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The Ministry of Foreign Trade and Economic Cooperation
Circular of the Ministry of Foreign Trade and Economic Cooperation Concerning Printing and Distributing the Rules for the Implementation
of Invitation for Bids for Agricultural Product Export Quotas
WaiJingMaoMaoFa [2001] No.670
December 3, 2001
The commissions (departments or bureaus) of various provinces, autonomous regions, municipalities directly under the Central Government
and municipalities separately listed on the State plan, the special commissioner’s offices, the licence affairs bureaus of quota,
the import and export chambers of commerce, the association of enterprise with foreign investment and the directly subordinate general
corporations of ministries and commissions:
In order to further improve the invitation for bids for agricultural product export quotas, the Ministry of Foreign Trade and Economic
Cooperation has revised and improved the former Rules for the Implementation of Invitation for Bids for Agricultural Product Export
Quotas on the basis of soliciting the suggestion extensively and summarizing the practical experience of invitation for bids. The
revised Rules for the Implementation of Invitation for Bids for Agricultural Product Export Quotas is now printed and issued to you
for implementation. Attachment:Rules for the Implementation of Invitation for Bids for Agricultural Product Export Quotas
Chapter I General Provisions
Article 1
These Rules are enacted in accordance with the Measures on the Invitation for Bids for Export Commodity Quotas (hereinafter referred
to as the Measures on Invitation for Bids). For the application scope of these Rules, please see Appendix I.
Chapter II Organizational Structure
Article 2
The Committee of Invitation for bids for export commodity quotas (hereinafter referred to as the Committee of Invitation for Bids)
under the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) shall be composed of one chairperson,
one or two vice-chairpersons and several committeemen.
The chairperson shall be a competent ministerial leader of the MOFTEC; each vice-chairperson shall be the responsible person of the
Department of Foreign Trade under the MOFTEC; and the committeemen shall be the relevant persons of the Department of Foreign Trade
and the relevant departments or bureaus under the MOFTEC.
Article 3
The Committee of Invitation for Bids shall perform the following duties:
(1)
to determine the quantity of quotas for bidding, the methods for invitation for bidding and the proportion of each method to the total
quantity of the invitation for bidding before each bid on the basis of the specific situations of different commodities;
(2)
to examine and approve specific plans on invitation for bids for export commodity quotas, and to verify the name list of the bidding
enterprises in accordance with the criteria for bidding qualification;
(3)
to promulgate various notices, announcements and decisions, etc. on invitation for quota bidding;
(4)
to preside over the opening and evaluation of bid, and to examine and approve the bid-winning results on invitation for quota bidding;
(5)
to accept the quotas delivered by enterprises and submitted by the Office of Invitation for bids for export commodity quotas (hereinafter
referred to as the Office of Invitation for Bids), and to record the transfer of such quotas;
(6)
to examine the collection of the deposit for winning of bid and the bid-winning money as well as the use of the quotas;
(7)
other matters to be determined by the Committee of Invitation for Bids.
The Department of Foreign Trade under the MOFTEC shall be responsible for the daily work of the Committee of Invitation for Bids.
Article 4
The Committee of Invitation for Bids shall, on the basis of the varieties of the commodities subject to invitation for bidding, establish
a corresponding Office of Invitation for Bids in a relevant import/export chamber of commerce. The Office of Invitation for Bids
shall be composed of one director general, one deputy director general and several members. The director general shall be the responsible
person a relevant import/export chamber of commerce, while the deputy director general and the members shall be the representatives
of the relevant import/export chamber of commerce, China Association of Enterprises with Foreign Investment and the relevant industrial
coordination department as well as experts in the relevant fields.
The Office of Invitation for Bids shall follow the working rules of one vote for each person and the minority’s deferring to the majority.
Article 5
The Office of Invitation for Bids shall perform the following duties:
(1)
to draft specific plans on invitation of export commodity quota bidding with reference to industrial opinions, and to determine, through
collective discussion and resolution of the members in the Office of Invitation for Bids, the preliminary proposal on the major issues
of the plan such as the criteria for the bidding qualification, etc. before submitting it to the Committee of Invitation for Bids
for examination;
(2)
to verify the qualification according to the criteria for the bidding qualification, and to determine the name list of the bidding
enterprises, as well as to submit the name list to the Committee of Invitation for Bids for examination and approval;
(3)
to draft all notices, announcements and decisions, etc. relating to the invitation for quota bidding and submit them to the Committee
of Invitation for Bids for examination and approval;
(4)
to participate in the specific work in the opening and evaluation of bid, and to submit the results to the Committee of Invitation
for Bids for examination and approval;
(5)
to print in a uniform format and issue according to provisions in the Document on the Payment of the Bid-winning Money in Public Invitation
for Bids for Export Commodity Quotas (see Appendix II), the Document on the Payment of the Bid-winning Money in Agreement Invitation
for the Export Commodity Quota Bidding (see Appendix III), the Attestation on the Application for the Export License for the Commodities
subject to Invitation for Quota Bidding (see Appendix IV), the Attestation on the Transfer of the Quotas for the Commodities subject
to Invitation for Bidding (see Appendix V), etc.;
(6)
to, within one week before the expiry date for the payment of the deposit for winning of bid, remind the enterprises which have not
paid the deposit for winning of bid to make the payment in time, as well as to check the information on the payment by the enterprises
of the deposit for winning of bid or the bid-winning money, etc. and to make reports to the Committee of Invitation for Bids;
(7)
to accept the quotas delivered by enterprises, and to submit them to the Committee of Invitation for Bids; to accept and approve the
applications on transfer of enterprise quotas, and to submit them to the Committee of Invitation for Bids for record;
(8)
to inspect and monitor the use of quotas and of licenses by the enterprises, as well as to follow up the check on the export of the
commodities subject to invitation for bidding and changes in the market and to make reports to the Committee of Invitation for Bids
by quarter;
(9)
to handle other affairs on invitation for bidding delivered by the Committee of Invitation for Bids such as the change of the qualification
of enterprises, etc,.
The relevant import/export chamber of commerce shall be responsible for the daily affairs of the Office of Invitation for Bids.
Chapter III Qualification, Price, Quantity and Methods for Bidding
Article 6
Bidding Qualification
(1)
Public Invitation for Bidding
Any enterprise with a qualification for export operation, which has been registered in the administration department for industry
and commerce, and has joined a relevant import/export chamber of commerce (enterprises with foreign investment shall join China Association
of Enterprises with Foreign Investment.), may participate in the public invitation for bidding; meanwhile, the Committee of Invitation
for Bids shall, on the basis of the specific situations of some commodities, further determine the conditions for the qualification
in participating in the public invitation for bidding in such respects as the registered capital of each enterprise, the import/export
amount, the export performance or supply performance on this commodity, defense against anti-dumping claims, etc..
(2)
Agreement Invitation for Bidding
The Committee of Invitation for Bids shall, on the basis of the specific situations of the commodities subject to invitation for bidding,
stipulate the bidding qualification for agreement invitation for bidding by adopting any of the following criteria. The specific
criteria include:
a.
Enterprises with the qualification for public bidding.
b.
A certain number of the top enterprises with the qualification for public bidding, with the sum of quantity (or amount) of the annual
average export and supply of the commodities subject to invitation for bidding in the previous 2 (or 3) years having reached a certain
proportion of the total quantity (or total amount) of the annual average export and supply by the bidding enterprises. The proportion
of the enterprises participating in the agreement invitation for bidding shall be determined on the basis of the specific situations
of different commodities. Other export enterprises (including enterprises with foreign investment) with the registered capital or
production and operation of each having reached a certain scale, with good asset situations and operational performances, high value-added
content of the manufactured commodities, and with well-known brands. The backbone export enterprises in the main origin of the commodities
subject to invitation for bidding and the enterprises which actively participate in defense against anti-dumping claims regarding
this commodity and fully pay the defense expenses in time.
Article 7
bidding enterprise shall decide on the bidding price by itself. In order to avoid unreasonably low bidding price, the Committee of
Invitation for Bids may, on the basis of specific situation, determine and promulgate the lowest bidding price in advance. The bidding
documents with the price in which lower than the lowest bidding price shall be regarded as a waste bid.
In order to avoid unreasonably high bidding price, the Committee of Invitation for Bids shall have the right to regard the bidding
documents with the price in which obviously deviating from normal price as a waste bid.
The lowest bidding price in an agreement invitation for bidding may be determined with reference to the weighted average price of
the bid-winning enterprises in the same public invitation for bidding in the present year, or be determined on the basis of the specific
situation and with reference to the average profits in the export of specific commodities, the price for winning of bid of quotas
in the previous years and other factors.
Article 8
In order to prevent the bid-winning quotas from being too centralized or decentralized, the Committee of Invitation for Bids shall,
on the basis of specific situation, set forth the largest and the smallest bidding quantities, and shall promulgate the said quantities
before the invitation for bidding. The Committee of Invitation for Bids may, as needed, set forth the largest bidding quantities
at different levels for specific commodities on the basis of the export performance and operational capability, etc. of various enterprises.
If the quantity in the bidding documents is larger than the largest bidding quantity or smaller than the smallest bidding quantity,
the said bidding documents shall be regarded as a waste bid.
(1)
A bidding enterprise may, in a public invitation for bidding, decide on the bidding quantity by itself between the largest and the
smallest bidding quantities, among which, the bidding quantity of an enterprise with foreign investment shall not be larger than
the balance of subtraction of the bid-winning quantity in the agreement invitation for bidding from the export scale verified by
the MOFTEC.
(2)
The Office of Invitation for Bids shall, in an agreement invitation for bidding, determine the largest bidding quantity with reference
to the bidding enterprises’ average export performance supply and operational capability, etc. in the previous 2 or 3 years, and
shall notify the relevant enterprises upon consent by the Committee of Invitation for Bids.
Article 9
The export performance of a bidding enterprise shall be determined with the statistical figure of the General Administration of Customs
to be a base, and if necessary, with reference to other attestation documents ratified by the Committee of Invitation for Bids.
Article 10
The enterprises must offer a bid by submitting electronic bidding documents before the stipulated time, and the bidding time shall
be determined on the basis of the electronic data.
Each export enterprise may offer a bid only once before the stipulated deadline. The enterprise must, after sending out the electronic
bidding documents, receive through computer the information on the feedback of the bidding documents sent by China International
Electronic Commerce Center under the MOFTEC (hereinafter referred to as the EDI Center of the Ministry), and shall not end the bidding
until the bidding documents are confirmed to have reached the EDI Center of the Ministry safely. Where an enterprise is unable to
send out the electronic bidding documents before the stipulated deadline, it shall be regarded to have automatically waived the bidding
qualification.
Chapter IV Rules for Evaluation of Bid
Article 11
The qualified bidding documents shall be confirmed in accordance with Articles 7, 8 and 10 of these Rules.
Article 12
The following electronic bidding documents under any of the circumstances shall be treated as a waste bid:
(1)
the enterprise automatically applies to the Office of Invitation for Bids for a waste bid before the opening of the bid;
(2)
the bidding documents are served after the stipulated deadline for bidding;
(3)
one enterprise has succeeded in serving two or more sets of electronic bidding documents before the stipulated time, no matter whether
the contents are the same or not;
(4)
other circumstances under which the bidding documents are confirmed by the Committee of Invitation for Bids to be a waste bid.
Article 13
Determination of bid-winning enterprises
Public invitation for bidding: the bidding prices of all qualified bidding enterprises shall be arranged from the highest to the lowest,
and the bidding quantities of the bidding enterprises shall be accumulated in sequence; when the accumulated bidding quantities equal
to the total quantity of invitation for bidding, the enterprises calculated into the accumulated total bidding quantity (that is,
the total quantity of invitation for bidding) shall be bid-winning enterprises.
Where the sum of bidding quantities of the enterprises in the lowest bid-winning price exceed the quantity of the remained quotas,
the enterprises in the said price shall all be bid-winning enterprises.
Agreement invitation for bidding: the enterprises whose bidding price is not lower than the lowest bidding price provided for by the
Committee of Invitation for Bids shall all be bid-winning enterprises.
Article 14
Determination of the price for winning of bid and the bid-winning quantity
(1)
The bid-winning enterprise’s price for winning of bid shall be its bidding price.
(2)
Determination of the bid-winning quantity:
i.
In a public invitation for bidding, the bid-winning quantity of a bid-winning enterprise shall be its bidding quantity. If the sum
of the bidding quantities of the enterprises in the lowest bidding price exceeds the quantity of the remained quotas, the enterprises
in the said price shall distribute the remained quotas according to the proportion of their bidding quantities. If the bid-winning
quantity of an enterprise is smaller than the smallest bidding quantity, the enterprise shall be regarded to have not won the bid.
ii.
The bid-winning quantity in agreement invitation for bidding:
(i) The bid-winning quantity of an enterprise shall be calculated on the basis of the following formula:
the bid-winning quantity of an enterprise = the total quantity in the invitation for bidding the bidding amount of the enterprise
(the bidding quota price bidding quantity) the sum of the bidding amount of all bid-winning enterprises (the bidding quota price
bidding quantity)
or (ii) The largest bid-winning quantity of an enterprise shall be its bidding quantity.
ii.
The total bid-winning quantity of an enterprise with foreign investment in a whole year shall be limited by its export scale verified
by the MOFTEC.
Chapter V Operational Procedures
Article 15
Examination of bidding qualification
The Office of Invitation for Bids shall reexamine the qualifications of the bidding enterprises within the stipulated time limit,
and shall submit the reexamination result and the relevant documents to the Committee of Invitation for Bids for determination.
(1)
Preliminary examination
The commission (department, bureau) of foreign trade and economic cooperation of each province, autonomous region, municipality directly
under the Central Government and municipality separately listed on the State plan (hereinafter referred to as each department in
charge of foreign trade and economic cooperation at the provincial level) shall, as required by the Committee of Invitation for Bids,
conduct the preliminary examination on the qualifications of the local bidding enterprises within the stipulated time limit, and
shall submit the relevant documents to the Office of Invitation for Bids (For enterprises subject to the management of the Central
Government, the said documents shall be submitted to the import/export chamber of commerce.) for preliminary examination.
(2)
Reexamination
The Office of Invitation for Bids shall reexamine the qualifications of the bidding enterprises within the stipulated time limit,
and shall submit the reexamination result and the relevant documents to the Committee of Invitation for Bids for determination.
Article 16
The Office of Invitation for Bids shall, within the stipulated time limit, submit the plans on invitation for bidding to the Committee
of Invitation for Bids for determination; it shall also, after the determination, promulgate the announcement on invitation for bidding
on a designated news media and its web site, and shall promulgate the name list of the enterprises participating in the agreement
invitation for bidding.
Article 17
The Office of Invitation for Bids shall, within 1 working day after evaluation of the bid, promulgate the preliminary bid-winning
result by electronic means. In case a bidding enterprise has any doubt, it may, within 2 working days as of the promulgation of the
preliminary bid-winning result, propose the doubt to the Office of Invitation for Bids. The Office of Invitation for Bids shall,
within 3 working days as of the promulgation, submit the preliminary bid-winning result to the Committee of Invitation for Bids for
determination.
Article 18
The Committee of Invitation for Bids shall, after the determination of the bid-winning result, notify the Office of Invitation for
Bids in time, and promulgate the name list of the bid-winning enterprises.
Article 19
The Office of Invitation for Bids shall, upon the notification by the Committee of Invitation for Bids, timely issue the Document
on the Payment of the Bid-winning Money in Public Invitation for bids for export commodity quotas and the Document on the Payment
of the Bid-winning Money in Agreement Invitation for bids for export commodity quotas to the bid-winning enterprises.
Article 20
Payment of the bid-winning money
The bid-winning enterprises shall pay the deposit for winning bids and the bid-winning money for the quotas in accordance with the
following provisions, and shall not be paid by other enterprises on their behalf:
(1)
A bid-winning enterprise shall, within the stipulated time limit, remit the deposit for winning of bid to the account of a designated
bank by means of check, bill of exchange or remittance, etc., and shall issue the Document on the Payment of the Bid-winning Money
in Public Invitation for bids for export commodity quotas and the Document on the Payment of the Bid-winning Money in Agreement Invitation
for bids for export commodity quotas, which are filled out by itself. The deposit for winning bids shall be 10% to 60% of the bid-winning
money (the amount = the bid-winning quantity of the enterprise the price for winning of the bid). The specific proportion shall
be determined by the Committee of Invitation for Bids on the basis of the specific situations of commodities. The deposit for winning
of bid shall not be refunded no matter how the winning of bid is used.
(2)
It shall, before applying for and obtaining the export license at each time, pay the balance of bid-winning money for corresponding
quotas to the account of the designated bank according to the quantity of the quotas in the obtained license, and shall issue the
Document on the Payment of the Bid-winning Money in Public Invitation for bids for export commodity quotas and the Document on the
Payment of the Bid-winning Money in Agreement Invitation for bids for export commodity quotas, which are filled out by itself.
Article 21
The Office of Invitation for Bids shall, upon receipt of the bid-winning money paid by the enterprises, issue the Attestation on the
Application for the Export License for the Commodities subject to Invitation for Quota Bidding.
Chapter VI Delivery and Transfer of Quotas
Article 22
Where an enterprise is unable to use up the bid-winning quotas, it may deliver or transfer them in compliance with the principle of
voluntariness after having explained the reason to the Office of Invitation for Bids.
Article 23
The time for an enterprise to deliver its quotas to the Office of Invitation for Bids shall not be later than October 31 of each year.
With respect to seasonal commodities subject to invitation for bidding, the time for delivering the quotas may be otherwise provided.
The Office of Invitation for Bids may, upon receipt of the quotas before October 31, which are delivered by an enterprise, refund
the corresponding bid-winning money which have been paid, but shall not refund the deposit for winning of bid. The Office of Invitation
for Bids shall not accept any delivery of quotas after October 31.
With respect to the quotas which have neither been used nor been delivered at the stipulated time, neither the corresponding bid-winning
money nor the deposit for winning of bid shall be refunded.
Article 24
A bid-winning enterprise shall not propose the transfer of the quotas under planned transfer before paying the total amount of the
corresponding bid-winning money to the account of a designated bank.
Article 25
Both the transferor and the transferee must submit the application for the transfer of quotas, which is consented by both parties,
to the Office of Invitation for Bids for approval. The transferee must have the bidding qualification.
Article 26
With respect to the quotas delivered by an enterprise, the Office of Invitation for Bids shall, within 3 working days as of acceptance
of the delivered quotas, report the information to the Committee of Invitation for Bids; with respect to an enterprise’s application
for transfer of quotas, the Office of Invitation for Bids shall, within 3 working days as of the acceptance, completed the examination
in accordance with the relevant provisions, and shall submit the Attestation on the Transfer of the Quotas for the Commodities subject
to Invitation for Bidding to the Committee of Invitation for Bids for record, and meanwhile notify the EDI Center of the Ministry.
Article 27
The Office of Invitation for Bids shall timely deduct the quantity of quotas delivered or transferred by an enterprise from the quantity
of its bid-winning quotas, and shall, when issuing the Attestation on the Transfer of the Quotas for the Commodities subject to Invitation
for Bidding, issue the Attestation on the Application for the Export License for the Commodities subject to Invitation for Quota
Bidding to the transferee, and respectively notify the relevant license issuing organs.
Article 28
With respect to the recalled or delivered quotas or other remained quotas, the Committee of Invitation for Bids may decide to hold
a second invitation for quota bidding on the basis of the largeness of the quantity, or may dispose of them in other ways approved
by the MOFTEC.
Chapter VII Export License
Article 29
The bid-winning quotas shall be valid for the present year. The MOFTEC shall check and issue the name list of the bid-winning enterprises
and their bid-winning quantity, and shall, upon approval by the MOFTEC, transmit the said name list and quantity to all organs issuing
the relevant licenses and the departments in charge of foreign trade and economic cooperation at all localities.
Article 30
The check and issuance of the export licenses for commodities subject to invitation for bidding shall not only be based on the relevant
provisions on the administration of export licenses, but also be based on the following:
(1)
the name list of the bid-winning enterprises, which is transmitted by the MOFTEC, and their bid-winning quantity, or the Attestation
on the Transfer of the Quotas for the Commodities subject to Invitation for Bidding;
(2)
the Attestation on the Application for the Export License for the Commodities subject to Invitation for Bid for Quotas.
Chapter VIII Penalty Provisions
Article 31
Any individual, organization or enterprise who violates the Measures on Invitation for Bidding or these Rules by disrupting invitation
for bidding shall be imposed upon administrative penalties by the MOFTEC in consideration of the seriousness of the case; whoever
violates the Criminal Law shall be transferred to the judicial department for investigation of his criminal liabilities.
Article 32
Any enterprise or individual shall have the right and obligation to make exposures and complaints against the fraudulent acts in violation
of the Measures on Invitation for Bidding or these Rules in the process of invitation for quota bidding. In case of any of the above
mentioned acts, the MOFTEC shall have the right to veto the result of the invitation for bidding once it is found out to be true.
Article 33
Where any member in the Committee of Invitation for Bids or the Office of Invitation for Bids violates the Measures on Invitation
for Bidding or these Rules for personal benefits or the benefits of the small organization, he shall be imposed upon disciplinary
punishments or severer punishments by the MOFTEC in consideration of the seriousness of the case, or he shall even be transferred
to the judicial department for investigation of his criminal liabilities.
Article 34
Where any enterprise disrupts the invitation for quota bidding by conspiring with others or falsely declaring the conditions for bidding
qualification or by any other means, the Committee of Invitation for Bids shall recall its bid-winning quotas, and shall revoke its
bidding qualification for the quotas of the commodity for 1 to 3 years.
Article 35
Where any enterprise which has won a bid does not pay the deposit for winning of bid in accordance with the relevant provisions, the
Committee of Invitation for Bids shall recall its bid-winning quotas, and shall revoke its bidding qualification for the quotas of
the commodity for 1 to 2 years.
Article 36
The quotas which are neither delivered or transferred by an enterprise in accordance with the relevant provisions, nor obtained by
the enterprise before the expiry date of the validity period, and the quotas which have been obtained by an enterprise but the commodities
under which have not been exported actually, shall be regarded as wasted quotas. Where an enterprise has wasted 30 % or more of bid-winning
quotas of the whole year, its bidding qualification for the commodity shall revoked for the next 1 to 3 years.
Article 37
With respect to the enterprises in violation of rules enumerated in this Chapter, if the acts committed by any of them constitute
intentional disruption of invitation for bidding and the case is serious, the Committee of Invitation for Bids shall have the right
to revoke its permanent bidding qualification for a single or even all the commodities subject to invitation for bidding, and shall
transfer the case to the relevant department for punishment in accordance with the relevant regulations.
Article 38
Where a bid-winning enterprise fails to pay the bid-winning money (including the deposit for winning of bid) in accordance with the
relevant provisions due to force majeure, it shall, within a reasonable time period, provide in time the attestation issued by a
relevant institution. Upon resolution by the Office of Invitation for Bids and approval by the Committee of Invitation for Bids,
part or the whole of its liabilities may be exempted.
Article 39
Where, with respect to a certain commodity, the rate of obtaining the export license for the bid-winning quotas is commonly low due
to reasons of international market, etc., upon resolution by the Office of Invitation for Bids and approval by the Committee of Invitation
for Bids, part or the whole of the liabilities of the relevant bid-winning enterprises may be exempted.
Article 40
In case of major adjustment on the policies on invitation for bidding, thus the administration on invitation for bidding of a certain
commodity or the prohibition on the export of a certain commodity subject to invitation for bidding is cancelled, the Office of Invitation
for Bids shall refund the bid-winning money (including the deposit for winning of bid) of this commodity in accordance with the provisions
in the relevant notices issued by the MOFTEC.
Chapter IX Supplementary Provisions
Article 41
The Committee of Invitation for Bids shall open a special account in a designated bank for collecting the deposit for winning of bid
and the bid-winning money. It may entrust a relevant import/export chamber of commerce to handle the specific affairs.
Article 42
The Office of Invitation for Bids must, within 5 working days after the expiry date for the collection of the deposit for winning
of bid, which is provided for in Article 20 of these Rules, report the collection to the Committee of Invitation for Bids.
Article 43
The Committee of Invitation for Bids shall designate the International Business Daily, the International Trade News or other relevant
media to promul
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