Decision of the Ministry of Commerce on Amending Some Rules
Decision of the Ministry of Commerce on Amending Some Rules
Decision of the Ministry of Commerce on Amending Some Rules
Order of the Ministry of Commerce [2018] No.7
November 9, 2018
The Decision of the Ministry of Commerce on Amending Some Rules, deliberated and adopted at the eighth executive meeting of the Ministry of Commerce on August 28, 2018, is hereby promulgated for implementation as of the date of promulgation.
Minister: Zhong Shan
Decision of the Ministry of Commerce on Amending Some Rules
To further deepen the reform of Streamlining Administration, Delegating Powers and Improving Regulation and Services, the Ministry of Commerce has sorted out some rules according to the requirements of the State Council, and hereby decides that:
I. The Measures for the Invitation of Bid for Export Commodity Quotas shall be amended.
1. The "Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "MOFTEC")" in Article 3 shall be amended as the "Ministry of Commerce".
One paragraph shall be added to Article 3 as Paragraph 2 which reads as: "The Ministry of Commerce shall supervise and inspect the application for and the use of quotas of export commodities."
2. The "MOFTEC" in Articles 7, 8, 11, 31, 32, 34, 35, 36, 43, 44 and 45 shall be amended as the "Ministry of Commerce".
"All local departments of foreign trade" in Articles 12 and 32 shall be amended as "all local competent departments for commerce".
3. "The CIBECQ consists of the leaders of the MOFTEC and the members from relevant departments and bureaus under the MOFTEC" in Article 7 shall be amended to read as: "The CIBECQ consists of the relevant departments and bureaus under the Ministry of Commerce".
4. Item 4 of Paragraph 1 Article 8 shall be amended to read as: "accepting the quotas submitted by enterprises and the record-keeping of the transfer of quotas".
One item shall be added to Paragraph 1 of Article 8 as Item 7 which reads as: "Other matters related to subjects of export quota bidding and tendering activities."
One paragraph shall be added to Article 8 as Paragraph 2 which reads as: "The CIBECQ may, according to work needs, entrust chambers of commerce for import and export, the related industry organizations or other relevant units (hereinafter referred to as "entrusted service units") to undertake the matters related to the bidding and tendering services for export quotas."
5. Articles 9 and 10 shall be deleted.
6. Paragraph 2 of Article 11 shall be amended to read as: "Any export enterprise (including enterprises with foreign investment) that has the qualifications for import and export business operations, has been registered at the administrations for industry and commerce, and has gone through the formalities for record-filing and registration of foreign trade operator, and whose volume of export or amount of export supply of relevant commodities has come up to a certain rate may participate in the bid invitations after satisfying the conditions of bid invitations. The specific measures shall be separately prescribed by the Ministry of Commerce."
7. Article 12 shall be amended to read as: "The competent departments for commerce of all provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan and the Xinjiang Production and Construction Corps (hereinafter referred to as the "local competent departments for commerce") are responsible for verifying the qualifications of local bid-tendering enterprises and submitting the relevant materials to the Ministry of Commerce."
8. The "OIB" in Articles 15, 22, 26 and 29 shall be amended as the "CIBECQ".
9. "The total bid-winning amount of an enterprise with foreign investment for a whole year shall be limited to the scale of export of the enterprise as ratified by the MOFTEC" in Article 20 shall be deleted.
10. Article 21 shall be amended to read as: "The Ministry of Commerce shall publicize public announcements of bid invitations in accordance with the regulations."
11. "The OIB shall, within 3 working days of the publication, report the preliminary bid-winning results to the CIBECQ for examination and approval" in Article 22 shall be deleted.
12. Article 23 shall be amended to read as: "After examining and approving the result of bid winning, the CIBECQ shall publicize the names of the bid-winning enterprises."
13.
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Order of the Ministry of Commerce [2018] No.7
November 9, 2018
The Decision of the Ministry of Commerce on Amending Some Rules, deliberated and adopted at the eighth executive meeting of the Ministry of Commerce on August 28, 2018, is hereby promulgated for implementation as of the date of promulgation.
Minister: Zhong Shan
Decision of the Ministry of Commerce on Amending Some Rules
To further deepen the reform of Streamlining Administration, Delegating Powers and Improving Regulation and Services, the Ministry of Commerce has sorted out some rules according to the requirements of the State Council, and hereby decides that:
I. The Measures for the Invitation of Bid for Export Commodity Quotas shall be amended.
1. The "Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "MOFTEC")" in Article 3 shall be amended as the "Ministry of Commerce".
One paragraph shall be added to Article 3 as Paragraph 2 which reads as: "The Ministry of Commerce shall supervise and inspect the application for and the use of quotas of export commodities."
2. The "MOFTEC" in Articles 7, 8, 11, 31, 32, 34, 35, 36, 43, 44 and 45 shall be amended as the "Ministry of Commerce".
"All local departments of foreign trade" in Articles 12 and 32 shall be amended as "all local competent departments for commerce".
3. "The CIBECQ consists of the leaders of the MOFTEC and the members from relevant departments and bureaus under the MOFTEC" in Article 7 shall be amended to read as: "The CIBECQ consists of the relevant departments and bureaus under the Ministry of Commerce".
4. Item 4 of Paragraph 1 Article 8 shall be amended to read as: "accepting the quotas submitted by enterprises and the record-keeping of the transfer of quotas".
One item shall be added to Paragraph 1 of Article 8 as Item 7 which reads as: "Other matters related to subjects of export quota bidding and tendering activities."
One paragraph shall be added to Article 8 as Paragraph 2 which reads as: "The CIBECQ may, according to work needs, entrust chambers of commerce for import and export, the related industry organizations or other relevant units (hereinafter referred to as "entrusted service units") to undertake the matters related to the bidding and tendering services for export quotas."
5. Articles 9 and 10 shall be deleted.
6. Paragraph 2 of Article 11 shall be amended to read as: "Any export enterprise (including enterprises with foreign investment) that has the qualifications for import and export business operations, has been registered at the administrations for industry and commerce, and has gone through the formalities for record-filing and registration of foreign trade operator, and whose volume of export or amount of export supply of relevant commodities has come up to a certain rate may participate in the bid invitations after satisfying the conditions of bid invitations. The specific measures shall be separately prescribed by the Ministry of Commerce."
7. Article 12 shall be amended to read as: "The competent departments for commerce of all provinces, autonomous regions, municipalities directly under the Central Government, municipalities separately listed on the State plan and the Xinjiang Production and Construction Corps (hereinafter referred to as the "local competent departments for commerce") are responsible for verifying the qualifications of local bid-tendering enterprises and submitting the relevant materials to the Ministry of Commerce."
8. The "OIB" in Articles 15, 22, 26 and 29 shall be amended as the "CIBECQ".
9. "The total bid-winning amount of an enterprise with foreign investment for a whole year shall be limited to the scale of export of the enterprise as ratified by the MOFTEC" in Article 20 shall be deleted.
10. Article 21 shall be amended to read as: "The Ministry of Commerce shall publicize public announcements of bid invitations in accordance with the regulations."
11. "The OIB shall, within 3 working days of the publication, report the preliminary bid-winning results to the CIBECQ for examination and approval" in Article 22 shall be deleted.
12. Article 23 shall be amended to read as: "After examining and approving the result of bid winning, the CIBECQ shall publicize the names of the bid-winning enterprises."
13.
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