Provisions of Shanghai Municipality on the Protection of Investment Rights and Interests of Taiwan Compatriots
Announcement of the Standing Committee of the Shanghai Municipal People's Congress
No. 28
The Provisions of Shanghai Municipality on the Protection of the Investment Rights and Interests of Taiwan Compatriots, adopted at the 23rd Meeting of the Standing Committee of the 14th Shanghai Municipal People's Congress on September 24, 2015, are hereby promulgated and shall come into force as of November 1, 2015.
Standing Committee of Shanghai Municipal People's Congress
September 24, 2015
Provisions of Shanghai Municipality on the Protection of the Investment Rights and Interests of Taiwan Compatriots
(September 24, 2015, the 14th Shanghai Municipal People's Congress
(Adopted at the 23rd Meeting of the Standing Committee)
Article 1 In order to protect the investment rights and interests of Taiwan compatriots, encourage Taiwan compatriots to invest in this city, and promote economic and trade exchanges and economic integration and development between this city and Taiwan, these regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Investment by Taiwan Compatriots, as well as other laws and administrative regulations, and in the light of the actual situation of this city.
Article 2 The term "Taiwan compatriots' investment" as mentioned in these Provisions refers to companies, enterprises or other economic organizations invested and established by Taiwan compatriots in Taiwan or other regions of the mainland, other countries or regions, as well as individuals as investors, who invest and establish companies, enterprises and other economic organizations in this Municipality, or companies Investment and equity participation of enterprises and other economic organizations.
Article 3 These Provisions shall apply to the protection of the investment rights and interests of Taiwan compatriots and other relevant rights and interests within the administrative region of this Municipality.
Article 4 The protection of the investment rights and interests of Taiwan compatriots in this Municipality shall follow the principles of equality, fairness and transparency.
Article 5 The municipal, district and county people's governments shall strengthen their leadership over the protection of the investment rights and interests of Taiwan compatriots, establish and improve corresponding working mechanisms, and promote the protection of the investment rights and interests of Taiwan compatriots.
The competent Taiwan affairs departments of the municipal, district and county people's governments are responsible for the organization, guidance, management and coordination of the protection of the investment rights and interests of Taiwan compatriots.
In accordance with their respective responsibilities, the relevant departments of the city, such as development and reform, economic informatization, commerce, education, science and technology, public security, civil affairs, finance, human resources and social security, planning of land and resources, health and family planning, taxation, industrial and commercial administration, intellectual property, housing and urban and rural construction management, financial services, culture, film and television, etc., jointly do a good job in protecting the investment rights and interests of Taiwan compatriots.
Article 6 The investment, investment income and other legitimate rights and interests of investors of Taiwan compatriots shall be protected according to law. Companies, enterprises and other economic organizations invested and established by Taiwan compatriots or invested and held shares (hereinafter referred to as Taiwan compatriots invested enterprises) shall enjoy autonomy in operation and management according to law.
No government organ or unit may conduct inspections of enterprises invested by Taiwan compatriots other than those stipulated by laws, regulations and rules, or force or force in disguised form, in violation of State regulations, enterprises invested by Taiwan compatriots to participate in various training, evaluation, appraisal and assessment activities, or apportion or set up other charging items or raise charging standards.
Enterprises invested by Taiwan compatriots shall carry out production and business activities in accordance with the law, establish and improve the management system, carry out honest operation, and bear social responsibilities.
Article 7 The Municipal Taiwan Compatriot Investment Enterprise Association established according to law shall carry out activities in accordance with laws, regulations and the association's articles of association, strengthen the contact between members and relevant government departments, provide members with government industrial policy guidance, consultation and evaluation, education and training, market development and other services, and safeguard the investment rights and interests of members.
The Taiwan Affairs Department of the Municipal People's Government and other relevant departments provide guidance and services to the Association of Taiwan Compatriots Investment Enterprises.
Article 8 The Municipal Service Center for Taiwan compatriots provides public affairs services for Taiwan compatriots and enterprises invested by Taiwan compatriots through legal consultation, policy consultation, complaint and dispute coordination.
Article 9 This Municipality shall establish a unified public information service platform for Taiwan compatriots to invest in and establish an information and data sharing mechanism. The relevant departments of commerce, industry and commerce administration, exit and entry of public security, etc. shall provide information and data related to Taiwan compatriots' investment to the public information service platform for Taiwan compatriots' investment.
Taiwan compatriots investing in public information service platforms shall provide various information and policy advisory services for Taiwan compatriots and Taiwan compatriots investing enterprises.
Article 10 The arbitration institution registered and established according to law in this Municipality shall, in accordance with laws, regulations and international practices, arbitrate contract disputes or other disputes between investors of Taiwan compatriots and other subjects. Encourage arbitration institutions in this city to set up Taiwan related arbitration service windows to provide legal services related to arbitration for investors of Taiwan compatriots.
Taiwan compatriots who meet the conditions may be employed as arbitrators of the arbitration institutions of this Municipality.
Article 11 Support Taiwan compatriots to invest in the establishment of financial institutions, financial professional service institutions, financing guarantee institutions and small loan companies. Relevant policy support can be given to branches of financial institutions invested by Taiwan compatriots that are registered or moved to this city after being transformed into legal person financial institutions, as well as the headquarters of financial institutions that are newly registered or moved to this city.
Article 12 Where an enterprise invested by Taiwan compatriots establishes a regional headquarters in this Municipality, it shall, in accordance with the relevant provisions, provide convenience in fund management, entry and exit management, employment permit, talent introduction, etc.
Article 13 Support enterprises invested by Taiwan compatriots to participate in the construction of this city's science and technology innovation center. Taiwan compatriots are encouraged to invest in enterprises to set up research and development centers, participate in the construction of public service platforms for research and development, undertake government research projects, work with relevant units to tackle key problems in the core technology of the industrial chain, and provide relevant policy support in the transformation of scientific and technological achievements, innovation and entrepreneurship talent incentives, etc.
Article 14 In the China (Shanghai) Pilot Free Trade Zone, Taiwan compatriots are encouraged to invest in financial services, shipping services, trade services, professional services, cultural services, social services and advanced manufacturing industries.
Article 15 Guide and encourage Taiwan compatriots' investment enterprises to accelerate the implementation of industrial transformation and upgrading in accordance with the strategic requirements of the country and this city for innovation and transformation, and support the traditional manufacturing enterprises among them to carry out industrial restructuring, energy conservation and emission reduction technology transformation and cleaner production. We will support Taiwan compatriots to invest in small and medium-sized enterprises that are "specialized, refined, distinctive, and innovative", and ensure energy supply.
Enterprises invested by Taiwan compatriots may, in accordance with relevant regulations, use their existing houses and land to set up modern service industries such as information service industry, R&D and design, and creative industry.
Article 16 Support financial institutions to provide special credit for enterprises invested by Taiwan compatriots in this city. Financial institutions can support the development of Taiwan compatriots' investment enterprises through intellectual property pledge, equity pledge, supply chain financing, export credit insurance financing and other services.
Support Taiwan compatriots' investment enterprises to expand direct financing channels. Taiwan compatriots are encouraged to invest in enterprises listed or refinanced in the securities market. Taiwan compatriots are encouraged to issue corporate bonds, corporate bonds, convertible bonds, medium - and long-term bills, short-term financing bonds, etc. to raise funds. Taiwan compatriots are encouraged to invest in enterprises to raise funds through equity custody trading institutions in this city.
Support small and medium-sized enterprises invested by Taiwan compatriots to issue collective bonds and negotiable instruments. The intermediary service fees such as rating, audit, guarantee and legal advice borne by the issuance of collective bonds and collective bills may apply to the municipal department in charge of small and medium-sized enterprises for financial support.
Article 17 Support enterprises invested by Taiwan compatriots in patent application, trademark registration and copyright registration.
Enterprises invested by Taiwan compatriots may obtain subsidies for patent applications in accordance with the relevant provisions of this Municipality. Enterprises invested by Taiwan compatriots can obtain general consultation, rights protection consultation and other assistance services through the Municipal Intellectual Property Assistance Center, and those that meet the conditions can apply for special assistance. Support Taiwan compatriots' investment enterprises to conduct intellectual property assessment, registration, transaction transfer and other activities through the intellectual property transfer market.
The relevant departments of the municipal, district and county people's governments shall strengthen the protection of the intellectual property rights of enterprises invested by Taiwan compatriots, and deal with violations of the intellectual property rights of enterprises invested by Taiwan compatriots according to law.
Article 18 The investment of Taiwan compatriots investors shall not be nationalized or expropriated; Under special circumstances, according to the needs of social public interests, the investment of investors from Taiwan compatriots may be expropriated in accordance with legal procedures, and corresponding compensation shall be given. The compensation is equivalent to the value of the investment at the moment before the decision of expropriation, including the interest calculated at a reasonable interest rate from the date of expropriation to the date of payment, and can be converted into foreign exchange according to law, remitted back to Taiwan or abroad.
If the municipal, district and county people's governments and their relevant departments expropriate the movable or immovable property of investors from Taiwan compatriots in accordance with the law in response to emergencies, they shall make compensation in accordance with the law. After the use of the requisitioned realty or chattel, it shall be returned to the requisitioned person. If the requisitioned realty or chattel is damaged or lost, compensation shall be made according to law.
Article 19 The youth entrepreneurship fund set up in this Municipality can provide advisory services, project evaluation and financial support for Taiwanese youth to start businesses in this Municipality.
All kinds of college students' training bases in this city can provide internship and training opportunities for Taiwanese college students studying in universities in this city.
If Taiwan students who study or graduate from universities in Taiwan or other countries and regions practice or work in enterprises and institutions in this city, the relevant departments of human resources and social security, public security exit and entry and other relevant departments shall provide convenience according to regulations.
The Municipal Taiwan compatriots service center shall provide employment consultation and guidance services for Taiwan youth who are willing to work in this city.
Article 20 Taiwan compatriots investors, Taiwan compatriots legally employed in this city, and their spouses, children, and parents who live together in this city, shall enjoy the same treatment of medical and health services as the permanent residents of this city, and in accordance with the relevant provisions of this city, they shall enjoy basic public health services such as vaccination under the national immunization program. Medical institutions shall write and keep medical documents in accordance with regulations, and provide convenience for Taiwan compatriots to apply for reimbursement of fees from health insurance institutions in Taiwan.
The children of investors of Taiwan compatriots who live together in this city, and the children of Taiwan compatriots who legally work in this city who live together in this city may, in accordance with relevant regulations, enter kindergartens, primary and secondary schools (including secondary vocational schools) in this city, enjoy the same treatment as students in this city, and may enjoy appropriate care according to relevant policies.
Taiwan compatriots who start businesses and legally work in this city can apply for public rental housing in this city according to regulations.
Article 21 Taiwan compatriots investors and Taiwan compatriots legally employed in this city shall participate in social insurance according to relevant regulations.
The spouse and children of Taiwan compatriots investors who live together in this city, and the spouse and children of Taiwan compatriots legally employed in this city who live together in this city can participate in the basic medical insurance for urban residents of this city if they meet the relevant provisions of this city.
Article 22 Taiwan compatriots who own houses in this city shall enjoy the relevant rights and interests of owners according to law.
Support investors of Taiwan compatriots living in this city and Taiwan compatriots legally employed to participate in community public welfare activities, and ensure that they enjoy the right to know, the right to suggest and the right to participate in community public affairs according to law.
Article 23 Where an investor of Taiwan compatriots disputes his or her investment rights and interests with other subjects, or considers that his or her lawful rights and interests have been infringed upon, he or she may settle the dispute through the following ways:
（1） Negotiation and reconciliation or mediation;
（2） Apply for arbitration;
（3） Complaint to relevant government departments;
（4） Apply for administrative adjudication and administrative reconsideration;
（5） Bring a lawsuit to the people's court.
Article 24 After receiving a complaint from a Taiwan compatriot or an enterprise invested by a Taiwan compatriot, the competent department of Taiwan affairs or other relevant departments of the municipal, district or county people's government shall, unless otherwise provided by laws and regulations, reply to the complainant within 60 days on the handling of the complaint.
For complaints that should be handled by other relevant government departments, the competent Taiwan affairs departments of the municipal, district and county people's governments should transfer them to other relevant departments for handling within 15 days. Other relevant departments shall handle complaints within the time limit specified in the preceding paragraph, and notify the competent department of Taiwan affairs at the same level in writing of the handling situation while replying to the complainant.
Article 25 If the relevant departments and their staff members of the municipal, district and county people's governments violate these regulations and commit one of the following acts, the competent department at a higher level or the supervisory organ shall give administrative sanctions to the directly responsible persons in charge and other responsible persons according to law:
（1） Failing to handle complaints from Taiwan compatriots or Taiwan compatriots invested enterprises according to law;
（2） Failing to provide information and data to Taiwan compatriots' investment information public service platform in accordance with this provision;
（3） Illegal inspection of enterprises invested by Taiwan compatriots;
（4） Illegally forcing or in disguised form forcing enterprises invested by Taiwan compatriots to participate in various training, evaluation, appraisal and assessment activities;
（5） Illegally apportioning or setting up other charging items or raising charging standards to Taiwan compatriots' investment enterprises;
（6） Illegal expropriation or requisition of investment or movable or immovable property of investors of Taiwan compatriots.
Article 26 These Provisions shall come into force as of November 1, 2015.
