scope of Contents)

The following public resources transaction items that are suitable for market allocation shall be included in the catalogue of transactions:

1. the bidding and tendering for housing construction, public works, transportation, water conservancy, energy, information network and other construction projects;

2. the transactions of the right to use natural resources such as the right to use land and the right to draw water;

3. the transactions of equity rights of state-owned assets, state-owned intellectual property rights, state-owned technology, and rural collective assets, and of other equity rights;

4. government procurement of goods, projects and services;

5. the transactions of business operation rights such as franchise of infrastructure and public utilities, cooperative operation between government and private capital, advertising operation of public space, contracted operation of municipal public facilities and public places, etc.;

6. the transactions of intangible assets such as the right to undertake and operate, to name, to sponsor and to broadcast government-sponsored sports events;

7. the transactions of environmental rights such as carbon emission rights, energy use rights and pollutant discharge rights;

8. the bidding and procurement of mechanical and electrical equipment and products;

9. the disposal of assets involved in cases by judicial organs and administrative law enforcement departments according to law; and

10. those which other laws, rules, regulations or the Municipal People’s Government considers shall be included in the catalogue of transactions.

Article 10 (Catalogue Expansion)

The following public resource transaction items may, with the consent of the competent department of the industry, be included in the catalogue of transactions according to the procedures:

1.the transaction items allocated in a non-market-oriented way;

2. the transaction conducted through the secondary market; and

3. the procurement transaction using the government fiscal funds.

The data, technology and other factor resources with high social attention, which are conducive to improving the efficiency and benefit of factor flow and can be allocated in a market-oriented way shall be encouraged to be listed in the catalogue of transactions for administration according to the procedures.

Public resource transaction items not included in the catalogue of transactions shall be encouraged to enter the trading platforms for trading.

Chapter III  Trading Platforms and Trading s

Article 11 (Requirements for Unified Online Transactions)

The public resources of this Municipality shall be transacted online in a unified manner, and the transaction activities shall be carried out through the trading platforms.

The trading platforms shall implement unified systems and standards, share such information resources as subjects, transactions, experts, supervision and credit, so as to achieve dynamic traces of trading behavior, traceable processes and traceable responsibilities, and ensure that the trading behavior is regulated, the data is authentic, and that the whole process is open and transparent.

Article 12 (Trading Platforms)

The trading platforms consist of Shanghai Municipal Public Resource Trading Platform (hereinafter referred to as the Municipal Trading Platform) and the trading sub-platforms of construction project bidding, land trading ,government procurement and other sub-platforms.

The establishment of the Municipal Trading Platform shall be approved by the Municipal People’s Government. The trading sub-platforms shall be determined by the municipal development & reform department jointly with the competent departments of relevant industries and announced to the public.

It is forbidden to use government fiscal funds to establish new trading platforms for public resources transactions.

Article 13 ( Free Selection of Trading Platforms)

Market players may independently choose trading platforms to conduct transactions, except as otherwise provided by laws, rules, regulations and the State.

Article 14 (Comprehensive Expert Database)

This Municipality shall establish a unified comprehensive expert database for public resource transactions, integrate the resources of bid evaluation experts in various industries and fields, and register, select and manage bid evaluation experts through the Municipal Trading Platform.

The measures of this Municipality for the management of the comprehensive expert database of public resource transactions shall be formulated by the municipal development & reform department jointly with the competent departments of relevant industries.

Article 15 (Trading )

Shanghai Municipal Public Resource Trading  (hereinafter referred to as the Municipal Trading ) is established with the approval of the Municipal people’s Government and is responsible for the construction, operation and maintenance of the Municipal Trading Platform.

The trading sub-s of construction project bidding, land trading and government procurement shall be determined by the municipal development & reform department jointly with the competent departments of relevant industries, and shall be reported to the Municipal People’s Government for approval before being announced to the public.  The trading sub-s shall be responsible for the construction, operation and maintenance of the corresponding trading sub-platforms.

The Municipal Trading  and the trading sub-s of construction project bidding, land trading and government procurement (hereinafter referred to as the Trading s) shall build trading premises and trading facilities that meet the service standards and share the premises and facilities.

Article 16 (Approval and Filing)

Where a Trading  intends to handle such matters as name change, business scope adjustment, division or merger, and termination of services, it shall file an application to the municipal development & reform department or the competent department of the industry in advance.  After the municipal development & reform of department or the competent department of the industry performs the procedures of evaluation and submission for approval according to the relevant provisions, the Trading  shall apply to the relevant registration department for handling relevant matters according to law.

Where a Trading  intends to change such matters as the trading types, trading modes, trading rules, and major shareholders, it shall report to the municipal development & reform department or the competent department of the industry for approval.

Where a Trading  changes other matters or formulates or modifies relevant management systems, it shall, within 10 working days after the completion of the aforementioned matters, report to the municipal development & reform department or the competent department of the industry for filing on record.

Chapter IV  Whole-process Electronic Transaction

Article 17 (Requirements for Whole-process Electronization)

A Trading Platform shall carry out activities of public resource transactions electronically throughout the process, in all sessions of identity authentication, case acceptance, information release and response, bid evaluation, public announcement, contract signing, and file management.

Article 18 (Digital Identity Authentication)

Public resource transactions in this Municipality shall, by electronic certificates, digital certificates and other means, implement unified digital identity authentication to the initiators, responders (hereinafter referred to as the transaction parties), intermediary institutions and bid evaluation experts.

For the purpose of the preceding Paragraph, the initiators include the tenderers, purchasers, transferors, trustors, etc, and the responders include the bidders, suppliers, transferees, buyers, etc.

Article 19 (Entrustment and Agency Agreement)

If a transaction party entrusts an agency to transact, it shall sign an entrustment and agency agreement. The entrustment and agency agreement shall be signed or uploaded through the Municipal Trading Platform.

Article 20 (Unified Online Registration)

The Municipal Trading Platform shall provide the transaction parties with unified services such as online acceptance, information registration and transaction item registration.

Article 21 (Trading Information Release and Response)

Where the initiator publishes the trading information such as the trading announcements, trading documents and trading results, he/she/it shall do that through the Municipal Trading Platform.

If the initiator releases the trading information through other media, the time and content of the release shall be consistent with that released on the Municipal Trading Platform.

The responder may respond online through the Municipal Trading Platform.

Article 22 (Electronic Letter of Guarantee)

The responder may, according to the requirements of the transaction documents and contracts, submit the effective electronic bid bond and the electronic performance bond issued by a financial institution, and the initiator and the Trading  shall not restrict them or refuse to accept them.

A transaction party may apply for the issuance of an electronic bid bond or an electronic performance bond through the Municipal Trading Platform, and the Municipal Trading  shall not designate a financial institution to a transaction party.

The initiator may entrust a Trading  to collect, pay, return and manage the trading  deposit on its behalf.

Article 23 (Online Booking of Premises)

The initiators and the agencies may reserve trading venues online through the Municipal Trading Platform and conduct bid opening, bid evaluation, auction and other activities at the Trading .

Article 24 (Online Expert Selecting)

Where a bid evaluation is required for a public resource transaction, experts shall be randomly selected through the Municipal Trading Platform from this Municipality’s comprehensive expert database of public resource transactions.

If this Municipality’s comprehensive expert database of public resources transactions cannot provide experts meeting the requirements of the bid evaluation, it may, according to the provisions of relevant laws, rules and regulations, draw experts from the expert database of the State or other provinces or municipalities.

Article 25 (Electronic Bid Opening)

Where electronic bid opening is adopted in a public resource transaction, the initiator shall  conduct it openly through the Trading Platform at the time determined in the transaction documents.

Article 26 (Electronic Bid Evaluation)

A Trading Platform shall provide online bid evaluation services. Bid evaluation experts may conduct bid evaluation and submit bid evaluation reports through the Trading Platform.

Bid evaluation experts shall give their opinions independently according to law, and no unit or individual may interfere.

Article 27 (Public Announcement of Trading Results)

The initiator shall confirm the trading results within the statutory time limit and publish the trading results through the Municipal Trading Platform.

Article 28 (Electronic Contracts)

Transaction parties shall sign the contracts or upload the signed contract texts through the Trading Platform.

Where the competent department of the industry has provisions on the record of the contract, the transaction parties shall follow these provisions.

Article 29 (Electronic Payment Enquiry)

The Municipal Trading Platform shall be connected with the Treasury payment system, the tax control system, and financial institutions. Transaction parties may inquire about transaction price settlement, fee payment and electronic invoice issuance through the Municipal Trading Platform.

Article 30 (Electronic File for Reference)

The Trading  shall, in accordance with laws, rules, regulations,and relevant provisions, keep electronic transaction information and materials on file for reference.

Article 31 (Online Complaints)

Where a transaction party considers that the content of a trading document, or the trading process or trading results infringe upon his/her/its legitimate rights and interests, he/she/it may lodge a complaint to the competent department of the relevant industry through the Trading Platform.

The competent departments of industries shall make public the complaints acceptance method, handling procedure and handling time limit on the Municipal Trading Platform, and the handling result shall be fed back to the complainant in a timely manner.

Chapter V  Services and Supervision

Article 32 (Service List)

The municipal development & reform department shall, jointly with the competent departments of industries, work out the service list of the Trading , which shall be published after examination and approval by the consultation and coordination mechanism.

Article 33 (Fee Standard)

The Municipal Trading  shall, on the principle of guaranteeing small profits, determine the standard of transaction service charges and publicize it to the society.  Among them, service charges involving monopolistic transactions shall be included in the government pricing catalogue, and the fee standards shall be formulated by the municipal competent department of pricing.

The trading sub-s shall, in accordance with the relevant provisions of the State and the requirements of the competent department of the industry, determine the standard of transaction service charges and publicize it to the society.

Article 34 (Disclosure of Government Information)

The municipal development & reform department shall, jointly with the competent departments of industries and in accordance with the relevant requirements of the State, compile a catalogue of government information disclosure in the field of public resource allocation, which shall be published after examination and approval by the consultation and coordination mechanism.

The competent departments of industries shall disclose, through the Municipal Trading Platform, the specific information mentioned in the catalogue.

Article 35 (Disclosure of Service Information)

A Trading  shall take the initiative to disclose through the Municipal Trading Platform the services, transactions and other information, with the exception of the information of which the disclosure is prohibited by laws, rules or regulations, and that involving state secrets, trade secrets and personal privacy.

Article 36 (Unified Supervision)

This Municipality shall exercise unified supervision over public resource transactions.

The municipal development & reform department shall, jointly with the competent departments of industries, compile a list of regulatory powers and responsibilities for public resource transactions to fulfill their regulatory obligations for the Trading , and publish it after the examination and approval by the consultation and coordination mechanism.  The list of regulatory powers and responsibilities shall specify the requirement of comprehensive supervision and industry supervision, key matters requiring seamless supervision, and the matters requiring coordination and cooperation by the Trading .

The municipal development & reform department shall, jointly with the competent departments of industries, improve and regularly clean up the rules of this Municipality’s public resource transaction system and publish them on the Municipal Trading Platform.

Article 37 (Intelligent Supervision)

Trading platforms shall strengthen the integration and sharing of trading information. The Municipal Trading Platform shall use big data, cloud computing, artificial intelligence and other modern information technology to carry out online monitoring and analysis of public resource  transaction activities, promptly detect illegal trading acts and give automatic early warnings.

Article 38 (Credit Supervision)

The municipal development & reform department shall, jointly with the competent departments of industries, strengthen credit supervision in the field of public resource transaction, realize the connection between the Municipal Trading Platform and the National and Municipal Public Credit Information Service Platforms, and give credit incentives or disciplinary measures to transaction parties, intermediary institutions and bid evaluation experts according to law.

Article 39 (Assessment and Evaluation)

The municipal development & reform department shall, jointly with the competent departments of industries, establish an assessment and evaluation mechanism for the integration and sharing of public resource transactions to assess and evaluate the work in sharing the information of the trading platforms and the Trading s, transactions, experts, supervision, credit and venues.

Chapter VI  Legal Liability

Article 40 (Guiding Article)

Where laws or rules have already had provisions on punishment for the acts violating these  Procedures, such provisions shall prevail.

Article 41 (Administrative Responsibility)

Where the municipal development & reform department, the competent departments of industries or other relevant departments violate the provisions of these Procedures, the superior administrative department or the competent authority shall order them to make corrections, and the person(s) in charge directly responsible and other person(s) directly responsible shall be punished according to law.

Article 42 (Legal Liability for Transactions Not Conducted Through the Platform)

Where the initiator or the agency fails to transact, through the Trading Platform according to relevant provisions, the public resource transaction items listed in the catalogue of transactions, the municipal development & reform department and the competent department of the industry shall order them to make corrections according to their respective functions and duties, and give a warning or circular of criticism if the circumstances are serious.

Article 43 (Legal Liability of the Trading  and Its Staff)

Where the Trading  or its staff violate the provisions of these Procedures, the municipal development & reform of department and the competent department of the industry shall order them to make corrections according to their respective functions and duties, and give a warning or a circular of criticism to the person(s) in charge directly responsible and other person(s) directly responsible according to law.

Chapter VII  Supplementary Provisions

Article 44 (Trading Platforms Funded by Social Capital)

The construction of a public resource trading platform invested by social capital shall conform to the relevant provisions of the State and this Municipality, meet the requirements of industry supervision, and carry out relevant activities of public resource transaction according to law.

The public resource trading platform invested by social capital may be connected to the Municipal Trading Platform, for which the specific procedures shall be formulated by the municipal development & reform department jointly with the competent departments of relevant industries. Public resource trading platforms invested by social capital connected to the Municipal Trading Platform shall be administered by reference to these Procedures.

Article 45 (Effective Date)

These Procedures shall be effective as of October 1, 2021.