The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance Circular of the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance on Printing and Distributing the Detailed WaiJingMaoJiCaiFa [2001] No.270 June 13, 2001 The commissions of foreign trade and economic cooperation, financial office, enterprise of foreign trade, bureaus of commerce(trade) In accordance with the spirit of the ” Measures for Administration of International Market Developing Funds of Small-and Medium-sized This is herby the notification. Detailed Rules for the Implementation of the Measures for Administration of International Market Developing Funds of Small-and Medium-sized Chapter 1 General Provisions Article 1 In order to strengthen the administration of international market developing funds of small-and medium-sized enterprises (hereinafter Article 2 Market developing funds referred to in these Detailed Rules for Implementation include the governmental funds of the central treasury Article 3 The market developing funds are divided into two parts, one for central use and the other for local use, and adopt two-level administration, Article 4 The administration and use of the market developing funds shall abide by the principles of open and transparency, directional use, Chapter 2 Administrative Departments and their Functions and Responsibilities Article 5 Foreign trade and economic departments and financial departments at all levels are the departments in charge of the market developing The financial departments are responsible for the budgeting and financial administration of the market developing funds, including Article 6 Upon the approval of the foreign trade and economic departments and the financial departments at all levels, the undertaking units The part for central use shall be undertaken by the Administrative Office of the International Market Developing Funds of Small-and Relevant work of the Small-and Medium-Sized Enterprise Office and local undertaking departments shall be under the supervision and Article 7 The Small-and Medium-Sized Enterprise Office and local undertaking departments entrusted by the foreign trade and economic departments 1. being responsible for accepting the application for project fund plans, the application of project implementation and the application 2. drafting the annual project fund plans according to the applications for project fund plans; 3. being responsible for the arrangement, collection, statistics and analysis of the material of applications for project fund plans, 4. helping the foreign trade and economic departments and the financial departments follow and inspect the use of the market developing 5. drafting reports of the implementation of the annual project fund plan; 6. being responsible for the publicity and training of the relevant administrative provisions on the market developing funds. Chapter 3 Use of the Funds Article 8 The market developing funds are used to help the small-and medium-sized enterprises open up the international markets, and help the Article 9 The market developing funds are to support: holding or participating in overseas exhibitions; certification of quality administrative Article 10 The market developing funds are to priority support the following activities: 1. carrying out the strategy of market diversity, supporting the developing activities facing the new and emerging international markets 2. carrying out the strategy of winning by good quality and developing trade by science and technology, supporting the international 3. supporting the activities of small-and medium-sized enterprises to get quality administrative system certification, environment administrative 4. supporting the international market developing activities of small-and medium-sized enterprises that have already obtained the quality Chapter 4 Targets of the Fund Use Article 11 Applications of small-and medium sized-enterprises for opening up the international markets independently are enterprise project applications; Article 12 The small-and medium sized-enterprises meeting the following requirements may apply for enterprise projects: 1. possessing the qualification for enterprise as legal person, owning import-export operations right or foreign economic cooperation 2. Having not committed any offenses in the aspects of foreign business and economic operational control, financial management, tax administration, 3. Possessing professionals who specialize in international market developing, having definite work arrangement and market development Article 13 Project organizing units meeting the following requirements may apply for the organization projects: 1. the organized activities are for the purpose of helping the small-and medium-sized enterprises open up international markets and of 2. there are 10 or more enterprises taking part in the activities, and more than 70% of the enterprises meeting the application requirements 3. the funds applied for directly benefit the enterprises taking part in the activities, so as to reduce the expenses and the risks of Article 14 Enterprises taking part in the organization projects may not apply for the market pioneering funds for the same project separately. Chapter 5 Administration of and Standards for the Use of Funds Article 15 The market developing funds arranged by the central treasury are divided into two parts, one for central use and the other for local Article 16 In principle, the support proportion of market developing funds shall not exceed 50% of the amount the supported project needs. For Article 17 Expenses paid in foreign currencies shall be converted into Renminbi (RMB) according to the foreign exchange quotation promulgated Chapter 6 Administration of the Project Fund Plan Article 18 The Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance shall jointly negotiate with each other and decide The Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance shall make the fund quota for local use known to Article 19 The Ministry of Foreign Trade and Economic Cooperation and the local foreign trade and economic departments are responsible for proposing Article 20 The project fund plan of the part for local use shall be reported to the Ministry of Foreign Trade and Economic Cooperation before The Ministry of Foreign Trade and Economic Cooperation is responsible for proposing the national project fund plan of the market pioneering Article 21 The Ministry of Finance shall give a written reply concerning the national project fund plan of market developing funds of the next The Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation shall jointly make the project fund plan of the Article 22 The projects that may be listed in the project fund plan for central use shall include: 1. organization projects proposed by the project organizing units which organize the small-and medium-sized enterprises of the whole 2. organization projects proposed by the central enterprises which organize the small-and medium-sized enterprises to pioneer the international 3. enterprise projects proposed by the central enterprises that comply with the provisions of Article 12 of these Detail Rules of Implementation Article 23 Projects that may be listed in the annual project fund plan for local use shall include: 1. organization projects proposed by project organizing units that organize the local small-and medium-sized enterprises to open up the 2. enterprise projects proposed by the small-and medium-sized enterprises that have made industrial and commercial registration in that 3. enterprise projects proposed by the subsidiary companies of central enterprises that have made industrial and commercial registration Article 24 The Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation may make appropriate adjustment to the project Article 25 The Ministry of Finance shall appropriate the funds according to the annual project fund plan made known to the lower levels. Among Chapter 7 Application Procedures Article 26 Application for project fund plan. Small-and medium-sized enterprises or project organizing units that meet the requirements for application Article 27 Small-and medium-sized enterprises or project organizing units shall submit the basic information of the applying units, application Article 28 The Ministry of Foreign Trade and Economic Cooperation shall make public announcements of the specific contents of the project fund Article 29 Application for project implementation. Small-and medium-sized enterprises or project organizing units shall, according to the annual Article 30 Small-and medium-sized enterprises or project organizing units shall submit the application for project implementation, explanations Article 31 The Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic departments may directly examine and Article 32 The projects that apply for adjusting the contents of the project fund plan shall be reported to the Ministry of Foreign Trade and Article 33 For the projects that can’t be completed according to the project fund plan within the year, the small-and medium-sized enterprises Article 34 In case of enterprise project application, the funds given to each project shall not be more than 300,000 RMB at the most, in case Chapter 8 Appropriation of the Funds Article 35 The market developing funds adopt the principle of appropriation afterwards, namely the small-and medium-sized enterprises or project Article 36 The following material shall be submitted when applying for the appropriation of project funds: 1. application form of project fund appropriation of international market developing funds of small-and medium-sized enterprises (see 2. project summing-up report of international market developing activities, the contents of which shall include: expenses, achievements 3. legal vouchers (the copies) of the expenses actually occurred. Article 37 The market developing funds shall, through the financial departments at all levels, gradually carry out the treasury central payment Article 38 The Small-and Medium-Sized Enterprise Office shall make an initial examination to the applications for the project fund appropriation Article 39 Local foreign trade and economic departments shall review the applications for project fund appropriation for local use according Chapter 9 Evaluation, Supervision and Inspection Article 40 The Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation shall jointly supervise and inspect the market Article 41 The foreign trade and economic departments and financial departments shall establish strict project examination and approval system Article 42 Local foreign trade and economic departments and financial departments shall summarize and analyze the use of the market developing Article 43 The small-and medium-sized enterprises or project organizing units that use the market developing funds shall keep the relevant original Chapter 10 Rules for Punishment Article 44 Any of the following acts is in violation of the provisions of the Measures for Administration and these Detailed Rules for Implementation: 1. changing the use scope without authorization against the principles of market developing fund use; 2. withholding, misappropriating or embezzling the market developing funds; 3. using the funds for personal welfare, reward and consumer expenses or using the funds to make up the shortage of administrative funds; 4. repeatedly applying for the same project; 5. wangling the funds by using false material and vouchers; 6. the project organizing units directly use the market developing funds to improve their own profits and economic efficiency; and 7. other acts that violate the Measures for Administration, these Detailed Rules for Implementation and relevant laws and regulations Article 45 For the small-and medium-sized enterprises or project organizing units that have committed any of the acts mentioned above, the financial Article 46 For those that have seriously violated the Measures for Administration and these Detailed Rules for Implementation, the foreign trade Article 47 If the Small-and Medium-Sized Enterprise Office or any local undertaking unit hasn’t earnestly performed its functions and duties Chapter 11 Supplementary Provisions Article 48 Necessary funds may be arranged from the market developing funds for central use and those for local use by the rate of less than Article 49 Local foreign trade and economic departments and financial departments may formulate the specific measures for implementation of the Article 50 The power to interpret these Detailed Rules for Implementation shall remain with the Ministry of Foreign Trade and Economic Cooperation Article 51 These Detailed Rules for Implementation shall come into force as of the date of promulgation. Attachment: 1. Explanation of the contents supported by the international market developing funds of small-and medium-sized enterprises (omitted) 2. Application form of project fund plan of the international market developing funds of small-and medium-sized enterprises (omitted) 3. Application form of project implementation of the international market developing funds of small-and medium-sized enterprises (omitted) 4. Application form of project fund appropriation of the international market developing funds of small-and medium-sized enterprises 5. List of the countries of Latin America, Africa, Middle East, East European and South-East Asia (omitted) 6. List of certification agencies (omitted) 7. List of central enterprises (omitted) |
The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance
2001-06-13