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Detailed Rules for the Implementation of the Methods on Export Quota Bidding with Compensation
(Promulgated by Ministry of Foreign Trade and Economic Cooperation on April 29, 1996)

Chapter 1 - General Provisions

Article 1

Article 2

Article 3

Article 4

Article 5

Chapter 2 - Organization Structure and Rules

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Chapter 3 - The Modes of Bidding and Bidding Qualification

Article 12

Article 13

Article 14

Article 16

Article 17

Chapter 4 - Operational Procedures and Rule

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Chapter 5 - The Transfer and Assignment of Quotas

Article 26

Article 27

Article 28

Article 29

Article 30

Chapter 6 - Export License

Article 31

Article 32

Article 33

Chapter 7 - Penalty Provisions

Article 34

Chapter 8 - Supplementary Provisions

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Appendix

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

China - Detailed Rules for the Implementation of the Methods on Export Quota Bidding with Compensation, 1996

MOFTEC

copy @ Lex Mercatoria

Detailed Rules for the Implementation of the Methods on Export Quota Bidding with Compensation
(Promulgated by Ministry of Foreign Trade and Economic Cooperation on April 29, 1996)

Chapter 3 - The Modes of Bidding and Bidding Qualification

Article 14

Bidding Qualification

1.Public bidding

(1)Enterprises which conform to the stipulations in Article II of the Bidding Methods;

(2)Export commodity manufacturing enterprises which have no export performance but whose line of production is mainly concentrated on a certain bidding commodity, the foreign-funded enterprises which have joined the Foreign-Funded Enterprises Association, and enterprises which have been checked and accredited by MOFTEC with the right to do border trade of small quantity may participate in the bidding, but the bidding commodities shall be those manufactured by the said enterprises or in the said border areas;

(3)Besides enterprises stipulated in the above-mentioned paragraph (2),enterprises which have no export performance are not allowed to participate in the bidding unless they have been acquired the right to export and registered in the industrial and commercial administrative departments 2 years in advance;

(4)Enterprises with no record of breaching laws and regulations.

2.Bidding upon invitation

(1)Enterprises which satisfy the criteria provided for in Clause 1 of the present article;

(2)Enterprises which have joined the sub-chambers of a certain bidding commodity of the chambers of commerce for importers and exporters;

(3)Enterprises with export performance of the said commodity in any of the preceding 3 years.

3.Oriented bidding

(1)Enterprises which satisfy the criteria provided for in Clause 1 of the present article;

(2)Enterprises which are the major trading companies or major producers of a certain commodity;

(3)Enterprises which have the export performance of a certain commodity for three consecutive years.

4.Negotiated bidding

(1)Enterprises which satisfy the criteria provided for in Clause 1 of the present article;

(2)Enterprises which are the major trading companies or the major trading companies in the major producing areas of a certain commodity;

(3)Enterprises which have the export performance of a certain commodity for three consecutive yeas;

(4)Enterprises which used more than 70% of the awarded quotas in the previous year. Enterprises which used less than 70% of such quotas in the previous year shall be disqualified for their participation in negotiated bidding for one year;

(5)The winning enterprises participating in other forms of bidding, whose export performance reached 70% or more of the lowest export performance among the major trading enterprises, and which have used 90% or more of the awarded quotas for two consecutive years, may participate in the negotiated bidding.

II. As for those commodities under foreign anti-dumping investigation or allegation, export volume reaching 50%-70% of the country's total production or export volume shall be considered the major producing areas. The ratio for specific commodity shall be determined by the Bidding Committee.

2.Determination of major trading companies

Exporting enterprises shall be arranged in order based on the export volume or value in the past 3 years. The top enterprises with the aggregated export volume or value reaching 50%-70% of the country's total shall be considered the major trading companies. The minimum export of any of the major trading companies shall be no less than 3-5% of the total export of such commodities in the whole country. The ratio of specific commodity shall be determined by the Bidding Committee.

3.Determination of the major trading companies of the major producing areas

The departments in charge of foreign trade and economic cooperation in the major producing areas deemed by MOFTEC shall arrange the order of the exporting enterprises in their own localities on the basis of the export volume or value of the preceding 3 years. The top exporting enterprises with the aggregated export volume reaching 50%-70% of the total export of the said region shall be considered the major trading companies of the major producing areas. The ratio for specific commodity shall be determined by the Bidding Committee after confirming with the departments in charge of foreign trade and economic cooperation in the major producing areas.


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