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Provisions on Bidding for Export of Machinery and Electronic Products
(Promulgated by Ministry of Foreign Trade and Economic Cooperation
on July 2,1996)
Chapter I General Provisions
Article 1 For the purpose of encouraging export of
machinery and electronic products, safeguarding the normal order of foreign trade,
establishing the mechanism of competition on equal footing, and ensuring the overall
interests of the state and the legitimate benefits of foreign trade enterprises, the
present Provisions on Bidding for Export of Machinery and Electronic Products is
formulated pursuant to the Foreign Trade Law of the People's Republic of China and the
Interim Provisions on the Administration of Export Commodities approved by the State
Council.
Article 2 The bidding for the export of machinery and
electronic products defined in the present Provisions refers to the voluntary bidding
activities of the enterprises exporting commodities subject to bidding and the obtaining
of export quantity according to stipulated procedures.
Article 3 The present provisions shall be applied to
the export of machinery and electronic products subject to bidding announced by the
Ministry of Foreign Trade and Economic Cooperation ( hereinafter referred to as MOFTEC ).
Article 4 The work of bidding for the export of
machinery and electronic products shall be conducted according to the principles of
"Fairness, Openness, Competition and Efficiency".
Chapter II Organization and Responsibility
Article 5 The bidding committee for the export of
machinery and electronic products shall be established by MOFTEC, the State Office for the
Import and Export of Machinery and Electronic Products, the Chambers of Commerce for
Importers and Exporters of Machinery and Electronic Products ( hereinafter referred to as
the Chamber of Machinery and Electronic Products ) and the Association of Foreign-Funded
Enterprises ( hereinafter referred to as " the Association" ). The Bidding
Committee shall consist of one chairman, several vice-chairmen and a number of committee
members. The chairmanship shall be held by persons in charge of the Administration of
Foreign Trade of MOFTEC.
The Bidding Committee shall set up quota bidding office ( hereinafter
referred to as the Bidding Office ) in relevant branches of the Chamber of Machinery and
Electronic Products. The Bidding Office shall consist of a director, several deputy
directors and a number of staff. The chairmanship of the Bidding Office shall held by
persons in charge of the secretariat of relevant branches of the Chamber of Machinery and
Electronic Products who shall be responsible for the daily work of the Bidding Committee.
Article 6 MOFTEC shall formulate and publish the
provisions on the bidding for the export of machinery and electronic products, determine
the varieties of export commodities which shall be subject to bidding and be responsible
for the supervision and guidance of the bidding work.
Article 7 The responsibility of the Bidding Committee
is to administrate the bidding work for the export of machinery and electronic products
according to the present Provisions:
1. To examine and formulate the work plans for bidding;
2. To examine and publish various notices, bulletins and regulations
concerning the bidding;
3. To determine the total tender quantity according to the actual
export performance and the demands in international markets;
4. To give instructions to the Bidding Office, review and verify the
preliminary opinions of the Bidding Office on bidding documents and determine the
bid-winning enterprises and the bid-winning quantity which shall be reported to MOFTEC.
5. To announce the bid-winning results;
6. to study and handle other issues concerning the work of bidding for
export.
Article 8 The responsibility of the Bidding Office is
to do the specific jobs of implementation according to the present Provisions and the
decision of the Bidding Committee:
1. To study the market situations of the bidding commodities, to draft
work plans for bidding and to submit them to the Bidding Committee for implementation
after examination and verification;
2. To print in the uniform format and issue various documents and
materials for the bidding commodities;
3. To check and determine the export performance of the bidding
enterprises according to the statistics released by the customs, conduct the preliminary
examination on the qualification of the bidding enterprises and submit the results to the
Bidding Committee for examination and verification;
4. To be responsible for the opening and evaluation of bidding,
calculate the bid-winning quantity of the tenders and submit the results to the Bidding
Committee for examination and verification;
5. To examine and supervise the use of bid-winning quantity of the
bid-winning enterprises and the implementation of the coordinated prices set forth by the
profession;
6. To handle affairs concerning the transfer and assignment of
bid-winning quantity.
Chapter III Calling for Tender
Article 9 The scope of the bidding shall include the
varieties and quantities of the exports subject to bidding by all modes of trade. The
detailed contents of the bidding shall be decided by the bidding bulletins.
Article 10 The Bidding Committee shall, in light of
the actual export situations of the specific commodities, determine the quantities and
frequencies of bidding. The detailed affairs of the bidding shall be published by the
Bidding Committee one month prior to every bidding in International Business and other
news media. In the third quarter of every year, bidding shall be undertaken for
commodities subject to bidding in the next year.
Article 11 The Bidding Committee may, in light of the
actual situations in the international markets, set restrictions on the countries
(regions) to which the bidding commodities will be exported.
Chapter IV Bidding
Article 12 A Enterprises which satisfy the following
criteria shall be qualified for bidding:
1. To be accredited by MOFTEC with the right to export;
2. Having registered in the industrial and commercial authorities;
3. To be a member of relevant branches of bidding commodities under the
Chapter of Machinery and Electronic Products or a member of the Association of
Foreign-Funded Enterprises.
Article 13 All the bidding enterprises shall conduct
bidding according to the specifications of the products and their actual abilities of
export. No false bidding shall be made. The bidding prices shall be no less than the
coordinated prices set forth by the profession.
Article 14 The enterprises participating in the
bidding shall fill in and report the bidding documents and materials as required by the
"Tender Notice".
Article 15 The bidding documents and materials shall
be sealed and be sent to the Bidding Offices by post or other channels before the opening
date of tenders stipulated in the "Tender Notice" ( The date shall be regarded
as the arrival date of the documents and the faxed ones are not valid ).
Each enterprise shall be allowed to send only one bidding document
which shall not be changed after having been sent out.
The bidding documents and materials shall include:
1. Bidding application;
2. Bidding guarantee;
3. ( Copies of ) the certificates of membership of a branch of the
Chamber of Machinery and Electronic Products or membership of the Association of
Foreign-Funded Enterprises;
4. ( Copies of ) documents approving them the right of export issued by
MOFTEC or other competent authorities authorized by MOFTEC, or the Certificate of
Verification on Foreign Trade Enterprises, or the Approving Certificates for
Foreign-Funded Enterprises;
5. ( Copies of ) the business license of legal persons issued by the
industrial and commercial authorities of the state;
6. ( Copies of ) license on the quality of export products issued by
the commodities inspection departments;
7. Other documents as required by the Bidding Committee.
Chapter V Opening and Evaluation of Bidding
Article 16 The Bidding Office shall immediately seal
and keep for file the bidding documents as soon as they receive them.
Article 17 Under the supervision of the Bidding
Committee, the Bidding Office shall, within the designated time period, open the bid
publicly and conduct the preliminary evaluation of the bidding documents. The evaluation
shall cover the following aspects:
1. The validity of the bidding materials;
2. Bidding qualification;
3. Bidding prices ( unit export price ).
Article 18 Under the supervision of the Bidding
Committee, the Bidding Office shall, according to valid bidding materials, calculate the
bid-winning quantities which shall be worked out according to the following formula.
1. To determine the share ( "A" ) of the bid-winning
enterprises in the total tender quantity:
The total export value ( quantity ) of
specific commodity exported by the
enterprise in the previous year
A=-------------------------------------------
The total national export value
( quantity ) of the said commodity
2. To determine the national average exchange earning of unit bidding
commodity ( "B" ) and the average exchange earning of unit bidding commodity of
the bid-winning enterprise ( "X" ).
Total national export value
of the specific commodity
B=---------------------------------
Total national export quantity
of the said commodity
The total export value of specific
commodity exported by the bid-
winning enterprise in the previous year
X=-------------------------------------------------
The total export quantity of the said commodity
by the said enterprise in the previous year
3. To determine the bid-winning quantity of the said
bid-winning
enterprise ( "C" ). X
C= Total bidding quantity*A*---
B
Article 19 In order to promote the scale efficiency of
export, the Bidding Committee may set and announce the minimum bidding quantity to the
bidding enterprises in advance. The enterprise whose export quantity was below the minimum
bidding quantity in the previous year shall be disqualified. The bid-winning quantity of
foreign-funded enterprises shall not exceed the export scale as approved by MOFTEC.
Article 20 The Bidding Committee shall, according to
the valid bidding documents and materials, examine and verify the qualification and
bid-winning quantities of the bid-winning enterprises, and publish the list of the
bid-winning enterprises in International Business and other news media. In the meantime,
the Bidding Office shall distribute the Bid-Winning Registration Handbook.
Chapter VI Export License
Article 21 MOFTEC shall send the list of the
bid-winning enterprises and the bid-winning quantities to the authorized license-issuing
departments.
Article 22 The authorized license-issuing departments
shall issue export license according to the following documents:
1. The result of the bidding transferred by MOFTEC;
2. The Bid-winning Registration Handbook distributed by the Bidding
Committee;
3. The valid export contract of the bid-winning enterprise.
Chapter VII Administration
Article 23 For the purpose of monitoring the
utilization of the bid-winning quantity, the Bidding Office will trace, examine and report
at regular intervals the implementation to the Bidding Committee.
Article 24 The bid-winning quantity may be
transferred. The assigned enterprises shall be qualified bidding enterprises. The transfer
and assignment shall be checked and verified by the Bidding Office and formalities shall
be gone through accordingly. The bid-winning fees shall be turned in to the Bidding
Office.
Article 25 The bid-winning enterprises shall, by
September 30 of the current year, report the unused bid-winning quantities to the Bidding
Office and the unused quantity shall be returned to the Bidding Office by December 15 of
the current year. The Bidding Office may transfer and assign the unused bid-winning
quantities reported for registration and turned back by the enterprises.
Article 26 Within one month after the bid-winning
enterprises receive the Bid-Winning Registration Handbook, they shall pay the bidding fees
to the Bidding Committee which shall be calculated in three per ten thousands of the total
bid-winning value ( bid-winning quantity X average bid-winning prices ). The fees shall be
paid in RMB converted in the exchange rate of the date on which the Bid-Winning
Registration Handbook was issued.
Article 27 The fees shall be collected by the Bidding Office and shall
be deposited to the special account in separate subject and under separate management. The
fees shall be utilized for the bidding work and shall not be used for other purposes. The
Bidding Office shall report the revenue and expenditure of the fees to the Bidding
Committee every year.
Chapter VIII Penalties
Article 28 In case of violation of the present
Provisions, the Bidding Committee shall impose the following penalties:
1. If any violation of the following is found, the bid-winning quantity
in the current year shall be revoked and a notice of warning shall be given:
(i) False bidding documents were reported;
(ii) To transfer or trade bid-winning quantity without permission.
2. If any violation of the following is found, the bid-winning quantity
in the current year shall be revoked and the enterprises committing the violation shall
not be allowed to bid for the tender in the following year:
(i) Being accused of, but not responding to the anti-dumping
accusations raised by foreign countries;
(ii) The actual export prices are lower than the coordinated prices of
the profession or be lowered in disguised form;
(iii) Being ascertained by relevant departments on the infringement of
trade marks;
(iv) The bid-winning fees have not been paid in due course.
3. With regard to the bid-winning enterprises which do not report or
return the unused bid-winning quantity as stipulated in Article 25, if the unused quantity
does not reach 30% of its total bid-winning quantity, their bid-winning quantity in the
next year will be deducted accordingly. In case the said quantity exceeds 30% of their
total bid-winning quantity, their right of bidding in the next year will be revoked.
4. The revoked quantity shall be reported to the Bidding Committee and
copied to MOFTEC for record. The Bidding Committee shall, in the same time, inform the
license-issuing departments to stop issue license for the above-mentioned quantity. The
revoked bid-winning quantity may be carried over to the next round of bidding or be
utilized for transfer and assignment.
Chapter IX Supplementary provisions
Article 29 The bidding shall be undertaken in witness
of registered lawyers and certificates shall be issued by registered lawyers.
Article 30 MOFTEC shall be responsible for the
interpretation of the present Provisions and they shall enter
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