Foreign Contracted Engineering Projects Bidding (Bidding) Management

Original Language Title: 对外承包工程项目投标(议标)管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362020.shtml

Foreign contracted engineering projects bidding (bidding) management

    (December 7, 2011 Ministry of Commerce, China Banking Regulatory Commission and China insurance regulatory Commission order [2011] the 3rd release from January 15, 2012) Chapter I General provisions

    First to strengthen the contracting project bid (bids) to approve the management, regulating foreign contracted engineering projects bidding (bidding) activities and protect foreign contracting projects of economic and social benefits, promote the healthy development of foreign contracted projects, according to the overseas project contracting regulations and the State Council to set administrative administrative examination and approval items really necessary to be retained licensing decision, these measures are formulated.

    Article shall obtain the qualification of foreign contracted projects by enterprises or other units (hereinafter referred to as units) by tender or contract the contract bidding quotation amount not less than $ 5 million in overseas construction projects, should be in foreign tenders or bids in accordance with the provisions of these measures before foreign contracted engineering projects bidding (bidding) approved (hereinafter referred to as foreign contracted projects approved).

    Article foreign contracted projects in these measures refers to the construction of China's contracted overseas projects, including consultation, investigation, design, supervision and tendering, cost, procurement, construction, installation, commissioning, operation, management and other activities.

Fourth article of Commerce for foreign contracted projects approved.

    Department of Commerce to establish foreign database system for management of engineering project contracting contracting foreign projects approved. Article fifth foreign contracted projects are encouraged to use the Yuan-denominated settlement handled, apply for financing, guarantees and other services.

    These transactions should be carried out in conformity with the regulation on cross-border RMB trade settlement pilot and other relevant provisions.

    Chapter II foreign contracted projects approved

Article sixth overseas project contracting units shall be approved foreign contracted projects database system applications for foreign contracted projects for approval.

Applications for approval should provide the following materials:

(A) description of the project;

(B) Chinese embassies in host country (consulates) opinions issued by economic and commercial institutions;

(C) the opinion issued by the Chamber of Commerce;

    (D) the need for domestic financial institutions to provide credit or credit insurance projects, required the reloans issued by or submitted to domestic financial institutions underwriting the letter of intent. Article seventh Chinese Embassy in the country of the project (Consulate) in overseas project contracting units of the business upon application in accordance with paragraph one of this article sixth approved foreign contracted projects provide clear views of the database system.

    Chinese Embassy in the host country (consulates) and commercial institutions in the comments should be considered foreign trade, national security risks, project environmental protection and may involve the interests of many countries, as well as business case submissions and projects, and emergency services personnel, and so on. Article Eighth Chamber of Commerce should be Chinese Embassy in the country of the project (Consulate) business advice issued by approved foreign contracted projects provide clear views of the database system.

    Comments from relevant chambers of Commerce should consider the enterprise competition and self-discipline of the situation. Nineth are received by the Ministry of Commerce of the way sixth complete material provided for in the second paragraph of article be reviewed within 3 business days of the date.

    Eligible, be approved online, and issued to the applicant of the foreign project contracting bids (bids) approved certificate (hereinafter certificate of approval).

Article tenth has any of the following circumstances, not for foreign contracted projects approved:

(A) units to apply for Commerce Department or other departments to suspend foreign contracting projects or related business of punishment has not lapsed;

(B) within 3 years before the application for approval as a result of foreign contracted projects do not standardize operation behavior, or big mistake for China and host countries bilateral relations and economic and trade cooperation have serious implications;

(C) within 3 years before the application for approval to bid on contracting foreign projects (bids) on behalf of the Chinese Government or financial institutions without authorization when foreign financing;

(D) within 2 years before the application for approval is not required to report to the competent Commerce departments to carry out contracted projects, or not in accordance with the regulations to the relevant departments submitted business statistics;

(E) within 3 years before the application for approval of non-compliance with the overseas Chinese-funded enterprises and personnel safety regulations and cause major accidents;

(F) within 2 years before the application for approval is not required under the foreign engineering contract management regulations to the Chinese Embassy in the State in which the project (Consulate) report on project contracts concluded or do not accept the Embassy (Consulate) in emergency preparedness, quality, safety and expatriate protection guidance;

    (VII) applications approved within the first 3 years for deception, bribery or other improper means to obtain the permit was approved by the Ministry of Commerce to withdraw.

    Chapter III supervision and management

    11th approval of the foreign project contracting units, may also apply to domestic financial institutions on relevant guarantees, credit or credit insurance, applications from domestic financial institutions or credit guarantees, credit insurance, shall be submitted to the approval of certificates and other related documents.

    Territory of the 12th financial institution may not pursuant to these rules shall apply to contracting foreign projects approved by the open letter, the provision of credit or credit insurance.

13th approval of the foreign project contracting units shall bid within 10 working days after the results are announced, foreign contracting projects reporting evaluation results on the database system.

    Winner shall start on database system for foreign contracted projects each month after completing the progress made in the implementation of the project, until the foreign engineering contract projects contract terminated.

    The fourth chapter legal liability

14th units applied for foreign contracted projects approved under section concealed relevant information or forged certificate, submit false information, Commerce Department not to approve and give a warning and order them to correct serious or it refuses, penalty of between 30,000 and can be mainly responsible for the penalty of between 10,000 yuan. Application foreign contracting project approved of units to cheat, and bribery, not due means made approved card of, by Commerce revoked approved, and give warning, at 30,000 yuan following fine; and can on its main head at 10,000 yuan following fine; occurred foreign contracting Engineering Management Ordinance 25th article, and 26th article provides case of, by business competent sector according to foreign contracting Engineering Management Ordinance 25th article, and

    Article 26th during a certain period against outsourcing new projects until the contracted projects certificates were revoked. 15th overseas project Contracting unit was not approved in accordance with the provisions of foreign contracted projects in these measures, the Ministry warned, fined a maximum of 30,000 yuan and can be mainly responsible for the penalty of between 10,000 yuan; the foreign project contracting regulations of the 25th and 26th articles, by the Department of Commerce under the foreign Engineering Contract Management Ordinance 25th,

    Article 26th during a certain period against outsourcing new projects until the contracted projects certificates were revoked.

    16th Ministry of Commerce and the Chinese Embassy in the host country (consulates) and commercial institutions, chambers of Commerce staff in handling foreign contracted projects approved, issue opinions, dereliction of duty, favoritism or abuse, to constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

    17th financial institution in violation of the rules for foreign project contracting units open letter of guarantee, the provision of credit or credit insurance, China Banking Regulatory Commission and China insurance regulatory Commission in accordance with the relevant financial supervision and regulation of the laws, regulations and rules are punished.

    The fifth chapter by-laws

    Article 18th uniformly printed by the Ministry of Commerce of the authorizations.

    19th units in mainland China in Hong Kong S.A.R., and Macau S.A.R. and Taiwan contracted engineering projects bidding (bidding) management, in accordance with the measures of the regulations.

    20th, large machinery and equipment exports of electromechanical products, these procedures do not apply.

    21st article this referred to "not less than" and "lower" are included in this figure.

    22nd article this approach by the Ministry of Commerce, China Banking Regulatory Commission and China insurance regulatory Commission is responsible for the interpretation. 23rd article this way since January 15, 2012. Foreign trade economic cooperation Department people's Bank of China on issued straddling foreign contracting project bid (on the standard) license provisional approach of notification ([1999] outside trade collection sent No. 699,), and foreign trade economic cooperation Department people's Bank of China Treasury on issued straddling foreign contracting project bid (on the standard) license provisional approach added provides of notification (outside trade collection sent [2001]285,) and Commerce people's Bank of China Treasury on Straddling Foreign contracted engineering projects bidding (bidding) supplementary provisions on interim measures for the license notice (shanghe [2005]20) repealed simultaneously.