Announcement No. fifty-fifth of the Ministry of Commerce on the tendering qualification of magnesia and talc export quota for 2016 in 2015
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[publishing unit] Ministry of Commerce of People's Republic of China
[announcement] Announcement No. fifty-fifth 2015
[release date] 2015-11-4
In order to protect resources and environment, reduce pollution and energy consumption, and improve the effective utilization rate of resources, according to the relevant provisions of the Measures for Bidding Export Commodities Quota and the Detailed Rules for the Implementation of Bidding for Export Quota of Industrial Products of the Ministry of Commerce, the relevant matters concerning the bidding for export quota of some industrial products in 2016 are announced as follows:
1. Tender commodities
Magnesia and talc (catalogue of commodity tax numbers are shown in Annex 1).
Two, bidding time
From November 2015, the Export Commodity Quota Bidding Committee of the Ministry of Commerce (hereinafter referred to as the Bidding Committee) will conduct a quota bidding for the tendered commodities. The announcement of specific commodities will be published on the website of the Ministry of Commerce and on the Internet of China's International E-commerce.
Three, 2016, magnesia and talc export quotas bidding standards for enterprises
(1) the export quota of magnesia and talc shall be subject to the following criteria:
1. To obtain the qualification of import and export operation, to register with foreign trade operators or to obtain the approval certificate of foreign-invested enterprises, and to be an independent legal person, the scope of business of foreign-invested enterprises shall include corresponding commodity export business.
2. Manufacturing enterprises have environmental protection facilities suitable for production scale, and the pollutant discharge meets the relevant national or local pollutant discharge standards.
3. Comply with the relevant laws and regulations of the state and the relevant regulations of the local government, and participate in various social insurance such as old-age pension, unemployment, medical treatment, work-related injuries and childbirth according to law.
4. the raw materials for production enterprises need to come from the mining enterprises with legitimate mining qualifications.
5. The goods purchased by the circulation enterprises must come from the products supplied by the production enterprises that meet the requirements of the above-mentioned paragraphs 2, 3 and 4.
6.2012-2014 did not violate the relevant laws and regulations of the state.
(two) in addition to the above criteria, bidding enterprises must meet the following criteria:
1. magnesia sand.
(1) calcined magnesium.
(1) the average export volume of circulation enterprises reached 3000 tons in 2012-2014 years.
(2) The average export volume of production enterprises reached 3000 tons in 2012-2014, or the annual export supply volume reached 8000 tons, or the export volume reached 1000 tons in 2014.
(2) other mineral products with Magnesium Oxide content above 70% (or above).
The average export volume of circulation enterprises reached 500 tons in 2012-2014 years.
2. The average export volume of production enterprises has reached 300 tons in 2012-2014 years.
(3) brucite not calcined.
The average export volume reached 100 tons (or 20000 tons per year) in 2012-2014 years.
(4) mixtures containing more than 70% of Magnesium Oxide.
Export performance has been achieved in 2012-2014 years.
2. talc block (powder).
(1) the average export volume of circulation enterprises reached 2012-2014 tons in 2012-2014 years.
(2) The average export volume of production enterprises in 2012-2014 reached 500 tons or the average export supply volume reached 2000 tons.
The quantity of the export commodities for all the above tender commodities does not include the number of self Exported enterprises. The quantity of export shall be based on customs statistics, and export supply shall be subject to qualification examination results.
4. In order to promote the rational and effective use of export quotas for tendered commodities, enterprises that meet the following requirements are allowed to transfer the relevant commodity export performance and unused export quotas in 2016 in one lump sum:
(1) several cases of allowing merger and transfer.
1., the original enterprise changed its name and changed its system.
2. merger and transfer between group companies and subsidiaries.
3. merger and transfer between subsidiaries belonging to one group.
4. merger and transfer between mutual shareholding enterprises.
5. the merger and transfer between the enterprises after the merger and acquisition of the commodity assets.
(two) conditions for enterprises to meet.
1. The transferee shall conform to the qualification standards of the tendering and bidding enterprises for commodity export quotas (except the terms of export performance and supply performance).
2. the transferring enterprise shall have the bid qualification in the tendering for 2015.
3. For the 2nd and 3rd cases of the 4th (1st) Section, the holding ratio of the group company to the subsidiary company shall not be less than 50%; for the 4th case, the proportion of the transferee enterprise to the transferee enterprise shall not be less than 50%.
(three) documents to be provided by an enterprise.
1. documents issued by the provincial competent commerce department at the locality of the application for merger and transfer.
2. In the first case of Article 4 (1), the applicant enterprise shall provide the approval document for the restructuring of the enterprise issued by the competent government department and the industrial and commercial certificate for the change of its name.
For the 2nd, 3rd and 4th cases of the 4th (1) Article, the applicant enterprise shall provide the certificate documents of the mutual subordination, the composition of shares and the holding of shares by mutual participation.
In the fifth case of the fourth (1) Article, the applicant enterprise shall provide the capital contribution and capital verification report of the enterprise issued by the accounting firm for the merger and acquisition of the tendered commodity operating assets, and the agreement between the enterprises for the merger and acquisition of the assets.
3. The transferor and the transferee must sign a written agreement between the two parties to transfer the export performance and unused quota in the current year. The agreement shall specify the reasons for the merger and transfer and the grantor's waiver of the tender qualification, export performance and unused export quotas for the tendered commodities, and state that it will no longer engage in the actual export business of the tendered commodities, and will no longer pursue and realize the relevant rights and interests. The agreement shall be signed and sealed jointly by both parties.
4. The above-mentioned documents must be provided to the original bidding office before the preliminary examination and returned to the enterprise after the copy of the bidding office.
(4) Upon completion of the transfer of the merger, the transferor waives all the rights and interests related to the performance, and the transferee may apply for tender qualification on the basis of the merged performance. Since then, the tender committee has no longer accepted the re split of the company's consolidated performance.
Tendering and bidding qualification examination procedures in five and 2016
(1) material declaration.
1. The competent commerce departments of the provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans and Xinjiang Production and Construction Corps (hereinafter referred to as the competent commerce departments of various localities) are responsible for receiving and summarizing the bidding qualifications declaration materials submitted by local enterprises. The bid qualification declaration materials of the central management enterprises shall be collected and collected by the bidding office.
2. Any enterprise that meets the qualification standard of magnesia and talc export quota bidding enterprise can apply for qualification examination.
3. the competent commercial departments and tendering offices shall receive the materials for bidding qualification according to the following requirements:
(1) organize the enterprises in the region to fill in the application form for application for bidding enterprises (Annex 2). The competent departments in charge of Commerce shall review the bidding offices.
(2) application enterprises need to provide:
(1) Application for a copy of the business license of an enterprise as a legal person, the Foreign Trade Operator's Registration Form for Record, the Import and Export Enterprise's Qualification Certificate of the People's Republic of China, or the Approval Certificate of a Foreign-funded Enterprise with the seal of the registration.
(2) Relevant certificates issued by the local social security department of human resources that have paid all kinds of social insurance premiums for the aged, unemployed, medical, work-related injuries and childbirth in full and on time;
3. The pollutant discharge permit issued by the environmental protection department;
(4) legal exploitation certificate of magnesia and talc products.
_Circulation enterprises need to provide relevant certification materials that the supplier meets the requirements of clauses 2, 3 and 4, and at the same time provide VAT invoices for purchases and proxy export certificates.
All the materials must be made.