(Released July 7, 2006, the Ministry of Commerce, 2006 5th as of September 1, 2006) Chapter I General provisions article to strengthen the foreign aid projects (hereinafter referred to as aid supplies project) management, ensure that aid supplies project quality, improve the economic and social benefits of foreign aid, pursuant to the relevant laws and administrative regulations, these measures are formulated.
    Article II foreign aid supplies project mentioned in these measures refers to the aid provided by the Chinese Government, interest-free or low-interest loans and other special assistance funds under General major enterprises selected by the Chinese Government procurement production and living materials, technical products or equipment item, if necessary, assume the installation, commissioning, operation guidance and training and other ancillary technical assistance projects for service tasks.
    Article of Commerce under this approach to managing foreign aid supplies project.
    Fourth aid supplies project implementation business as Ministry of Commerce selected project proponents, in accordance with these measures and other relevant laws, administrative regulations, implementation of Chinese Government signed with the recipient Government's aid supplies project intergovernmental agreement, enjoy the corresponding rights and corresponding duties and responsibilities.
    Supply list in chapter II of the fifth article of commerce based on foreign aid supplies project intergovernmental agreement list of aid materials supply.
    Supply supply list should contain names, technical standards, supply the quantity, quality and technical services as well as content. Sixth article determine supply listing should followed following principles: (a) in aid limit within, according to economic reasonable of principles meet recipient Party of basic using requirements; (ii) not to any form excluded or limit competition; (three) in equal applies situation Xia, priority selection native Yu China tariff territory of products; (four) except recipient party has special requirements outside, selection can production, and quality reliable of products.
    Protection of human health, physical and property security, environmental protection and other mandatory standards shall conform to this standard.
    The seventh Ministry of Commerce according to article sixth of the principles and policies formulated and published the catalogue for the guidance of foreign aid supply, for recipient material delivery requested and the list of supplies.
    Ministry of Commerce of the catalogue for the guidance of foreign aid supply dynamic management, review of adjustment once a year.
    Eighth special cases in the catalogue for the guidance of foreign aid supply other than the list of supply, the Ministry of Commerce may entrust a professional qualification and capacity of intermediary institutions or enterprises as a project with a single sponsor of foreign aid materials (hereinafter referred to as with a single sponsor), provides list of supplier content and reference price economic and technical advisory services.
    For two years for illegal business activities, or in violation of the relevant provisions on administration of foreign aid subject to criminal penalties, administrative punishment or take aid supplies project tasks in the process of a major fault agency or business, Department of Commerce does not authorize it as with a single sponsor.
    Nineth with single organizer should be strictly in accordance with the principles provided for in the sixth made supply list recommendations, and is responsible for the accuracy of the content and applicability of supply inventories. With a single sponsor suggested supply lists should be timely reported to the Ministry of Commerce examination to determine.
    MOFCOM shall on receipt of the delivery list within 20 working days of written notice from the audit results with a single sponsor.
    The tenth with a single sponsor shall not collude enterprises involved in foreign aid supplies project bidding against the other bidders supply list, or early to the tenders, bidding businesses compromised supply list, or collude with suppliers to seek illegitimate interests.
    11th Ministry of Commerce will submit its list of aid supplies project recipients to confirm. Foreign aid supplies in the course of project implementation, without the approval of the Ministry of Commerce, no unit or individual shall not alter the supply list.
    To adjust the supply list, must be reported to the Ministry of Commerce, Ministry of Commerce shall accept the application within 10 working days of making a decision and notify the applicant in writing; required consent of the recipient, the Ministry of Commerce shall be officially confirmed in the recipient party within 10 working days from the date of decision and notify the applicant in writing. Chapter III aid supplies project implementation and management of the 12th Ministry of Commerce in accordance with the implementation measures for the qualification accreditation of enterprises foreign aid projects (for trial implementation) (Ministry of Commerce, 2004 10th) with aid supplies project enterprise qualification of enterprise-wide, selected by invitation to tender or bidding way aid supplies project enterprise.
    Specific ways by the Commerce Department under foreign aid supplies project scope, quality, professional and characteristics.
    Enterprise shall, within the scope permitted by their level of qualification to take aid supplies project.
    13th for two years for illegal business activity or in violation of the relevant provisions on administration of foreign aid subject to criminal punishment or administrative punishment, or the implementation of aid supplies in the course of the project there was a major fault, adversely affect foreign businesses, the Ministry of Commerce not inviting their participation in the aid supplies project bidding, bidding.
    14th be selected foreign aid supplies project enterprise change bid or bidding promise, the Ministry can be selected again in other bidding aid supplies project enterprise or reorganize inviting bidding or bidding.
    15th Ministry of Commerce to the selected foreign aid supplies project Enterprise release aid supplies project task notification.
    Enterprise task notification letter is foreign aid supplies project implementation aid procurement, inspection, customs clearance, warehousing, transportation and related personnel clearance basis.
    16th foreign aid supplies project agreements signed between the Government contract, the aid supplies project implementation should be based on Department of Commerce authorization signed with recipients specified bodies external aid supplies project implementation contracts.
    External implementation of the contract in the course of project implementation by the parties of the contract the rights, obligations and cooperation, their content in China and a recipient of legal, intergovernmental agreements, as well as aid supplies project bidding or bidding promise. Before signing the contract with foreign, foreign aid supplies project Enterprise shall be entered into by contract and inspect the audit.
    MOFCOM shall on receipt of the proposed date of signed contract text will review results in writing within 20 working days from notification aid supplies project enterprise.
    17th article care material project implementation enterprise should according to by Commerce determine and eventually by recipient Party confirmed of supply listing and bid or on the standard commitment organization care material of production, and procurement, group goods work, is responsible for products factory Qian of acceptance work, shall not unauthorized change name, and specifications model, and technology parameter and standard, and supply number, and production manufacturers, and packaging way, and technology service personnel and the programme, substantive content, guarantee by for material meet bid or on the standard commitment of quality standard.
    The 18th foreign aid supplies project implementation of an enterprise should be in accordance with bids or bids of commitments by conditions of supply for goods storage, inspection and quarantine, as well as from the production or purchase to destination of domestic and international transport and insurance matters shall not alter the material mode of transport and arrival time.
    19th foreign aid materials enterprises should undertake the project implementation quality assurance responsibilities after the goods reach their destination, for non foreign causes arising within the warranty period of the product quality problems, responsible for the free replacement and pay the required fee. 20th supplier of aid supplies project company selected results, undue influence or aid materials adversely affect project implementation, the Ministry of Commerce to include the suppliers not qualified suppliers list.
    Aid supplies project implementation must not include procurement supplier directory of suppliers of products.
    Not qualified suppliers list management measures shall be formulated separately by the Department of Commerce.
    21st in the course of project implementation, foreign aid supplies project aid supplies project Enterprise shall not be borne by sub-contract or illegal subcontracting, shall not be misappropriated foreign aid funds and other activities unrelated to the project. 22nd for aid supplies needed for technical services projects, aid supplies project implementation should be based on the material characteristics and a recipient of the request for a technical solution, sending service technicians to recipient local install, debug, instructions and training in the local recipients of technical staff.
    Technical service programmes should be implemented by the Ministry of Commerce approval. Aid supplies project Enterprise shall merit selected technical service personnel and material conditions required to provide technical services to ensure technical quality of service.
    If necessary, the project companies will be able to receive aid supplies the recipient party technicians to China to accept instructions and technical training.
    Article 23rd foreign aid supplies project shall comply with China and recipient of the relevant provisions of the law, keep state secrets and technology secrets. 24th the Ministry of Commerce is responsible for the supervision and administration of foreign aid supplies project implementation and the use of funds, and project-related intergovernmental affairs.
    Embassies and consulates (economic and commercial Counsellor's Office, room) to assist the Ministry of Commerce to supervise foreign aid supplies project management, and intergovernmental affairs which are relevant under the authority of Ministry of Commerce.
    25th in the course of project implementation and aid materials enterprises should organize project implementation, saving documents, submitted to the Ministry of Commerce on a regular basis progress made in the implementation of the project, 20 working days after the completion of projects submitted to the Ministry of commerce within the project completion report and related documents.
    26th article of commerce based on foreign aid supplies project implementation the project completion report, is responsible for handling foreign aid supplies project with the recipient Government intergovernmental transfer procedures.
    The 27th Ministry of Commerce is responsible for the implementation of aid supplies project evaluate the effectiveness and implementation.
    28th in the customs territory of China procurement for foreign aid supplies must be shipped in accordance with Ministry of Commerce and the State administration of quality supervision, inspection and quarantine departments of foreign aid for material testing management provide for a mandatory inspection.
    Aid supplies must be shipped overseas procurement of Chinese tariffs on export inspection.
    29th for duty in China purchase shipment of aid supplies in the territory, in accordance with the Ministry of Commerce and the General Administration of customs established material inspection provisions of the customs clearance procedures for foreign aid. 30th foreign aid supplies project implementation should handle aid supplies project cargo insurance and other necessary insurance.
    Within the scope of the insurance losses, enterprises should make their own claim to the insurance company.
    31st article for care material project implementation enterprise in implementation care material project Shi for following causes and occurred of economic loss and costs adjustment, commerce can give appropriate of compensation: (a) war, and moving mess, and coup d ' état, and strike and two between political factors (as policy adjustment, and suspended diplomatic relations,); (ii) by Commerce and recipient Party Government agreed of supply content adjustment; (three) human not resist of natural disasters, but according to 30th article provides should handle insurance of except.
    Except as provided in the preceding paragraph, other risks in aid supplies project implemented by enterprises themselves. Fourth chapter legal responsibility 32nd article distribution single hosted units has following behavior one of of, commerce will on the distribution single hosted units give warning, and can sentenced 30,000 Yuan Yuan following of fine: (a) distribution single of name, and technology standard, and quality standard, and supply number, and technology service content and reference price appeared serious errors; (ii) serious violation this approach sixth article provides of distribution single principles; (three) violation this approach tenth article of provides, collusion about bid Enterprise proposed on other effective bid Enterprise adverse of supply listing
    Or early to the tenders, bidding businesses compromised supply list, or collude with suppliers to seek illegitimate interests.
    33rd article participation care material project invited tender or on the standard of enterprise has following behavior one of of, commerce will on the enterprise give warning, and can sentenced 30,000 Yuan Yuan following of fine; has was selected for implementation enterprise of, selected results invalid; violation related legal, and administrative regulations provides of, in accordance with legal, and administrative regulations of provides give administrative punishment; constitute crime of, law held criminal: (a) fraud, gets not due competition advantage; (ii) mutual collusion, bid up price;
    (Iii) improper conduct, disturb the bidding order. 34th article care material project implementation enterprise in care material project implementation process in the has following behavior one of of, commerce will on the implementation Enterprise give warning, and can sentenced 30,000 Yuan Yuan following of fine; violation related legal, and administrative regulations provides of, in accordance with legal, and administrative regulations of provides give administrative punishment; constitute crime of, law held criminal: (a) unauthorized change bid or on the standard commitment; (ii) will by bear of care material project subcontracting or illegal points package; (three) no due reason,
    Refused to perform foreign implementation contract and bid or on the standard commitment of obligations, serious effect care material project of normal implementation, foreign caused bad effect; (four) serious violation this approach of provides, caused related economic loss in 100,000 Yuan Yuan above; (five) misappropriated care funds engaged in and this project has nothing to do of other activities, effect care material project normal implementation; (six) procurement included not qualified supply manufacturers directory of supply manufacturers of products;
    (VII) implementation of aid supplies project personnel violating these rules article 23rd, adverse external effects.
    Fifth chapter supplementary articles article 35th explain these measures by the Ministry of Commerce.
                                                                                                      36th these measures shall come into force on September 1, 2006.