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ANNOUNCEMENT NO.66, 2006 OF THE MINISTRY OF COMMERCE, THE GENERAL ADMINISTRATION OF CUSTOMS, THE GENERAL ADMINISTRATION OF QUALITY SUPERVISION, INSPECTION AND QUARANTINE OF THE PEOPLE’S REPUBLIC OF CHINA

Announcement No.66, 2006 of the Ministry of Commerce, the General Administration of Customs, the General Administration of Quality
Supervision, Inspection and Quarantine of the People’s Republic of China

[2006] No. 66

Some of the commodity codes in the Commodity Catalogue of Textiles Exported to the U.S. subject to the Temporary Management have been
adjusted to meet the tax item adjustment of copper-clad laminates fabric glass cloth. The details are notified as follows:

Only three commodity codes in the 622 items of the Commodity Catalogue of Textiles Exported to the U.S. subject to the Temporary Management
are concerned, namely, 7019590010 and 7019590090 shall be combined to be 70195590000, 7019520000 shall be divided into 7019520010
and 7019520090. See Appendix for details.

Appendix: Commodity Code Adjustment of some of the 622 items of the Commodity Catalogue of Textiles Exported to the U.S. subject to
the Temporary Management

Ministry of Commerce

General Administration of Customs

General Administration of Quality Supervision, Inspection and Quarantine

August 17, 2006



 
Ministry of Commerce, General Administration of Customs, General Administration of Quality Supervision, Inspection
and Quarantine
2006-08-17

 






MINISTRY OF COMMERCE ANNOUNCEMENT NO.60 ON PRELIMINARY ARBITRATION ON IMPORTED POTATO STARCH ORIGINATING FROM EU

Ministry of Commerce Announcement No.60 on Preliminary Arbitration on Imported Potato Starch Originating from EU

No.60 [2006]

In accordance with Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce released Announcement No.4, 2006
on Feb 6, 2006, deciding to carry out anti-dumping investigation on imported potato starch (hereinafter referred to as “investigated
commodities”) originating from EU.

Ministry of Commerce carried out investigation on dumping and dumping profit margin as well as injury and injury extent, according
to the results of which as well as tem No. 24 of the Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce
release preliminary attribution (please refer appendix). Relevant matters are now announced as follows:

1.

Preliminary Attribution

In accordance with investigation results, Ministry of Commerce confirms the dumping of potato starch originating from EU, industrial
injuries of domestic potato starch industry as well as the causality between dumping of the investigated commodities and the injury
of Chinese potato starch industries.

2.

Deposit

In accordance with tem No. 28 and 29 of the Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce decides
to carry out anti-dumping measures by means of cash deposit. As from Aug 18, 2006, importers shall provide relevant deposits to customs
of the People’s Republic of China for the importing of potato starch originating from the EU in accordance with anti-dumping margin
of the preliminary arbitration.

Deposit rates of different Companies:

(1)

AVEBE U.A.: 44 percent

(2)

Avebe Kartoffelstarkefabrik Prignitz/Wendland GmbH: 44 percent

(3)

ROQUETTE FRERES: 35 percent

(4)

All Others: 57.1 percent

3.

Methods of levying deposit

Import operators shall pay the corresponding deposit to the Customs of PRC as of 18 August 2006 when importing potato starch originating
from EU. The deposit shall be levied on the duty-paying value approved by the Customs, the formula of which is as follows:

Amount of deposit = (Customs dutiable value price * deposit rate) * (1+ value-added tax in the link of import)

4.

Comment

All interested parties may submit relevant evidences to Ministry of Commerce in 20 days for consideration as from release of this
announcement.

Appendix:Ministry of Commerce Preliminary Attribution on Potato Starch Originating from the EU

Ministry of Commerce

Aug 18, 2006



 
Ministry of Commerce
2006-08-18

 






POLICIES OF SUPPORTING THE DEVELOPMENT OF NATIONAL ELECTRONIC INFORMATION INDUSTRY BASES AND PARKS

Circular of the Ministry of Information Industry on Issuing the Policies of Supporting the Development of National Electronic Information
Industry Bases and Parks

Xin Bu Gui [2006] No.542

Pursuant to the Opinions of the Ministry of Information Industry on Constructing National Electronic Information Industry Bases and
Parks, the Ministry of Information Industry formulated the Measures of Supporting the Development of National Electronic Information
Industry Bases and Parks for the purpose of promoting their construction. It is hereby notified that these Measures are hereby issued,
and please abide by them.
Ministry of Information Industry of the People’s Republic of China

August 18,2006

Policies of Supporting the Development of National Electronic Information Industry Bases and Parks

It is an important move of invigorating the country through electronics to develop national electronic information industry bases
(hereinafter referred to as “the bases”) and parks (hereinafter referred to as “the parks”). These policies are formulated for the
purpose of assisting the bases and the parks in coordinating resources, enhancing their ability of independent innovation, restructuring
and upgrading industries, giving scope to their concentration, radiation and promotion and developing famous brands.

Chapter 1 Policy Objectives

Article 1

Under the guidance of the government and promotion of the market, based on the cooperation between the central government and local
authorities, and with an equal emphasis on expansion and industry upgrading, the bases and the parks are expected to promote the
regional economic restructuring and change of the pattern of economic growth, provide the platform for the domestic information industry
to “go out” and take part in international competitions, and help strengthen the independent innovation ability of the information
industry and construct a world power on electronics.

Chapter 2 Guidance on Planning

Article 2

The construction of the bases and the parks is taken as an important task of implementing the Eleventh Five-Year Special Programme
for the Informationalization of National Economy and Social Development, the Eleventh Five-Year Programme for the Information Industry
and the Eleventh Five-Year and the Long-and-Medium-Term Programmes for Science and Technology in Information Industry.

Article 3

The management of the bases and the parks shall be absorbed to take part in the formulation of the policies and the regional and
special programmes of the information industry as well as in the research of important issues concerned. Enterprises and public institutions
in the bases and the parks shall be taken as the implementing subjects of the important projects and special programmes in the information
industry, and more guidance shall be given to the development planning of the bases and the parks.

Chapter 3 Independent Innovation

Article 4

Enterprises in the bases and the parks are encouraged to establish research and development institutions, and authorize and cultivate
a number of innovative enterprises and research and development centres of the information technology. Key enterprises are encouraged
to work together to develop core technologies and formulate relative standards for the purpose of promoting the establishment of
an independent innovation system with the enterprises as the subject.

Article 5

National engineering laboratories, national key laboratories, national engineering (technology research) centres, enterprise technology
centres, scientific research institutions affiliated to the Ministry of Information Industry are encouraged to settle in the bases
and the parks for the purpose of conducting technological cooperation in various forms and industrialize the findings of scientific
research.

Article 6

The bases and the parks are supported to develop platforms of public technology, intellectual property right and information service
oriented towards the information industry, and to establish an open sharing mechanism in order to optimize the regional environment
of its development.

Chapter 4 International Cooperation

Article 7

More guidance shall be given to the bases and the parks for the purpose of attracting more investment from overseas, the leading
foreign enterprises shall be led to settle in the bases and the parks and multinational corporations shall be encouraged to establish
research and development centres in the bases and the parks.

Article 8

The bilateral and regional cooperation mechanism shall be given full play, and a good international cooperation platform shall be
established by the government for the enterprises in the bases and parks to “go out” and participate in foreign cooperation projects.
Leading enterprises are encouraged to tap foreign market and promote their ability of international management.

Article 9

An interactive early warning mechanism of the information industry, based on the bases and the parks, shall be established between
the Ministry, the provincial authorities in charge and the bases and parks for the purpose of providing support for the enterprises
in case of international trade disputes.

Chapter 5 Informationalization Construction

Article 10

The bases and the parks are encouraged to enhance their informationalization. The establishment of electronic government shall be
accelerated in the service of the enterprises in the bases and the parks, and the application of electronic signatures and certificates
of electronic authentication shall be popularized for the purpose of providing the electronic authentication service for the electronic
commerce in the bases and the parks.

Article 11

The bases and the parks shall enhance their supervision of the information system construction, and promote the experimentation,
demonstration and popularization of the regional, urban and enterprise informationalization and the transformation of the traditional
industries by information technology.

Chapter 6 Capital Investment

Article 12

The arrangement of the programmes, such as the Electronics and Information Industry Development Foundation, Integrated Circuit Research
and Development Foundation and the discount loans for the “Double-Growth Plan” of Information Technology Application, shall be in
favour of the innovative projects which the bases and the parks apply for, and special support shall be granted to the platform construction
of general technology and information service, the important technology industrialization and the projects with a large proportion
of funds from local governments.

Article 13

In the organization and implementation of special projects, such as technological progress and industrial upgrading of enterprises
in information industry, the high technology industrialization demonstration, the national engineering centre construction and other
key technologies research and development programmes, the state-level authorities concerned shall be promoted actively to grant special
aid to enterprises in the bases and the parks.

Article 14

Support shall be provided for the construction of key projects and other supporting national projects. Special funds must be established
for the bases and the parks, with no less than 50 million RMB yuan for the bases and 10 million RMB yuan for the parks annually.

Article 15

In the process of implementing the Cooperation Agreement on Development Finance for the Development of Electronic Information Industry
and the Application of Information Technology signed by the Ministry of Information Industry and China Development Bank, more support
shall be given to the enterprises in the bases and the parks which apply for the development capital loan.

Chapter 7 Personnel Cultivation and Exchanges

Article 16

The bases and the parks are encouraged to explore and establish the regional talent cultivation mechanism. Enterprises in the bases
and the parks shall be guided to cooperate with higher education institutions and research institutes to establish talent cultivation
platforms on information technology that integrates the efforts of enterprises, universities and research institutes, and the cultivation
of compound, practical and high-technical talents should be reinforced.

Article 17

The bases and the parks are encouraged to establish talent exchange mechanism. Talents in the field of information industry at home
and abroad are encouraged and guided to establish businesses and work there, and special support is given in the annual receiving
and dispatching of cadres from and to higher positions.

Article 18

The bases and the parks are encouraged to establish various continuing education bases, so that scientific innovation and knowledge
renewal of enterprises and talents can be promoted in the bases and the parks. Personnel of various kinds in the bases and parks
are encouraged to receive training courses in other countries and preferential aid shall be given to the bases and parks in intelligence
introduction programmes.

Chapter 8 Daily Management

Article 19

The Ministry of Information Industry and the information industry authorities in charge in all provinces, autonomous regions and
municipalities shall bring the support for the development of the bases and the parks into their daily management of the industry
and enhance their classified guidance. The local governments shall assign special institutions for the management of the bases and
the parks.

Article 20

The statistical work shall be enhanced. The bases and the parks shall be incorporated into the scope of statistics, a relevant statistics
system shall be established in accordance with the Regulations on the Statistics of the Electronic Information Industry, and special
analysis shall be made in the annual statistics report on the major economic index of the bases and parks.

Article 21

Green paths shall be established in the departments under the Ministry of Information Industry to offer efficient service for the
enterprises and public institutions in the bases and the parks.

Article 22

Information exchange mechanism shall be established between the Ministry of Information Industry and the bases and the parks, under
which policy briefing, information releasing, regular communication and awards and commendation are conducted to improve interactive
development.

Chapter 9 Supplementary Provisions

Article 23

The information industry authorities in local governments shall, in accordance with these Policies, formulate specific implementation
measures.

Article 24

The Ministry of Information Industry shall be responsible for interpreting the Policies herein.

Article 25

These policies shall come into force as of the date of promulgation.



 
Ministry of Information Industry
2006-08-18

 






ANNOUNCEMENT NO.56 OF THE NATIONAL DEVELOPMENT AND REFORM COMMISSION OF THE PEOPLE’S REPUBLIC OF CHINA

Announcement No.56 of the National Development and Reform Commission of the People’s Republic of China

No.56

National Development and Reform Commission has approved 93 items of industrial standards (please refer to Appendix for codes, post_titles
and dates of enforcement) such as Gap Filler of Pottery and Porcelain, Furring Tile and Ground Tile, including 18 items of building
material industry, 39 items of light industry, 29 items of coal industry, 6 items of black metallurgy industry, and 1 item of package
industry, which are now announced to the public.

Building Material Industry Press is responsible for publishing of above standards of building material industry, China Light Industry
Press is in charge of the publishing of standards of light industry, and the China Coal Industry Publishing House will publish standards
of coal industry. In addition, the Metallurgical Industrial Press will publish the standards of black metallurgy industry and the
Planning Press will publish the standards of package industry.

Appendix: Codes, post_titles and Dates of Enforcement of 93 items of Standards of building material industry, light industry, coal industry,
black metallurgy industry and package industry

National Development and Reform Commission of the People’s Republic of China

August 19, 2006



 
National Development and Reform Commission of the People’s Republic of China
2006-08-19

 






ANNOUNCEMENT NO. 57, 2006 OF NATIONAL DEVELOPMENT AND REFORM COMMISSION

Announcement No. 57, 2006 of National Development and Reform Commission

[2006] No. 57

According to the provisions of Regulations on the Implementation of Standardization Law, this Commission has organized the reexamination
of the industry standards which have been implemented more than five years. After reexamination, it is decided that 65 industry standards
shall be abolished, which include 29 standards of ferrous metallurgy including YB/T5269-1999 Alumina-carbon Block etc, 7 standards
of petrochemical including SH/T 0186-1992 Test Method for Thermo-detergency of Normal Internal-combustion Engine-oil (1135 single-cylinder
test method-135A method) etc, 24 standards of petroleum and natural gas including SY0092-1998 Code for Design of Compressed Natural
Gas Fueling Station for Vehicles etc, 5 standards of boiler and pressure vessel including JB/T1614-1994 Testing Method for Mechanics
Property of the Welds of Bearing Parts of Boilers etc (see the specific serial numbers and post_titles of these standards in the appendix).
It is hereby announced and shall come into force as of the date of promulgation of the announcement.

Appendix: The serial numbers and post_titles of the abolished industry standards of ferrous metallurgy, petroleum and chemistry, petroleum
and natural gas, boiler and pressure vessel

National Development and Reform Commission of the People’s Republic of China

August 21, 2006



 
National Development and Reform Commission
2006-08-21

 






CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON RELEVANT TAXATION POLICY ON EXPORT OF PRODUCTS CONTAINING GOLD

Circular of the State Administration of Taxation on Relevant Taxation Policy on Export of Products Containing Gold

Guo Shui Han [2006] No. 812

Bureaus of State Taxation in all provinces, autonomous regions, municipalities directly under the Central Government and cities specially
designated in the State plan:

After the release of the Supplementary Circular of the State Administration of Taxation on Relevant Issues concerning the Carrying-out
of a Tax- Exemption Policy for the Export of Products Containing Gold (Guo Shui Fa [2006] No. 10), reflections from some regions
are received in succession, demanding to continue the carrying-out of an export rebate (exemption) policy on several kinds of products
which are integrated into the Customs Commodity Codes of 3824909090 etc. and contain no gold or platinum. And after studies, a circular
is hereby given as follows:

Article 1

Export products under the Commodity Code of 3824909090 shall continue to be subject to carry out an export rebate (exemption) policy
as of May 1, 2005.

The taxation authorities in all regions shall strengthen the examination, verification, approval and supervision over export products
under this duty paragraph, and shall, if gold, platinum and other products containing gold and platinum are detected to be exported
under this duty paragraph, timely inform the State Administration of Taxation and handle in accordance with the official replies
from the State Administration of Taxation. Meanwhile, an early-warning analysis shall be strengthened, if an abnormally radical increase
in the export amount of export commodities under this duty paragraph is detected, a complete examination and verification shall be
conducted on the relevant export enterprise and supplier enterprise. And with regard to those whose suspicion of tax fraudulency
is excluded, the formalities of tax rebate (exemption) shall be handled, otherwise, such formalities shall not be handled temporarily.

Article 2

Tin wires for arc welding and tin welding under the Commodity Code of 71159090 shall continue to be subject to carry out an export
rebate (exemption) policy as of May 1, 2005.

Article 3

With regard to these aforesaid products which exceed the period for declaration of tax rebate, the taxation authorities in all regions
shall handle the declaration of tax rebate of export enterprises as normal.

State Administration of Taxation

August 22, 2006



 
State Administration of Taxation
2006-08-22

 






CIRCULAR OF THE STATE FOOD AND DRUG ADMINISTRATION ON INTENSIFYING THE SUPERVISION AND ADMINISTRATION OVER DRUG INFORMATION SERVICES VIA THE INTERNET AND DRUG TRANSACTION SERVICES VIA THE INTERNET

Circular of the State Food and Drug Administration on Intensifying the Supervision and Administration over Drug Information Services
via the Internet and Drug Transaction Services via the Internet

Guo Shi Yao Jian Shi [2006] No. 429

The food and drug bureaus (drug bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government,

With a view to strengthening the supervision and administration over drugs and guaranteeing the sound development of drug information
services via the Internet and drug transaction services via the Internet, the departments for food and drug administration of all
provinces (districts, cities) have done a lot during the earnest supervision and administration over drug information services via
the Internet and drug transaction services via the Internet and made certain achievements according to the Measures for the Administration
on Drug Information Services via the Internet and the Interim Provisions on the Examination and Approval of Drug Transaction Services
via the Internet. However, at present there are some internet websites that still illegally provide drug information services via
the Internet and drug transaction services via the Internet, publish false drug information to cheat and mislead consumers, as a
result, convenient information release and circulation channels are provided for false and inferior drugs

In order to intensify the supervision and administration over drug information services via the Internet and drug transaction services
via the Internet and ensure that the drugs are safe and effective to the general public, related matters are notified as follows,

1.

The departments for food and drug administration of all provinces (regions and municipalities) shall, strictly according to the Administrative
License Law, the Interim Provisions on the Examination and Approval of Drug Transaction Services via the Internet, and the Measures
for the Administration on Drug Information Services via the Internet, establish sound flows for the examination and approval of drug
information services via the Internet and drug transaction services via the Internet, regulate the procedures for examination and
approval and make strict examination criterions. During the process of examination, key attention shall be paid to the system as
well as the measures as provided by enterprises to ensure that the sources of drug information via the Internet are legitimate and
true. The applicant entities shall have definite and feasible management measures for the examination on drug information sources,
information collection, information editing, examination on the truthfulness of information, approval of release and other information
release procedures, and shall be able to effectively control the information release procedures.

2.

You shall, in accordance with the Measures for the Administration of Drug Information Services via the Internet, the Interim Provisions
on the Examination and Approval of Drug Transaction Services via the Internet, and the Work Schedule on the Coordination and Administration
of Internet Websites (hereinafter referred to as the Work Schedule) jointly printed and distributed by the Publicity Department of
the Central Committee of the CPC and other 15 ministries and commissions, carefully supervise and administer the drug information
services via the Internet and drug transaction services via the Internet.

(1)

You shall on your own initiatives conduct routine supervision and administration over the enterprises, which have obtained the qualifications
for undertaking drug information services via the Internet and drug transaction services via the Internet, and actively seek effective
supervision and inspection methods. Violations of laws or regulations found during the course of supervision and inspection shall
be handled strictly according to the related provisions, and the investigation and punishment result shall be notified to the information
industry department at the same level. Meanwhile, the related information and the punishment results shall be recorded in the Qualification
Certificate for Drug Information Services via the Internet (duplicate), the Qualification Certificate for Drug Transaction Services
via the Internet (duplicate) and the system for examination and approval of drug information services or transaction services.

Once the websites unlawfully engaging in providing online drug information and drug transaction services without approval are found,
they shall be investigated and punished in accordance with the Measures for the Administration on Drug Information Services via the
Internet, the Interim Provisions on the Examination and Approval of Drug Transaction Services via the Internet. And the result of
investigation and punishment shall be reported to the department of information industry at the same level in light of the requirements
of the Work Schedule. Where the circumstance is serious, you shall propose the department of information industry at the same level
to close up the illegal website.

(2)

You shall intensify routine supervision over the comprehensive portals under your respective jurisdiction, which have wide influence
and are popular among the general public. Where any website illegally releases (directly releases or provides link service to) any
drug information, it shall be handled according to the above-mentioned provisions. Where any website illegally provides any special
drug sales information or transaction service, it shall be timely notified to the public security organ at the same level.

3.

You shall, based on the special events of this year on the nationwide rectification and regulation of the drug market order, intensify
the supervision and administration over drug information services and transaction services via the Internet and integrate this task
with the tasks of cracking down on the making and sale of false and inferior drugs and of cracking down on the unlawful release of
drug advertisements. You shall, on your own initiatives, establish work coordination and information communication channels with
the related departments so as to actually and efficiently supervise and administer the drug information services and transaction
services via the Internet and guarantee that the drugs are safe and effective to the general public.

4.

The drug and food administration departments at all levels shall give full play to the supervisory force of the general public and
smoothen the channel for the general public to tip off the related information. You shall strengthen the publicity of the news related
to the supervision and administration over drug information and transaction services via the Internet, and shall timely announce
the related supervision and inspection results to the general public. Where any website illegally releases any drug information or
unlawfully provides any drug transaction service, if the circumstance is serous and has affected the safety of the consumers, the
departments for food and drug administration shall give the general public a safety warning of severely investigating and punishing
the aforesaid website according to related laws and regulations at the same time.

The State Food and Drug Administration

August 22, 2006



 
The State Food and Drug Administration
2006-08-22

 






PROVISIONS OF THE MINISTRY OF COMMERCE ON ANNOUNCING AND QUESTIONING THE BID EVALUATION RESULTS OF FOREIGN-AID PROJECTS

Notice of the Ministry of Commerce on Printing and Distributing the Provisions of the Ministry of Commerce on the Announcing and Questioning
of the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation)

Shang Yuan Fa [2006] No. 413

The competent departments of commerce of all provinces, autonomous regions and municipalities directly under the Central Government,
all the enterprises that undertake the implementation, exploration and design, construction supervision and counseling of foreign-aid
projects,

For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects and effectively
implement the principles of “fairness, impartiality and openness”, the Ministry of Commerce has constituted the Provisions of the
Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation),
which is hereby printed and distributed to you and shall go into effect as of September 1, 2006.

The department of this Ministry that uniformly accepts the questions over announced bid evaluation results of foreign aid projects
and the contact ways thereof are as follows,

The accepting department: Foreign Aid Department of the Ministry of Commerce

Address: No. 82 Dong’anmen Street, Beijing

Floor 6th, Dong’anmen Office District, the Ministry of Commerce

Contact Number: 010-85226617, 85226649

Fax: 010-65129350

The Ministry of Commerce of the People’s Republic of China

August 22, 2006

Provisions of the Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects

For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects, effectively
implementing the principles of “fairness, impartiality, openness and optimum selection” and strengthening the credibility of bid
evaluation results, the Ministry of Commerce has decided to try out the announcing and questioning of bid evaluation results of foreign
aid projects, which goes as follows:

1.

The foreign aid projects, whose implementation entities are selected by way of competitive bidding, shall all be listed into the announcing
scope of bid evaluation results, which concretely includes the construction, exploration and design and the construction supervision
of whole sets of foreign aid projects as well as foreign aid material projects (including single equipment projects).

In case the scope of publicity shall be expanded as required by business development, the Ministry of Commerce shall make supplementary
provisions thereon and publish them.

2.

The bid evaluation result of a foreign aid project shall be announced after the related bid opening is conducted and before a notice
on bid awarding is officially distributed. The period for the announcement shall be 5 workdays in general and may be 3 workdays upon
approval under special circumstances, which shall be clearly indicated in the circular on bid opening by the Ministry of Commerce.

Where there is no question or all questions are settled upon expiration of the period for announcement, the Ministry of Commerce shall
distribute a notice on bid awarding to the bid winner.

3.

The Ministry of Commerce shall announce the following items to the bidding enterprises through the “Exclusive Network for Foreign
Aid Bidding”,

(1)

main contents of the bid evaluation report, including the validation of the effectiveness of bids that have been effectively served,
qualitative judgment, quantified scoring and major reasons for deducting scores.

(2)

result of bid opening;

(3)

contact persons and contact information for consulting the contents of the bid evaluation report, which have been designated for explanation;
and

(4)

how to raise questions and the question accepting organ.

4.

Bidding enterprises shall, within the period of announcement, consult by themselves the published bid evaluation results through the
exclusive bidding network. In case any bidding enterprise has any question about the contents of a bid evaluation report, it may
request the contact person as designated by the Ministry of Commerce to make technical explanations and descriptions at first.

5.

Bidding enterprises, which have any different opinion on any bid evaluation result (hereinafter referred to as the question raiser)
may raise question over the following problems within the period of announcement,

(1)

any law-breaking or rule-breaking act in the bidding procedures;

(2)

any law-breaking or rule-breaking act during the organization of bid evaluation; or

(3)

any law-breaking or rule-breaking act concerning bid evaluation results.

6.

The question raiser shall fill in a Questioning Form of Bid Evaluation Results (see the appendix for details) to raise questions,
which shall be affixed with the seal of its legal representative or the authorized representative thereof and thereafter be served,
with the related certification materials, on the question accepting organ. And then it may be deemed as effective. In case any Questioning
Form of Bid Evaluation Results fails to be served within the period of announcement, the related question raiser shall, within the
period of announcement, serve the Questioning Form of Bidding Evaluation Results and related certification materials in written form
by fax to the question accepting organ, of which the originals shall be made up within 2 workdays thereafter so as to validate the
question.

7.

The question raiser shall guarantee the authenticity and lawfulness of the source of its questioned contents and related certification
materials, and shall assume the related legal liabilities.

Where, upon verification, the question raiser brings forward any false questions, yet if it is not out of any subjective deliberate
intent and no serious consequence has been incurred, the Ministry of Commerce shall give a written criticism and warning to it. In
case any question raiser has any subjective deliberate intent to make any false question or where any false question has any negative
impact on or incurs economic losses to the normal implementation of a project subject to bidding, the Ministry of Commerce shall,
depending on circumstances, stop inviting the enterprises to join the bidding of the foreign aid project within 1-2 years.

8.

The Ministry of Commerce (to be specific, Foreign Trade Department) shall uniformly be responsible for accepting the questions posed
by question raisers concerning the announced bid evaluation results of foreign aid projects and opening the exclusive telephone and
fax.

9.

Questions may not be accepted under any of the following circumstances:

(1)

where it fails to be effectively served in accordance with these provisions;

(2)

where it is brought forward by a non-bidder;

(3)

where no legal seal is affixed to the Questioning Form of Bid Evaluation Results as well as the related letters;

(4)

where there is no clear content, clue or related evidence; or

(5)

where any different opinion is raised merely against the bid evaluation result in the absence of any related evidence.

10.

The Ministry of Commerce shall inform the question raiser of the result of question treatment within 10 workdays as of the day when
a question is accepted.

The results of question treatment are classified into three types: maintaining the bid evaluation result, altering the bid winner
and announcing the invalidity of the bidding. In particular, where a bid winner is altered, the new winner shall be announced via
the “Exclusive Network for Foreign Aid Bidding” within the period of announcement as prescribed herein. In case any bidding is announced
invalid, a new bidding shall be organized or the way of bidding shall be separately decided.

11.

In case a question raiser has any different opinion on the treatment of its question, an administrative review or lawsuit may be raised
under law.

12.

The Ministry of Commerce is responsible for interpreting such matters as are not prescribed herein.

These Provisions shall go into effect as of September 1, 2006.

The Ministry of Commerce of the People’s Republic of China

August 1, 2006



 
The Ministry of Commerce
2006-08-22

 






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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