Provisions of Shanghai Municipality on Promoting E-commerce Development

(Adopted at the 7^th Session of the Standing Committee of the 13^th Shanghai Municipal People’s Congress on November 26, 2008)

Article 1

With a view to promoting this Municipality’s e-commerce development, these Provisions are formulated in accordance with relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
　　Article 2

These Provisions apply to the activities of promoting e-commerce development and relevant administration thereof in the administrative areas of this Municipality.

Article 3

The e-commerce regulated in these Provisions means the operating activities of selling goods and providing services via the Internet.
　　The enterprises engaged in e-commerce referred to in these Provisions include the enterprises setting up e-commerce application service platforms on the Internet (hereinafter referred to as the e-commerce platforms), the enterprises undertaking operating activities within the e-commerce platform, the enterprises setting up websites on the Internet selling goods or providing services, and other enterprises undertaking operating activities via the Internet.
　　Article 4

This Municipality’s promotion of e-commerce development shall follow the principle of the government giving impetus, enterprise setting the lead, operation based on the market and standardization according to laws.
　　Article 5

The municipal economic informatization administration shall take charge of organizing, guiding and coordinating the popularization of e-commerce as well as the informatization promotion and management related thereto.
　　The municipal commercial administration shall take charge of drawing up policies, measures, standards and rules for e-commerce development in the business field, and shall do a good job of promotion and management related thereto.
　　Other relevant administrative departments shall, in accordance with their respective functions and duties, do well in promoting e-commerce development and relevant management work.
　　District/county people’s governments and their relevant administrative departments shall, in accordance with their respective functions and duties, do well in promoting e-commerce development.
　　Article 6

The municipal economic informatization administration shall, jointly with the municipal administrations for development and reform and for commerce, work out this Municipality’s e-commerce development planning, bring it under this Municipality’s informatization development planning, and dovetail it with relevant industry development planning.
　　Article 7

The municipal economic informatization administration shall, jointly with relevant administrative departments and in accordance with this Municipality’s mid- and long-term planning of national economy and social development as well as social demands for basic communications network, make the development planning of basic information infrastructure.
　　Telecommunication operation enterprises shall intensify communication service ability and raise communication service level.
　　Article 8

This Municipality gives priority support to the following projects of promoting e-commerce development :
　　1. the construction of e-commerce platforms in major fields such as advanced manufacturing industry and modern service industry.
　　2. the construction of the e-commerce service system including electronic payment, security authentication, credit service and logistics information.
　　3. the research and development as well as popularization and application of e-commerce linchpin technologies.
　　The support method for the projects set out in the preceding clause shall be formulated separately by the Municipal People’s Government.
　　Article 9

The government procurement of this Municipality shall give priority to adopting the electronic mode, utilizing relevant e-commerce platforms to carry out information release, transaction, payment, credit rating and such other activities.
　　Article 10

The municipal administrations of economic informatization, commerce, development and reform, public finance, taxation, education, science and technology, statistics, human resources and social security, and financial services shall, in accordance with their respective functions and duties, do well in the following promotions of e-commerce development:
　　1. making and promulgating in a timely manner the directory of projects in conformity with those set out under Article 8 of these Provisions.
　　2. establishing an e-commerce statistical system, perfecting the system of e-commerce statistical indicators, and releasing e-commerce development reports on a regular basis.
　　3. organizing and carrying out the training on basic knowledge as well as application techniques of e-commerce; and cultivating and introducing all kinds of professionals suitable for e-commerce development.
　　4. pushing on the credit building in the e-commerce domain, and setting up public service platforms of market good faith.
　　5. adopting measures for business start-up guidance, information consultation, technical services and such others, supporting small- and medium-sized enterprises in conducting operating activities through e-commerce platforms.
　　6. pushing on the establishment of mechanisms for venture investment, financing guarantee and liability insurance in line with e-commerce development to press ahead with e-commerce development.
　　7 giving impetus to enterprises in using e-commerce to tap both domestic and foreign markets, and promoting transnational and trans-regional e-commerce collaboration and exchanges.
　　8. propelling the application of electronic signature and authentication technology, and supporting electronic authentication service agencies in realizing cross authentication.
    9. encouraging banks to popularize and perfect e-banking business, and supporting the development of third-party electronic payment service agencies.
　　Article 11

Administrative departments at all levels in this Municipality shall push ahead with the practice of management modes in line with e-commerce development, establish and perfect an electronic management system, an information-sharing system and a public service platform.
　　The municipal administrative departments of industry and commerce, quality and technical supervision, etc. shall establish and perfect an electronic query system of information on enterprise registration, organizational codes, all kinds of licenses and such others, and provide online query services for relevant information under the provisions on open government information.
　　Article 12

Related trade associations in this Municipality shall, in accordance with the provisions of laws and regulations, give play to the role of trade self-discipline and trade services, doing well in the following work on promoting the e-commerce development:
　　1. draw up and perfect rules and procedures on settling e-commerce-related disputes within trades, coordinating dispute matters among members, between members and non-members or between members and consumers.
    2. establish an e-commerce credit evaluation system within trades, and propel the intercommunication, interconnection and mutual admission of relevant credit evaluation.
　　3. put forward suggestions to the government department concerned on e-commerce-related standards, and push on member units to formulate e-commerce-related standards and organize the implementation thereof.
　　4. guide members to organize market expansion, release market information, recommend trade products or services by using e-commerce platforms; and carry out the training on trade e-commerce application and consultancy services depending on the demands of members.
　　5. study and draw up a demonstration contract text in line with e-commerce features and popularize its application.
　　6. such other work as may promote e-commerce development.
　　The relevant administrative departments under the Municipal People’s Government shall support trade associations in carrying out the activities provided in the preceding clauses, and provide guidance therefor.
　　Article 13

This Municipality shall establish and perfect a unified e-port data exchange platform, realize the electronic delivery of foreign trade control data to raise the clearance efficiency.
　　The municipal port, economic informatization and commercial administrations shall propel the expanded application functions of the e-port data exchange platform and provide support and convenience for foreign trade e-commerce.
　　Article 14

Enterprises undertaking electronic commerce shall, in accordance with relevant regulations of the State, obtain relevant licenses and publish the following information on their business webpages:
　　1. business licenses, organizational codes and other materials relevant to operating qualification.
　　2. permit registration of Internet information service or electronic verification identification of record registration.
　　3. product information such as permits and authentication certificates of products in business that shall be obtained according to laws, as well as product names and producers.
　　4. contact information such as business addresses, zip codes, phone numbers and e-mails.
　　Article 15

Enterprises undertaking electronic commerce shall, in accordance with relevant provisions of the State, make a record of information on transaction subject, quantity, quality, price, performance mode, liability for breach of contract and others in the e-commerce activity and retain the record for not less than two years, except for the provisions otherwise provided by the State.
　　The municipal administration of economic informatization shall push on the establishment of the third-party electronic data storage system, and provide services of transaction information storage and query.
　　Enterprises undertaking electronic commerce are encouraged to entrust the third-party electronic data storage system to save transaction information.
　　Article 16

Enterprises that need the collection of individual information in the course of undertaking electronic commerce shall explain to the information provider the purpose for collection and the range of use, and may not collect the individual information unrelated to the specific operating matter or use the acquired individual information beyond the range.
　　For the acquired individual information, necessary safety measures shall be adopted to guarantee it against leakage; and the acquired individual information shall not be transferred to the third party without the consent of the information provider.
　　The municipal administration of quality and technical supervision shall, jointly with the municipal administration of economic informatization, organize the formulation of the standards relating to e-commerce individual information collection.
　　Article 17

Enterprises undertaking electronic commerce that make commitments to consumers for the quality of goods or services, price, post-sale liability, etc. by means of making publicity such as commercial advertisement on the Internet shall have their goods or service quality, price, post-sale liability in line with their commitments. Where consumers, induced by the above-mentioned commitment, purchase goods or receive services, the enterprises undertaking electronic commerce shall take the commitments as contents agreed on.
　　Article 18

Enterprises establishing e-commerce platforms on the Internet shall, in accordance with State provisions, establish and perfect a network and information security system to guarantee e-commerce platform security.
　　Enterprises establishing e-commerce platforms on the Internet shall, under agreement, bear liability for keeping secret for operation information, available in the operation course, of the enterprises undertaking operating activities in their e-commerce platforms.
　　Enterprises establishing e-commerce platforms on the Internet shall establish a business license verification system, examining, checking up and retaining copies of relevant operating licenses of enterprises undertaking operating activities within their e-commerce platforms.
　 Enterprises establishing e-commerce platforms on the Internet, if finding any illegal activities within their electronic commerce platforms, shall call a halt and promptly report to the department concerned.
　　Article 19

The municipal administrative departments of industry and commerce, economic informatization and business affairs, etc. shall, jointly with the municipal consumer rights and interests commission, establish and perfect the following protection mechanisms for e-commerce-related consumer rights and interests:
　　1. consumer complaint handling mechanism. Perfect the consumer complaint system and set up a consumer complaint network with enterprises establishing e-commerce platforms on the Internet, providing consumers with convenience and guidance for filing complaints.
　　2. credit evaluation mechanism. Support enterprises establishing e-commerce platforms on the Internet in making credit evaluation for enterprises conducting business within their e-commerce platforms, and provide consumers with credit evaluation information.
    3. consumption information release mechanism. Release e-commerce-related consumption caution information and consumption guide message, and reveal verified matters about consumer complaints.
　　Enterprises undertaking electronic commerce, when providing consumers with purchase vouchers or service documents, shall conform to relevant provisions of the State or commercial conventions; with consent of consumers, they may provide such vouchers in electronic format. Purchase vouchers or service documents in electronic format may be taken as basis for consumer rights and interests protection organizations to handle complaints about consumption disputes. Enterprises establishing e-commerce platforms on the Internet are encouraged to provide the enterprises undertaking operating activities within the platform with a uniform format text of electronic purchase vouchers or service documents.
　　Article 20

Where laws and regulations provide for penalty for acts in violation of these Provisions, penalty shall be imposed as provided by laws and regulations.
　　Where an enterprise undertaking electronic commerce in violation of these Provisions has either of the following cases, the industrial and commercial administration shall make an order for correction within a prescribed time period, and may give warning; the enterprise which fails to make correction before the deadline is liable to a fine of between not less than 1,000 yuan but not more than 10,000 yuan.
　　1.failure to publish business license information on its operating webpage as required.
　　2.failure to provide purchase vouchers or service documents as required.
　　Article 21

The person-in-chief or other persons responsible in an administrative department, who neglect their duties, abuse their power or practice favoritism and irregularities shall be given disciplinary sanctions by the unit they belong to or by the higher level competent administrative department. If the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by laws.

Article 22

These Provisions shall be effective as of March 1, 2009.