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Decision of Shanghai Municipal People's Government on Strengthening the Legal Guarantee for High-Level Reform and Opening-Up in Pudong New Area

07-21-2022

(July 30, 2021)

SMPG GO [2021] No. 16


Attention: All District People’s Governments, and all Commissions, Offices and Bureaus of the Municipal People’s Government:

In order to thoroughly implement the decisions and plans of the CPC Central Committee and the State Council on supporting the high-level reform and opening up of Pudong New Area and building a pioneer zone of socialist modernization, to establish, improve and support a legal guaranteeing system that is compatible with Pudong's bold trials and experiments as well as independent reform, and to guarantee Pudong’s efforts to become a vanguard of higher-level reform and opening up, a pace-setter in fully building a modern socialist country, a model that highlights the Chinese people's confidence in the path, theory, system and culture of socialism with Chinese characteristics, The following decisions are made to strengthen the legal guarantee of the high-level reform and opening up of Pudong New Area.

I. The Municipal People’s Government shall focus on the actual needs of initiating high-level reform and opening up and building a pioneer zone of socialist modernization in Pudong New Area, and shall, in accordance with the laws, rules and the Decision of the Standing Committee of Shanghai Municipal People’s Congress on Formulating Rules and Regulations of Pudong New Area to Strengthen the Legal Guarantee for High-Level Reform and Opening-Up in this Area as well as other provisions, timely request the Municipal People's Congress and its Standing Committee to formulate rules for implementation in Pudong New Area.

II. The Municipal People’s Government shall, in light of the actual circumstances, formulate and revise the relevant regulations of the Municipal People's Government or make special provisions in the relevant regulations of the Municipal People's Government to promote and guarantee the Pudong New Area to play a better role as a vanguard and a pace-setter in higher-level reform and opening up. 

III. The Municipal People's Government may decide to temporarily adjust or suspend the application of part of the provisions of the Municipal People's Government’s regulations in Pudong New Area within a certain period, and the government of Pudong New Area may formulate administrative normative documents on the matters involved and implement them in Pudong New Area. For the actual practices that have proved to be feasible, the relevant regulations of the Municipal People's Government shall be revised and improved hereby, Where they are proved unsuitable for adjustment, the relevant regulations of the Municipal People's Government shall retain.

IV. The Municipal People's Government may decide to temporarily adjust or suspend the application of part of the provisions of the normative documents of the Municipal People's Government in Pudong New Area within a certain period, or upon the approval of the Municipal People's Government, the government of Pudong New Area may formulate administrative normative documents clarifying the temporary adjustment or suspension of part of the provisions of the normative documents of the Municipal People's Government.

V.  The General Office of the Municipal People’s Government and the Municipal Bureau of Justice, shall coordinate and work with the Pudong New Area Government and the relevant departments of the Municipal People’s Government to establish a regular working mechanism for temporarily adjustment or temporarily suspension of the application of government regulations and normative documents of the Municipal People’s Government.

VI. For the areas without applicable laws, rules or explicit provisions, the government of Pudong New Area shall be supported by the Municipal People's Government to formulate relevant administrative measure, and report them as required for implementation in accordance with the procedures.

The government of Pudong New Area shall establish and improve the evaluation mechanism for the implementation of the administrative measures, and put forward suggestions on transforming the administrative measures into regulations of the Municipal People's Government in accordance with the law.

Relevant departments of the Municipal People's Government shall establish a regular working mechanism with the government of Pudong New Area, and shall, as required, promptly solidify in the form of regulations of Municipal People's Government the experience and practices gained and formed in the explorative administrative measures.

VII. The relevant departments of the Municipal People’s Government shall strengthen the overall planning and coordination with the government of Pudong New Area to form a joint effort to meet the requirement of a legal guarantee of promoting and safeguarding the high-level reform and opening up and the construction of a pioneer zone of the socialist modernization construction.

This Decision shall be effective as of August 1, 2021.