Laws of the People's Republic of China

The Ministry of Commerce

Interim Measures of the Ministry of Commerce for the Administration of Special Funds for Standardization System Construction of Domestic Trade

August 9, 2004

Chapter 1 General Provisions

Article 1

These Measures are formulated with a view to strengthening the administration of special funds for standardization system construction of domestic trade (hereinafter referred to as special funds for standardization system construction), ensuring the rational and effective use of such funds in accordance with the Interim Provisions of the Ministry of Commerce for the Administration of Budget, the Interim Measures of the Ministry of Commerce for the Administration of Expenditure Budget for Projects of Organs under the Ministry of Commerce and the Interim Provisions for the Administration of Projects Funds for Drafting and Revising National Standard System (Guo Zhi Jian Cai [2003] No. 30) as enacted by AQSIQ .

Article 2

Standardization system construction of domestic trade as mentioned herein shall refer to the research on and preparation of development programs for standardization system construction of domestic trade, formulation of or amendment to standards in connection with the production and circulation of products (commodities), service industry as well as market operating conditions, management along with service during the construction of market system.

Article 3

The Department of Market System Development of the Ministry of Commerce, acting as a functional department of the Ministry of Commerce responsible for exercising unified administration of and organizing and coordinating the standardization of domestic trade, shall, in conjunction with the Department of Commercial Reform and Development and the Department of Market Operation and Coordination, be in charge of presenting an annual plan (including a supplement plan) for drafting and revising standard projects of domestic trade industry and preparing as well as submitting the expenditure budget for standardization system construction projects of domestic trade (hereinafter referred to as expenditure budget for projects).

Article 4

The Department of Planning and Finance of the Ministry of Commerce shall be the competent department in charge of special funds for standardization construction. Principles of laying stress on the key points, giving an overall consideration, implementing strict control and tracing for efficiency shall be adhered to in the arrangement and management of such funds.

Article 5

The range of expenditure of special funds for standardization construction shall cover documentation fees (material costs) directly concerning the standardization construction of domestic trade, expenses of investigation and research, experiment, conference, technical examination, announcement and printing as well as reexamination.

Chapter 2 Budget Preparation and Submission

Article 6

The Department of Market System Development shall, according to the arrangement of standardization on a yearly basis and in conjunction with related departments and bureaus, bring forward a plan for formulating and revising the annual standards; it shall, under the unified arrangement of the Ministry of Commerce, produce a expenditure budget for market standardization construction projects and submit such budget to the Department of Planning and Finance.

Article 7

The Department of Planning and Finance shall, after departmental budgets of the Ministry of Commerce have been approved officially by the Ministry of Finance, notify the Department of Market System Development according to the official reply given by the Ministry of Commerce in terms of the expenditure budget for standardization system construction projects of domestic trade.

Article 8

The Department of Market System Development shall, according to expenditure budget of projects that are officially approved by the Department of Planning and Finance, organize relevant departments and bureaus to carry out the standardization system construction of domestic trade, examine and confirm funds necessary for single standards item by item, choose an entity to undertake projects on the basis of competitive selection by tenders or other means after such choice has been adopted at the director's meeting of its department and conclude a project entrustment contract with the said entity.

Article 9

The project entrustment contract shall explicitly specify contents and time of entrustment, quantity requirements, forms of results, payment terms, intellectual property rights and liabilities for breach of a contract and etc..

Article 10

No project fund shall be directly appropriated to the entity undertaking such project (or the leading entity) until draft for examination of standard projects has passed the experts' review.

Article 11

No subsidy shall be granted to the standard project that fails to be listed in the annual project plan (including a supplement plan) for formulating and revising standards in principle.

Article 12

Application for collecting project funds and appropriation thereof shall conform to the Interim Measures of the Ministry of Commerce for the Administration of Expenditure Budget for Projects.

Chapter 3 Supplementary Provisions

Article 13

The Department of Planning and Finance under the Ministry of Commerce shall be responsible for the interpretation of the present Measures.

Article 14

These Measures shall go into effect as of the date of promulgation.