Laws of the People's Republic of China

Shang Chan Zi [2006] No. 73

The competent departments of commerce in all the provinces, autonomous regions, municipalities, cities specifically designated in the state plan, and Xinjiang Production and Construction Corporations:

In order to implement the spirit of the central economic working conference, the national science and technology conference and the national commerce working conference, to press ahead the organization and implementation of the program of revitalizing trade through science and technology, and to substantially strengthen the administration and guide toward the construction of export innovation base, the Measures for the Administration of Constructing the Export Innovation Base concerning Revitalizing Trade through Science and Technology(for Trial Implementation) will now be printed and transmitted to you.

The construction of export innovation base, an utterly new task, is an important carrier for deeply implementing the strategy of revitalizing trade through science and technology and transforming the growth pattern of foreign trade. Adhering to the principle of step by step and advancing steadily, the construction of export innovation base will be carried out step by step on the basis of trial bases of this year. All the relevant local authorities shall improve their awareness and take the lead to organize the work in a bid to establish and perfect the construction mechanism of export innovation work and to push forward this task in the spirit of innovation.

The competent departments of commerce in all the provinces, autonomous regions, municipalities, cities specifically designated in the state plan, and Xinjiang Production and Construction Corporations shall, in light of the spirit of Measures for the Administration of Constructing the Export Innovation Base concerning Revitalizing Trade through Science and Technology(for Trial Implementation), organize the relevant authorities as soon as possible to adjust and perfect the plan concerning the application for export innovation base and supplement the necessary material or recommend export innovation bases again. The aforesaid recommendation document about export innovation base shall be submitted to the Ministry of Commerce (Department of Commercial Affairs) before September 15, 2006.

General Office of the Ministry of Commerce

August 31, 2006

Measures for the Administration of Constructing the Export Innovation Base concerning Revitalizing Trade through Science and Technology (for Trial Implementation) Chapter I General Principle

Article 1

In the spirit of the Decision of Central Committee of the Communist Party of China and the State Council concerning Implementing the Plan of Science and Technology and Strengthening Autonomous Innovation(Zhong Fa[2006] No.4) and Several Opinions of the General Office of the State Council about Transmitting the Strategy of Further Implementing the Plan of Revitalizing Trade through Science and Technology Made by Such Eight Authorities as the Ministry of Commerce (Guo Ban Fa[2003] No.92), the Ministry of Commerce has organized "the project of revitalizing trade through science and technology", and started to establish "the export innovation base of revitalizing trade through science and technology"(hereinafter referred to as "export innovation base"). The Measures herein is formulated In order to substantially strengthen the administration, supervision and guidance upon export innovation base, perfect the construction work mechanism of export innovation base and to guarantee the sound development of export innovation base.

Article 2

The export innovation base refers to the rather perfect industrial conglomeration zone which is endowed with striking industrial character, some export scale, fairly strong international competitiveness and international exploitation capability, technological innovation spirit, rather strong model, lead and radiation capability, perfect industrial chain and supplementary system.

Article 3

The export innovation base may be constructed by taking advantage of the preferential industrial park, flagship enterprise or the prefectural and below administrative regions.

The construction of export innovation base shall not emphasis on constructing infrastructure or expanding new land.

Article 4

The main task of constructing export innovation base shall be to encourage and support industrial technical innovation, cultivate and building its industrial scale, improve its international competitiveness, optimize the trade environment, strengthen the construction of public service platform, improve the development quality and efficiency, and to promote the combination of trade, science and technology and industry.

Article 5

The whole plan of the construction of export innovation base shall be emphasized to reasonably distribute resources, innovate mechanism, actively explore and construct the multi-channel, multi-levels, multi-means supporting system in a bid to increase the leading role of the industry and to promote the export restructuring and optimize its upgrade.

Article 6

The Ministry of Commerce as well as the relevant authorities shall take relevant measures to create an environment conducive to the construction and development of export innovation base and give prior support to the export innovation base items which meet the relevant commercial policies.

Chapter II Administration Authorities and the Relevant Responsibilities

Article 7

The Ministry of Commerce and the competent provincial departments of commerce in all the provinces, autonomous regions, municipalities and cities specifically designated in the state plan(hereinafter referred to as "the competent provincial departments of commerce ") shall be jointly responsible for administering, guiding and supervising the construction of export innovation base.

Article 8

The Ministry of Commerce shall be responsible for administering and guiding the construction of export innovation base, working out the general plan for export innovation base development and putting it into practice and setting the development objective and task hereof, working out the policies and measures concerning promoting the development of export innovation base construction, nailing down the application and conformation time, condition and procedure of export innovation base.

Article 9

The competent provincial departments of commerce shall be responsible for administering and guiding the construction of the local export innovation base, compiling the development plan hereof, establishing and perfecting the local system hereof, guiding, coordinating and administering the important export items in the construction hereof, undertaking the statistics, promotion, investigation, study and publicity hereof.

Article 10

The certified export innovation base unit shall be led by the competent provincial departments of commerce to establish the relevant leading group hereof to be responsible for coordinating and working out construction plan and to put it into practice.

Article 11

The leading group of export innovation base shall strengthen its communication and coordination with the relevant departments, strive to win the support of the relevant policy, perfect the policy hereof, put into practice the publicity of revitalizing trade through science and technology and autonomous innovation, formulate and promulgate the relevant coordinating policies.

Article 12

The leading group of export innovation base shall gradually establish and perfect the system of its dynamic track of the export innovation base and regular assessment and information submission, paying attention to investigation and study, regularly inform the Ministry of Commerce of the construction of export innovation base to ensure the substantial and effective advancement hereof.

Chapter III Application and Confirmation of Export Innovation Base

Article 13

The competent provincial departments of commerce shall be responsible for organizing the application and initial assessment of the local export innovation base and the Ministry of Commerce shall be responsible for the confirmation hereof.

Article 14

The competent provincial departments of commerce shall decide the suitable unit for application in light of the local condition.

The application unit shall in light of the relevant requirements submit the application document to the competent provincial departments of commerce for summation, which shall submit the final application documents and the initial opinion concerning the local export innovation base to the Ministry of Commerce.

Article 15

The Ministry of Commerce shall, in light of the principle of openness, equity and transparency, establish the assessment expert committee of export innovation base on the merit of the confirmation condition and organize the experts to assess the implementation application plan after having received application documents from the local authorities, to undertake strict assessment upon the application documents submitted by local authorities and to confirm the export innovation base.

Article 16

Basic conditions for confirming export innovation base:

(1)

to compile the development plan of export innovation base and to nail down the development direction and objectives in accordance with the 11th Five-year Plan for National Economic Development and the 11th Five-year Plan for Revitalizing Trade through Science and Technology;

(2)

striking industrial character, fairly strong industrial base, the export of more than $30 million of relevant products and about stable growth of nearly three years;

(3)

striking industrial and technical advantages, the production scale of main products shall take the lead in domestic market and take some proportion in domestic and foreign market, the investment in research and development shall reach or exceed 3% of the total income;

(4)

it has established rather perfect industrial coordinating system and public service system with sound industrial development environment;

(5)

the industry shall have strong autonomous innovation capability and international competitiveness, establish rather perfect autonomous innovation and intellectual property management system and the main export products has gained the relevant certification of the main export nations and regions.

Region pattern and industrial division shall be fully taken into consideration in the process of export innovation base, the aforesaid standard may be appropriately lowered for the application units in northeast old industrial base and the middle and western region.

Article 17

The application unit for export innovation base shall submit the application hereof. The application shall include the following:

(1)

the development of the main industries of the application unit and its export condition;

(2)

the development plan and implementation plan of export innovation base;

(3)

the supporting policy of revitalizing trade through science and technology put forward by the local government;

(4)

the production scale of the main products of the enterprises in the base and the explanation for the lead of its technology in China;

(5)

technological innovation of the enterprises in the base and its own intellectual property;

(6)

the certificate of export of the previous year issued by local authority in responsible for commerce and the authorities of customs; and

(7)

other documents.

Article 18

The award of "export innovation base of revitalizing trade through science and technology" will be conferred to the confirmed unit hereof by the Ministry of Commerce.

Article 19

The professional name shall be conferred to the export innovation base in light of the preferential high-tech industrial regions.

Chapter IV Assessment, Supervision and Administration

Article 20

The Ministry of Commerce as well as other authorities shall carry out comprehensive assessment regularly upon the construction of export innovation base and its operation and undertake dynamic administration thereon.

Article 21

The Ministry of Commerce as well as other authorities shall summarize and publicize typical experience for the soundly developed export innovation base and strengthen its support hereto, demand the inefficient export innovation base to rectify and reform itself within the tine limit until the qualification of export innovation base is canceled.

Article 22

All the statistics about the construction and development of export innovation base shall be precise, scientific and may not be concealed or falsely reported, otherwise, upon verification, a warning or announcement of criticism will be given, or even its qualification of export innovation base will be canceled.

Chapter V Appendix

Article 23

The competent provincial departments of commerce may formulate detailed rules in respect of export innovation of the local region under the Measure herein.

Article 24

The Ministry of Commerce shall be responsible for interpreting the Measure herein.

Article 25

The Measures herein shall come into force as of the date when they are printed and distributed.