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对外贸易经济合作部、财政部关于印发《中小企业国际市场开拓资金管理办法实施细则》的通知 Circular of the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance on Printing and Distributing the Detailed Rules for the Implementation of the Measures for Administration of International Market Developing Funds of Small-and Medium-sized Enterprises

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外经贸计财发[2001]270号
颁布日期:20010613  实施日期:20010613  颁布单位:对外贸易经济合作部、 财政部

  WaiJingMaoJiCaiFa [2001] No.270

  June 13, 2001

  The commissions of foreign trade and economic cooperation, financial office, enterprise of foreign trade, bureaus of commerce(trade) of import and export, of all provinces, autonomous regions and municipalitie directly under the Central Government, municipalities separately listed on the State plan:

  In accordance with the spirit of the " Measures for Administration of International Market Developing Funds of Small-and Medium-sized Enterprises(for trial)(CaiQi [2000] No.467)" , the MOFTEC and the Ministry of Finance have drew the "Detailed Rules for the Implementation of the Measures for Administration of International Market Developing Funds of Small-and Medium-sized Enterprises", and now print and distribute to you, please carry out sincerely.

  This is herby the notification.

  Attachment:

  Detailed Rules for the Implementation of the Measures for Administration of International Market Developing Funds of Small-and Medium-sized Enterprises (for Interim Implementation)

  Chapter 1 General Provisions

  Article 1 In order to strengthen the administration of international market developing funds of small-and medium-sized enterprises (hereinafter referred to as "market developing funds") and to improve the use of the fund, the Detailed Rules for the Implementation of the Measures for Administration of International Market Developing Funds of Small-and Medium-Sized Enterprises (for provisional implementation) (hereinafter referred to as "Detailed Rules for Implementation") are hereby formulated according to the Measures for Administration of International Market Developing Funds of Small-and Medium-Sized Enterprises (for provisional implementation) [CaiQi [2000] No.467, hereinafter referred to as "Measures for Administration"]

  Article 2 Market developing funds referred to in these Detailed Rules for Implementation include the governmental funds of the central treasury used to help the businesses and small-and medium-sized enterprises open up the international markets, and the special funds independently arranged by the treasuries.

  Article 3 The market developing funds are divided into two parts, one for central use and the other for local use, and adopt two-level administration, central administration and local administration. The part for local use is composed of the special funds appropriated by the central financial budget and the special funds independently arranged by the local treasuries.

  Article 4 The administration and use of the market developing funds shall abide by the principles of open and transparency, directional use, scientific administration and strengthened supervision.

  Chapter 2 Administrative Departments and their Functions and Responsibilities

  Article 5 Foreign trade and economic departments and financial departments at all levels are the departments in charge of the market developing funds, and shall jointly administrate the use of the market developing funds and the implementation of the projects. The foreign trade and economic departments are responsible for the administration of the operation of the market developing funds, including determining the support direction and the scope of use of the market developing funds, proposing the annual project fund plan, and examining and proving the projects using the funds.

  The financial departments are responsible for the budgeting and financial administration of the market developing funds, including examining and approving the annual project fund plan, appropriating the market developing funds, drawing up supervising requirements for the market developing funds, and shall follow and administrate the projects and the use of the fund jointly with the foreign trade and economic departments.

  Article 6 Upon the approval of the foreign trade and economic departments and the financial departments at all levels, the undertaking units may be entrusted to be responsible for the specific administration of the operation of the market developing funds.

  The part for central use shall be undertaken by the Administrative Office of the International Market Developing Funds of Small-and Medium-Sized Enterprises (hereinafter referred to as the "Small-and Medium-Sized Enterprise Office") that is entrusted by the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance; and the part for local use may be undertaken by the local undertaking units entrusted by local foreign trade and economic departments and financial departments, and shall be reported to the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance for record.

  Relevant work of the Small-and Medium-Sized Enterprise Office and local undertaking departments shall be under the supervision and guidance of the foreign trade and economic departments and financial departments.

  Article 7 The Small-and Medium-Sized Enterprise Office and local undertaking departments entrusted by the foreign trade and economic departments and the financial departments shall undertake the following tasks:

  1. being responsible for accepting the application for project fund plans, the application of project implementation and the application for project fund appropriation, and making the initial examination;

  2. drafting the annual project fund plans according to the applications for project fund plans;

  3. being responsible for the arrangement, collection, statistics and analysis of the material of applications for project fund plans, applications for project implementation and applications for project fund appropriation;

  4. helping the foreign trade and economic departments and the financial departments follow and inspect the use of the market developing funds;

  5. drafting reports of the implementation of the annual project fund plan;

  6. being responsible for the publicity and training of the relevant administrative provisions on the market developing funds.

  Chapter 3 Use of the Funds

  Article 8 The market developing funds are used to help the small-and medium-sized enterprises open up the international markets, and help the enterprises, social organizations, institutions serving the small-and medium-sized enterprises (hereinafter referred to as the "project organizing units") organize the small-and medium-sized enterprises.

  Article 9 The market developing funds are to support: holding or participating in overseas exhibitions; certification of quality administrative system, environment administrative system, software export enterprises and all kinds of products; publicity and recommendation to international markets; opening up new and emerging markets; organizing trainings and seminars; overseas bidding (bid negotiation) and other aspects (see attachment 1 for the specific support contents and standards).

  Article 10 The market developing funds are to priority support the following activities:

  1. carrying out the strategy of market diversity, supporting the developing activities facing the new and emerging international markets of Latin America, Africa, Middle East, East Europe and South-East Asia, etc;

  2. carrying out the strategy of winning by good quality and developing trade by science and technology, supporting the international market developing activities of the mechanical and electrical products, high-and new-tech products, the products of which more than 70% components are home-made or the products possessing independent intellectual property, etc;

  3. supporting the activities of small-and medium-sized enterprises to get quality administrative system certification, environment administrative system certification and product certification; and

  4. supporting the international market developing activities of small-and medium-sized enterprises that have already obtained the quality administrative system certification, environment administrative system certification and product certification.

  Chapter 4 Targets of the Fund Use

  Article 11 Applications of small-and medium sized-enterprises for opening up the international markets independently are enterprise project applications; applications of project organizing units for organizing small-and medium sized-enterprises to open up the international markets are organization project applications.

  Article 12 The small-and medium sized-enterprises meeting the following requirements may apply for enterprise projects:

  1. possessing the qualification for enterprise as legal person, owning import-export operations right or foreign economic cooperation operation qualification, and the Customs statistics volume of exports of the last year is 15,000,000 dollars or below;

  2. Having not committed any offenses in the aspects of foreign business and economic operational control, financial management, tax administration, foreign exchange control, and custom supervision in the last two years;

  3. Possessing professionals who specialize in international market developing, having definite work arrangement and market development plans for developing international markets.

  Article 13 Project organizing units meeting the following requirements may apply for the organization projects:

  1. the organized activities are for the purpose of helping the small-and medium-sized enterprises open up international markets and of improving the international competition capabilities of small and medium-sized enterprises;

  2. there are 10 or more enterprises taking part in the activities, and more than 70% of the enterprises meeting the application requirements for small-and medium-sized enterprises provided in Article 12 of these Detailed Rules for Implementation;

  3. the funds applied for directly benefit the enterprises taking part in the activities, so as to reduce the expenses and the risks of market development of those enterprises, and to increase the enterprise's efficiency.

  Article 14 Enterprises taking part in the organization projects may not apply for the market pioneering funds for the same project separately.

  Chapter 5 Administration of and Standards for the Use of Funds

  Article 15 The market developing funds arranged by the central treasury are divided into two parts, one for central use and the other for local use. The funds directly used by the central authorities shall occupy 30% of the fund plan of that year, and the funds used by localities shall occupy 70% of the fund plan of that year.

  Article 16 In principle, the support proportion of market developing funds shall not exceed 50% of the amount the supported project needs. For small-and medium-sized enterprises of the western regions, and for the market developing activities carried out in accordance with the strategy of market diversity listed in paragraph 1, Article 10 of these Detailed Rules for Implementation, the support proportion of funds may be raised to 70%.

  Article 17 Expenses paid in foreign currencies shall be converted into Renminbi (RMB) according to the foreign exchange quotation promulgated by China People's Bank of the day on which the expense voucher is issued.

  Chapter 6 Administration of the Project Fund Plan

  Article 18 The Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance shall jointly negotiate with each other and decide about the fund quota of the part for central use and the part for local use of next year according to the arrangements of the annual market developing fund plan.

  The Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance shall make the fund quota for local use known to the local foreign trade and economic departments and financial departments before July 1 of each year.

  Article 19 The Ministry of Foreign Trade and Economic Cooperation and the local foreign trade and economic departments are responsible for proposing the annual project fund plan of the part for central use and the part for local use of the next year. The contents of the project fund plan shall include: specific projects, support contents, support proportion and support amount, etc.

  Article 20 The project fund plan of the part for local use shall be reported to the Ministry of Foreign Trade and Economic Cooperation before Aug. 15 of each year by the local foreign trade and economic departments after being examined by the financial departments of the same level.

  The Ministry of Foreign Trade and Economic Cooperation is responsible for proposing the national project fund plan of the market pioneering funds of the next year, and shall report the plan to the Ministry of Finance before Sep. 10 of each year.

  Article 21 The Ministry of Finance shall give a written reply concerning the national project fund plan of market developing funds of the next year to the Ministry of Foreign Trade and Economic Cooperation before Oct. 10 of each year.

  The Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation shall jointly make the project fund plan of the next year known to the local financial departments and foreign trade and economic departments before Nov.1 of each year according to the annual project fund plan.

  Article 22 The projects that may be listed in the project fund plan for central use shall include:

  1. organization projects proposed by the project organizing units which organize the small-and medium-sized enterprises of the whole country or of different regions to open up the international markets;

  2. organization projects proposed by the central enterprises which organize the small-and medium-sized enterprises to pioneer the international markets;

  3. enterprise projects proposed by the central enterprises that comply with the provisions of Article 12 of these Detail Rules of Implementation or by the subsidiary companies of the central enterprises that have made industrial and commercial registration in Beijing.

  Article 23 Projects that may be listed in the annual project fund plan for local use shall include:

  1. organization projects proposed by project organizing units that organize the local small-and medium-sized enterprises to open up the international markets;

  2. enterprise projects proposed by the small-and medium-sized enterprises that have made industrial and commercial registration in that region and that comply with the provisions of Article 12 of these Detailed Rules of Implementation;

  3. enterprise projects proposed by the subsidiary companies of central enterprises that have made industrial and commercial registration in that region and that comply with the provisions of Article 12 of these Detailed Rules of Implementation.

  Article 24 The Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation may make appropriate adjustment to the project fund plan of this year that have been made known to the lower levels in the executing year according to the use status and use effect of the market developing funds.

  Article 25 The Ministry of Finance shall appropriate the funds according to the annual project fund plan made known to the lower levels. Among which, the funds distributed for local use shall be appropriated to the local financial departments once for all or by time; the market developing funds used by central budget administrative units shall be appropriated directly by the Ministry of Finance; and the other market developing funds for central use shall be appropriated to the Ministry of Foreign Trade and Economic Cooperation every three months according to the annual project fund plan.

  Chapter 7 Application Procedures

  Article 26 Application for project fund plan. Small-and medium-sized enterprises or project organizing units that meet the requirements for application of Article 12, Article 13 of these Detailed Rules for Implementation may apply to the Small-and Medium-Sized Enterprise Office or the local foreign trade and economic departments for the project fund plan of the next year according to the support contents provided in these Detailed Rules for Implementation from July 1 to July 31 of each year.

  Article 27 Small-and medium-sized enterprises or project organizing units shall submit the basic information of the applying units, application report, the basic information of the project applied for (see attachment 2 for details), and shall attach the relevant material together when applying for the project fund plan.

  Article 28 The Ministry of Foreign Trade and Economic Cooperation shall make public announcements of the specific contents of the project fund plan after the Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation have given a written reply concerning the project fund plan of the next year. Small-and medium-sized enterprises and project organizing units shall make relevant preparations according to the project fund plan replied by the foreign trade and economic departments and the financial departments.

  Article 29 Application for project implementation. Small-and medium-sized enterprises or project organizing units shall, according to the annual project fund plan replied, apply to the Small-and Medium-Sized Enterprise Office or to the local foreign trade and economic departments for project implementation 30 days before the implementation of the projects starts.

  Article 30 Small-and medium-sized enterprises or project organizing units shall submit the application for project implementation, explanations of project implementation (see attachment 3 for details), and shall attach the relevant material together when applying for project implementation.

  Article 31 The Ministry of Foreign Trade and Economic Cooperation or the local foreign trade and economic departments may directly examine and reply to the project implementation applications which are included in the annual project fund plan within 10 days, and send a copy to the financial departments at the same time.

  Article 32 The projects that apply for adjusting the contents of the project fund plan shall be reported to the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance for examination and approval after the Small-and Medium-Sized Office or the local foreign trade and economic departments (financial departments) have given their initial opinions.

  Article 33 For the projects that can't be completed according to the project fund plan within the year, the small-and medium-sized enterprises or project organizing units shall apply to the Small-and Medium-Sized Enterprise Office or the local foreign trade and economic departments for project termination or project application postponement which shall be examined and approved by the foreign trade and economic departments.

  Article 34 In case of enterprise project application, the funds given to each project shall not be more than 300,000 RMB at the most, in case of organization project application, the funds given to each project shall not be more than 3,000,000 RMB at the most.

  Chapter 8 Appropriation of the Funds

  Article 35 The market developing funds adopt the principle of appropriation afterwards, namely the small-and medium-sized enterprises or project organizing units shall apply to the Small-and Medium-Sized Enterprise Office or the local foreign trade and economic departments for project appropriation within 1 month after the project is completed.

  Article 36 The following material shall be submitted when applying for the appropriation of project funds:

  1. application form of project fund appropriation of international market developing funds of small-and medium-sized enterprises (see attachment 4 for details);

  2. project summing-up report of international market developing activities, the contents of which shall include: expenses, achievements obtained and the problems, etc;

  3. legal vouchers (the copies) of the expenses actually occurred.

  Article 37 The market developing funds shall, through the financial departments at all levels, gradually carry out the treasury central payment according to the requirements of budget reform and treasury central payment.

  Article 38 The Small-and Medium-Sized Enterprise Office shall make an initial examination to the applications for the project fund appropriation of the part for central use according to the annual project fund plan, and shall report them to the Ministry of Foreign Trade and Economic Cooperation after gathering and arranging the projects each quarter (three months). Among which, the project funds of central budget administrative units shall be directly appropriated after being examined by the Ministry of Finance, and the project funds of other units shall be appropriated after being examined by the Ministry of Foreign Trade and Economic Cooperation.

  Article 39 Local foreign trade and economic departments shall review the applications for project fund appropriation for local use according to the annual project fund plan, and report them to the local financial departments for fund appropriation after gathering and arranging the projects each quarter, and the local financial departments shall appropriate funds to the project organizing units or small-and medium-sized enterprises after examination.

  Chapter 9 Evaluation, Supervision and Inspection

  Article 40 The Ministry of Finance and the Ministry of Foreign Trade and Economic Cooperation shall jointly supervise and inspect the market developing funds. The contents of inspection shall include: the examination and approval of the projects and the implementation, the use of project funds and the financial management. The forms of inspection may be following the whole process of the projects, giving selective examination to the relevant material or entrusting intermediary agencies to conduct auditing, etc.

  Article 41 The foreign trade and economic departments and financial departments shall establish strict project examination and approval system and fund examination system, strengthen the inspection over projects and the evaluation of fund use effect, so as to guarantee the directional use of the funds and make the best the use of the funds.

  Article 42 Local foreign trade and economic departments and financial departments shall summarize and analyze the use of the market developing funds each year, and shall report to the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Finance before the end of March of the next year. Major projects (more than 1,000,000 RMB ) shall be specially reported to the Ministries within 45 days after the projects are completed.

  Article 43 The small-and medium-sized enterprises or project organizing units that use the market developing funds shall keep the relevant original bills and vouchers in good conditions for future reference according to the relevant financial provisions, and shall cooperate with and provide the relevant material to the foreign trade and economic departments and financial departments when the departments are making a special inspection.

  Chapter 10 Rules for Punishment

  Article 44 Any of the following acts is in violation of the provisions of the Measures for Administration and these Detailed Rules for Implementation:

  1. changing the use scope without authorization against the principles of market developing fund use;

  2. withholding, misappropriating or embezzling the market developing funds;

  3. using the funds for personal welfare, reward and consumer expenses or using the funds to make up the shortage of administrative funds;

  4. repeatedly applying for the same project;

  5. wangling the funds by using false material and vouchers;

  6. the project organizing units directly use the market developing funds to improve their own profits and economic efficiency; and

  7. other acts that violate the Measures for Administration, these Detailed Rules for Implementation and relevant laws and regulations of the state.

  Article 45 For the small-and medium-sized enterprises or project organizing units that have committed any of the acts mentioned above, the financial departments shall recover the project funds that have already been obtained by the enterprises and the units; the foreign trade and economic departments shall cancel their qualification for application, and shall prohibit them from applying for using the market developing funds for 5 years.

  Article 46 For those that have seriously violated the Measures for Administration and these Detailed Rules for Implementation, the foreign trade and economic departments and financial departments shall give administrative punishment to the person in charge of that project and to the persons held directly responsible, if a crime is constituted, the departments shall submit it to the judicial departments, and the criminal responsibilities shall be investigated into according to law.

  Article 47 If the Small-and Medium-Sized Enterprise Office or any local undertaking unit hasn't earnestly performed its functions and duties according to the provisions, the foreign trade and economic departments and financial departments shall make a notice to criticize them, and shall cancel the undertaking qualification of those whose circumstances are serious.

  Chapter 11 Supplementary Provisions

  Article 48 Necessary funds may be arranged from the market developing funds for central use and those for local use by the rate of less than 3% according to operation needs to pay the undertaking expenses and operation expenses to the undertaking units, consultation companies, evaluation companies, accounting firms and other intermediary agencies, so as to ensure the implementation of the evaluation, proving and auditing of the projects using the market developing funds, and to strengthen the supervision and administration of the project funds.

  Article 49 Local foreign trade and economic departments and financial departments may formulate the specific measures for implementation of the market developing funds of their own according to the requirements of the Measures for Administration and these Detailed Rules for Implementation and taking the actual circumstances into consideration.

  Article 50 The power to interpret these Detailed Rules for Implementation shall remain with the Ministry of Foreign Trade and Economic Cooperation jointly with the Ministry of Finance.

  Article 51 These Detailed Rules for Implementation shall come into force as of the date of promulgation.

  Attachment:

  1. Explanation of the contents supported by the international market developing funds of small-and medium-sized enterprises (omitted)

  2. Application form of project fund plan of the international market developing funds of small-and medium-sized enterprises (omitted)

  3. Application form of project implementation of the international market developing funds of small-and medium-sized enterprises (omitted)

  4. Application form of project fund appropriation of the international market developing funds of small-and medium-sized enterprises (omitted)

  5. List of the countries of Latin America, Africa, Middle East, East European and South-East Asia (omitted)

  6. List of certification agencies (omitted)

  7. List of central enterprises (omitted)

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