The State Council issued the "Comprehensive Alignment with International High-standard Economic and Trade Rules".
Promote the high level of the China (Shanghai) Pilot Free Trade Zone
Institutional Opening-up Overall Plan".
Guo Fa [2023] No. 23
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, and all ministries and commissions of the State Council, and all agencies directly under the State Council:
The "Overall Plan for Promoting High-level Institutional Opening-up in the China (Shanghai) Pilot Free Trade Zone in Connection with International High-standard Economic and Trade Rules" is hereby issued to you, please earnestly implement it.
State council
November 2023, 11
(This article has been abridged)
Fully align with international high-standard economic and trade rules
Promote the China (Shanghai) Pilot Free Trade Zone
The overall plan for high-level institutional opening-up
Supporting the China (Shanghai) Pilot Free Trade Zone (including the Lingang New Area, hereinafter referred to as the Shanghai Pilot Free Trade Zone) to align with international high-standard economic and trade rules and promote high-level institutional opening-up is an important measure to comprehensively deepen reform and expand opening-up in the new era. This plan is formulated in order to fully implement the promotion strategy of the pilot free trade zone, better play the role of the Shanghai pilot free trade zone, and build a national institutional-type opening demonstration zone.
1. General requirements
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 20th National Congress of the Communist Party of China, implement the overall national security concept, adhere to the general tone of seeking progress while maintaining stability, completely, accurately and comprehensively implement the new development concept, build a new development pattern, promote high-quality development, better coordinate the overall domestic and international situations, coordinate development and security, fully align with international high-standard economic and trade rules, steadily expand institutional opening-up such as rules, regulations, management and standards, and within the planning scope of the Shanghai Pilot Free Trade Zone. We will take the lead in building an institutional system and regulatory model that are in line with high-standard economic and trade rules, and explore new paths and accumulate new experience for comprehensively deepening reform and expanding opening-up.
2. Accelerate the expansion and opening up of trade in services
(1) Financial services
1. Encourage financial institutions and payment service providers to take the lead in introducing advanced international standards for electronic payment systems, and carry out cross-border authentication and electronic identification of digital identities. Support the introduction of overseas electronic payment institutions in accordance with laws and regulations. The electronic payment regulator shall disclose the relevant laws and regulations of electronic payment in a timely manner.
2. Under the framework of the national security management system for cross-border data transmission, financial institutions are allowed to transfer data required for daily operations overseas. Where the export of financial data is involved, the regulatory authorities may take regulatory measures based on the principles of national security and prudence, while ensuring the security of important data and personal information.
3. Deepen international cooperation in financial technology, facilitate financial institutions to carry out cross-border asset management, and provide domestic investment management, valuation and accounting services for fund products established overseas. Promote the pilot of e-RMB in an orderly manner, and explore the application scenarios of e-RMB in the field of trade. Under the premise of controllable risks, we will prudently explore the relaxation of restrictions on non-resident M&A loans in the Lingang Special Area, expand the applicable scenarios of loans, and support local financial regulators in researching and formulating business guidelines on the basis of fully summarizing the experience of individual pilot projects and comprehensively assessing the risk management situation.
4. Optimize the policies for the centralized operation and management of cross-border funds of multinational companies, support multinational companies to set up fund management centers, and improve capital pool arrangements. The construction of an international reinsurance board in the Lingang New Area. Support insurance funds to rely on relevant exchanges in the Shanghai Pilot Free Trade Zone to invest in gold and other commodities on a pilot basis.
5. Enhance the functions of the free trade account system, optimize the account rules, and realize the orderly and free flow of funds between the Shanghai Pilot Free Trade Zone and overseas in accordance with the law.
6. Study eligible asset management companies (excluding financial asset management companies, fund management companies, and local asset management companies) to carry out cross-border transfer of asset-backed securities, explore cross-border transfer of financial leasing assets, and pilot settlement in RMB. Support commercial factoring companies to handle commercial factoring business based on real international trade background under the premise of meeting the consistency requirements of import and export and foreign exchange receipt and payment.
(2) Telecommunications services
7. On the premise of not impacting quality and reliability, basic telecommunications enterprises are to provide reasonable and non-discriminatory treatment, promptly provide mobile phone numbers (non-IoT numbers) number porting services in accordance with laws and regulations, and continuously improve the quality of services.
8. On the premise of complying with laws, regulations, and industry management requirements, basic telecommunications enterprises are to further improve the mobile communications resale business service system, reasonably determine rates, and do not set discriminatory conditions.
3. Enhance the level of liberalization and facilitation of trade in goods
(1) Import of specific goods
9. Bonded goods that are temporarily allowed to enter the special customs supervision area of the Shanghai Pilot Free Trade Zone for repair from abroad shall be bonded and re-exported shall be exempted from tariffs, and tariffs shall be levied in accordance with regulations if they are not re-exported and converted to domestic sales.
10. Traders who import wine and distilled spirits in the Shanghai Pilot Free Trade Zone and whose domestic agents are registered in the zone are exempt from the Chinese translation of the trademark or trade name, as well as the expiration date, shelf life and latest sale date on the container, label and packaging. If the above date is shorter than expected by the consumer due to packaging problems, container problems or the addition of perishable ingredients, traders should make a statement.
11. If medical devices are imported into the Shanghai Pilot Free Trade Zone, and the domicile of the domestic agent designated by the overseas registrant or record-filing person is in the zone, the domestic agent may, under the effective control of the medical device quality management system, affix the Chinese label or sub-label in the special customs supervision area before sales or supply. The application of Chinese labels or sublabels shall be reported to the territorial drug regulatory department and subject to the supervision of the territorial drug regulatory department. The Customs and the territorial drug regulatory departments shall establish a working cooperation mechanism to share the above-mentioned information on imported medical devices with Chinese labels or sub-labels, and the Customs shall do a good job of customs clearance and inspection supervision in the import process based on the information provided by the territorial drug regulatory departments.
(2) Management of commercial cryptography products
12. Except for those included in the list of commercial cryptography import permits, restrictive measures are not to be employed for the import of commercial cryptography products that do not involve national security or the societal public interest.
13. Except for those involving national security or the societal public interest, it is not mandatory to formulate or implement technical regulations and conformity assessment procedures to obtain proprietary cryptographic information, or to require partnerships with domestic enterprises or the use of specific cryptographic algorithms for the manufacture, sale, distribution, import, or use of commercial cryptographic products.
14. Accelerate the advancement of the establishment of a commercial cryptography testing and certification system, encouraging the active adoption of commercial cryptography testing and certification results. Commercial cryptography products involving national security, the national economy and the people's livelihood, or the societal public interest shall be tested and certified by a qualified commercial cryptography testing and certification body before they can be sold or provided.
(3) Customs clearance facilitation
15. Optimize the operation mode of the international transit consolidation platform, attract global LCL enterprises to set up LCL centers in the Yangshan Special Comprehensive Bonded Zone, and allow multi-format operations such as export LCL and international transit dismantling and LCL. Transit goods that are shipped from overseas, reloaded, split and consolidated through Yangshan Special Comprehensive Bonded Zone, and then transported to other countries or regions will not be inspected (except as otherwise provided by laws and regulations).
16. For goods imported into the Shanghai Pilot Free Trade Zone, overseas exporters or manufacturers are allowed to apply to the local customs for advance ruling through their agents in the zone.
17. Simplify domestic quarantine measures for specific categories of imported goods that meet the requirements for quarantine treatment abroad.
18. Support foreign stakeholders to participate in the formulation and revision of relevant standards in the Shanghai Pilot Free Trade Zone on an equal footing in accordance with law. Except for those that need to be kept confidential in accordance with the law, when formulating local regulations and rules, the Shanghai Pilot Free Trade Zone shall solicit opinions from the public on the draft and its explanations, etc., for a period of not less than 60 days, and encourage important documents to be provided in foreign languages for reference at the same time.
19. On the premise of ensuring data security, support the establishment of a cross-border data exchange system for Shanghai's "single window" for international trade; Adopt internationally recognized standards and available open standards to enhance system compatibility and interoperability; To share information, experiences and best practices in the field of data exchange system development and management through international cooperation and to jointly develop data exchange system pilot projects.
20. Encourage logistics companies to optimize and innovate "last mile" distribution solutions. Pilot construction of automated driving intelligent test lane in Yangshan Port.
21. Carry out integrated management of areas and ports in the Yangshan Special Comprehensive Bonded Zone on a pilot basis, allow logistics and processing in the port area, and cancel the restriction on the storage period of goods. Under the premise of meeting the regulatory conditions, goods entering and leaving the Yangshan Special Comprehensive Bonded Zone through other ports in Shanghai such as Waigaoqiao Port Area and Pudong International Airport will be subject to the first-line customs clearance policy on a pilot basis.
(4) Customs supervision and law enforcement
22. The Shanghai Pilot Free Trade Zone shall set up relevant procedures to prevent the disclosure of confidential information submitted by relevant business entities to the Customs in accordance with laws and regulations (including information that may damage the competitive position of information providers once disclosed) without the authorization of the business entity.
23. For the import and export of suspected infringing and counterfeit goods, the customs shall take border measures ex officio. For suspected infringing and counterfeit goods found in transit, the customs may notify the customs of the country of destination of the goods with relevant information about the goods.
Fourth, take the lead in implementing high-standard digital trade rules
(1) Cross-border flow of data
24. Where enterprises and individuals truly need to provide data overseas due to business needs, and it meets the national security management requirements for cross-border data transmission, they may provide it overseas.
25. In accordance with the data classification and hierarchical protection system, support the Shanghai Pilot Free Trade Zone in taking the lead in formulating important data catalogs. Guide data processors to carry out self-assessment of the risks of data export, explore the establishment of a legal, safe and convenient mechanism for cross-border data flows, and increase the convenience of cross-border data flows.
26.在遵守网络管理制度前提下，消费者可使用不对网络造成损害的终端设备接入互联网和使用网上可获得的服务与应用。
27.实施数据安全管理认证制度，引导企业通过认证提升数据安全管理能力和水平，形成符合个人信息保护要求的标准或最佳实践。
(二)数字技术应用
28.支持上海自贸试验区参考联合国国际贸易法委员会电子可转让记录示范法，推动电子提单、电子仓单等电子票据应用。
29.加强全面数字化的电子发票管理，增强电子发票跨境交互性，鼓励分享最佳实践，开展国际合作。支持电子发票相关基础设施建设，支持对企业开展电子发票国际标准应用能力培训。
30.支持上海自贸试验区研究完善与国际接轨的数字身份认证制度，开展数字身份互认试点，并就政策法规、技术工具、保障标准、最佳实践等开展国际合作。
31.借鉴国际经验，研究建立人工智能技术的伦理道德和治理框架。支持设立人工智能伦理专家咨询机构。制定人工智能伦理规范指南，发布企业人工智能伦理安全治理制度示范案例。
32.支持可信、安全和负责任地使用人工智能技术。优化“人工智能+医疗器械”应用审评审批程序，对进入创新医疗器械特别审查程序的人工智能辅助诊断医疗器械加快审评审批。完善外资企业参与创新药物研发等领域人工智能创新合作的方式及要求。在保障安全前提下，探索开展高度自动驾驶车辆在高速公路和高架道路上测试及示范应用，加快推动智能网联汽车商业化应用。深入开展智能网联汽车高精度地图应用试点。
(三)数据开放共享和治理
33.建立健全数据共享机制，支持企业依法依规共享数据，促进大数据创新应用。支持建设国际开源促进机构，参与全球开源生态建设。支持探索开展数据交易服务，建设以交易链为核心的数据交易和流通关键基础设施，创建数据要素流通创新平台，制定数据、软件资产登记凭证标准和规则。
34.扩大政府数据开放范围，明确获取和使用公开数据方式，发布开放数据集目录。探索开展公共数据开发利用，鼓励开发以数据集为基础的产品和服务。
35.举办数字中小企业对话会，促进中小企业合作与数字化发展。支持中小企业利用相关平台、数字工具等参与政府采购。
36.推动境内外机构开展合作，搭建中小企业参与数字经济信息交流平台。支持开展数字包容性国际合作，分享数字经济可持续发展成果和最佳实践。
37.加强对非应邀商业电子信息的监管，强化监管技术应用和国际合作。
38.健全数字经济公平竞争常态化监管制度，发布数字市场竞争政策和最佳实践，促进竞争政策信息和经验国际交流，开展政策制定和执法能力建设培训。
五、加强知识产权保护
(一)商标与地理标志
39.上海自贸试验区内经营主体提出商标注册申请时，主管部门应在商标注册公告和初步审定公告中标明货物或服务名称，并根据尼斯分类进行分组。
40.充分公开国外地理标志(含意译、音译或字译)在中国获得保护的法律手段，明确异议处理及注销相关规定。
41.通过规范以下行为，对地理标志产品实施高水平保护：使用地理标志指示产品源自非其真正产地的某一地理区域；指示并非来自该产地的某一相同或近似产品；指示不符合受保护名称产品规范的某一相同或近似产品。
(二)专利
42.专利行政部门对发明专利申请满18个月未作出审查决定的，应当公布专利申请信息。对经初步审查不符合相关要求或还需进一步审查的，应说明原因。专利行政部门可依申请提早公布申请结果。
43.对已获准在中国境内上市销售的新农用化学品的未披露实验等数据实施保护。即使该化学品在境内的另一专利保护期先行届满，仍应继续按该数据的保护期给予保护。
(三)行政监管和司法保护
44.加大行政执法监管力度和对权利人的司法保护力度，规范具有商业规模、故意使用以下标签或包装的行为：未经授权在标签或包装上使用与已在中国境内注册商标相同或无法区别的商标；意图在商业交易过程中将标签或包装用于商品或服务，且该商品或服务与已在中国境内注册商标的商品或服务相同。
45.对以营利为目的，未经授权在电影院放映过程中对电影作品进行复制且对权利人造成重大损害的行为，加大行政执法监管力度和对权利人的司法保护力度。
46.进一步完善商业秘密保护制度，为商业秘密权利人提供全面法律救济手段。对以下侵犯商业秘密且情节严重的行为，加大行政执法监管力度和对权利人的司法保护力度：未经授权获取计算机系统中的商业秘密；未经授权盗用、披露商业秘密(包括通过计算机系统实施上述行为)。
六、推进政府采购领域改革
(一)采购程序
47.在上海自贸试验区内，国家机关、事业单位、团体组织和指定的其他采购实体，为了自身履职或提供公共服务需要，以合同方式取得货物、工程和服务，以及订立“建设—运营—移交”合同和公共工程特许合同，适用本方案相关规定(涉及国家安全和国家秘密的项目除外)。
48.在上海自贸试验区进行的政府采购一般应实行公开竞争。对以下情形，可采用单一来源方式采购：无投标、无合格投标、无合格供应商或存在串通投标；只能由特定供应商提供；为保持技术一致性或避免重新采购，对原采购补充采购；有限试用或委托研发的首创性货物及服务；发生不可预见的紧急情况，不能从其他供应商处采购等。
49.政府采购实行有限竞争时，采购人应发布包括采购人信息、采购说明、资格要求等充分信息的资格预审公告，邀请供应商提交资格预审申请文件。如采购人有意选择有限数量的合格供应商投标，需说明相应选择标准和数量限额。
50.政府采购实施邀请招标时，采购人应提前发布相关信息。开展200万元以上的货物、服务采购或5000万元以上的工程采购，采用邀请招标方式的采购人应设定提交资格预审申请文件的最后日期，一般应自资格预审文件发出之日起不少于25日，紧急情况下不少于10日。
51.政府采购实施招标时，采购人设定提交投标文件的最后日期，一般应自招标文件发出之日起不少于40日。符合特殊情形的，可以适当缩短期限，但不得少于10日。
(2) Procurement management
52. When preparing a government procurement budget, procurers should fully consider the following factors: various expenses, commissions, interest, etc.; the price of the selective purchase; All contracts under the same procurement.
53. Conduct disclosure of government procurement information in accordance with laws and regulations. Whenever possible, tender documents are made available to suppliers free of charge, and procurement announcements are encouraged to be published in both Chinese and English.
54. Where the procurer has evidence to prove that the relevant supplier has committed a major and substantial breach of contract with the procurer or a unit with which the procurer has a management relationship within 3 years prior to participating in government procurement activities and has failed to take reasonable remedial measures in a timely manner, it may refuse to participate in the procurement activities, but this shall be stated in the procurement documents.
55. Procurers may set technical requirements for environmental protection and information protection when compiling government procurement requirements. If there are international standards for the subject matter of procurement, the purchaser may adopt the international standards according to the actual situation.
56. At the request of the supplier who has not won the bid or the transaction, the purchaser shall reply to the supplier who has not won the bid or the reason for the transaction or the explanation of the advantages of the supplier who has won the bid or the transaction, and the content of the reply shall not involve trade secrets.
57. Purchasers and procurement agencies shall properly keep the procurement documents, records and reports of each procurement activity of government procurement projects, and shall not forge, alter, conceal or destroy them. Procurement-related documents shall be kept for at least 15 years from the date of completion of the procurement.
58. Increase the level of digital technology application of electronic procurement platforms for government procurement, promote the transparency, standardization, and intelligence of the procurement process, and advance the use of electronic licenses.
59. Government procurement should facilitate the participation of small and medium-sized enterprises and encourage electronic procurement. Depending on the size, design and structure of the procurement, contract subcontracting may be implemented for SMEs.
(3) Procurement supervision
60. Designate an examination authority independent of the procurer to review complaints from suppliers about government procurement activities. Purchasers and suppliers are encouraged to resolve complaints through negotiation.
61. If a supplier believes that its own rights and interests have been harmed by government procurement documents, the procurement process, the results of winning bids, or the results of the transaction, it may challenge the purchaser in writing within 10 days from the date on which it knows or should know that its rights and interests have been harmed.
7. Promote the reform of the relevant "post-border" management system
(1) Reform of state-owned enterprises
62. Deepen the transformation of the functions of state-owned assets regulators, implement new management models that are different from those of wholly state-owned companies for mixed-ownership enterprises and wholly state-owned companies with diversified equity held by state-owned assets regulators, standardize the procedures for shareholders to perform their duties, and give full play to the role of shareholders' meetings.
63. When a designated franchised enterprise purchases or sells goods or services in the Shanghai Pilot Free Trade Zone, it shall make decisions in accordance with commercial considerations.
64. Establish a scientific, reasonable, stable and reliable compensation mechanism for enterprises that provide public goods and services in the Shanghai Pilot Free Trade Zone.
65. Establish and complete systems for information disclosure of state-owned enterprises, continue to improve and standardize procedures for information disclosure, strengthen categorical guidance for information disclosure efforts in state-owned enterprises, and promote state-owned enterprises holding or equity participation in listed companies to raise the level of standardization of governance operations.
(2) Protection of workers' rights and interests
66. Support enterprises in the Shanghai Pilot Free Trade Zone in taking the lead in creating harmonious labor relations, fully implement the labor contract and collective contract systems, protect the basic rights and interests of workers such as labor remuneration, rest and vacation, labor safety and health, social insurance, and vocational skills training in accordance with laws and regulations, establish mechanisms for collective negotiation and normal increase of workers' wages, strengthen labor protections, and improve labor conditions. Strengthen labor law supervision by trade unions, and carry out legal examinations of labor and employment.
67. In accordance with the provisions of relevant laws and regulations, and with reference to the requirements of the International Labor Organization's Convention on Labour Inspection in Industry and Commerce, and other requirements, assign labor security inspectors in the Shanghai Pilot Free Trade Zone to carry out smart inspections and increase the force of labor security supervision and law enforcement. Encourage and support the development of personnel training in the field of international labor.
68. Promote the improvement of relevant local regulations and government rules, and local governments, relevant departments, and institutions must not lower the level of protection of workers' rights and interests for the purpose of promoting trade or investment.
69. Complete tripartite mechanisms for coordinating labor relations, and routinely accept relevant opinions from workers, trade unions, enterprises, and so forth; Handle and accept written public comments in relevant fields, carry out public opinion deliberations, and disclose the results of deliberations as appropriate; Actively cultivate grassroots labor relations service sites, etc., and encourage and support social forces to participate in the negotiation and mediation of labor and personnel disputes.
(3) Environmental protection
70. Introduce biodiversity conservation policies to support the Shanghai Pilot Free Trade Zone in strengthening the conservation and sustainable use of biodiversity.
71. Support international cooperation, experience sharing and capacity building in the field of green and low-carbon. Accelerate the establishment of a national carbon emission trading agency. Enterprises in the Lingang Special Area are allowed to carry out high and low sulfur fuel oil blending and blending business for the purpose of ship supply in the form of processing trade or bonded logistics, and qualified storage facilities can have the functions of export supervision warehouses and bonded warehouses at the same time. Support the Lingang Special Area to accelerate the construction of hydrogen energy core technologies and standard systems, allow the construction of hydrogen production and hydrogen refueling integrated stations in accordance with laws and regulations, carry out small-scale wind power hydrogen production in tidal flats, and improve the high-pressure hydrogen storage system.
72. Support the establishment of certification bodies, carry out certification of green products and ecological products, carry out traceability of certified products, and establish traceability mechanisms for certified products.
73. Support the fight against illegal, unreported and unregulated fishing to protect relevant fish stocks by regulating fishing gear practices, reducing fishing hours, reducing the number of fishing vessels, and imposing fishing quotas.
74. Encourage the import and export of environmental products and services, enrich the system of green financial products and services, research and promote green bonds and environmental, social and governance (ESG) indices, and promote cooperation in environmental products and services.
8. Strengthen the construction of risk prevention and control systems
75. Complete risk assessment mechanisms. Track the progress of the pilot in a timely manner, analyze and assess new situations and new problems, and take measures such as adjustment, suspension or termination according to the degree of risk.
76. Establish a risk early warning system. With the support of new technologies to improve the efficiency of supervision, big data analysis technology is used to judge and identify risks, and classification and supervision are carried out according to the degree of risk.
77. Strengthen financial risk prevention and control. Based on the principle of prudence, the financial regulatory authorities shall take reasonable measures to protect the legitimate rights of financial consumers and ensure the stable operation of the financial system. Carry out financial regulatory information sharing, regulatory coordination, and cross-border risk disposal cooperation in accordance with laws and regulations. Strengthen the collection, monitoring and use of cross-border revenue and expenditure business data. Through the "sandbox supervision" and other regulatory mechanism innovation, to ensure the effective isolation of risks. Adhere to the requirements for licensed operation of financial business, and strengthen the monitoring and prevention of relevant risks through risk warnings, calculation of risk control indicators, and information reporting.
78. Strengthen mutual recognition and cooperation in regulation. Draw on international practices and rules, accept reports from other countries' regulatory agencies as appropriate, study and initiate mechanisms for mutual recognition of supervision, and do a good job of data exchange, mutual recognition of results, work coordination, and mutual assistance in law enforcement. Establish cooperation mechanisms with overseas cybersecurity institutions to promote the formation of global cooperative solutions to cybersecurity issues.
79. Strengthen security review mechanisms. Implement the negative list for foreign investment access, and make good use of mechanisms such as security reviews for foreign investment. Comprehensively strengthen network security inspections, and implement responsibility for the protection of critical information infrastructure. Carry out information disclosure in accordance with laws and regulations, and further standardize procedures for the disclosure of important information.
80. Promote whole-process regulation. Improve regulatory rules, innovate regulatory methods, improve a regulatory system with clear rights and responsibilities, fairness and justice, openness and transparency, simplicity and efficiency, coordinate the promotion of market supervision, quality supervision, safety supervision, network supervision, etc., strengthen coordinated supervision, and plug regulatory loopholes.
The Shanghai Municipal People's Government should strengthen the main responsibility, further improve the working mechanism according to the tasks determined in this plan, and solidly promote the implementation of various measures; It is necessary to establish and improve the institutional innovation mechanism to encourage bold experiments and bold breakthroughs; It is necessary to make full use of the power to formulate laws and regulations in Pudong New Area, and strengthen the legal guarantee of the reform pilot; It is necessary to strengthen security assessment and risk prevention, and improve the level of response to major emergencies; It is necessary to speed up the construction of a high-level professional opening up work team to provide strong support for building a national institutional opening up demonstration zone. The relevant departments of the State Council should, in accordance with their duties and division of labor, give active support, form a joint force in their work, and ensure that all measures are put in place. If it is really necessary to formulate specific opinions, measures, rules and plans, they should be completed within one year from the date of issuance of this plan to ensure that the implementation is effective. The Ministry of Commerce should strengthen overall planning and coordination, organize and carry out effectiveness evaluation, guide the implementation of pilot tasks, and support Shanghai to summarize mature experience and replicate and promote it in a timely manner. Where it is necessary to adjust existing laws or administrative regulations, it shall be handled in accordance with legal procedures. The Shanghai Municipal People's Government and the Ministry of Commerce should promptly sort out and study the new situations and new problems that arise in the implementation of this plan, continuously adjust and optimize measures, and report major matters to the Party Central Committee and the State Council for instructions in a timely manner.