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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II STRUCTURE AND RULES CHAPTER III OPERATIONAL PROCEDURES CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The detailed rules have been formulated pursuant to the Provisions on Export Quota Bidding with Compensation. Article 2. The scope of commodities under the compensated quota bidding scheme shall be: export commodities subject to State planned and voluntary quota administration. The catalogue of commodities subject to quota bidding and the total amount of quotas for bidding shall be determined and published within the afore-mentioned scope by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to MOFTEC). Article 3. The methods of compensated quota bidding are as follows: (1) Public bidding Commodities exported in large volumes and by a great number of enterprises which would easily lead to the practice of vying with each other for purchasing at bid-up prices while competing with each other for selling at reduced prices shall be subject to public bidding. (2) Bidding upon invitation Bidding upon invitation shall be applied to raw material commodities whose production is relatively concentrated in certain areas. The commodities subject to bidding upon invitation and the scope of invitation shall be determined by the bidding offices and then submitted to the bidding committees for examination and verification before implementation. (3) Oriented bidding Oriented bidding may be applied, among the enterprises of the major producing areas and within the major trading companies, to the commodities subject to quota administration whose producing areas and sales channels are relatively concentrated. Oriented bidding and public bidding may be applied to the same commodity in combination. The ratio between the quantity of quotas subject to private bidding and that subject to public bidding shall be determined by the bidding committees. The commodities subject to oriented bidding and the regions and enterprises participating in oriented bidding shall be determined by the bidding offices and then submitted to the bidding committees for examination and verification before implementation. (4) Negotiated bidding Negotiated bidding shall be applied to the commodities whose production is relatively concentrated in certain areas, for which there is severe competition on the international market and of which China's export competitiveness is relatively weak. Negotiated bidding and public bidding may be applied to the same commodity in combination. For commodities subject to both negotiated bidding and public bidding, the ratio between the quantity of quotas subject to negotiated bidding and that subject to public bidding shall be determined by the bidding committees. The commodities subject to negotiated bidding and enterprises participating in negotiated bidding shall be determined by the bidding offices and then submitted to the bidding committees for examination and verification before implementation. Negotiated bidding for quotas of the commodities under foreign anti- dumping allegation shall be applied to the enterprises which have responded to the antidumping investigations. Enterprises, whether qualified or not, which have not responded to the investigations shall not participate in the negotiated bidding. Negotiated bidding of this kind may be confined to specific markets. Negotiated bidding and oriented bidding shall not be applied to the same bidding for the same commodity at the same time. CHAPTER II STRUCTURE AND RULES Article 4. Relevant departments of MOFTEC and chambers of commerce for importers and exporters shall jointly establish quota bidding committees (hereinafter referred to bidding committees) which shall be responsible for the administration of compensated quota bidding. The bidding committees shall be accountable to MOFTEC. The bidding committees shall set up quota bidding offices (hereinafter referred to bidding offices) in relevant chambers of commerce for importers and exporters. The routine affairs of compensated quota bidding shall be handled by the bidding offices which shall be accountable to the bidding committees. Article 5. A 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. In the absence of the chairman, another person in charge of the same administration shall act on his behalf. A bidding office shall consist of a director, one or two deputy directors and a number of staff. The staff of the bidding offices shall be mainly composed of the staff members of chambers of commerce for importers and exporters. Article 6. The responsibility of the bidding committee is to exercise administration over quota bidding in accordance with the Provisions on Export Quota Bidding with Compensation: (1) To study and formulate or to examine and approve the work plans for bidding for quotas of specific commodities; (2) To study and finalize the modes of bidding for quotas of specific commodities and to define the scope of application of specific bidding mode; (3) To set and publish the time schedule of bidding for quotas of specific commodities; (4) To review and verify the reports of the bidding offices on the re-examination of the qualification of the bidding enterprises; (5) To examine and finalize the methods of specific operations worked out by the bidding offices according to relevant regulations and the results of the operations; (6) To examine, finalize and publish various notices and announcements of quota bidding; (7) To report the bidding results and quota assignment to MOFTEC. Various decisions, notices and announcements issued by the bidding committees shall be adopted at the meetings of the bidding committees and approved by the chairman. In the absence of the chairman, they shall be adopted at the meetings presided over by the acting chairman and approved by him. Unless otherwise provided for by the State Council, no establishment, organization or individual shall promulgate regulations or issue announcements relating to commodities subject to compensated quota bidding without the approval of MOFTEC or the bidding committees. Article 7. The responsibility of the bidding offices is to carry out specific operations in accordance with the Provisions on Export Quota Bidding with Compensation, these Detailed Rules and the decisions made by the bidding committees: (1) To draft modes and work plans for bidding for quotas of specific commodities and to submit such modes and plans to the bidding committees for implementation after examination and verification; (2) To re-examine the qualification of the bidding enterprises, to verify export performance of the enterprises and to report the information to the bidding committees; (3) To draft notices and announcements of bidding for quotas of specific commodities and submit them to the bidding committees for examination and publication; (4) To print in the uniform format and issue "Application for Bidding" (hereinafter referred to bidding document), "Notice of Awards", "Certificate of Quota Transfer and Assignment" and "Certificate of Application for the Export Licenses of the Commodities subject to Compensated Quota Bidding", etc.; (5) To evaluate tender, open bidding, calculate the amount of quotas won by the enterprises and submit the results to the bidding committees for examination and verification; (6) To supervise the use of quotas and licenses by the winning enterprises; (7) To accept and deal with the applications for the transfer and assignment of quotas awarded to the enterprises, draft work plans and submit such plans to the bidding committees for implementation after examination and verification; (8) To examine and verify the tender deposits, winning prices for bid or commission of quota assignment and report the results to the bidding committees; (9) To examine the implementation of the coordinated export prices by the enterprises and report to the bidding committees. Article 8. Enterprises which satisfy the following criteria shall be qualified for bidding: (1) Public bidding 1. Enterprises which conform to the stipulations in Article 11 of the Provisions on Export Quota Bidding with Compensation; 2. Enterprises with export performance of the commodities subject to quota bidding in any of the previous three years; 3. Enterprises which have joined relevant chambers of commerce for importers and exporters and have become members; 4. Enterprises which have been granted the right to export commodities subject to quota bidding after approval, which have registered at the administrative authority for industry and commerce for less than one year and which have no export performance may also participate in the bidding; Production enterprises and foreign investment enterprises with the right to export commodities produced by themselves shall only be allowed to bid for quotas for their own commodities. 5. Enterprises with no record of breaching laws and regulations. (2) Bidding upon invitation 1. Enterprises which satisfy the criteria provided for in Clause 1 of Article 8 of these Detailed Rules; 2. Enterprises which have joined the sub-chambers of a certain commodity of the chambers of commerce for importers and exporters. (3) Oriented bidding 1. Enterprises which satisfy the criteria provided for in Clause 1 of Article 8 of these Detailed Rules; 2. Enterprises which are the major trading companies or major producers of a certain commodity; 3. Enterprises which have the export performance of a certain commodity for three consecutive years. (4) Negotiated bidding 1. Enterprises which satisfy the criteria provided for in Clause 1 of Article 8 of these Detailed Rules; 2. Enterprises which are the major trading companies or the major trading companies in the major producing areas of a certain commodity; 3. Enterprises which have the export performance of a certain commodity for three consecutive years; 4. Enterprises which used more than 70% of the awarded quotas in the previous year. Enterprises which used less than 70% of such quotas in the previous year shall be disqualified, by the bidding offices, for their participation in the bidding for one year; 5. The winning enterprises which have participated in other forms of bidding and which have used 90% or more of the awarded quotas for two consecutive years may participate in the next round of negotiated bidding. Article 9. The methods of determining major producing areas and major trading companies are as follows: (1) Determination of major producing areas Exporting regions (provinces, autonomous regions and municipalities) shall be arranged in order based on the production or export volume of a certain commodity subject to bidding in the previous year. The top regions (provinces, autonomous regions and municipalities) with the aggregated production or export volume reaching 50%-70% of the country's total production or export volume shall be considered the major producing areas. The ratio for specific commodity shall be determined by the bidding committees. (2) Determination of major trading companies Exporting enterprises shall be arranged in order based on the export volume in the previous year. The top enterprises with the aggregated export volume reaching 50%-70% of the country's total shall be considered the major trading companies. The ratio of specific commodity shall be determined by the bidding committee. (3) Determination of the major trading companies of the major producing areas Exporting enterprises in a certain region (province, autonomous region and municipality) shall be arranged in order based on the export volume of the previous year. The top exporting enterprises with the aggregated export volume reaching 50%-70% of the export total of the said region (province, autonomous region and municipality) shall be considered the major trading companies of the major producing areas. The list of major producing areas and major trading companies shall be finalized and published prior to the whole process of bidding. Enterprises on the list may opt to forsake their qualification to participate in oriented bidding or negotiated bidding, but shall notify (the Administration of Foreign Trade of) MOFTEC and relevant bidding offices within 10 working days starting from the date of the publication of the bidding announcement. Enterprises qualified to participate in oriented bidding and negotiated bidding shall submit relevant materials to the bidding committees within the designated time frame. CHAPTER III OPERATIONAL PROCEDURES Article 10. The procedures of compensated quota bidding are as follows: (1) To publish the catalogue of commodities subject to compensated quota bidding; (2) To issue and then collect the bidding documents; (3) To examine the qualification of the bidding enterprises in accordance with the stipulations provided for in Article 8 of these Detailed Rules; (4) To examine and verify the bidding documents (tender evaluation); (5) To calculate the bidding awards in accordance with the Provisions on Export Quota Bidding with Compensation and stipulations of these Detailed Rules; (6) To open the bids in public and to report the bidding awards to MOFTEC; (7) To publish the list of the winning enterprises; (8) To collect tender deposits and to issue the Notice of Awards; (9) To collect winning prices for bid and to issue the Certificate of Application for the Export Licenses of the Commodities subject to Compensated Quota Bidding; (10) To examine and verify the use of quotas and licenses by the winning enterprises. Article 11. Commissions (Committees or Bureaus) of Foreign Economic Relations and Trade of various provinces, autonomous regions, municipalities and cities independently listed on state plans (hereinafter referred to local Commissions of Foreign Economic Relations and Trade) shall be responsible for the preliminary examination of the bidding qualification of the exporting enterprises of the region and shall submit the forms of preliminary examination to relevant bidding committees within the designated time frame. Relevant chambers of commerce for importers and exporters shall be responsible for the preliminary examination of the bidding qualification of various national foreign trade corporations and national industrial and trading companies. Article 12. Rules for tender evaluation (1) Valid bidding documents shall be decided upon in accordance with the stipulations provided for in Article 11 and Article 12 of the Provisions on Export Quota Bidding with Compensation and Article 8 and Article 9 of these Detailed Rules. (2) Determination of the winning prices for bid: Principles: The practice of vying with each other for purchasing at bid- up prices while competing with each other for selling at reduced prices shall be curbed and equal competition shall be protected; economic efficiency of enterprises through export shall be maintained and the overall interests of the country shall be safeguarded; priority shall be given to economic efficiency while at the same time due attention shall be given to fairness. Methods: 1. Bidding enterprises shall decide on the bid offers independently according to the export of specific commodities. The bidding offices are entitled to rescind the bidding documents whose bid offers have deviated from the normal level; 2. The bidding offices shall calculate the winning prices based on the following formula: Winning prices = Sum of all bidding enterprises (i.e. bid offers x number of tenders) x ((1+X%)/(1-Y%)) X and Y are variants, which shall be determined by the bidding committees based on the situation of the international market, domestic supply and average cost of export and shall be published before the bidding. 3. Enterprises with their bid offers within the range of the computed results from the above-mentioned formula shall be considered as winning enterprises. (3) Determination of the quantity of quotas won by the enterprises: The quantity of quotas won by the enterprises shall be determined by the bidding offices in accordance with the following formula: Quotas won by the tenders = Sum of all tenders x offer of the particular enterprise (i.e. offer price x bid number) / sum of the offers of all the winning enterprises (i.e. offer price x bid number) (4) The quantity of quotas won by an enterprise shall not exceed the number of its tenders. (5) The quantity of quotas won by an enterprise which were returned or wasted in the previous year shall be deducted from the quotas for the current year accordingly. (6) In order to prevent monopoly of quotas or to disperse distribution of quotas among the winning enterprises, the bidding committees may set, in light of the actual situation, the maximum and minimum amount of tenders offered by an enterprise. Article 13. Quota bidding shall be conducted twice a year. The specific amount of quotas for each bidding shall be decided by the bidding committees on a commodity-specific basis and within the total annual amount of quotas for bidding. The time for the bidding of specific commodities shall be decided by the bidding committees and shall be made public one month in advance. Article 14. The bidding offices shall distribute bidding documents to various local Commissions (Committees or Bureaus) of Foreign Economic Relations and Trade on a uniform basis. Various local Commissions (Committees or Bureaus) of Foreign Economic Relations and Trade shall, in accordance with the preliminary examination of the bidding qualification of the enterprises of the region, issue bidding documents to enterprises which have passed the preliminary examination of qualification. The bidding enterprises shall apply to the Commissions (Committees or Bureaus) of Foreign Economic Relations and Trade of their provinces (autonomous regions or municipalities) for the bidding documents and fill in the documents according to the requirements of the bidding offices. Various national foreign trade corporations or national industrial and trade companies may apply directly to the bidding offices for the bidding documents. The bidding documents shall be posted in sealed form or hand-delivered by person to the bidding offices prior to the expiry date by the bidding enterprises within the designated time frame. Article 15. The bidding offices, upon receiving the bidding documents, shall immediately register the documents and keep them in sealed form. The bidding documents shall be opened on the opening date of tenders. The bidding offices shall complete the evaluation of tenders within ten working days starting from the opening date of tenders. Article 16. The winning enterprises shall pay the bid deposits and winning prices for the quotas won according to the following regulations: (1) The winning enterprises shall pay bid deposits in cheque, draft or remittance into the bank accounts designated by the bidding committees within two months after the publication of the list of the winning enterprises by the bidding committees. The bid deposits shall be 10% of the tender prices paid by the enterprises for the quotas won (i.e. bid offer X the quantity of quotas won X 10%). The bidding offices shall issue Bidding Awards to the enterprises within 5 working days after receiving the bid deposits and issue receipts of payment. Those winning enterprises which fail to pay the bid deposits within the prescribed time frame shall be considered as having given up the bidding. The number of quotas given up by the enterprises shall be carried over to the total amount of quotas for the next round of bidding. (2) The winning enterprises shall pay, based on the amount of quotas in the export licenses issued, corresponding amount of winning prices for bid (amount of quotas with export licenses being issued X bid offer X 90%) into the bank accounts designated by the bidding committees before they obtain export licenses each time. The bidding offices shall immediately issue the Certificate of Application for the Export Licenses of the Commodities subject to Compensated Quota Bidding upon receipt of the winning prices paid by the enterprises. (3) The pre-paid bid deposits shall be offset when the winning enterprises obtain the last license and pay the remaining tender price. The Certificate of Application for the Export Licenses of the Commodities subject to Compensated Quota Bidding is in the quadruplicate form. The original copy (white) shall be kept by the bidding committees. The first copy (yellow) shall be kept by the issuing authorities of export licenses. The second copy (pink) shall be kept by the winning enterprises and the third copy (blue) shall be kept by the bidding offices. The first copy (yellow) shall be handed in to the issuing authorities by the winning enterprises as one of the main certificates when receiving export licenses. Article 17. The quotas spared in the bidding shall be carried over into the total amount of quotas in the next round of bidding. Article 18. The transfer and assignment of quotas won in the bidding shall be conducted by the bidding offices based on the best prices offered and the sequence in time. Over-the-counter trading shall be strictly prohibited: (1) Winning enterprises which fail to use up the quotas awarded may apply to the bidding offices for transfer of quotas and shall pay a certain amount of commission (i.e. bid offer of the enterprises which intend to transfer the quotas X number of quotas transferred X 5%) for the transfer; (2) Enterprises which fail to win the bid or which have not won sufficient quotas shall apply to the bidding offices for assignment of quotas. Enterprises may offer for the quotas assigned their prices equal with or higher than the bid offers of the winning enterprises which intend to transfer the quotas. However, quotas shall not be assigned for offers lower than the bid offers of the winning enterprises. After the enterprises submit the application for the transfer or assignment of quotas, the bidding offices shall immediately enter the application into computers and shall publish the list of enterprises which apply for the transfer and assignment of quotas on a regular basis; (3) The bidding offices shall list the enterprises to which quotas are assigned in the order of bidding offers (or in time sequence when prices are equal) and at the same time, list in time sequence the enterprises which intend to transfer quotas. The bidding offices shall work out plans for quota transfer and submit the plans for approval by the bidding committees. The bidding offices shall then issue timely notification to enterprises on the payment of relevant fees according to the approved plans for quota transfer and assignment. After the enterprises pay the commission, the bidding offices shall issue the certificates of quota transfer or assignment in time. The Certificate for Quota Transfer and Assignment shall be in quintuplicate form. The original copy (white) shall be kept by the bidding committees. The first copy (Yellow) shall be kept by the issuing authority of the licenses. The second copy (pink) shall be kept by the enterprises which transfer the quotas. The third copy (blue) shall be kept by the enterprises to which the quotas are assigned and the fourth copy (green) shall be kept by the bidding offices. The first copy shall be posted by the bidding offices to the issuing authorities and the third copy shall be taken as one of the main certificates by the enterprises to which quotas are assigned for the application for certificates; (4) The enterprises to which quotas are assigned shall pay certain amount of prices for quotas (i. e. number of quotas assigned X prices for quotas assigned X 90%) in light of relevant regulations before applying for export licenses. The Certificates of Application for the Export Licenses of the Commodities subject to Compensated Quota Bidding shall be issued by the bidding offices; (5) The enterprises to which quotas are assigned shall voluntarily turn in the bid deposits for the quotas assigned to the enterprises which transfer the quotas. Article 19. The list and the amount of quotas awarded to the winning enterprises in the compensated quota bidding shall be submitted to MOFTEC for examination and verification after the examination and verification by the bidding committees and shall be then circulated to relevant issuing authorities of certificates. Article 20. Export Licenses shall be issued upon the presentation and verification of the following documents: (1) The list and number of the winning enterprises circulated by MOFTEC or (the first and the third copy of) the Certificate of Quota Transfer and Assignment; (2) (The second copy of) the Certificate of Application for the Export Licenses of the Commodities subject to Compensated Quota Bidding issued by bidding committees to the winning enterprises; (3) Prices of export contract (not lower than the coordinated prices of the chambers of commerce for importers and exporters). Article 21. The quotas won in the bidding are valid in the said year. The quotas won by the enterprises which cannot be used up and cannot be transferred may be returned to the bidding offices. The bidding offices shall reimburse, according to the time when the quotas are returned, part of the bid deposits to the enterprises according to the following percentage: 50% of the bid deposits shall be reimbursed for quotas which have been returned more than 5 months prior to the expiry date of the quotas; 40% shall be reimbursed for those returned more than 4 months prior to the expiry date; 30% for those returned more than 3 months prior to the expiry date; Bid deposits for quotas returned within 3 months prior to the expiry date shall not be reimbursed. In the next round of bidding, the amount of quotas returned shall be deducted by the bidding offices from the quotas won by the enterprises. The quotas deducted or returned by the winning enterprises shall be carried over into the total amount of quotas in the next round of bidding. Article 22. Enterprises shall submit export licenses (the copy kept by the enterprises) and the invoices (copies) for the consignment of goods to the bidding offices within one month after custom declaration by using export licenses. The bidding offices shall keep statistics and conduct verification on a regular basis and shall report to the bidding committees the export performance and use of quotas by enterprises. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 23. The bidding committees shall open special accounts with designated banks to collect bid deposits, winning prices and commission for quota transfer. Specific operations can be entrusted to relevant chambers of commerce for importers and exporters. Article 24. The bidding committees shall be entitled to revoke the quotas won in the bidding and rescind the qualification for quota bidding and assignment for 1 to 3 years of the enterprises which: (1) Have not paid bid deposits or winning prices in time; (2) Have not transferred or returned the quotas won in the bidding which have not been used up; (3) Have transferred quotas at their own will without the consent of the bidding offices and without paying the commission; (4) Have falsified qualification for bidding; (5) Have colluded with others in the bidding; (6) Have exported at prices lower than the coordinated prices of the chambers of commerce for importers and exporters; or (7) Have disrupted the process of quota bidding with other unfair means. Article 25. Other operational problems cropping up in the process of quota bidding shall be studied and solved by the bidding committees. If any fraudulent practices or breaches of the Provisions on Export Quota Bidding with Compensation and these Detailed Rules are discovered and proved, MOFTEC shall have the right to invalidate the results of the said round of bidding. Article 26. Notices and announcement concerning quota bidding shall be published by International Business. Article 27. These Detailed Rules are of equal binding force with the Provisions on Export Quota Bidding with Compensation. Article 28. MOFTEC shall be responsible for the interpretation of these Detailed Rules. Article 29. These Detailed Rules shall enter into force on the date of promulgation. |
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