Foreign Aid Project Management Approach

Original Language Title: 对外援助物资项目管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349579.shtml

Foreign aid project management approach

    (May 30, 2011 Commerce Department 2011 of 1th July 15, 2011) Chapter I General provisions

    First to strengthen the management of external aid projects to ensure project quality and improve aid effectiveness, adapt to establish government procurement system of foreign aid work requirements pursuant to the relevant laws and administrative regulations, these measures are formulated.

    Article II foreign aid projects in these measures (hereinafter referred to as aid supplies), refers to the Chinese Government for aid, interest-free or low-interest loans and other special assistance funds under the enterprise selected by the Chinese Government to provide recipient countries production and living materials project.

Article of Commerce for foreign aid material and project supervision and management and related financial management, dealing with Intergovernmental Affairs, and delegate to the relevant bodies (hereinafter referred to as fiduciary management) to manage foreign aid supplies concrete implementation of the project.

Embassy (Consulate) of economic and commercial institutions to help handle the related Intergovernmental Affairs Ministry of Commerce, is responsible for foreign aid material outside supervision and management of project implementation.

    Provinces, autonomous regions, municipalities, separately listed cities and Xinjiang production and construction Corps business departments (hereinafter referred to as the provincial departments in charge of Commerce) in accordance with the principle of territorial management, take aid supplies project assigned by the Ministry of Commerce in the implementation of the specific transaction.

Fourth article bear care material project implementation task and feasibility research task, and distribution single task, and supply task, and goods generation service task of enterprise or units, according to this approach provides and contract agreed, is responsible for project group goods and shipped to recipient country specified locations or provides feasibility research, and distribution single, and supply, and goods generation service, shall not will by bear of care material project task turned by other enterprise or units implementation.

    Taking aid supplies project related tasks or units and associated personnel shall abide by the laws of China and the recipient countries, respect the customs of the recipient countries.

    Article fifth aid supplies project-related tasks of the enterprise or unit shall be established in accordance with the relevant provisions of goods, service quality management system, clear responsibility for the quality, strengthening quality supervision and management, and improve the level of quality.

    Sixth aid supplies project funding should be in accordance with the relevant financial systems requirements, earmarks, and accounted for separately, no unit or individual may, on any grounds for other purposes.

    Chapter II delivery guidelines

    Article seventh Ministry of Commerce to develop and publish the catalogue for the guidance of foreign aid supply (hereinafter referred to as the guiding catalogue), foreign aid will be used to guide the project, supply material inventory, supplier selection project management work.

Article eighth foreign aid supplies project the supplied goods shall meet the technical maturity, excellent quality, reasonable application requirements, and in accordance with the relevant provisions of the law on government procurement.

    China's relevant laws and regulations prohibit the export of goods and China conclude or participate in the provisions of international treaties or agreements prohibiting the export of goods, shall not be included in the aid supplies project's scope of supply.

    Nineth Department of Commerce according to the principles set out in article eighth, determined to enter the catalogue for the guidance of the variety of goods.

    Tenth article of commerce based on the quality of products, exports, market share and brand recognition and other factors, determine the supply of the goods listed in the catalogue for the guidance of business directory.

    Chapter III project

    11th foreign aid supplies project should help recipient countries to improve the capability of independent development, promote economic development and social progress of recipient countries, to respond to natural disasters and humanitarian crises, enhance the friendship between people of China and recipient countries and cooperation.

    12th according to the requirements of recipient countries, or the actual demand, the Ministry of Commerce started project feasibility studies aid supplies.

13th Ministry of commerce within the unit shall satisfy the following conditions determine the feasibility study through bidding units list:

(A) in accordance with the People's Republic of China Law on legal persons established within the territory of China;

(B) is commensurate with the size and complexity of the project economic, technology and other professionals;

(C) almost 2 years engaged in a consulting or implementation of activities related to project involves goods;

(D) almost 2 years did not take aid supplies within the project feasibility study, distribution, review, implement or supply tasks have received administrative punishment. Through feasibility studies aid supplies project feasibility studies selected in the unit list of units.

    Feasibility study units, and should address the needs of recipient countries, according to the catalogue for the guidance, in accordance with the measures article 11th as well as the scientific and objective principles of preparation of the outcome of the feasibility study (intended for containing goods list), to the Ministry of Commerce of the feasibility of the proposed project.

    14th for the recipient countries of the catalogue for the guidance of the special requirements other than the goods, the Ministry of Commerce for the goods should be added to the project feasibility study of thematic policy assessment and technology assessment, and based on the results of assessment and evaluation to decide whether providing.

15th technical complex or highly specialized items, the Commerce Department can increase site visits in the feasibility study links, in a complete, accurate picture of the recipient country needs and gather technical information needed in the preparation of feasibility studies outcome. Commerce unit entrusted with the feasibility studies or Embassy (Consulate) of economic and commercial institutions for field trips.

    Department of Commerce or the commissioned management authority may send personnel to participate in the investigation.

16th Ministry of Commerce according to the project feasibility study will determine whether the project or project proposals to the State Council.

    After the project is approved, on behalf of the Chinese Government with representatives of the Governments of recipient countries to sign the project agreement.

    The fourth chapter with single

17th foreign aid supplies project with single refers to preparing aid supplies project inventory, goods prices and project estimates, and provided with a single report on the work of the economic and technical advisory activities.

MOFCOM shall have the following units within the scope determined by tender with a single unit list:

(A) with 3 or more persons with the size and complexity of the project adapt, familiar with foreign aid supplies project management system in economy, technology and other professionals;

(B) article 13th of this approach (a), (c) and (d) the conditions laid down.

    Entrusted agency with a single take aid supplies project selected in the unit list of units with a single task.

    18th with a single unit should be based on foreign aid supplies project intergovernmental agreement, based on the outcome of the feasibility study of the project, in accordance with the guidelines and the list of these measures under article eighth principle of supply.

    19th not covered under this section of the catalogue for the guidance of the article 14th and the feasibility study results in material goods project intergovernmental agreement for foreign aid, with a single unit shall, in accordance with article tenth principle in these measures recommend 3-6 supply companies, and submitted to the trustee agencies.

    20th with a single unit supply list should be the accuracy of the content and applicability are responsible for, shall not be prior to enterprises involved in foreign aid supplies project procurement leaked supply list, or collude with suppliers to seek illegitimate interests, are not allowed to specify or disguised form of specifying a single source products.

21st entrusted Agency to supply list for review, submitted to the corresponding institutions in recipient countries officially confirmed.

    Without the approval of the Ministry of Commerce, no unit or individual shall not alter the supply list the type, quantity and main technical parameters.

    The fifth chapter project and procurement methods

22nd foreign aid supplies project is divided into the following two categories:

(A) the relatively more goods, items cannot be manufactured by the same company;

    (B) the variety of goods in a single, items that can be manufactured by the same company.

Article 23rd foreign aid supplies project procurement methods including tendering, competitive negotiations and single source procurement.

Aid supplies project bidding, including public bidding and inviting tenders in two forms.

Aid supplies project public bidding, is entrusted with the authority to pass aid supplies project tenders website (hereinafter referred to as the tender private network) release project bidding information, allows all eligible enterprises participate in the tender bid.

Aid supplies project invitation to bid, refers to the entrusted Agency of private network project tenders information through public bidding, according to prequalification conditions and procedure, invited at least 3 companies participating in bidding of tenders.

Aid supplies project competitive negotiation, refers to the entrusted Agency of the corresponding conditions of enterprises identified in at least 2 companies, determined by the review, negotiation process successful enterprise purchase.

    Material on the single source procurement for foreign aid, refers to the entrusted Agency of only candidates shall be determined in accordance with the measures, negotiated the successful enterprise and the substance of the contract of purchase. Article 24th of this article 22nd subparagraph (a) provides project, entrusted with the administrative agency shall have corresponding foreign aid supplies to the project implementation within the framework of the enterprise, enterprises selected through public bidding the selected item.

Meet one of the following situations, through competitive negotiations above merit selected item within the enterprise-wide implementation of an enterprise:

(A) served on the tender prior to the deadline of the tender documents, valid only 2 bidders;

    (B) the time required for using the tender does not meet the project needs.

25th article this article 22nd (b) provides project, implemented by the entrusted organization. Entrusted Agency shall set out in the catalogue for the guidance of supply business directory or 19th determining supplier firms within the scope of these measures, through competitive negotiations preferred suppliers for the selected item.

Procurement of goods for construction machinery, vehicles and other technical complex or highly specialized goods, during the enterprise-wide, selected through bidding suppliers for the selected item.

    Selected project suppliers have appropriate aid supplies project implementation business qualifications, entrusted with the management of the project can be referred to supply enterprises.

26th projects under the following circumstances, single source procurement methods can be used:

(A) of this article 22nd paragraph (b) of projects, and only 1 eligible enterprises;

(B) use of tenders and competitive negotiation procurement, served on the tender prior to the deadline of the tender documents, tender or participate effectively in negotiations of the enterprise competition there is only 1;
(C) need to be implemented by the project company or supplier firms continue to offer related products or services, or affect the features supporting the requirements of, or increased for goods smaller, not more than the amount of the original contract amount 10% (shall not exceed a maximum of 1 million yuan);

(Iv) involved in emergency rescue and disaster relief, emergency and urgent projects, cannot be organized as normal tendering and competitive negotiation;

    (E) external work of special needs.

    27th Ministry of Commerce through tender or RFQ to determine foreign aid supplies project Protocol directory of freight forwarding services of enterprises for a long time.

28th projects involving State trading goods, the authorized State trading enterprises are responsible for project implementation.

Before the implementation of these measures to the specific goods of national continuity provide a specific description of project approval, can be implemented by the enterprises to continue to implement the project.

    Complete foreign aid projects and technical cooperation projects that are associated with aid supplies project, not by the complete foreign aid projects and enterprise implementation of technical cooperation projects may affect implementation of the project approval, implementation of projects can be implemented by the enterprises.

    The sixth chapter the purchase

Article 29th entrusted agency responsible for organizing the material procurement for foreign aid.

    Ministry of Commerce is responsible for the oversight of aid supplies project procurement organization.

    30th Ministry of Commerce to form and manage foreign aid supplies project evaluation experts (hereinafter expert). 31st trustee agencies in the Organization of foreign aid supplies project tenders and competitive negotiations, should randomly from the evaluation experts expert review Committee of experts undertake review work.

Expert professional categories not covered by the project, the review by the Ministry of Commerce decided to.

Trustee agencies in the Organization of foreign aid supplies on the single source procurement shall entrust the following units of assessment:

(A) with 5 or more persons with the size and complexity of the project adapt, familiar with foreign aid supplies project management system in economy, technology and other professionals;

(B) article 13th of this approach (a), (c) and (d) the conditions laid down.

    Units involved in project procurement activities or its employees shall not undertake the project review work.

    32nd entrusted Agency shall not be invited within 3 years for their involvement in aid supplies project procurement or implementation of activities subject to administrative punishment of enterprises involved in foreign aid supplies project procurement.

    Article 33rd for medicines, medical equipment and other countries producing or selling licensed goods, procurement enterprises or suppliers shall obtain the corresponding sales or production license.

34th entrusted agency under review Committee of experts or review written evaluation report and recommendation submitted by the successful candidates to determine foreign aid supplies project implementation or a delivery business. Aid supplies project implementation or a delivery business materially changes its procurement commitment, entrusted with the management of institutions should cancel the selected qualification.

Using the tender or competitive negotiation shall be according to the winning candidate in other successful candidates in the order selected in the foreign aid supplies project implementation company or supplier firms; one of the following conditions exist, should reorganize procurement:

(A) all winning candidates were substantive changes purchase commitments;

(B) all winning candidates offer significantly deviated from the market and reasonable price.

    Using a single source procurement should be reorganizing the procurement.

    Article 35th of Commerce set up foreign aid supplies project result announcement and questioned the system.

36th commerce may entrust the following item entrusted Agency of implementing or directly:

(A) the recipient to purchase in China's projects;

(B) the organization or sole-source procurement tendering, competitive negotiations, no firm bid or participate in competitive negotiation, single source procurement;

(C) procurement after the failure by the application deadlines cannot be organized by program as provided herein tendering, competitive negotiations or single source procurement;

(D) other projects assigned by Ministry of Commerce.

Entrusted Agency to support the implementation of the first paragraph of section (a) of projects, should respect the recipients willingness to purchase, according to the requirements of recipient countries introduced relating to the production and sale of goods and urged to enterprises ' credit performance.

    Entrusted Agency of direct purchase of first paragraph of this article (b) to (d) of item, per this article 41st regulations transportation of goods.

    The seventh chapter implementation

37th article of Commerce commissioned entrusted Agency of aid supplies project with selected enterprises or suppliers, freight forwarding services company conclude contract or a supply contract, freight forwarding services, task notification.

    Task notification is a complete aid procurement, warehousing, inspection, customs clearance, transportation and personnel entry and exit procedures are based on.

    Article 38th-aid supplies is responsible for the project implementation unit loads, and according to the implementation of the contract the goods to the recipient specified locations and provide other necessary services.

Article 39th article 22nd of this approach (a) provides enterprise project aid supplies project implementation, should be set out in the catalogue for the guidance of supply business directory or 19th determines these measures within the delivery of an enterprise-wide to select the appropriate suppliers of the goods. Aid supplies project implementation business (determined in accordance with article 28th of this approach second to third enterprises), should in the long term agreement selected freight services in the freight forwarding services business directory business.

    For routes which cannot be covered or is not permitted to transport of goods and other special reasons, directory of enterprises are unable to undertake the task of forwarding services, fiduciary administration, freight forwarding services of enterprises can be selected from outside the list.

40th article this article 22nd (b) provide project delivery business, is responsible for the production or supply of goods and the provision of other essential services, and according to the requirements of the entrusted Agency of the forwarding of the goods delivered to the selected service enterprises.

    Freight forwarding services is responsible for providing the goods to the recipient specified location of freight forwarding services.

    41st article 22nd of this approach (b) provides project, entrusted with the administration under the provisions of the second paragraph of this article 39th by way of inquiry on quality freight forwarding services for the selected item.

42nd article care material project implementation enterprise or supply Enterprise actual provides of goods (including brand, and specifications model, and technology parameter, and supply number, and production manufacturers, and packaging way), and technology service programme and care material project implementation enterprise or goods generation service enterprise actual used of transport programme (including transport way, and shipped and arrived time, and destination),, should and contract agreed and procurement commitment strictly consistent.

    Absolutely necessary to change the substance of these foreign aid supplies project implementation or a delivery business, freight forwarding services after prior examination by the entrusted Agency of

    Article 43rd-aid supplies project implementation or delivery companies, freight forwarding services enterprises shall be liable for the goods of the contract quality assurance responsibilities, within the warranty period stipulated in the contract of non-recipients causes quality problems, should be responsible for the replacement or repair and pay the required fee.

44th technical complex or highly specialized goods, entrusted with the management body may delegate the appropriate supervision of the entity.

    Entrusted Agency at the invitation by tendering, competitive negotiations the selected inspection units. Article 45th in the course of project implementation, aid supplies project implementation or delivery companies, freight forwarding services enterprise shall collect and keep information on related projects.

Within 1 month of the transfer of goods to foreign, project completion reports to the entrusted Agency and related project information.

    Entrusted Agency of project implementation should be regularly reported to the Ministry of Commerce. Article 46th foreign aid supplies project implementation or delivery companies, freight forwarding services according to the request of the Ministry of Commerce to conduct cargo insurance and other necessary insurance.

Falling within the scope of insurance losses, companies should be allowed to claim against the insurance company is not in accordance with the provisions of insurance bear their own losses.

    Occurred within the scope of insurance losses, does not affect the corporate aid supplies project task or task delivery, freight forwarding services tasks.

47th foreign aid supplies to one of the following in the implementation of the project, and caused project cost changes, can be adjusted according to the actual situation of Commerce foreign aid supplies project contract, but should provide insurance under this article 46th except:

(A) care and material adjustment of Chinese laws or policies related to the implementation of the project;

(B) occur within the coverage of irresistible natural disasters;

(C) the unrest, coups, strikes, war;

(D) emergence of recipient countries and bilateral political factors such as changes in China's diplomatic relations;

(E) external work to be suspended;

(F) the recipient fails to comply with support obligations;

(VII) by the recipient Government and the Chinese Government agreed to supply content, mode of transportation, destination and arrival timing adjustments.

    Of the Ministry of Commerce approved the adjustment of the contract price, if necessary, should sign an additional agreement with recipient countries.

    48th article of Commerce for designated agencies and recipient countries handle foreign aid supplies project intergovernmental transfer procedures.

    Supervision and administration of the eighth chapter

49th Ministry of Commerce in collaboration with the State administration of quality supervision, inspection and quarantine authorities and customs authorities to establish aid materiel inspection and quarantine and inspection system.

Provincial departments in charge of commerce within its jurisdiction, seat of the Ministry of Commerce urged foreign aid supplies project enterprise or business delivery, freight forwarding services enterprise strictly implement the aid material inspection and quarantine and inspection systems, coordinate care materials, inspection and quarantine and examination of specific issues.

    In the procurement of goods for foreign aid will be shipped in tariffs China compulsory inspection system; foreign aid supplies shipped overseas procurement of Chinese tariff export inspection and quarantine system.

    50th Ministry of Commerce in collaboration with the State administration of quality supervision, inspection and quarantine authorities and customs authorities, organizing foreign aid combined materials and equipment inspection and quarantine and inspection and inspection of law enforcement, establish accountability mechanism for aid supplies project quality.

    51st Ministry of Commerce established to take aid supplies project task warning system of enterprise, Enterprise honest operation.

    52nd Ministry of Commerce set up foreign aid supplies project evaluation systems to assess the aid materials the project performance.

    Nineth legal liability

53rd, feasibility study or with a single unit with one of the following acts, the Ministry of Commerce shall be given a warning and a fine of up to 30,000 yuan fines:
(A) provide feasibility studies, intended for inventory or preparing delivery manifest material error, resulting in serious losses;

(B) violation of the provisions of the present article 20th, collude with companies involved in procurement, advance disclosure of supply list, or unauthorized or disguised form of specifying a single source specified products;

    (C) other acts that seriously affect project implementation. 54th enterprises involved in foreign aid supplies project procurement activities of any of the following acts, the Ministry of Commerce shall be given a warning and a fine of up to 30,000 yuan fines; has been selected as the foreign aid supplies project implementation, delivery or freight forwarding services enterprises, selected results.

Violations of the relevant laws, administrative regulations, in accordance with the relevant provisions of laws and administrative regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) fraud, gain an unfair competitive advantage;

(B) collusion or seek illicit advantage;

(C) selected companies or candidates during the period of purchase commitments materially alters the commitment;

    (D) other improper acts to disrupt order of procurement activities. 55th aid material project enterprises, suppliers or freight forwarding services of enterprises in foreign aid supplies in the course of project implementation of any of the following acts, except for liability stipulated in the contract, a Ministry of Commerce should give a warning and a fine of up to 30,000 yuan fine.

Violations of the relevant laws, administrative regulations, in accordance with the relevant provisions of laws and administrative regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not perform its contractual obligations or purchase commitment, seriously affecting the normal aid supplies project implementation;

(B) violation of the provisions of this article fourth, will be borne by the foreign aid supplies project implemented by others;

(C) misappropriation of foreign aid supplies project funds for project-related activities;

(D) the quality of goods or services to foreign adverse effects;

    (E) violation of the relevant provisions of these measures, causing major losses or serious adverse effects.

    56th article care material project implementation enterprise, and supply enterprise or goods generation service enterprise main head, and project head and the directly responsibility people not perform legal regulations and foreign assistance management about provides, caused serious consequences of, commerce should give its warning, and sentenced 30,000 yuan following fine, recommends where units or superior competent sector give administrative sanctions; violation related legal, and administrative regulations provides of, in accordance with related legal, and administrative regulations of provides give administrative punishment; constitute crime of, law held criminal.

57th entrusted Agency staff and Ministry of Commerce in aid supplies project procurement activities in the management or one of the following acts, does not constitute a crime, depending on the seriousness of the corresponding administrative sanction constitutes a crime, criminal responsibility shall be investigated according to law.

(A) use their posts to facilitate the extort or illegally accepting other people's property, for the benefit of others;

(B) abuse of power, negligence or malpractices for personal gain, resulting in losses to the interests;

    (C) intentional or negligent disclosure of State secrets.

    The tenth chapter by-laws

    Foreign article 58th of emergency humanitarian relief assistance and military aid projects, these measures are not applicable.

    59th article of the referred to "upper" and "lower", "less than" and "less than" containing the number itself.

    60th explain these measures by the Ministry of Commerce. 61st these measures shall come into force on July 15, 2011, of the interim measures for the management of external aid projects (Ministry of Commerce, 2006 5th) repealed simultaneously.