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Construction Of Complete Foreign Aid Projects To Implement Measures For The Qualification Accreditation Of Enterprises (For Trial Implementation)

Original Language Title: 对外援助成套项目施工任务实施企业资格认定办法(试行)

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(May 15, 2004 the Ministry of Commerce released as of July 1, 2004, 2004 9th) for the specification of complete foreign aid projects (hereinafter "complete foreign aid projects") construction enterprises of qualification management, these measures are formulated.
    First, General provisions (a) the measures shall apply to the identified assume control of construction of complete foreign aid projects implemented enterprise (hereinafter "foreign aid of construction enterprises") qualifications.
    (B) this approach is called the "complete foreign aid projects" refers to the Government to provide aid, interest-free loans and low interest loans or other special assistance funds under complete foreign aid projects.
    (C) enterprises shall, in accordance with the rules of eligibility requirements and procedures for application for qualification of construction enterprises in foreign aid, approved after examination, obtain the appropriate level of care after the qualification of construction enterprises in order to the extent permitted by their level of qualification to assume construction of complete foreign aid projects.
    Second, the qualification level (a) qualification of construction enterprises in foreign aid by the conditions as provided herein is divided into class a and b two level.
    (B) care class a construction enterprise can bear all the construction of complete foreign aid projects; b-aid construction enterprises can only assume total 50 million Yuan RMB (included) following the construction of complete foreign aid projects.
    (C) to a-class or b-class construction enterprises in accordance with the means for foreign aid under the conditions and procedures for relegation or promotion. Three, and qualification conditions (a) a, level care construction enterprise should for while has following qualification conditions of China corporate: 1. all funded per capita for China investors; 2. has State about administrative competent sector approved of a level (containing) above or corresponding grade of technology qualification; 3. has Commerce approved of foreign contracting engineering business qualification; 4. through ISO9000 quality system certification and certification qualification effective; 5. application (nuclear inspection) Qian 2 years continuous no losses business; 6.
    Application (check) the first 2 years of foreign contracted projects total turnover not less than US $ 30 million; 7. application (verification) within the first 2 years is not subjected to criminal punishment, not for illegal activities or serious violation of the relevant provisions on administration of foreign aid have received administrative punishment. (Ii) b level care construction enterprise should for while has following qualification conditions of China corporate: 1. all funded per capita for China investors; 2. has State about administrative competent sector approved of two level (containing) above or corresponding grade of technology qualification; 3. has Commerce approved of foreign contracting engineering business qualification; 4. through ISO9000 quality system certification and certification qualification effective; 5. application (nuclear inspection) Qian 2 years continuous no losses business; 6.
    Application (check) the first 2 years of foreign contracted projects total turnover not less than US $ 5 million; 7. application (verification) within the first 2 years is not subjected to criminal punishment, not for illegal activities or serious violation of the relevant provisions on administration of foreign aid have received administrative punishment.
    Four, qualify, recognition programs (a) companies to the Ministry of Commerce of the central management application for qualification of construction enterprises in foreign aid.
    Other companies to register Commerce authorities of provinces, autonomous regions and municipalities (hereinafter "provincial-leveled Commerce departments") for provincial Commerce authorities within 20 working days from the day of acceptance of the application to complete the initial nuclear; nuclear qualified early, early nuclear commerce, together with enterprises eligible for file review. (Ii) enterprise application Shi should provides following qualification application file: 1. application letter; 2. enterprise corporate license (copy); 3. inspection funding report; 4. funded people identity proved file (funded people for natural of, attached its identity proved and the copies; funded people for non-natural of, attached its registered registration proved and the copies, and statutory representative people identity proved and the copies); 5. technology qualification certificate; 6. foreign contracting engineering business qualification proved file; 7.ISO9000 quality system certification certificate; 8.
    Audited by accounting or audit body of the first 2 annual accounting; 9. this business about 2 years prior to the application are not subjected to criminal punishment, not for illegal activities or serious violation of the relevant provisions on administration of foreign assistance received administrative punishment of statements 10. other documents deemed necessary by the Department of Commerce.
    (C) enterprises of the central management of the Ministry of Commerce shall accept applications or receive nuclear materials in early provincial-leveled Commerce departments completed within 20 working days from the date of the audit, audit within 10 working days after publishing the results.
    Five, qualification (a) access to foreign aid of construction enterprise of the enterprise the following changes, within 1 month from the date of the change should be in Commerce Department records: 1. the corporate name change; 2. business address change, 3. change of the legal representative, 4. investors change.
    Decentralized businesses should at the same time the above filing CC registered provincial-leveled Commerce authorities. (B) the Commerce Department to achieve dynamic qualification management of construction enterprise of the enterprise for foreign aid, since this approach pilot year every 2 years qualified verification and early release eligibility verification notice.
    Eligibility verification within the year of construction Enterprise qualification for access to care enterprises not participating in that year's qualified personnel. (Three) participate in qualification nuclear inspection of enterprise should in qualification nuclear inspection notification provides of as term Qian to Commerce served following file: 1. application qualification nuclear inspection letter; 2. enterprise corporate license (copy); 3. inspection funding report; 4. funded people identity proved file (funded people for natural of, attached its identity proved and the copies; funded people for non-natural of, attached its registered registration proved and the copies, and statutory representative people identity proved and the copies); 5. technology qualification certificate; 6. foreign contracting engineering business qualification proved file
    ; 7.ISO9000 quality system certification 8. audited by accounting or audit body of the first 2 annual accounting 9. on nuclear inspection within the first 2 years of the enterprise are not subjected to criminal punishment, not for illegal activities or serious violation of the relevant provisions on administration of foreign assistance received administrative punishment of statements 10. other documents deemed necessary by the Department of Commerce.
    (D) applying for promotion of enterprises in addition to the above verification documents, formally applied for promotion in the eligibility verification letter, grant approval to cut the qualification conditions to qualify. (V) verification does not meet class a b level qualification of construction enterprises in foreign aid, the enterprise automatically demoted to b-class.
    After verification, does not meet any level of qualification of construction enterprises in foreign aid, the qualification of construction enterprises in foreign aid is automatically lost.
    (F) without due cause, prior to the deadline specified in the eligibility verification could not be delivered to personnel files, the qualification of construction enterprises in foreign aid is automatically lost.
    (G) the automatic loss of construction enterprise of the enterprise for foreign aid, since the enterprises specified eligibility verification service of verification documents within 1 year from the date of the deadline shall not re-apply for the qualification of construction enterprises in foreign aid.
    (H) the Ministry of Commerce should the enterprises specified in the eligibility verification service of verification documents after the deadline of 20 working days to complete the verification, complete verification within 10 working days after publishing the results.
    (I) obtained by fraud, bribery or other improper means qualification of construction enterprises in foreign aid, the Ministry revoked its eligibility.
    Six, by-laws (a) referred to "the Chinese investors" do not include foreign-funded enterprises.
    (B) the measures implemented from July 1, 2004.
  (C) explain these measures by the Ministry of Commerce.