CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO TOBACCO PATENT SALES LICENSES CHAPTER THREE PLANTATION, PURCHASE AND APPROPRIATION OF TOBACCO
LEAVES CHAPTER FOUR PRODUCTION OF TOBACCO PRODUCTS CHAPTER FIVE SALES OF TOBACCO PRODUCTS CHAPTER SIX TRANSPORTATION OF PATENT SALES
TOBACCO PRODUCTS CHAPTER SEVEN PRODUCTION AND SALE OF CIGARETTE PAPER, FILTER TIPS, CIGARETTE CELLULOSE, AND SPECIAL CIGARETTE MAKING
MACHINERIES CHAPTER EIGHT IMPORT AND EXPORT TRADE AND FOREIGN ECONOMIC AND TECHNICAL COOPERATION CHAPTER NINE SUPERVISION AND EXAMINATION
CHAPTER TEN LEGAL LIABILITY CHAPTER ELEVEN SUPPLEMENTARY PROVISIONS
Article 1 The detailed rules have been formulated pursuant to the “Tobacco Patent Sales Law of the People’s Republic of China” (hereinafter
referred to as “Tobacco Patent Sales Law”).
Article 2 Tobacco patent sales refer to monopoly of the State of the administration of production, marketing and import and export of patent
tobacco products.
Article 3 Patent cut tobacco refers to tobacco filaments, dust and granules processed with tobacco leaves, re-cured tobacco leaves and tobacco
sheets as raw materials.
Article 4 Institution of functions and administrative system of departments in charge of tobacco patent sales of the State Council and various
provinces, autonomous regions and municipalities shall be done in accordance with the provisions of Article 4 of the Tobacco Patent
Sales Law. For cities and counties which do not have administrative departments in charge of tobacco patent sales, the departments
of the cities and counties in charge of tobacco patent sales shall take charge of such rules under dual leadership of the tobacco
patent sales administrative departments in charge at the next higher level and the people’s governments at the same level, with the
tobacco patent sales administrative departments in charge at the next higher level to assume the main leadership.
Article 5 The State shall control over the tar contents of cigarettes and cigars and major additives to cigarettes and cigars. Tobacco products
manufacturers should not use harmful additives and colorants in violation of the ralated provisions by the State.
CHAPTER TWO TOBACCO PATENT SALES LICENSES
Article 6 Application for tobacco patent sales licenses shall be required according to the provisions of the Tobacco Patent Sales Law and the
provisions of this set of rules for producing and handling wholesale and retail sale of tobacco products subject to patent sales
and for handling imports and exports of such products and for handling purchase and marketing of foreign tobacco products.
Tobacco Patent sales licenses are divided into:
(1) Tobacco Patent Production Enterprise License;
(2) Tobacco Patent Wholesale Enterprise License;
(3) Tobacco Patent Retail Sale Enterprise License;
(4) Special Tobacco Monopoly Business License;
Article 7 The following requirements shall be met in obtaining Tobacco Patent Production Enterprise Licenses:
(1) To have adequate amount of funds for producing the patent tobacco products;
(2) To have the technology and equipment for producing the patene tobacco products;
(3) To adapt to the requirements of the State industrial policies for the tobacco industry; and
(4) To adapt to other requirements as provided for by the State Council department in charge of tobacco potent sales.
Article 8 The following requirements shall be met in obtaining Tobacco Patant Wholesale Enterprise Licenses:
(1) To have adequate funds for wholesale of patent tobacco products;
(2) To have adaquate operational site and personnel;
(3) To conform to the requirements of the distribution of patent tobacco wholesale enterprises; and
(4) To conform to other requirements as provided for by the State Council department in charge of tobacco patent sales.
Article 9 The following requirements shall be met in obtaining Tobacco Patent Retailsales Enterprise Licenses:
(1) To have adequate funds for retailsale of patent tobacco products;
(2) To have the fixed site for business operations;
(3) To conform to the requirements of the distribution of patent tobacco retailsales enterprises; and
(4) To conform to other requirements as provided for by the State Council department in charge of tobacco patent sales.
Article 10 The following requirements should be met for obtaining Tobacco Patent Sales Enterprise Licenses:
(1) To have corresponding funds for handling tobacco and related products patent sales;
(2) To have a fixed site and adequate professional personnel for business operation;
(3) To conform with the rational distribution of tobacco patent retail sales enterprises; and
(4) To conform with other requirements as provided for by the State Council department in charge of tobacco patent sales.
Article 11 Administrative department in charge of tobacco patent sales under the State Council shall be responsible for issuance of licenses
and administration of patent sales of tobacco products and transport of such products according to the Tobacco Patent Sales Law and
the provisions of this set of regulations.
Article 12 In applying for a license for the production of tobacco products for patent sales, an application should first of all be filed with
the administrative departments in charge of tobacco patent sales of the province, autonomous region or municipality (hereinafter
referred to as provincial level), for an examination comments and submitted to the administrative department in charge of tobacco
patent sales under the State Council for approval and issuance of the license.
Article 13 In applying for licenses for wholesale of tobacco patent products for trans-provincial, autonomous regional or municipal operations,
an application should be first of all filed with the provincial level administrative departments in charge of tobacco patent sales
for examination and comments and then submitted to the administrative department under the State Council in charge of tobacco patent
sales for approval and issuance of the license.
In applying for a license for wholesale of tobacco patent sales products within a province, autonomous region or municipality, an
application should first of all be filed with the administrative departments in charge of tobacco patent sales in its domicile for
examination comments and then submitted to the provincial level administrative departments in charge of tobacco patent sales for
approval and issuance of the license.
Article 14 In applying for a license for patent retail sales of tobacco products, the provisions of the Tobacco Patent Sales Law shall apply.
Article 15 In applying for a business license for special tobacco patent sales for import and export of tobacco patent sales products or sales
of foreign patent sales tobacco products, an application should first of all be filed with the provincial level administrative departments
in charge of tobacco patent sales for examination and comments and then submitted to the administrative department under the State
Council in charge of tobacco patent sales for approval and issuance of the license.
In applying for a special business license for sales of duty-free foreign tobacco patent sales products within the Customs control
areas, an application should first of all be filed with the administrative department in charge of tobacco patent sales in its domicile
for examination and comments and then submitted to the provincial level administrative department in charge of tobacco patent sales
for approval and issuance of the license.
Article 16 Organs responsible for issuance of tobacco patent sales licenses should, regularly or irregularly check enterprises or individuals
that have obtained such licenses. If any case is found to have failed to meet the requirements of the Tobacco Patent Sales Law and
this set of regulations, the organs that issued the license shall order a temporary stop of the patent sales for carrying out a rectification
until all the requirements are met.
The specific procedures for control of tobacco patent sales licenses shall be worked out by the administrative department in charge
of tobacco patent sales under the State Council according to the provisions of this set of regulations.
CHAPTER THREE PLANTATION, PURCHASE AND APPROPRIATION OF TOBACCO LEAVES
Article 17 Administrative department in charge of tobacco patent sales under the State Council shall, together with people’s governments of
related provinces, autonomous regions and municipalities, map out plans for tobacco plantation according to the requirements of rational
distribution and the State plans under the principle of improved strains, regionalization and standardization.
Article 18 Tobacco leaves should be purchased in a unified way by tobacco companies or their entrusted units. Tobacco companies or their entrusted
units may, according to needs, open tobacco purchasing stations (points) to purchase tobacco in areas that have received plans for
purchasing tobacco issued by the State. The opening of such purchasing stations (points) should get the approval of provincial level
administrative departments in charge of tobacco patent sales. Without approval, no unit or individual is allowed to purchase tobacco
leaves.
Article 19 Groups for grading of tobacco leaves should be erected by local administrative departments in charge of tobacco patent sales, together
with related departments at the same level and tobacco producers to coordinate appraisals of grades of tobacco leaves for purchase.
Article 20 Plans for State reserves, exports and appropriation of tobacco leaves shall be issued by the planning department of the State Council.
CHAPTER FOUR PRODUCTION OF TOBACCO PRODUCTS
Article 21 Startups of tobacco product producers shall be applied by the provincial level tobacco patent sales administrative departments to
the State Council administrative department in charge of tobacco patent sales for approval and issuance of licenses and to the administrations
for industry and commerce for registration as tobacco patent sales production enterprises.
Article 22 Producers of tobacco products should strictly operate according to the production plan issued by the State.
Article 23 It is forbidden to use rotten tobacco leaves to make cigarettes, cigars or cut tobacco.
Article 24 Registrations of trademarks should be undertaken for cigarettes, cigars and packed cut tobacco. In application for the registration,
document of approval for production issued by the State Council administrative Department in charge of tobacco patent sales should
be presented according to law.
CHAPTER FIVE SALES OF TOBACCO PRODUCTS
Article 25 Enterprises that have obtained licenses for patent wholesale of tobacco products should operate within the scope and areas specified
in the licenses.
Enterprises or individuals that have obtained licenses for patent retail sales of tobacco products should buy the products for sales
from the local tobacco patent wholesale enterprises and accept the supervision and control by the organs issuing the tobacco patent
sales licenses.
Article 26 A unit or individual without a tobacco wholesale patent license to one time sales of over 50 cartons of cigarettes or cigars shall
be regarded as a wholesale business without license.
Article 27 No unit or individual is allowed to sell illegally produced tobacco products.
Article 28 Producers of tobacco products for patent sales or patent tobacco wholesalers must not provide tobacco products to units or individuals
that are unavailable with tobacco patent retail sales licenses.
Article 29 Cigarettes and cigars to be sold within the territory of PRC should have Chinese words to indicate tar contents of the products and
the words “Cigarette smoking is harmful to health” on the surface of the packs.
Article 30 State Council administrative department in charge of tobacco patent sales shall, if necessary, distribute cigarettes and cigars among
different provinces, autonomous regions and municipalities according to market demand.
Article 31 It is forbidden to sell rotten or deteriorated tobacco products. Rotten or deteriorated tobacco products should be destroyed under
the guidance of administrative departments in charge of tobacco patent sales or related administrative departments.
Article 32 Tobacco products with forged or phony trademarks discovered by related departments according to law shall be destroyed openly by
administrative departments in charge of tobacco patent sales according to the related regulations but not to be resold by any means.
Article 33 The appraisals and testing of tobacco products with forged or phony trademarks shall be carried out by tobacco quality testing stations
designated by quality control and supervision department of the State Council or the people’s governments of provinces, autonomous
regions and municipalities.
CHAPTER SIX TRANSPORTATION OF PATENT SALES TOBACCO PRODUCTS
Article 34 Licenses for transporting patent sales tobacco products shall be approved and issued by administrative departments in charge of tobacco
patent sales at and above provincial level or their authorized organs. Procedures for administration of licenses for transport of
patent sales tobacco products shall be worked out by the State Council administrative department in charge of tobacco patent sales.
Article 35 Trans-provincial, autonomous regional and municipal transportation of imported patent sales tobacco products, home-made special tobacco
machineries and cigarette cellulose, filter tips and imported cigarette paper cuts should be made by one’s own effort or on consignment
basis on the strength of licenses for transport of patent sales tobacco products signed and issued by the administrative department
of the State Council in charge of tobacco patent sales.
Trans-provincial, autonomous regional and municipal transportation of domestic patent sales tobacco products other than domestically
manufactured tobacco special machinery and cigarette cellulose, filter tips and imported cigarette paper cuts should be made by one’s
own effort or on consignment basis on the strength of licenses for transport of patent sales tobacco products signed and issued by
the administrative department of the State Council in charge of tobacco patent sales or by provincial level tobacco patent sales
administrative department.
Trans-city or county transportation of patent sales tobacco products within a province, autonomous region or municipality should be
made by one’s own effort or on consignment basis on the strength of licenses for transport of patent sales tobacco products signed
and issued by the provincial level administrative departments in charge of tobacco patent sales or by units entrusted by them.
The transportation of confiscated smuggled patent sales tobacco products should be made by one’s own effort or on consignment basis
on the strength of licenses for transport of patent sales tobacco products signed and issued by the administrative department of
the State Council in charge of tobacco patent sales.
Article 36 It shall be considered as transportation of patent sales tobacco products without transport licenses in one of the following cases:
1. The amount and scope of patent sales tobacco products transported have gone beyond the limits as prescribed in the transport licenses;
2. Use of overdue, altered or copied patent sales tobacco products transport licenses;
3. Bearing no license for transport of patent sales tobacco and failure to present valid certificate certifying the purchase of patent
sales tobacco products in the locality; and
4. Other acts involving the transport of patent sales tobacco products without a transport license.
Article 37 The transship of patent sales tobacco products which is put under the control by the Customs shall go through the transshipping formalities
according to the regulations of the Customs on transshipment.
CHAPTER SEVEN PRODUCTION AND SALE OF CIGARETTE PAPER, FILTER TIPS, CIGARETTE CELLULOSE, AND SPECIAL CIGARETTE MAKING MACHINERIES
Article 38 Tobacco patent wholesale enterprises and tobacco products production enterprises should purchase cigarette paper, filter tips, cigarette
cellulose and special cigarette making machineries exclusively from enterprises with patent tobacco production licenses, special
patent tobacco businesses licenses. Enterprises producing cigarette paper, filter tips, cigarette cellulose and special cigarette
making machineries should not sell their products to units or individuals without a patent tobacco production license.
Article 39 The procurement, sale and transfer of special cigarette making machineries should have prior approval of the administrative department
in charge of patent tobacco sales under the State Council.
The catalog of special cigarette making machineries shall be compiled by the administrative department in charge of patent tobacco
sales under the State Council.
Article 40 No unit or individual is allowed to sell special cigarette making machineries, cigarette paper, filter tips and cigarette tip cellulose.
Obsolete and illegally assembled special cigarette making machineries, sub-standard cigarette paper, filter tips and cigarette cellulose
and their odds and ends should be put under the disposal of local administrative departments in charge of patent tobacco sales and
are not allowed to be sold by any means.
CHAPTER EIGHT IMPORT AND EXPORT TRADE AND FOREIGN ECONOMIC AND TECHNICAL
Article 41 The establishment of patent tobacco production enterprises with foreign investment should get the prior consent from the administrative
department in charge of tobacco patent sales under the State Council as according to related regulations of the State.
Article 42 Import of patent sales tobacco products can only be handled by enterprises with special patent tobacco business licenses. The plan
for such import should be examined and approved by the administrative department in charge of tobacco patent sales under the State
Council.
Article 43 Tobacco products imported duty-free should be kept at bonded warehouses designated by the Customs and locked and controlled by local
administrative departments in charge of tobacco patent sales and the Customs houses designated by the administrative department in
charge of tobacco patent sales under the State Council. The Customs should certify each package of foreign tobacco products imported
duty-free according to the import plan which has been approved by the administrative department in charge of tobacco patent sales
under the State Council.
Article 44 Duty-free cigarettes and cigars should only be put on retail sales inside the areas under the control of the Customs with special
signs prescribed by the administrative department in charge of tobacco patent sales under the State Council on the packs and cartons.
Article 45 Cigarettes and cigars especially for export should bear the Chinese words of “For Export Only” on the packs and cartons.
CHAPTER NINE SUPERVISION AND EXAMINATION
Article 46 Administrative departments in charge of tobacco patent sales should supervise over and check on the implementation of the Tobacco
Patent Sales Law and the provisions of this set of regulations, explore and punish cases that have been found violated the Tobacco
Patent Sales Law and the provisions of this set of regulations and, together with related departments of the State, check and punish
smuggling of tobacco patent sales products, sales of smuggled goods and fake or shoddy tobacco patent sales products.
Article 47 The opening of tobacco patent sales markets should be examined and approved by the administrative department in charge of tobacco
patent sales under the State Council. Tobacco patent sales markets that have not been approved should be banned by the people’s governments
above the county level.
Article 48 The administrative department in charge of tobacco patent sales under the State Council shall, if necessary, set up offices in major
areas according to the actual circumstances; provincial administrative departments in charge of tobacco patent sales shall, if necessary,
station personnel in tobacco patent production and business enterprises. The offices or personnel stationed shall carry out supervision
and checks on production and business activities within the scope authorized by the departments that have set up the offices or stationed
personnel.
Article 49 In examining and punishing cases that have violated the Tobacco Patent Sales Law and the provisions of this set of regulations, administrative
departments in charge of tobacco patent sales may exercise the following powers and functions:
1. to inquire into parties, suspects and witnesses concerned;
2. to check the business sites of parties concerned and dispose of the patent sales tobacco products produced or managed illegally;
and
3. to refer to and copy contracts, invoices, accounts, bills, records, documents, business letters and other materials related to
the law- violating acts.
Article 50 Administrative departments in charge of tobacco patent sales may on its own or together with related departments carry out check
and handle illegal transportation of patent sales tobacco products.
Article 51 Patent sales tobacco products confiscated according to law by the people’s court or the patent administrative departments concerned
in charge of tobacco patent sales and patent sales tobacco products used as penalty funds, pecuniary money or tax payment should
be auctioned according to relevant regulations of the State and bidders should enter in the auction upon the strength of tobacco
patent wholesale licenses. Bidders for foreign tobacco products should have acquired a tobacco patent sales business license.
Auctioning enterprises established according to law shall verify the qualifications of bidders and accept supervision by administrative
departments concerned in charge of tobacco patent sales in their work of auctioning tobacco patent sales products.
Article 52 In performing their duties, tobacco patent sales inspection personnel of administrative departments concerned in charge of tobacco
patent sales shall wear badges issued by the tobacco patent sales administrative department under the State Council and present inspection
certificates issued by provincial level tobacco patent sales administrative departments.
Article 53 Units or individuals who have done a good work in reporting cases violating tobacco patent sales law shall be rewarded.
Article 54 Punishments as defined in Article 30 of this set of regulations should be meted out as:
1. For purchasing tobacco leaves without authorization, a fine amounting to over 20% and less than 50% of the value of tobacco purchased
illegally shall be imposed and the tobacco leaves illegally purchased shall be purchased at State listed prices;
2. For cases of purchasing more than 1,000 kilograms of tobacco leaves without authorization, the tobacco leaves illegally purchased
together with all the illegal proceeds, shall be confiscated.
Article 55 Punishments as defined in Article 31 of this set of regulations shall be meted out as:
1. For consigning or self-transportation of tobacco patent sales products without transport passes or the amount of tobacco patent
sales products carried has exceeded the amount prescribed in the transport passes, a fine amounting to over 20% and less than 50%
of the value of the products illegally transported and the tobacco patent sales products may be pruchased at State listed prices.
2. Tobacco patent sales products transported illegally and all the proceeds shall be confiscated in one of the following cases:
(1) The value of tobacco patent sales products illegally transported has exceeded RMB 50,000 or the amount of cigarettes has exceeded
100 parcels (one parcel includes 10,000 cigarettes);
(2) Those who have been punished at least twice by administrative departments in charge of tobacco patent sales;
(3) Resisting the inspection by the inspection personnel of administrative departments in charge of tobacco patent sales;
(4) Illegally transporting smuggled tobacco patent sales products;
(5) Transporting tobacco patent sales products manufactured by enterprises without tobacco patent sales production licenses;
(6) Illegal camouflaged transportation of tobacco patent sales products;
(7) Evading inspection by using special purpose transportation means to carry tobacco patent sales products; and
(8) Other illegal transportation acts and the cases are very serious.
3. For units or individuals who intentionally transport tobacco patent sales products without transport passes, their illegal proceeds
shall be confiscated and a fine amounting to over 10% and less than 20% of the value of the tobacco patent sales products transported
shall be imposed.
4. For cases of sending by post or carrying tobacco leaves and tobacco products from one place to another with the sending or carrying
amounts exceeding more than one time the limits set by the related department of the State Council, punishments shall be meted out
according to the provisions of Article 32 of this set of regulations.
Article 56 Punishments as defined in Article 32 of this set of regulations shall be meted out as:
1. For enterprises producing tobacco products without patent tobacco production licenses, administrative departments in charge of
tobacco patent sales shall order them to shut down and confiscate all the illegal proceeds and impose a fine amounting to one time
and less than two times the value of the tobacco products produced and the tobacco products confiscated shall be destroyed openly.
2. For enterprises producing cigarette paper, filter tips, tobacco cellulose or special equipment for making tobacco without licenses,
administrative departments in charge of tobacco patent sales shall order them to shut down and confiscate all the illegal proceeds
and impose a fine amounting to one time and less than two times the value of the products produced and the products confiscated shall
be destroyed openly.
Article 57 For cases of illegally handling wholesales of tobacco products without licenses as defined in Article 33 of this set of regulations,
administrative departments in charge of tobacco patent sales shall order them to shut down or stop the wholesale business, confiscate
all the illegal proceeds and impose a fine amounting to over 50% and less than one time the value of the tobacco products sold.
Article 58 Punishments as defined in Article 32 of this set of regulations shall be meted out as:
1. For handling import and export business of tobacco patent sales products without licenses, administrative departments in charge
of tobacco patent sales shall order them to stop such business, confiscate all the illegal proceeds and impose a fine amounting to
over 50% and less than one time the value of the business handled.
2. For businesses handling the selling and buying of foreign tobacco products without special tobacco patent sales business licenses,
administrative departments in charge of tobacco patent sales shall order them to stop such business, confiscate all the illegal proceeds
and impose a fine amounting to 20%-50% of the value of the products handled illegally.
Article 59 For licensed tobacco patent wholesale enterprises that have violated the provisions of the first paragraph of Article 25 of this
set of regulations by handling wholesales beyond the business and geographical scopes, administrative departments in charge of tobacco
patent sales shall order them to suspend their businesses, and confiscate all the illegal proceeds and impose a fine amounting to
10%- 20% of the value of the products handled.
Article 60 For tobacco patent retail sale enterprises or individuals that have violated the provisions of the second paragraph of Article 25
of this set of regulations by failing to procure products from local tobacco patent wholesalers, administrative departments in charge
of tobacco patent sales shall confiscate all the illegal proceeds and impose a fine amounting to 5%-10% of the value of the products
procured.
Article 61 For cases that handle retail sale of tobacco products without tobacco patent retail sales licenses, administration for industry and
commerce or administrative departments in charge of tobacco patent sales, according to the opinion of administration for industry
and commerce, shall order them to stop their retail sales businesses, confiscate all the illegal proceeds and impose a fine amounting
to 20%- 50% of the value of the products handled.
Article 62 For cases of marketing illegally manufactured tobacco patent sales products in violation of Article 27, the first paragraph of Article
40 of this set of regulations, administrative departments in charge of tobacco patent sales shall order them to stop the marketing
operations, confiscate all the illegal proceeds and impose a fine amounting to 20%-50% of the value of the products marketed and
the tobacco patent sales products confiscated shall be destroyed openly.
Article 63 For cases of handling trans-provincial, autonomous regional and municipal tobacco products wholesale business without obtaining tobacco
patent wholesale licenses in violation of this set of regulations, administrative department in charge of tobacco patent sales shall
impose a fine amounting to over 10% and less than 20% of the value of the total amount handled.
Article 64 For cases that provide tobacco patent sales products to units or individuals without tobacco patent sales licenses in violation of
the provisions of Article 28 and the second paragraph of Article 38 of this set of regulations, administrative departments in charge
of tobacco patent sales shall confiscate all the illegal proceeds and impose a fine amounting to 20%-50% of the value of the products
sold.
Article 65 For tobacco wholesale enterprises
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The Ministry of Construction
Circular on Distributing the Interim Measures for Bid-Inviting and Bidding Management of Preliminary Realty Management of the Ministry
of Construction
JianZhuFang [2003] No.130
The construction departments of the provinces and autonomous regions, the bureaus of the real estate administration of the municipalities
directly under the Central Government, and the Construction Bureau of Xinjiang Production and Construction Regime:
In order to regulate the bid-inviting and bidding activities of the realty management, to safeguard the legitimate rights and interests
of the bid-inviting and bidding parties, and to promote the fair competition of the realty management market, the Interim Measures
for Bid-Inviting and Bidding Management of Preliminary Realty Management are hereby formulated and distributed to you, which are
required for implementation. Please inform the House and Real Estate Department of our Ministry of any circumstances during the implementation.
The Ministry of Construction of PRC
June 26, 2003
Interim Measures for Bid-Inviting and Bidding Management of Preliminary Realty Management
Chapter I General Provisions
Article 1
The Measures are formulated in order to regulate the bid-inviting and bidding activities of the realty management, to safeguard the
legitimate rights and interests of the bid-inviting and bidding parties, and to promote the fair competition of the realty management
market.
Article 2
The preliminary realty management herein shall refer to the realty management implemented by the realty management enterprise engaged
by the construction entity before the owners or the owners commission select a realty management enterprise at its own discretion.
The Measures shall apply when the construction entity selects the realty management enterprises with the corresponding qualification
and when the administrative departments supervise and manage the bid-invitation and bidding activities of the realty management through
bid-invitation and bidding.
Article 3
A construction entity of any residential and the non-residential realty in a same realty management area shall select the realty management
enterprise with the corresponding qualification through bid-invitation and bidding; and where there are no more than 3 bidders or
the residence scale is relatively small, the construction entity may select the realty management enterprise with the corresponding
qualifications through agreement upon approval by the administrative department of real estate of the peoples government of the
district or county of the place where the realty is located.
The state promotes that the construction entities of other realty engage the realty management enterprises with the corresponding
qualification via bid invitation and bidding.
Article 4
The bid-invitation and bidding activities of preliminary realty management shall stick to the principle of openness, fairness, justice
and good faith.
Article 5
The administrative department of construction under the State Council shall be in charge of the supervision and administration of
the bid-inviting and bidding activities of the realty management activities all over the country.
The administrative departments of construction of the local peoples governments of the provinces and autonomous regions shall be
in charge of the supervision and administration on the bid-inviting and bidding activities of the realty management activities within
their respective administrative divisions.
The administrative departments of real estate of the local peoples governments of the municipalities directly under the Central
Government, prefectures and counties shall be in charge of the supervision and administration on the bid-inviting and bidding activities
of the realty management activities in their respective administrative divisions.
Article 6
Any entity and individual shall not violate the provisions of laws and administrative regulations, restrict or exclude the eligible
realty management enterprise from participating in the bidding or illegally intervene the bid-inviting and bidding activities of
realty management in any way.
Chapter II Bid Invitation
Article 7
The bid inviter herein refers to the realty construction entity that carries out the bid-inviting of preliminary realty management
according to law.
The bid-invitation of preliminary realty management shall be organized and implemented by the bid inviter. The bid inviter shall not
restrict or exclude the potential bidders with imposition of irrational conditions, carry out discriminative treatment to the potential
bidders or put forward the requirements of excessive high qualifications inconsistent with the actual requirements for the bid invitation
of the realty management project to the potential bidders.
Article 8
The bid invitation of preliminary realty management includes open bidding and invited bidding.
In case of open bidding, the bid inviter shall promulgate the bid-inviting announcement on public medium, and at the same time promulgate
free bid-inviting announcement on the China Information Website of Housing and Real Estates and the site of China Association of
Realty Management.
The bid-inviting announcement shall clearly state the name and address of the bid inviter, the basic circumstances of the bid-inviting
project and the method for obtaining the bid-inviting documents, etc.
In case of invited bidding, the bid inviter shall issue bidding invitations to no less than 3 realty management enterprises, which
should include the same items as stipulated by the preceding paragraph.
Article 9
The bid inviter may entrust the bid-inviting agency to handle with the bid invitation, and if competent, the bid inviter may also
organize and implement the bid-inviting activities by itself.
The bid-inviting agency of realty management shall handle with the bid invitation in the authorized scope of the bid inviter and abide
by the relevant provisions of the Measures on the bid inviter.
Article 10
The bid inviter shall complete the preparation of the bid-inviting documents prior to the bid invitation according to the features
and requirements of the realty management project
The bid-inviting documents shall include the following content:
(I)
brief introduction of the bid inviter and the bid-inviting project, including name, address, contact information of the bid inviter,
the basic circumstance of the project, and the housing and the relevant facilities for realty management use, etc;
(II)
content and requirement of the realty management service, including service content, service standards, etc;
(III)
requirements for the bidder and bidding documents, including the qualification of the bidder, the format and the main content of the
bidding documents, etc;
(IV)
standard and method for bidding evaluation;
(V)
bid-inviting scheme, including bid-inviting organizations and institutions, the time and place for opening of bidding, etc;
(VI)
instructions on signing the realty service contract;
(VII)
other instructions and other content as provided for by laws and regulations;
Article 11
The bid inviter shallwithin 10 days upon the issuance of the bidding invitation, submit the following materials for filling by the
administrative department of real estates of the peoples government at the county level or above of the place where the realty
project is located:
(I)
the government approval for the development and construction of the realty project relating to the realty management;
(II)
the bid-inviting announcement or bid invitation;
(III)
the bid-inviting documents;
(IV)
other materials as provided for by laws and regulations.
In case of violation of the provisions of laws and regulations during bid invitation, the administrative departments of real estates
shall timely order the bid inviter to rectify.
Article 12
The bid inviter of the open bidding may pre-examine the bidding qualification of the bidding applicants according to the provisions
of the bid-inviting documents.
For the realty management project carrying out the pre-examination of the bidding qualification, the bid inviter shall clearly state
the conditions of the qualification pre-examination and the method for obtaining the bid-inviting documents on the bid-inviting announcement.
The documents of the qualification pre-examination shall generally include the application format of the qualification pre-examination,
the notice of applicant, and the qualification documents, performance, technological equipment and financial situation of the enterprise
which bidding applicants are required to provide, as well as the resumes, performance, etc certificate materials of projected project
executives and main management persons.
Article 13
Upon qualification pre-examination, the bid inviter of the open bidding shall issue the qualified notification of qualification pre-examination
to the bidding applicants who are qualified in the qualification pre-examination, inform them of the time, place and method for obtaining
the bid-inviting documents, and issue the result of qualification pre-examination to the bidding applicants who are not unqualified.
In case of excessive bidding applicants who are qualified in the qualification pre-examination, the bid inviter may choose no less
than 5 bidding applicants who are qualified in the qualification pre-examination.
Article 14
The bid inviter shall determine the reasonable time required by the bidder for preparation of the bidding documents. In case of the
realty management project of open bidding, it shall be no less than 20 days from the day of issuing the bid-inviting documents to
the day when the bidders submit the bidding documents.
Article 15
In case of carrying out necessary clarification or modification, the bid inviter shall notify all recipients of the bid-inviting documents
in written at least 15 days prior to the deadline for submission of the bidding documents required in the bid-inviting documents.
The content of clarification or modification is the integral part of the bid-inviting documents.
Article 16
The bid inviter may organize the potential bidding applicants to visit and investigate on the site of the realty project and provide
the detailed materials of concealed project drawings, etc. For the question posed by the bidding applicants, the bid inviter shall
make clarifications and send the written notice thereof to all recipients of the bid-inviting documents.
Article 17
The bid inviter shall not disclose name and quantity of the potential bidders who have obtained the bid-inviting documents and other
relevant bid-inviting and bidding circumstances possibly influencing fair competition.
Article 18
Prior to determining the bid winner, the bid inviter shall not hold negotiations with the bidder on the substantive content of bidding
price, bidding scheme, etc.
Article 19
In case of selecting realty management enterprise through bid-invitation and bidding, the bid inviter shall complete the bid-inviting
and bidding works of the realty management in the time schedule specified as follows:
(I)
projects of newly established and currently marketable commodity housing shall be completed within 30 days prior to current marketing;
(II)
projects of presale commodity housing shall be completed before obtaining the Presale License of Commodity Housing;
(III)
newly established and not marketable projects shall be completed 90 days prior to delivery for use.
Chapter III Bidding
Article 20
The bidder herein refers to the realty management enterprise which follow the bid invitation of preliminary realty management and
participate in competition.
The bidder shall have the corresponding qualification of the realty management enterprise and other conditions required in the bid-inviting
documents
Article 21
In terms of questions that need to be clarified in the bid-inviting documents, the bidder shall put forth them in writing to the bid
inviter.
Article 22
The bidder shall formulate the bidding documents that follow the substantive requirements and conditions posed in the bid-inviting
documents according to the content and requirements of the bid-inviting documents:
The bidding documents shall include the following content:
(I)
bidding letter;
(II)
bidding quotation;
(III)
scheme of the realty management;
(IV)
other materials necessary for the bid-inviting document.
Article 23
The bidder shall seal and send the bidding documents to the place of bidding prior to the deadline for submission of the bidding documents
as required in the bid-inviting documents. The bid inviter shall upon receipt of the bidding documents present the evidence indicating
the recipient and the time of receipt to the bidder and properly preserve the bidding documents. Prior to the opening of bidding,
any entity and individual shall not open the bidding documents. The bidding documents that are delivered after the deadline for submission
of the bidding documents as required in the bid-inviting documents are invalid, and the bid inviter shall reject to receive them.
Article 24
The bidder may supply, modify or withdraw the bidding documents prior to the deadline for submission of the bidding documents as required
in the bid-inviting documents, and notify the bid inviter in writing. The content of the supplement and modification is the integral
part of the bidding documents and shall be delivered, received and preserved according to the provisions of Article 23 of the Measures.
The content of the supplement and modification that are delivered after the deadline for submission of the bidding documents as required
in the bid-inviting documents are invalid.
Article 25
The bidder shall not cheat to win the bid through falsehood in the name of others or by other means.
The bidder shall not mutually conspire to bid, squeeze out other bidders in fair competition or damage the legitimate rights and interests
of the bid inviter or the bidders.
The bidder shall not mutually conspire to bid and damage the national interests, the social public interests or the legitimate rights
and interests of others.
The bidder is prohibited from winning of the bid by unfair means of bribery to the bid inviter or the members of bidding evaluation
commission, etc.
Chapter IV Opening, Evaluation and Winning of Bid
Article 26
Opening of bid shall be carried out at the same time as the deadline for submission of the bidding documents defined in the bid-inviting
documents; the place of opening of bid shall be the place predetermined in the bid-inviting documents.
Article 27
Opening of bid shall be presided over by the bid inviter and all bidders shall be invited to participate in the opening. The opening
of bid shall be carried out according to the following provisions:
The sealing condition of the bidding document shall be examined by the bidder or its representative, or be examined and notarized
by the notary agency authorized by the bid inviter. Upon confirmation free of errors, the workers shall open the bidding document
in public and read the bidders name, the bidding price and other main content of the bidding documents.
For all the bidding documents received prior to the deadline for submission of the bidding documents required in the bid-inviting
documents, the bid inviter shall open them in public.
The course of bidding opening shall be recorded and filed by the bid inviter for future reference.
Article 28
Bidding evaluation shall be in the charge of the Bidding Evaluation Commission established by the bid inviter by force of law.
The Bidding Evaluation Commission shall be composed of the representatives of the bid inviter and the experts in the realty management,
and the number of the members shall be odd of no less than five, among which the experts in the realty management other than the
representatives of the bid inviter shall be no less than 2-thirds of total members.
The expert members of the Bidding Evaluation Commission shall be confirmed by the bid inviter by the means of random sampling from
the expert name list set up by the administrative departments of real estate.
The person of interest with the bidder shall not a member of the Bidding Evaluation Commission of the relevant project.
Article 29
The administrative departments of real estate shall set up a name list of experts for bidding evaluation. The administrative department
of real estate of the peoples government of provinces, autonomous regions and municipalities directly under the Central Government
may combine the name list of experts or implement the computer networking of the expert name list for cities with a small number
of experts.
The administrative department of real estate shall carry out training on laws and businesses with the experts in the expert name list,
carry out comprehensive examination and evaluation on their bidding evaluation competence, probity and justness, etc, and timely
cancel the expert qualification for bidding evaluation of the person who is incompetent or violates laws and disciplines. The person
who is cancelled from the expert qualification of bidding evaluation shall not participate in any bidding evaluation activities.
Article 30
The members of Bidding Evaluation Commission shall perform their obligations carefully, fairly, faithfully and honestly.
The members of Bidding Evaluation Commission shall not contact for private purposes with any bidder or person of interest with the
result of bid-invitation and shall not accept pecuniary and other benefits from the bidders, intermediary and other person of interest.
The members of Bidding Evaluation Commission and workers relating to the bidding evaluation activities shall not disclose the examination
and appraisal and comparison of the bidding documents and the recommendation circumstances of the candidate bid winners and other
circumstances relating to the bidding evaluation.
The workers relating to bidding evaluation activities in the preceding paragraph refer to all persons who get acquainted with the
circumstances relating to the bidding evaluation because of participating in the supervision or routine work of bidding evaluation
other than the members of Bidding Evaluation Commission.
Article 31
The Bidding Evaluation Commission may require in writing the bidders to clarify or explain the content of ambiguous meaning in the
bidding documents. The bidder shall clarify and explain on them in written form, and the clarification and explanation shall not
exceed the scope of the bidding documents or change the substantive content of the bidding documents.
Article 32
In case of convening a site demonstration meeting in the course of bidding evaluation, the bid inviter shall describe it in advance
in the bid-inviting documents and indicate the relevant score weight.
The members of Bidding Evaluation Commission shall carry out the comprehensive evaluation according to the requirements of the Bidding
evaluation in the bid-inviting documents and based on the circumstances of the score of the bidding document and the site demonstration,
etc.
Except for the part of site demonstration, the bidding evaluation shall be conducted confidentially.
Article 33
The Bidding Evaluation Commission shall examine and appraise and compare the bidding documents against the standards and methods of
the bidding evaluation defined by the bid-inviting documents and sign and confirm the results of bidding evaluation.
Article 34
Upon examination and appraisal, if the Bidding Evaluation Commission hold that all bidding documents are not in compliance with the
requirements of the bid-inviting documents, the Bidding Evaluation Commission may veto all biddings.
In case all the realty management project that must conduct the bid-invitation by force of law are vetoed, the bid inviter shall initiate
a new bid invitation.
Article 35
Upon the completion of bidding evaluation, the Bidding Evaluation Commission shall put forth a written report of bidding evaluation,
illustrate the opinions of the Bidding Evaluation Commission on examination and appraisal and comparison to the various bidding documents,
and recommend no less than 3 qualified candidate bid winners arranged in order according to the standards and methods of the bidding
evaluation specified by the bid-inviting documents.
The bid inviter shall confirm the bid winner according to the order of candidate bid winners. If the candidate bid winners who are
confirmed to win bid give up the bid or fail to perform the contract, the bid inviter may confirm other candidate bid winners as
the bid winner according to order.
Article 36
The bid inviter shall confirm the bid winner 30 days prior to the deadline of the bidding valid term. The bidding valid term shall
be stated in the bid-inviting documents.
Article 37
The bid inviter shall issue the notification of bid winning to the bid winner, and at the same time notify all the bidders failing
in bid of the results and return their bidding documents.
The bid inviter shall, within 15 days upon the confirmation of bid winner, file with the administrative departments of real estate
of the peoples governments at the county level or above of the place where the realty project is located. The filing materials
shall include materials such as the course of opening of bid and bidding evaluation, the means and reason on the confirmation of
bid winner, the bidding evaluation of the Bidding Evaluation Commission and the bidding documents of the bid winner. In case of proxy
of the bid invitation, the contract on proxy of the bid invitation shall be attached.
Article 38
The bid inviter and bid winner shall, within 30 days upon issuing the notification of bid winning, reach a written contract according
to the bid-inviting documents and the bidding documents of bid winner; the bid inviter and the bid winner shall not reach other agreements
departing from the substantive content of the contract.
Article 39
In case of failing to enter into a contract without proper reason, the bid inviter shall compensate for the damages thereof to the
bid winner.
Chapter V Supplementary Provisions
Article 40
In case the bidder and other persons of interests hold that the bid-inviting and bidding activities are not in compliance with the
relevant provisions of the Measures, they are enpost_titled to put forth different opinions to the bid inviter or complain to the relevant
department by force of law.
Article 41
In case the bid-inviting documents or the bidding documents are prepared in more than two languages, there must be a Chinese version;
and in case of any discrepancies over the interpretation of different versions, Chinese version shall prevail. In case of any discrepancy
between the amounts expressed in words and that in number, that in words shall prevail.
Article 42
For the residence scale that is relatively small specified in Article 3 of the Measures, upon the approval of the administrative
departments of real estate of the peoples governments of the district or county where the realty is located, the means of agreement
may be adopted for selection of the realty management enterprise, and the standard of scale thereof shall be determined by the administrative
departments of real estate of the peoples governments of provinces, autonomous regions and municipalities directly under the Central
Government.
Article 43
Reference will be made with the Measures when the owners and the owners’ meeting select the realty management enterprises with the
corresponding qualification by means of bidding.
Article 44
The Measures shall come into force on September 1, 2003.
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