Draft decision on Pudong New Area laws submitted to legislature

A draft of a decision authorizing the Shanghai Municipal People's Congress and its standing committee to make laws on Pudong New Area was submitted to the Standing Committee of the National People's Congress - China's top legislature - for review on Monday.

Conforming to the country's constitution and basic laws and regulations, the Pudong New Area laws should be made according to its needs for reform and innovation, according to the draft. The new laws will only be effective in Pudong.

The Constitution and Law Committee of the National People's Congress further explained in a document the laws to be implemented in Pudong will have equal status to laws in a special economic zone in terms of legislative competence.

It should be noted the Shanghai Municipal People's Congress and its standing committee should have Pudong's new laws filed at the Standing Committee of the National People's Congress and the State Council respectively. Further explanation will be needed when changes are made.

The State Council released in April a guideline to support Pudong's high-level of reform and opening-up. The guideline said a legal system should be set up in the area which is in line with its status.

While sticking to the constitution and current laws and regulations, changes can be made to laws, administrative regulations and department rules, which will only be effective in Pudong. For sectors where no laws or regulations are in place, Pudong is allowed to make administrative measures and submit records of them according to relative processes. Successful experiences and practices can be consolidated in the forms of laws and regulations at the right moment.

The Shanghai municipal government submitted to the State Council in May a request to have the Pudong legal support bill reviewed by the Standing Committee of the National People's Congress. The Ministry of Justice made the draft based on solicited opinions of all parties. The draft has received consent from the State Council in late May.