Laws of the People's Republic of China

Circular of the General Office of the MOFCOM on Printing and Distributing Interim Measures for Administration of Public Commercial Information Service Project

Shang Xin Zi [2003] No. 13

All entities of the Ministry of Commerce and all entities undertaking public commercial information projects:

In 2000, the former Ministry of Foreign Trade and Economic Cooperation printed and distributed the working provisions of the Grand Collection of Export Commodities of China and the Grand Collection of Importers Directory of the World. Later, pursuant to the requirements of the Interim Measures for the Administration of Use of the Foreign Trade and Economic Public Information Service Special Funds, it formulated the provisions on the Administration of Contract of Undertaking Qualification in Foreign Trade and Economic Public Information Service Project and the Provisions on Using Marks of Foreign Trade and Economic Public Information Service. These measures and provisions impose an important effect on regulating public information service and improving the benefits from using the public information service special funds.

The public information service project is an important part of the work of the Ministry of Commerce in transforming functions and utilizing information technology to service the society and the broad masses of the people, and also is the specific embodiments of practising the important thought of Three Represents and exercising the state power in the interest of the people. Nowadays the public information services are encountering new situations and tasks, and the former administrative measures and provisions are in need of synthesis, supplements, amendments and linkage. Thus, the Interim Measures for Administration of Public Commercial Information Service Project is formulated in accordance with the requirements of the Interim Measures for the Administration of Use of the Foreign Trade and Economic Public Information Service Special Funds, and in combination with the relevant contents of such working provisions as the Grand Collection of Export Commodities of China and Grand Collection of Importers Directory of the World. Now the Ministry of Commerce distributes it to you all, please implement it accordingly.

It is hereby notified.

Attachment: The Interim Measures for the Administration of Public Commercial Information Service Project

The General Office of the Ministry of Commerce

September 30, 2003 Attachment: The Interim Measures for Administration of Public Commercial Information Service Project Chapter I General Provisions

Article 1

The measures are formulated with a view to normalizing the administration of public commercial information service project, in accordance with the provisions of the Ministry of Commerce on the budget administration and the Interim Measures for the Administration of Use of the Foreign Trade and Economic Public Information Service Special Funds (hereinafter referred to as the Interim Measures).

Article 2

The fundamental aims of the public commercial information service are to strengthen the government's function of public service, and to carry out the principles of service and non-profitable.

Article 3

The public commercial information service shall implement the management mechanism of labor-division with individual responsibility under overall planning with harmony. The Department of Information Technology is the business administrative entity of budget project, the Department of Planning and Finance is the funds administrative entity of budget project, and the department or bureau that brings forward proposal of budget project is the executive entity of the budget project.

Article 4

Public commercial information service project shall adopt the government procurement and contract administration. The enterprise, institution and social organization as legal person, other organization or individual produced by the way of inviting public bidding or authorization on the basis of competitive selection, is the undertaking entity of the budget project. The rights and obligations of all parties to the project are stipulated by contract

Chapter II Organization and Leadership

Article 5

Pursuant to Article 26 of the Interim Measures, the name of the Editor Committee of the Grand Collection of Export Commodities of China and the Grand Collection of Importers Directory of the World is changed into the Instruction Committee of Public Commercial Information Service, which makes overall instructions to the work of public commercial information service.

Article 6

The main duties and responsibilities of the Instruction Committee of Public Commercial Information Service shall be:

1.

To review and pass the overall plan and working scheme of public commercial information service;

2.

To listen to the report of administrative, executive and undertaking entities, and review the implementation of public commercial information service projects;

3.

To research and decide important issues in the work of public commercial information service.

The ministerial leader of the Ministry of Commerce in charge shall assume the position of director of the Instruction Committee of Public Commercial Information Service, and the position of vice-directors shall be assumed by the departmental leaders from the Ministry of Finance, the Ministry of Foreign Affairs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Ministry of Commerce ( the Department of Information Technology, the Department of Planning and Finance), and member entities shall be constituted by such departments as the General Office of the Ministry of Commerce, the Department of Planning and Finance, the Department of International Trade, the Department of Import and Export of Electromechanical Products, the Department of Scientific and Technological, the Department of Market Operation Regulation, the Department of Foreign Investment Administration, the Department of Foreign Economic Cooperation, the Department of Information technology of the Ministry of Commerce. The member entities of the Instruction Committee of Public Commercial Information Service may be supplemented or changed according to working needs in proper time. The supplement or change of member entities shall be decided by director of the Instruction Committee of Public Commercial Information Service.

The member entities of the Instruction Committee of Public Commercial Information Service separately appoint one departmental leader as the member of the instruction committee, one divisional cadre as the liaison person of the Instruction Committee, the candidate thereof shall be decided by the director of the Instruction Committee, and may be changed according to the actual situations.

Article 7

An office shall be established subordinating to the Instruction Committee of Public Commercial Information Service, and its main duties and responsibilities shall be:

1.

To research and put forward the overall plan and working scheme of public commercial information service;

2.

To be responsible for organizing the proof of the implementation scheme of public commercial information service project and the work of project target;

3.

To fulfill each decision of the Instruction Committee of Public Commercial Information Service; and to accomplish other works assigned by the Instruction Committee of Public Commercial Information Service.

The office of Instruction Committee of Public Commercial Information Service shall be established in the Department of Information Technology, director of the office shall be assumed by the leader in the Department of Information Technology of Ministry of Commerce, and the specific work shall be undertaken by the divisions in charge.

Chapter III Initiation and Examination of Project

Article 8

Each business department or bureau shall bring forward project suggestions according to respective business demand.

The Department of Information Technology of the Ministry of Commerce shall take charge of accepting the application for project initiation, organizing the experts proof and examining on a consolidated basis.

Article 9

Preparation in advance and scientific decisions shall be made with respect to the project initiation. In the second quarter of every year, the Department of Information Technology shall take charge of organizing the relevant departments, bureaus and experts to put forward opinions about the arrangement of budget project for the next year on basis of adequate proof, which, after the departmental meeting, will be submitted to the leader in charge for approval and act as the basis of budget arrangement of the next year. Before all relevant departments and bureaus report the project suggestion for the next year to the Department of Information Technology, it shall be discussed at departmental meeting of this entity.

Article 10

The initiation of public commercial information service project shall be overall planned to avoid repetitions. As for the projects whose contents provide services to more than two business departments or bureaus, or for the same kind of projects, the Department of Information Technology shall stick to the principle of overall consideration, carry through consolidation and amalgamation, and implement uniform project initiation (the project shall be initiated uniformly), the Department of Information Technology shall be the project executive entity; With respect to the project suggestion whose contents only involve in a single business department or bureau, the Department of Information Technology and the business department or bureau shall jointly initiate the project (the project shall be initiated jointly), and the business department or bureau shall be the project executive entity .

Chapter IV Planning of Project Implementation Scheme and Proof of Scheme

Article 11

After the project budget is officially replied to by the budget administrative department of the ministry and made known to lower levels; the project executive entity shall be responsible for organizing the planning of project implementation scheme. The executive entity may carry out the planning of scheme voluntarily or by authorization.

Article 12

Where planning by authorization is performed, the project executive entity shall select the superior planning entity, which shall sign the Authorization Agreement on the Planning of Project Implementation Scheme. The planning expense of implementation scheme shall be performed on the basis of 0.5% of the project budget, and shall be only paid to the undertaking entity of planning of project implementation scheme after the planning of project implementation scheme passes the proof by way of bullet payment.

Article 13

The Office of the Instruction Committee of Public Commercial Information Service shall be responsible for organizing the work of proving the implementation scheme.

After the project executive entity completes the planning of implementation scheme, it shall apply to the Office of the Instruction Committee of Public Commercial Information Service for the proof of project implementation scheme. The application materials include: the time and place of expecting to organize the proof; the nominating materials of 3-5 experts attending the proof meeting; the Planning Documents of Project Implementation Scheme. Where it is the planning by authorization, the Authorization Agreement on the Planning of Project Implementation Scheme shall be provided.

Article 14

The proof of project implementation scheme shall be presided by director of the Office of the Instruction Committee of Public Commercial Information Service or the person appointed thereby. The attendees shall consist of the representatives from the member entities of the Instruction Committee of Public Commercial Information Service and experts.

Where it is the planning by authorization, the undertaking entity of planning shall not send anyone to attend the proof, and the proof experts shall not have any interested relations with the undertaking entity of planning.

The key points in proving the project implementation scheme are: whether the project implementation scheme conforms to the overall construction planning of public commercial information; whether it accords with the utilizing orientation of special funds; whether it overlaps the constructed project of public commercial information service; whether it is scientific and effective.

After the completion of the proof meeting, the proof conclusion shall be produced by the Office of the Instruction Committee of Public Commercial Information Service. The proof conclusion is either proof passed or to prove again after modification.

Chapter V the Selection of Project Undertaking entity

Article 15

The selection of project undertaking entity shall not carried out until the implementation scheme of public commercial information service project passes the proof. The undertaking of project shall be produced by either public bidding invitation or the authorization on the basis of competitive selection. Where the laws and regulations of invitation to bids of PRC have stipulation concerned, and the conditions of the invitation to bids are satisfied, the project undertaking entity shall be selected by the means of public invitation to bids or private invitation to bids.

Article 16

The project undertaking entity selected by invitation to bids shall adopt the fixed price of invitation to bids. The term "fixed price of invitation to bids" refers to the fixed price that takes the price of the winning bidder as the payment price.

The project undertaking entity selected by the authorization on the basis of competitive selection shall adopt the audit fixed price. The term "audit fixed price" refers to the fixed price that only determines undertaking qualification and budgetary estimate sum, passes the audit confirmation, and takes the audit price as the payment price.

As to the project of undertaking entity selected by invitation to bids, where more changes in workload are likely to occur during the implementation of project, the audit fixed price may be adopted.

Article 17

As the bid inviting party, the Office of the Instruction Committee of Public Commercial Information Service shall organize and implement uniformly the bid invitation of public commercial information service pursuant to the relevant provisions of the invitation to bids laws and regulations of PRC. The bid invitation documents shall be ratified by the director of the Office of the Instruction Committee of Public Commercial Information Service.

Article 18

Where the bid invitation agency carries out the bid invitation matters, the bid invitation agency shall be chosen by invitation to bid and sign the Agreement of Authorization of Bid Invitation Agency. The agency expenses shall be performed on the basis of 0.5% of the project budget sum, and shall be paid by way of bullet payment at the completion of bid invitation.

Article 19

The Office of the Instruction Committee of Public Commercial Information Service shall take charge of organizing and establishing the bid evaluation committee which consists of project executive entity and the experts recommended by member entities of the Instruction Committee of Public Commercial Information Service. The members of the evaluation committee shall be odd number. The Bureau of Discipline Supervision & Investigation of the Ministry of Commerce shall sent representative to supervise the evaluation.

Article 20

The members of the bid evaluation committee may exercise the power of bid evaluation independently in accordance with the requirements of the bid inviting party or bid invitation agency. The bid inviting party or bid invitation agency shall be responsible for consolidation the opinions of the bid evaluation committee. Generally, the first winning bidder shall be the one with the highest comprehensive evaluation scores.

Article 21

After the end of the bid evaluation, project executive entity and the first winning bidder shall conduct the negotiation and draft contract.

Article 22

The project undertaking entity determined by invitation to bid and the contract drafted ready for signing shall be examined and approved by the director of the Instruction Committee of Public Commercial Information Service. After approval, a letter of acceptance or rejection shall be issued to the bidder, and the undertaking contract shall be signed by the project executive entity, business administrative entity and project undertaking entity.

Article 23

As to the project which is inappropriate to select the undertaking entity by invitation to bid, or the fragmentary business that is uneconomical to have invitation to bid, the project executive entity may determine the undertaking entity by the authorization on the basis of competitive selection.

To determine the undertaking entity by the authorization on the basis of competitive selection shall meet the one or many of the following requirements:

1.

Only very few entities can undertake the business of project;

2.

The sum of the project is less than 800,000 RMB; (the Circular of the General Office of the State Council on Printing and Distributing the Government Centralized Procurement Catalogue and Standard for the Central Budgetary Institutions in 2003) (the standard of the sum for public invitation to bid of the government procuring goods and services prescribed by the document of Guo Ban Fa [2003] No.14 )

3.

Continued by former undertaking entity selected by the invitation to bid.

Article 24

The project executive entity determines the undertaking entity by the authorization on the basis of competitive selection, which shall be researched and passed by the Division meeting of the Department of Information and Technology and be reported to the director of Instruction Committee of Public Commercial Information Service for approval. The materials to report for approval shall include the reason for adopting the authorization on the basis of competitive selection and the contract draft ready for signing.

After approval, the undertaking contract shall be signed by the project executive entity, business administrative entity and project undertaking entity.

Article 25

The selection of project undertaking entity for matured contract may re-conduct the invitation to bid, or be continued by the former undertaking entity.

Where the re-invitation to bid is adopted, it shall be performed pursuant to the provisions concerning invitation to bid in the Measures. Where the continuance of undertaking by the former undertaking entity is adopted, it shall be performed in accordance with the provisions concerning the authorization on the basis of competitive selection in the measures.

Chapter VI Check and Acceptance, Audit, Inspection and Control of Project

Article 26

After signing the undertaking contract of the public commercial information service project, the business administrative entity and executive entity shall strengthen the administration of contract by the means of check and contract acceptance, audit, inspection and control, etc.

Article 27

The check and acceptance of project shall be organized by the project executive entity. The working group of check and acceptance shall consist of representatives from member entities of the Instruction Committee of Public Commercial Information Service, each of which sends one representative respectively. In the work of checking and accepting, the measurement and determination of the relevant index shall be produced by the third party authorized by the project executive entity.

Article 28

The project of carrying out the audit fixed price shall be applied by the Office of the Instruction Committee of Public Commercial Information Service, and the Department of Planning and Finance shall carry out the project audit and expenses confirmation in accordance with the requirements of the Administration of Contract of Undertaking Qualification in Foreign Trade and Economic Public Information Service Project (Guo Dian Shang Bian Han Zi NO.30).

The accountant firm shall be produced by the invitation to bid of the budget administrative committee of the Ministry of Commerce, whose rights and obligations shall be determined by the Agreement of Audit Business.

Article 29

The overall check and acceptance report and audit report of the project shall be ratified by the director of Instruction Committee of Public Commercial Information Service.

Article 30

The undertaking entities of all projects shall use the logs-filing systems of undertaking entities to fill in the working logs seriously as the basis of check and acceptance of project and financial audit.

Chapter VII Project Spread, Marks Use and Data Storage

Article 31

The public commercial information service project shall conform to the principle of uniform project promotion, marks use, data storage.

Article 32

The public commercial information service project shall organize promotion activities, including attending exhibition, organizing symposium and introduction meeting, training, making show shelves, printing all kinds of propaganda materials, etc. The undertaking entity of promotion activities shall be produced by the invitation to bid or the authorization on the basis of competitive selection.

Article 33

The public commercial information service project with the direct or indirect aids from the special funds (including but unlimited to all kinds of media publications, symposium, training and promotion activities etc.) shall be uniformly use the uniform marks of public commercial information service. The specific requirements shall be enforced by the Provisions on Utilizing Marks of Foreign Trade and Economic Public Information Service (Wai Jing Mao Guo Dian [2002] NO. 23).

Article 34

All kinds of working plans, the signed agreements and financial materials etc. which are produced , filed and preserved by the project undertaking entity during the period of implementing the public commercial information service project, shall be reserved for not less than five years. If there are provisions as otherwise stipulated in other laws, such provisions shall be followed.

The copyrights and rights to use of all kinds of electronic data, written materials produced during the period of implementing the public commercial information service projects shall belong to the Ministry of Commerce. No undertaking entity may use or copy for profits without authorization, examination and determination.

All public commercial information service projects shall store the data uniformly.

Each project undertaking entity shall copy the relevant data to the data consolidation center of the public commercial information service, which shall administrate uniformly.

The data consolidation center of the public commercial information service shall be produced by the invitation to bid.

Chapter VIII Periodic Report and Information Disclosure

Article 35

The business administrative entity and project executive entity shall organize periodically the compiling of the performance reports of special funds in accordance to the relevant provisions and requirements of the current budget administration.

Article 36

The business administrative entity shall take charge of establishing the website of project administration and publicize the content of the measures for the administration of the special funds, administrative process, aids projects, check and acceptance reports, audit reports and contract texts etc. The business administrative entity shall compile the annual reports and publicize to society at the end of the annual financial year.

Chapter IX Supplementary Provisions

Article 37

The relevant working provisions of the former Grand Collection of Export Commodities of China and Grand Collection of Importers Directory of the World shall be abolished after the implementation of the present Measures.

Article 38

The present Measures shall be interpreted by the Department of Information and Technology of the Ministry of Commerce.

Article 39

The present Measures shall be implemented as of the date of promulgation.