Laws of the People's Republic of China

Measures for the Administration of Holding Exhibitions by the Ministry of Commerce (for Trial Implementation) Part I General Provisions

1.

In order to enhance the uniform and standard management, organization and coordination of the work of holding exhibitions by the Ministry of Commerce, the present Measures are instituted according to the principles of scientific planning, giving prominence to the key points and giving full play to resources superiority.

2.

Where the Ministry of Commerce holds exhibitions, it shall take the scientific view of development as guidance, integrate the resources superiority, perfect the management rules and operational mechanisms, enhance the planning and coordination, promote international economic and trade exchange and cooperation, expand commodity circulation and consumption, and enhance industrial development and the of local economies development.

3.

"Exhibition" as mentioned herein means such fairs on economic and technological trade or investment as expositions, exhibitions, negotiation fairs, trade fairs, purchase fairs, etc.

"The work of holding exhibitions by the Ministry of Commerce" as mentioned herein means such work as the internal examination and approval, management and evaluation on the exhibitions sponsored, partly sponsored, assisted or supported by the Ministry of Commerce.

4.

The exhibitions held by the Ministry of Commerce shall be in line with the commercial business development planning and the orientation and priorities of the work of the Ministry of Commerce.

5.

The Ministry of Commerce shall carry on classified management in respect of exhibitions according to the importance of all exhibitions in respect of promoting the development of national economy and commercial affairs by following the principles of concentrating resources, reasonable layout, coordinated development and market-orientation.

6.

The Ministry of Commerce may not hold more than one exhibition in one province, autonomous region, municipality directly under the Central Government or a city at deputy provincial level except the exhibitions that adopt the application system. The existing provinces and cities in which the Ministry of Commerce may hold exhibitions shall stay the same.

In examining and approving the newly added exhibitions held by the Ministry of Commerce, on an equal footing, the Midwest and the old industrial bases of the Northeast shall be given priority.

The time and content arrangement of the newly added exhibitions may not overlap those of the existing exhibitions of the Ministry of Commerce.

Part II Standards for the Exhibition Classification

7.

"A key development exhibition" means a nationwide exhibition that is solely sponsored by the Ministry of Commerce or of which the Ministry of Commerce is the first sponsor and has significant influence on national economy and the commercial work development. We hereby notify the specific standards as follows:

(1)

it shall play an important part and have great significance in the promotion of the nationwide economic development, cooperate with the carrying out of important state strategies, or cooperate with the bilateral or multilateral work in respect of diplomatic affairs or foreign trade;

(2)

it shall be a nationwide, comprehensive or relatively more professional exhibition, the domestic exhibitors shall come from more than half of the provinces (regions, cities) of the whole country, and the proportion of its exhibition booth shall be at or above 30%; the major industries involved in a comprehensive exhibition shall be at least three, and the number of professional audience shall be at least 50% of the total number of audience; the total number of professional audience of a professional exhibition shall be at least 90% of the total number of audience; with regard to a foreign-related exhibition, the number of overseas audience shall be at least 30% of the total number of audience;

(3)

the exhibition area of a comprehensive exhibition shall be at least 30,000 square meters; that of a professional exhibition shall be at least 20,000 square meters; and the proportion of the specially furnished exhibition area shall be at or above 40%;

(4)

the exhibitions other than those initiated and held by the Ministry of Commerce shall have been held successively for at least 3 sessions.

8.

"An exhibition partly sponsored by the Ministry of Commerce" means a nationwide or regional exhibition that has significant influence on the promotion of the development of national economy and commercial work. A foreign-related exhibition shall be mainly sponsored by the provincial people's government, the related department under the State Council or any other entity at or above the deputy-ministerial level, and of which, the Ministry of Commerce acts as a joint sponsor; a non-foreign exhibition shall be mainly sponsored by the provincial people's government, the related department under the State Council, any other entity at or above the deputy-ministerial level or a nationwide trade organization or non-governmental organization, and of which, the Ministry of Commerce acts as a joint sponsor. We hereby notify the specific standards as follows:

(1)

it shall play an important part and have great significance in the promotion of nationwide or regional economic development;

(2)

there shall be the planning in respect of market-orientation and professional operation in its overall scheme;

(3)

its domestic exhibitors shall come from at least 1/3 of the provinces (regions, cities) of the whole country, its exhibition booth proportion shall reach at least 20%; the major industries engaged in a comprehensive exhibition shall be at least 3 , and the number of professional audience shall be at least 40% of the total number of audience; the total number of professional audience of a professional exhibition shall be at least 70% of the total number of audience; with regard to a foreign-related exhibition, the number of overseas audience shall be at least 20% of the total number of audience;

(4)

its exhibition area shall be at least 20,000 square meters; and the proportion of the specially furnished exhibition area shall be at or above 30%.

9.

"A supporting and guiding exhibition" mainly means an industrial or local exhibition that plays a positive part in industrial and regional economic development and has relatively more developing potential. A foreign-related exhibition shall be mainly sponsored by the provincial people's government, the related department under the State Council or any other entity at or above the deputy-ministerial level, and of which, the Ministry of Commerce acts as an assisting or supporting entity; a non-foreign exhibition shall be mainly sponsored by the provincial people's government, the related department under the State Council, any other entity at or above the deputy-ministerial level or a nationwide trade organization or non-governmental organization, and of which, the Ministry of Commerce acts as an assisting or supporting entity. We hereby notify the specific standards as follows:

(1)

it shall be beneficial for expanding consumption and enhancing economic growth, for economic restructuring and industrial optimization and upgrading, it shall have great influence within the industry and have good momentum for growth, and it shall play a positive part in the promotion of the major industries and regional economy development;

(2)

with regard to a foreign-related exhibition, the proportion of the number of professional audience to the total number of audience shall be at least 40%, while the number of overseas audience shall be at least 1% of the total number of audience;

(3)

its exhibition area shall be at least 10,000 square meters; and the proportion of the specially furnished exhibition area shall be at or above 20%.

Part III Examination and Approval and Holding

10.

Except that the exhibitions which have been held for a long time, and whose organization and holding mode is mature enough and which have great influence at home and abroad shall continue to use the original holding mode, with regard to a key development exhibition which is suitable for the application system or two or more applicant entities have advised to hold an exhibition similar to it in content, the application system may apply.

11.

An applicant entity for a newly added exhibition shall lodge the application with the Ministry of Commerce one year beforehand.

12.

The related industries of the holding place shall be relatively more developed and its market share shall be relatively more.

13.

An exhibition applicant entity shall have the experience of successfully holding international or nationwide large-scale exhibiting activities, have a special organ for organizing and coordinating commercial activities, have related expenses for advertising, publicity, inviting investment and exhibitors, reception, services and other items necessary for holding a commercial activity; and shall be capable of satisfying the requirements of the participants on recommendation, reception, security and means of transportation, etc.

14.

The feasibility of an exhibition shall be sufficiently demonstrated and the opinions of the related departments under the State Council and the industrial businessmen association shall be solicited; as regards an exhibition held jointly with an overseas institution or international organization, the opinions of the competent department of trade and economy or the industrial association of the related country (region) shall be solicited beforehand.

15.

An applicant entity for holding an exhibition shall supply the materials as follows:

(1)

application letter;

(2)

feasibility study report of the exhibition;

(3)

overall working scheme of the exhibition;

(4)

scheme for the invitation of the investment and exhibitors;

(5)

emergency plan;

(6)

plan for the protection of the intellectual property rights of the exhibits;

(7)

opinions of the related departments under the State Council and the association of industrial businessmen;

(8)

as regards an exhibition sponsored jointly with an overseas institution or international organization, the opinions of the business office stationed abroad of the related country (region) shall be provided;

(9)

summarization of the last session of the exhibition; and

(10)

proceeding of the last session of the exhibition.

Where the exhibition is to be held for the first time, it may not provide the materials listed in Item (9) and Item (10).

16.

After receiving the above-mentioned materials, the Ministry of Commerce shall investigate, evaluate and determine the holding entity of an exhibition; classify the exhibitions that meet the holding conditions subject to the standards for classification, determine the leading sponsor department or bureau in terms of the nature of the exhibition and report it to the leaders of the Ministry for approval.

17.

In case a key development exhibition is held at the Midwest or the old industrial bases of the Northeast, the Ministry of Commerce may provide certain support for such work of the exhibition as publicity or inviting investment and exhibitors.

18.

In case an exhibition partly is sponsored by the Ministry of Commerce, the Ministry of Commerce may, after taking part in the sponsorship of the exhibition for three to five consecutive years, exit the sponsorship. In case the exhibition needs continual support from the Ministry of Commerce, the business promoting institution subordinated to the Ministry of Commerce may play as a sponsor, assisting or supporting entity of the exhibition.

19.

As regards other local, commercial exhibitions and the exhibitions not engaging in any business of the Ministry of Commerce, the Ministry of Commerce shall, in principle, terminate acting as a holding entity; where under any special situation, it is necessary to bring the Ministry of Commerce in, the entity of centralized management shall study the situation with the related departments and bureaus and report it to the leaders of the Ministry for approval.

As regards an exhibition held jointly with an overseas institution or international organization, the Ministry of Commerce shall, in principle, not act as a holding entity.

Part IV Evaluation and Supervision

20.

Within one month after an exhibition closes, the leading sponsor shall report the summary report in respect of the exhibition, including the scale of the exhibition, number of the exhibitors, major participating entities and personnel and the effect of the exhibition, etc, to the Ministry leaders and send a copy of the report to the entity of centralized management.

21.

The entities of centralized management shall, in conjunction with the related departments and bureaus, put forward general evaluation opinions on the effect of exhibitions according to the Evaluation Standards in respect of the Exhibitions Held by the Ministry of Commerce.

22.

At the end of each year, the entities of centralized management shall summarize the situation in respect of the exhibitions held by the Ministry of Commerce through the whole year.

23.

The discipline inspection and supervision department of the Ministry of Commerce shall take charge of supervising the related situation in respect of holding exhibitions.

24.

As regards the safety work of an exhibition, the principle of geographical jurisdiction shall apply. The people's government of the jointly holding place shall be the first person in charge of the safety work of the exhibition. The leading sponsor and the personnel department within the Ministry shall be in charge of contacting the security department of the local sponsor of the exhibition to provide specific guidance for, supervise and manage the safety work of the exhibition.

Part V Post-Holding and Presence of the Leaders of the Ministry

25.

As regards an exhibition jointly held with a foreign government institution, subject to the principle of reciprocity in foreign affairs, the leaders of the Ministry may be recommended to assume the leading posts in the organizing committee of the exhibition according to the post-holding situation of the foreign party.

As regards an exhibition in which the leaders of the Central Committee of the Party or the State Council hold posts, the leaders of the Ministry may be recommended to assume the related posts in the organizing committee of the exhibition.

As regards the other exhibitions, the leaders of the Ministry may, in principle, not assume the related posts of the organizing committee except the key development exhibitions. If it is really necessary, a leader in charge may hold a related post according to the specific situation, the leading sponsor shall set forth an opinion thereon, which shall be co-signed by the General Office and the entity of centralized management, and then report it to the Ministry leaders for approval.

26.

As regards a key development exhibition, the Ministry leaders of Commerce may be present at the related activities; as regards an exhibition partly sponsored by the Ministry of Commerce, the leaders of the Ministry of Commerce may be present at the related activities in light of the specific situation. Except these, the Ministry leaders of Commerce shall, in principle, not be present at the activities of any other exhibition. Where it is really necessary to have the leaders of the Ministry to be present, the leading sponsor shall put forward an opinion thereon, which shall be co-signed by the General Office and the entity of centralized management, and then report it to the leaders of the Ministry for approval.

Part VI Miscellaneous

27.

Any department or bureau of the Ministry of Commerce may not hold or take part in any class of exhibition in the name of the Ministry of Commerce.

28.

Any entity directly under the Ministry of Commerce (including the chamber of commerce, association and society) may not hold any class of exhibition in the name of the Ministry of Commerce.

29.

The present Measures shall enter into force as of January 1st, 2007.