Administrative Measures For Foreign Contracted Projects Eligible

Original Language Title: 对外承包工程资格管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253016.shtml

Administrative measures for foreign contracted projects eligible

    (September 28, 2009 People's Republic of China's Ministry of Commerce, housing and urban-rural development announced on November 1, 2009, 2009 9th execution) Chapter I General provisions

    First to standardize and strengthen the management of foreign contracted projects, and promote the healthy development of foreign contracted projects, in accordance with the People's Republic of China Law on foreign trade and the foreign project contracting regulations, these measures are formulated.

    Article II foreign contracted projects in these measures refers to Chinese enterprise or any other entity (hereinafter referred to as units) contracts for overseas construction projects, including consultation, investigation, design, supervision and tendering, construction cost, procurement, construction, installation, commissioning, operation, management and other activities.

    Article III units according to the approach of foreign contracted projects overseas project contracting qualification, receiving the People's Republic of China outsourcing project qualification certificate (hereinafter referred to as the certificate of eligibility), shall not be permitted to engage in overseas project contracting.

    Chapter II qualifications

    Article fourth overseas project contracting units are divided into engineering construction and non-construction class.

    Among them, the construction units engaged in domestic engineering survey, design, consultation, supervision, construction, installation and other activities, and access to housing and urban-rural development department or other relevant departments issued the relevant qualification units.

    Article fifth overseas project contracting units shall meet the following requirements:

    (A) it has legal personality and construction units should have its qualification of registered capital (registered capital is included in these measures); non-construction unit of the registered capital of no less than 20 million Yuan.

    (B) have appropriate qualifications or performance:

    Construction units shall obtain housing and urban-rural development department or other relevant departments issued a grade or level (grade a) qualification certificate; for the relevant professional qualifications, regardless of rank, should obtain the certificate;

    Non-construction units in the previous year's exports of electromechanical products reached US $ 50 million, or design, production (production), export of complete sets of equipment or large stand-alone equipment exports reached $ 10 million, or foreign contracting turnover of 10 million dollars and nearly 3 years have been successfully implemented in 3 separate contracts for more than $ 5 million in the project.

    (C) professional and technical personnel in conformity with contracted projects, management of at least 2 people with 2 years experience of foreign contracted projects.

    (D) security precautions commensurate with the international contractors, was founded by the leading group of Unit Chief in charge of security outside, standing shall be not less than 2, outside the territory of the corresponding security mechanisms and emergency response plans.

    (E) guarantee engineering quality and safety management system, within the last 2 years without major engineering quality problems and larger accidents over a production safety accident, construction enterprises need access to housing and urban-rural construction safety production license issued by the Department. (Vi) have a good business reputation, no significant violations in the last 3 years and significant illegal business records.

    For foreign-invested enterprises, last 3 years shall be continuous through the joint annual inspection of foreign-invested enterprises.

    Article sixth overseas project contracting units shall contract with strength, appropriate to the scale and performance projects.

    Chapter III eligibility application

    Article seventh eligibility criteria for foreign contracted projects, central management of enterprises under the Central Government and other units (hereinafter referred to as the central unit) shall submit an application to the Ministry of Commerce, the central unit outside unit shall apply to a registered provincial Commerce authorities.

    Article eighth eligibility criteria for foreign contracted projects, two copies of written application must submit the following materials:

    (A) the application for qualification of foreign contracted projects;

    (B) the People's Republic of China organizations and agencies code certificate (copy);

    (C) the business license or business unit corporate certificate (copy), the foreign-invested Enterprise approval certificate for foreign-invested enterprises shall be submitted;

    (D) the construction units to provide housing and urban-rural development department or other relevant departments issued a certificate of qualification (copy), construction enterprises will need to provide housing and urban-rural development department issuing safety licenses (copy) non-construction units must provide the customs export certificate or the business issued by the Ministry of commerce statistics show that;

    (E) foreign contracted projects related to the professional and technical personnel and management information and related documents;

    (F) units to apply for overseas safety protection leading group and a permanent staff of the status of and outside security mechanisms and emergency response plans;

    (VII) units to apply for engineering quality and safety management system documentation;

    (H) the competent commercial departments required to submit other materials showing compliance with the conditions specified in article fifth.

    Nineth eligibility criteria for foreign contracted projects, materials complete, in compliance with the statutory form, of the terms of reference of the Department that are, the commercial administrative department shall accept.

    Application materials are incomplete or not in compliance with the statutory form, received material business Department shall inform the applicant within 5 working days once all need correction; fails to inform the, shall be accepted as of the date of receipt of the application materials.

    Tenth Article engineering construction class units application foreign contracting engineering qualification of, business competent sector since accepted of day up 5 a days within, will application material turned sibling housing and urban and rural construction competent sector; housing and urban and rural construction competent sector since received application material of day up 15 a days within proposed review views and referred to the business competent sector; business competent sector since received housing and urban and rural construction competent sector review views of day up 10 a days within made approved or not approved of decided.

    Non-construction unit of eligibility criteria for foreign contracted projects, the commercial administrative department within 30 working days from the date of the acceptance for review, make a decision to approve or not to approve.

    Commerce Department will approve findings and other relevant statistics informed the Department of housing and urban-rural construction at the same level. 11th approved foreign contracted projects qualify, overseas project contracting units to a registered provincial Commerce authorities to receive the certificate of eligibility and pay the Labor Cooperation Fund.

    Provincial-leveled Commerce departments should go through qualification of foreign contracted projects online management system to award them the qualification certificate of Commerce records.

    Shall not be approved foreign contracted projects eligible to apply, the Commerce authorities notify the applicant in writing of the acceptance of the application and state the reasons. 12th have the qualification of foreign contracted projects unit merged with other units, unit which has the qualifications of foreign contracted projects terminated, combined units comply with the corresponding criteria as provided herein, in accordance with the provisions of article seventh to the relevant departments in charge of Commerce application for renewal of the certificate of qualification.

    Competent commercial departments should be within 15 working days from the date of acceptance of the application to make a decision.

    Has the qualification of foreign contracted projects Division, after the Division units comply with the corresponding conditions, these measures are in accordance with re-eligibility criteria for foreign contracted projects.

    The fourth chapter of the qualifications of the management

    13th the qualification certificates should be kept properly, may alter, resell, lease, lend or otherwise transfer.

    The qualification certificate of the missing should be promptly reported to the original examination and approval departments in charge of Commerce, and national commercial newspaper or magazine declared invalid before they can apply for a replacement to the original examination and approval of the Commerce authorities.

    14th International contractors company name, address, legal representative, unit type, registered capital and other changes, within 30 working days from the date on which the change to the original examination and approval of the competent commercial departments for the certificate of qualification procedures and apply for a new certificate of qualification.

    Overseas project contracting units terminated according to law, original examination and approval departments of commercial administration should cancel its qualifications and the qualifications of foreign contracting engineering certificate.

    Supervision and administration of the fifth chapter

    15th Ministry of Commerce and the provincial-leveled Commerce departments in charge of overseas project contracting qualified supervision and inspection, and in conjunction with the housing and urban-rural development Department of engineering construction units of foreign contracted projects eligible for supervision and inspection.

    In supervision and inspection, the Ministry of Commerce and the provincial Commerce authorities found foreign project contracting units no longer meet the conditions as provided herein, shall order the rectification; late is still not up to, revoke the certificate of qualification, and shall inform the competent Department of housing and urban-rural development.

    16th Ministry of Commerce is responsible for the establishment and maintenance of qualification of foreign contracted projects online management system and strengthen the supervision and management of the national qualification of foreign contracted projects.

    17th Ministry of Commerce contracted Visual needs for project management and coordination, based on the contracted projects overseas project contracting performance, law-related organizations and credit rating, classification management of overseas project contracting units.

    18th International contractors-related associations and chambers of Commerce should play self-discipline according to law, under the supervision and administration of foreign contracted projects eligible, based on the industry standard industry comments and recommendations.

    The sixth chapter legal liability

    Article 19th did not obtain qualifications for foreign contracted projects, unauthorized contracting foreign projects, the departments in charge of Commerce shall order rectification, fines of between 500,000 yuan and 1 million Yuan; has illegally obtained, confiscation of illegal income; the main charge fines of between 50,000 yuan and 100,000 yuan.

    20th alter, resell, lease, lend the qualification certificate or other forms of illegal transfer of qualifications of foreign contracted projects, by original examination and approval of the Commerce Department in a warning and fined a maximum of 30,000 yuan and constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 21st eligibility criteria for foreign project contracting units to hide relevant information or provides false materials, inadmissible or not to permit the commercial Administrative Department, and given a warning.
Eligibility criteria for foreign contracted projects unit by fraud, bribery or other improper means to obtain the certificate of eligibility, the original approval of the Commerce authorities revoked the certificate of eligibility, and given a warning and fined a maximum of 100,000 yuan and constitutes a crime, criminal responsibility shall be investigated according to law.

    22nd departments in charge of Commerce, housing and urban-rural development department or other relevant competent authorities may, in accordance with the foreign project contracting regulations on 25th and 26th are punishable.

    Article 23rd departments in charge of Commerce and housing and urban-rural development Department staff in overseas project contracting licensing and abuse of power, dereliction of duty or engages in the management of, and shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    24th article this way prior to the introduction of foreign contracting engineering qualifications unit, within 6 months from the date of implementation of this approach in accordance with the provisions of these measures regarding claims to the commercial administrative department application for renewal of the certificate of qualification.

    Units referred to in the preceding paragraph at the time of application are not up to the corresponding criteria as provided herein, commercial administrative departments should order the rectification within 3 years from the date of implementation of this approach, and in its indicated on the certificate is valid for 3 years.

    The commercial Administrative Department of the qualification certificate shall be renewed and changing information informed the Department of housing and urban-rural construction at the same level.

    25th scope adjustments herein do not include mechanical and electrical products and exports of large machinery and equipment.

    26th article this way by the Ministry of Commerce in collaboration with the Department of housing and urban-rural development is responsible for the interpretation. 27th article this way come into force on November 1, 2009.