Provisions of Shanghai Municipality on Promoting the Development of E-Commerce

• Document Number：Announcement No.5 of the Standing Committee of the People’s Congress of Shanghai Municipality
• Area of Law： Science and Technology E-Commerce
• Level of Authority： Provincial Local Regulations
• Date issued：11-26-2008
• Effective Date：03-01-2009
• Status： Effective
• Issuing Authority： Shanghai Municipality People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the People's Congress of Shanghai Municipality
(No.5)
The Provisions of Shanghai Municipality on Promoting the Development of E-Commerce, which were adopted at the 7th session of the Standing Committee of the 13th People's Congress of Shanghai Municipality on November 26, 2008, are hereby promulgated, and shall come into force on March 1, 2009.
Standing Committee of the People's Congress of Shanghai Municipality
November 26, 2008
Provisions of Shanghai Municipality on Promoting the Development of E-Commerce
(Adopted at the 7th session of the Standing Committee of the 13th People's Congress of Shanghai Municipality on November 26, 2008)
Article 1 For purposes of promoting the development of e-commerce in this Municipality, these Provisions are formulated according to the relevant laws and administrative regulations and in light of the actual situations of this Municipality.
Article 2 These Provisions apply to the activities of promoting the development of e-commerce and the relevant management activities conducted in the administrative region of this Municipality.
Article 3 For the purpose of these Provisions, the term “e-commerce” refers to such operating activities as selling commodities and providing services via the internet.
For the purpose of these Provisions, the term “e-commerce enterprises” includes enterprises which set up e-commerce application service platforms on the internet (hereinafter referred to as e-commerce platforms), enterprises which carry out business operations through e-commerce platforms, enterprises which launch websites to sell commodities or provide services, and other enterprises which carry out business operations via the internet.
Article 4 Promoting the development of e-commerce in this Municipality shall be propelled by the government, led by enterprises and conducted according to the market principle and the relevant laws and norms.
Article 5 The administrative department for the computerization of economic information of this Municipality shall be responsible for organizing, guiding and coordinating the promotion of e-commerce and the promotion and management of the computerization of information.
The administrative department of commerce of this Municipality shall be responsible for working out the policies, measures, standards and rules for the development of e-commerce in the commercial field, and do a good job in the promotion and management work.
Other relevant administrative departments shall do a good job in the promotion and management of the development of e-commerce.
The people's governments of the districts and counties and their administrative departments shall do a good job in promoting the development of e-commerce according to their respective functions and duties.
Article 6 The administrative department of computerization of economic information of this Municipality shall, together with the administrative department of development and reform and the administrative department of commerce of this Municipality, make the e-commerce development planning of this Municipality, bring it into the development planning the computerization of information of this Municipality and make it consistent with other relevant industrial development planning.
Article 7 The administrative department for the computerization of economic information of this Municipality shall, together with the relevant administrative departments of this Municipality, organize the making of the information infrastructure development planning of this Municipality according to the mid- and long-term national economic and social development planning of this Municipality as well as the social demands for the basic communication network.
Telecommunication operators shall improve their capability to provide communication services and improve the service level.
Article 8 This Municipality gives priority to the following projects that promote the development of e-commerce:
1. projects of the construction of e-commerce platforms in such key fields as advanced manufacturing and modern services;
2. projects of the construction of such e-commerce service systems as the electronic payment system, the safety certification system, the credit service system and the logistics information system; and
3. projects of the research, development and promotion of key technologies in e-commerce.
The measures for supporting the construction of the above-mentioned projects shall be formulated by the Municipal Government in another initiative.
Article 9 This Municipal Government shall give priority to the electronic form and take advantage of the relevant e-commerce platforms to release information, do transactions, make payments, rate credit and conduct other activities.
Article 10 The administrative departments for the computerization of information relating to economy, commerce, development and reform, finance, tax, education, science and technology, statistics, human resources and social security and financial services of this Municipality shall do well the following work according to their respective functions and duties to promote the development of e-commerce:
1. working out the guide on the projects listed in Article 8 of these Provisions and publishing it in a timely manner;
2. setting up an e-commerce statistical system, improving the e-commerce statistical indicator system, and issuing reports on the development of e-commerce on a regular basis;
3. organizing trainings about the basic knowledge and application skills of e-commerce, and cultivating and introducing various kinds of professionals that promote the development of e-commerce;
4. enhancing the credit building in e-commerce and setting up a public service platform for the creditworthiness of market operators;
5. taking such measures as providing business-starting guidance, information consultation and technical services to help small and medium enterprises to carry out business operations through e-commerce platforms;
6. facilitating the establishment of mechanisms that promote the development of e-commerce, such as risk investment, financing guarantee and liability insurance;
7. urging enterprises to take advantage of e-commerce to explore both domestic and abroad markets so as to promote transnational and trans-regional cooperation and exchange in e-commerce;
8. promoting the application of digital signature and authentication technologies and supporting electronic authentication service institutions in realizing the objective of cross-authentication; and
9. encouraging banks to promote and improve e-bank services and supporting the development of third-party electronic payment service institutions.
Article 11 The administrative departments at all levels of this Municipality shall promote the management styles fitting the development of e-commerce and set up and improve an electronic management system, an electronic information exchange system and an electronic public service platform.
The administrative department for industry and commerce and the administrative department of quality and technical supervision of this Municipality shall set up and improve an electronic inquiry system for information with respect to the registration, organizational code and various licenses of enterprises, and provide on-line inquiry services about the relevant information according to the provisions on the disclosure of government information.
Article 12 The relevant industrial associations of this Municipality shall, according to the relevant laws and regulations, give play to their role in industrial self-discipline and industrial service and do a good job in the following work so as to promote the development of e-commerce:
1. working out and improving the rules and procedures for handling e-commerce disputes, and mediating the disputes between their members, between their members and non-members or between consumers;
2. setting up their respective inside e-commerce credit rating systems and improving the mutual-communication and mutual recognition in credit rating;
3. putting forward suggestions to the relevant governmental departments for formulating the relevant e-commerce standards and urging their member entities to work out the relevant e-commerce standards and put them into effect;
4. guiding their members to take advantage of e-commerce platforms to explore the market, release market information and recommend products or services of their industries, and providing industry-based e-commerce application trainings and consultancy services based on the needs of their members;
5. working out contract models according to the features of e-commerce and promoting the application of such models; and
6. other work that may promote the development of e-commerce.
The relevant administrative departments of the people's government of this Municipality shall support the relevant industrial associations in conducting the above-mentioned activities and provide guidance for them.
Article 13 This Municipality will set up a unified electronic port data exchange platform and constantly improve it so as to file the foreign trade data in the electronic form and improve the efficiency of customs clearance.
The administrative departments of port, computerization of economic information and commerce of this Municipality shall expand the functions and application scope of the electronic port data exchange platform so as to provide support and convenience for e-commerce in foreign trade.
Article 14 An e-commerce enterprise shall get the required certificate or license according to the relevant state provisions, and publish the following information at its webpage:
1. the business license, organizational code and other materials related to its business qualifications;
2. the electronic verification mark on the registration of the licensing or archive-filing of internet information service;
3. the permit and authentication certificates required for the products it operates, and such product information as product name and producer; and
4. its contact information, such as its business address, postal code, telephone number or e-mail.
Article 15 An e-commerce enterprise shall make records for such information in e-commerce as the subject matter, quantity, quality, price, means of performance, and liabilities for breach of contract, and keep such records for at least two years according to the relevant state provisions, unless it is otherwise provided.
The administrative department of computerization of economic information of this Municipality shall facilitate the establishment of a third-party electronic data keeping system so as to keep trading information and make it possible for people to consult such information.
E-commerce enterprises are encouraged to entrust the third-party electronic data keeping system to keep their own trading information.
Article 16 Where any enterprise needs to collect personal information in the process of doing e-commerce, it shall explain the purpose and scope of use of such information to the information provider, and may not collect any personal information unrelated to its business or use such information beyond the supposed scope of use.
Enterprises collecting personal information shall take necessary safety measures to ensure that such information is not disclosed, and may not transfer it to any third party without the consent of the information provider.
The administrative department of quality and technical supervision of this Municipality shall, together with the administrative department of computerization of economic information of this Municipality, organize the formulation of the standards for collecting personal information in e-commerce.
Article 17 Where any e-commerce enterprise makes a commitment with respect to the quality, price or after-sale responsibility of its commodities or services by publishing commercial ads on the internet or any other way, the quality, price or after-sale responsibility of the commodities or services provided by it shall be the same as promised. If consumers buy such commodities or accept such services because of the promise made by the enterprise, the promise shall be deemed as having been agreed upon.
Article 18 Enterprises which set up e-commerce platforms on internet shall set up and improve the network and information safety guarantee rules in accordance with the state provisions so as to guarantee the safety of their e-commerce platforms.
Any enterprise which sets up an e-commerce platform on the internet shall undertake the obligation of keeping confidential the business operation information about enterprises which carry out business operations through its e-commerce platform that it had access to in the process of business operations.
Any enterprise which sets up an e-commerce platform on internet shall set up a business license check system, check the business licenses of enterprises which carry out business operations through its e-commerce platform and keep photocopies thereof.
Where any enterprise which sets up an e-commerce platform on the internet finds out any enterprise operating illegally through its e-commerce platform, it shall immediately put an end to it and report it to the competent department.
Article 19 The administrative departments for industry and commerce, computerization of economic information and commerce of this Municipality shall, together with the Consumer Protection Council of this Municipality, set up and improve the following e-commerce-related consumer protection mechanisms:
1. the consumer complaint handling mechanism, which requires improving the consumer complaint system and setting up a consumer complaint network with enterprises that have set up an e-commerce platform on that internet so as to provide convenience and guidance for consumers;
2. the credit rating mechanism, which requires upholding enterprises that have set up an e-commerce platform on the internet to make credit rating of the enterprises that carry out business operations through such platforms and provide the credit rating results to consumers; and
3. the consumption information publication mechanism, which requires releasing e-commerce-related consumption warnings and advice, and disclosing the verified complaints made by consumers.
E-commerce enterprises shall issue purchase vouchers or service documents to consumers in accordance with the relevant state provisions or business practices. Upon the consent of consumers, such vouchers or documents may be issued in electronic form. Electronic purchase vouchers or service documents can be used as a basis for consumer protection organizations to handle consumption disputes or complaints. This Municipality encourages enterprises which have set up an e-commerce platform on the internet to provide unified formats of purchase vouchers or service documents for enterprises which carry out business operations through their platforms.
Article 20 For any act violating these Provisions, if there are punishment provisions governing it in any law or regulation, such provisions shall apply.
Where any e-commerce enterprise falls under either of the following circumstances as in violation of these Provisions, the administrative department for industry and commerce shall order it to correct within a certain time limit, and may give it an admonition. If the enterprise fails to correct within the time limit, the administrative department for industry and commerce shall impose a fine of 1000 yuan up to 10,000 yuan:
1. failing to publish its business license information on its webpage; or
2. failing to provide purchase vouchers or service documents as required.
Article 21 Where the direct person-in-charge or any other liable person of an administrative department neglects his duties, abuses his power or engages in malpractice for personal gains, the entity where he works or the administrative department at the higher level shall impose an administrative sanction on him. If any crime is constituted, he shall be subject to corresponding criminal liabilities.
Article 22 These Provisions shall come into force on March 1, 2009.