Chapter I General provisions article to strengthen the management of external technical assistance project, ensure the quality of projects, improve aid effectiveness, in accordance with the relevant provisions of laws and administrative regulations, these measures are formulated.
II technical assistance projects in these measures refers to the Chinese side under the foreign aid funds, integrated by experts, skilled workers and the provision of equipment and other means of helping recipients achieve specific technical objectives of assistance projects. Article III General by the Chinese side is responsible for organization and implementation of technical assistance projects.
As a recipient organization will, can be combined with the actual situation of the Chinese side agreed with the recipient, will be handed over to the recipient organization for technical assistance projects.
The fourth Ministry of Commerce is responsible for technical assistance in the establishment, the management and oversight of the project.
Foreign aid project management bodies in accordance with this regulation to organize, supervise and manage the implementation of technical assistance projects, and accept the supervision and inspection of the Ministry of Commerce.
Fifth economic and business institutions in recipient country embassies and consulates to assist the Ministry of Commerce in connection with technical assistance projects related to the Intergovernmental Affairs, is responsible for the implementation of technical assistance projects outside supervision.
Sixth provincial Commerce authorities assist the Ministry of Commerce to deal with external technical assistance management services.
Seventh chapter project management project management agency in the Department of Commerce found that qualified foreign aid projects to implement enterprise-wide based on selected technical assistance projects implemented under the project procurement units in foreign aid.
Department of Commerce selected technical assistance projects under the national regional development policy implementation unit.
Successful implementation of technical assistance projects on technical assistance projects they have undertaken the task to implement Enterprise contract management responsibility system.
Eighth programme of technical assistance projects and procurement to technical assistance technical reliability, program maturity and economic rationality as the main selection criterion. Technical assistance technical assistance programme is based on project feasibility study report and project proposal requirements, integration methods, technical means and raised standards, achieving the goal of technical assistance planning, path and program content.
Among them, the technical assistance elements include human resource development, intellectual support, technical service and transfers, administrative cooperation, the provision of materials and equipment and provides engineering services such as different types.
For technical assistance in implementing path is simple and clear project, project management agency in the procurement process identified in the integrated technical assistance programmes, programme responsiveness and economic rationality and law implementation unit selected to realize the target path of the same technology diversified technical assistance projects, project management, agencies shall be selected in procurement proceedings in accordance with technical assistance and implementation unit. The Nineth technical assistance projects are complex or have special security requirements, item technical qualifications required for two or more items, all items may be made by individual technical qualification of units bidding can also consist of bidder Consortium bid.
Each party to the consortium shall not separate or with other units to form a consortium bid. Complex focal points shall meet the technical assistance project implementation unit of qualification.
Consortium in the bid should be a common project contract with the project management organization and assume joint and several liability.
Tenth article according to project requirements or implementation management reality, as technology assistance project involved by only supply units provides of material or only service units provides of patent, and proprietary technology service, project management institutions should according to care project procurement provides, ahead of and corresponding material or service provides units agreed procurement price and conditions, included project tender file, and supervision corresponding material or service provides units to all bid units implementation agreed procurement price and conditions.
Successful technical assistance project for the unit should be set out in the tender documents the agreed purchase price and conditions and only supplier firms and patent or proprietary technology services unit signed a subcontract, and subcontracted supplies or services to a task progress, quality control, security and investment into the technical assistance contract coverage.
11th project management on behalf of the Ministry of Commerce to the technical assistance project implementation units actions to implement the task of winning notification.
Technical assistance project implementation unit for the task notification handle technical assistance personnel entry and exit as well as equipment and material testing of customs clearance.
The 12th successful units within the scope of the contract may not be subcontracted the task of, and within the scope of the contract may not be critical subjectivity or task subcontracted and broken down into a number of components sub.
Winner will be the unit's technical qualifications do not cover non-material or non-subjective task subcontracted to other professional and technical unit, its subcontract, subcontractor selection and subcontracting amounts should be set out in the proposals for technical assistance projects, as a condition of winning approval and written contract. Sub once identified, may not be changed. Winner shall be set out in the tender documents of the subcontracting subcontracting contracts concluded and submitted to the project management agency records.
Really necessary to change or add new subcontracting, shall be a contract procedure.
13th compliance package does not preclude technical assistance project implementation units within the scope of the contract any obligations.
Chapter III procedures the 14th article of Commerce for approval of project management technical assistance project feasibility study report and project proposals, and project.
After the project, project management agency in the project agreement between the Government and the Ministry of Commerce approved the feasibility study report and project implementation and management of project proposals within the organization.
15th government agreements signed between foreign technical assistance projects implemented agreements, project management office shall implement and recipients formally recognizes the technical assistance programme on the basis of, responsible for external implementation of signed project agreement with the recipient specified.
External implementation agreements should be detailed provisions of both the Chinese and foreign cooperation, management procedures and the rights and obligations of the whole process.
16th article technology assistance project implementation units should strictly according to Government between agreement, and foreign implementation agreement and the and commerce made of project implementation contract of provides, implementation technology assistance programme, ensure integration provides human, and technology, and management, and material and engineering service, the elements of quality and efficiency, in provides term within achieved technology assistance target, and in contracting responsibility range within bear all of economic, and technology and legal responsibility.
17th technical assistance project for the unit should be set up a technical assistance group and specify the team leader, the organization responsible for local technical assistance missions in recipient countries implementation and management.
Technical assistance expert group accepted economic and business institutions in recipient countries consulates supervision and management. 18th technical assistance project for the unit should be submitted regularly to the project management briefing, covers project implementation progress, problems and solutions, the next stage of work plan and implementation programme.
A major safety issues and emergencies that may affect project implementation should be thematic reports in a timely manner.
Upon completion of the project for technical assistance, implementation units should be submitted in writing to the project management body project summary reports, contents cover the overall implementation of the project, the effectiveness of aid and economic and social benefits, the recipient of project implementation the overall evaluation, the project encountered problems and solutions, to sudden emergencies as well as the relevant recommendations of the continuation of the project, and so.
19th project management organization in the implementation of technical assistance projects basically fulfilled the intergovernmental agreement, external implementation of the deal and the project after the implementation of the obligations under the contract and may be legally designated by the Ministry of Commerce finds that the qualifications of consulting units make up a group of experts for technical assistance project acceptance. Acceptance of specific composition of the expert group and qualification by the project management agency depending on the nature of technical assistance projects and features.
Acceptance of members of the Group may not be technical assistance project implementation units could affect the impartial validation of a stake. Technology assistance project acceptance to Government between agreement, and foreign implementation agreement, and project implementation contract provides and technology assistance programme for main according to, on technology assistance project items Xia human resources development, and intelligence support, and technology service and transfer, and management cooperation of real workload, and intelligence results and assistance effect for integrated assessment, on implementation units of performance situation and experts service situation for confirmed, on with material equipment and engineering service for nuclear inspection and acceptance, eventually on technology assistance target of achieved made conclusion.
Conclusion there are qualified and unqualified acceptance of two grades. Acceptance of the Group of experts shall be submitted according to the inspection results to the project management body acceptance report.
Acceptance report acceptance take effect after being signed by all members of the Group of experts.
20th technical assistance project for the unit should be discovered during the acceptance issues and questions raised by the report in time for rectification.
Completed rectification of the problems during the acceptance, by the acceptance report of the expert group conclusions and written acceptance of rectification; to complete the rectification of the problem during the acceptance, by implementation units within the prescribed corrective action, corrective action corrective conclusions on the results reported to the acceptance of the Group of experts added.
21st after acceptance of technical assistance projects, project management on behalf of the Ministry of Commerce shall, without delay through diplomatic channels between the recipient Government and the procedures for transfer.
Project Management Office shall complete the procedures for the transfer of timely submission of technical assistance to the Ministry of Commerce after the project completion.
22nd technical assistance project for the unit should be within the scope of contract, responsible for collecting, collating the technical and project completion acceptance of external transfer formalities and the project management agency within 60 days after the transfer.
Management and the transfer of technical data refers to the implementation of technical assistance projects in the process of, has a value of all kinds of technical papers and reflect the process of project preparation and implementation of the relevant carrier. Technical assistance project technical information into the Department of Commerce to establish technical data base management of complete foreign aid projects.
With technical information management requirements in accordance with the measures for the management of complete foreign aid projects (for trial implementation) implementation.
Fourth technical experts manage 23rd for sending Chinese experts under technical assistance projects (hereinafter referred to as technical assistance experts) to recipient countries implementation of human resource development, intellectual support, technical service and transfer, management, professional and technical cooperation tasks, project management organization should be based on actual needs of technical assistance projects, defining technical assistance in procurement specialist professional qualification or equivalent technical requirements.
24th technical assistance project for the unit should ensure that technical assistance experts to meet the demands of professional qualification or equivalent level, elected by the project management organization established through the project procurement process. Determine technical assistance experts work in the light of the special conditions may not be altered.
Needed changes, technical assistance for project implementation units should be changed after the qualification, conditions of a new project management organization. 25th technical assistance project for the unit should be primarily selected the unit personnel as technical assistance experts.
For special or technical qualifications restricting external staff for technical assistance specialists, external recruits should undertake the necessary review and labor contracts with the external recruits, clearly the rights and obligations of the parties in the implementation of projects.
Article 26th project management body shall, before completion of technical assistance projects, drew attention to the Consulate in recipient countries on technical assistance from the economic and commercial expert service and duty assessment issued by the effect.
Economic and business institutions in recipient country embassies and consulates issued assessments of the technical assistance experts on duty should reflect Chinese experts of the recipient during the performance and duties, and recipients can be fully heard.
Duty assessment shall be used as technical assistance experts project acceptance, acceptance of the expert group recognized an important basis for expert service.
27th article technology assistance project implementation units should effective guarantees technology assistance experts of treatment, including in recipient country implementation technology assistance task during of domestic posts, and post, and titles treatment, and work guarantees and social welfare treatment not variable, full enjoys technology assistance experts of abroad allowance, and hard area subsidies, and medical costs, and vacation, and outside personal accident hurt insurance and the accommodation, and Office, and traffic, in abroad perform corporate by required of work and life conditions,.
Economic and business institutions in recipient country embassies and consulates should assist in the implementation of technical assistance projects, urging recipients to intergovernmental agreements or external implementation of the provisions of the agreement, technical assistance experts provides immigration, local resident and implement aid mission to facilitate and protect the personal and property safety of technical assistance experts.
Fifth chapter intelligence results management 28th article technology assistance project of intelligence results is refers to technology assistance project implementation units in technology assistance items Xia carried out human resources development, and intelligence support, and technology service and transfer, and management cooperation, activities by formed of all has value of spiritual or intelligence products, including: (a) technology proposal, and planning report, and advisory report, and analysis research report, and papers, and courses handout, information; (ii) patent, and proprietary technology, and practical technology, and copyright, intellectual property results;
(C) economic and technical value of operating procedures, processes, procedures, implementation modes and management experience in technology solutions.
29th technical assistance project for the unit should be based on separate intellectual work programme of technical assistance programmes, different stages of product specific technical tasks and supporting intelligence targets, time limits, conditions and procedures, ensure continuity of quality intellectual achievements.
Project implementation units should be systematized of the intellectual achievements made during the execution of the project, a written material submitted to the project management Institute and the Ministry of Commerce.
30th inspection in technical assistance project acceptance process, the expert group should, under the technical assistance project formed the intellectual achievements of professional reviews, confirm the applicability of intellectual achievements in innovation, and aid effectiveness.
Professional assessment of intellectual achievement results should serve as a technical assistance project acceptance, acceptance of the expert group recognized an important basis for achieving the objectives of technical assistance. 31st technical assistance for project implementation unit in carrying out technical assistance missions in the process of formation or creation of intellectual achievement, should be vested in the Chinese side and the recipient jointly.
Attribution of specific arrangements and follow-up results used by the Chinese side and a recipient of the intergovernmental agreement or external implementation of conventions.
Without the approval of the Ministry of Commerce, technical assistance projects implementation unit does not have open, transfer of technical assistance projects of the intellectual or other licensed units and individual intellectual achievement.
Sixth chapter 32nd with materials management technical assistance project provided under the expert main types of aid supplies, spare parts, and technical material in three categories.
33rd article technology assistance project items Xia with material, meet following case one of of, should separate project and according to foreign assistance material project management approach (pilot) organization implementation: (a) supply total (containing shipped, and premium) in 5 million Yuan Yuan above; (ii) by accounted for technology assistance project estimates investment share in 50% above; (three) technology material supply total (containing shipped, and premium) in 3 million Yuan Yuan above;
(D) technical material in more than 1 million Yuan less than the total supply of 3 million Yuan, technical assistance projects and the investment proportion is above 35%.
Article 34th expert material mainly to satisfy the Chinese technical assistance expert assistance mission in recipient countries working and living needs provided by transport vehicles, Office equipment and general consumer goods, durable consumer goods, are managed in accordance with the respective fixed assets and consumables. Expert supplies consumables under the technical assistance project implementation units are responsible for purchasing, use, distribution, and management.
Consumables still usable after the task is completed by a technical assistance project implementation units transferred to the recipient.
Expert material aid used under a separate purchase and management of fixed assets of transportation vehicles, Office equipment and consumer durables to all recipients of property rights, the technical assistance project implementation units are responsible for procurement, technical assistance used by Chinese experts during project implementation and management. Project management organization should be expressly included in the management and implementation of technical assistance projects unit-wide fixed asset listing (as an appendix), and fixed asset listing informed economic and business institutions in recipient country embassies and consulates.
After the completion of technical assistance projects, economic and business institutions in recipient country embassies and consulates should supervise implementation of technical assistance projects to conduct an inventory of fixed assets, timely transfer of recipient departments and handle the transfer formalities relating to transfer written material submitted to regulatory agencies for the record.
35th parts mainly refers to technical assistance under the project in order to ensure the technical equipment, equipment recovery or long-term use of the provision of a reasonable number of wearing parts, spares, accessories or repair appliances. Spare parts purchased by the technical assistance unit is responsible for the project implementation, use and management.
After the completion of technical assistance projects, economic and business institutions in recipient country embassies and consulates should supervise implementation of technical assistance projects on the remaining parts inventory, timely transfer of recipient departments and handle the transfer formalities relating to transfer written material submitted to regulatory agencies for the record.
Article 36th technical materials refer to technical assistance projects use aid under a separate purchase and for achieving the objectives of technical assistance of various kinds of technical equipment, material, equipment, and materials. Technology material property to all recipients. Except as provided in this way, technical material from technical assistance projects implementation unit responsible for procurement, technical assistance used by Chinese experts during project implementation and management. Project management should be linked to technical assistance projects implementation unit expressly agreed technical materials list and list of technical material inform the Embassy economic and commercial institutions in the recipient country.
After the completion of technical assistance projects, economic and business institutions in recipient country embassies and consulates should supervise implementation of technical assistance projects for technical materials inventory, timely transfer of recipient departments and the relevant transfer formalities relating to transfer written material submitted to regulatory agencies for the record.
37th experts under the technical assistance project materials, technical materials and spare parts the supplier firms shall be liable for the materials quality assurance responsibilities, within the warranty period stipulated in the contract of non-recipients causes quality problems, should be responsible for repair or replacement, and to bear the costs.
Seventh chapter works to manage the 38th works under technical assistance projects, in line with one of the following circumstances, a separate project and in accordance with the measures for the management of complete foreign aid projects (for trial implementation) Organization and implementation of: (a) the investment of more than 10 million Yuan, (ii) the technical assistance project estimate the proportion of investment in 50%.
39th inter alia article 38th case, works for technical assistance projects implemented by the technical assistance projects shall be organized and implemented or delegated local technological capabilities of recipient countries in the Chinese unit or local contractor organizations.
Among them, the works above for technical assistance under a certain size, that lack of adequate investment in more than 5 million Yuan RMB 10 million with new construction, project management organization should be based on project procurement rules for foreign aid programs, from complete foreign aid projects to implement enterprise qualification unit selected the selected project management company with project management tasks.
40th article works under technical assistance projects must adhere to the capital construction program, according to the "surveying, design and construction" principle of organization and implementation, concrete contracting, implementation procedures and management requirements refer to the management of complete foreign aid projects (for trial implementation) of the relevant provisions. Technical assistance projects implementation unit works to schedule, quality control, security and investment bear the overall contracting responsibilities.
Works in whole or in part-task principal subcontractor for implementation, assume control of works survey and design enterprise survey and design quality, schedule, safety and joint and several responsibility for project investment control; works to assume control of works to build the enterprise involved in construction quality, progress, safety and project quality assurance and supporting joint and several responsibility for technical services.
Enterprise should undertake incidental project management tasks incidental engineering investigation design and construction coordination, control, and manage the whole process, and involves quality, schedule, safety and investment control bear joint and several liability. 41st under technical assistance projects above a certain size comes with engineering quality inspection by the project management unit in conjunction with the implementation of technical assistance projects of the company are jointly responsible for organization.
For the incidental investment small sporadic civil engineering and small repair project quality examination, organized by the technical assistance unit is responsible for the project implementation.
Acceptance of works under technical assistance projects organized by the project management Institute.
Incidental check acceptance procedures and standards refer to the management of complete foreign aid projects (for trial implementation) of the relevant provisions.
42nd with the exception of quality problems caused by improper use of the recipient, under technical assistance projects with project, technical assistance project for the unit should be within a reasonable period of time without defects of quality assurance responsibilities.
Technology assistance project implementation units should in with engineering acceptance Shi to project management institutions issued no defects quality guarantee, clear with engineering the part and the equipment material of no defects quality guarantee range, and guarantee term and related of warranty responsibility, itself developed and corresponding implementation quality warranty plans, at least in acceptance Hou two years site presence quality warranty team, ensure quality guarantee term within rework, and repair by needed human material, supporting resources provides and timely arrived in site, and itself bear quality warranty by needed all costs.
Eighth chapter 43rd Ministry of Commerce established in accordance with the market-oriented principle of risk management risk mechanisms for technical assistance projects, with clearly defined risk factors involved in technical assistance projects, risk bear the main responsibility.
44th technical assistance projects related to risk factors include political and diplomatic risks, landlord liability risk, force majeure risks, changes in the technology risk and operational risk.
Political and diplomatic risk refers to political and diplomatic changes of policy adjustment or the impact on the implementation of technical assistance projects, including: war and nuclear war in question from country to country; changes in China's relations with the recipient; recipient of legitimate authorities confiscated, requisitioned; changes in laws and regulations associated with the project or policy adjustments, the risk borne by the Ministry of Commerce.
Landlord liability risk is due to the Ministry of Commerce liability or agree to assume liability of the recipient Party of Commerce's impact on the implementation of technical assistance projects, the risk borne by the Ministry of Commerce.
Force majeure risk is unpredictable, impossible and inevitable objective information on the impact of technical assistance projects, including natural disasters, accidents; recipient internal wars, strikes, riots, civil unrest and other emergency situations, the risk shared by technical assistance projects implementation unit and the Ministry of Commerce.
Technology risk refers to the original programme of technical assistance failures, defects, errors or omissions resulted in achieving the intended objectives of technical assistance, impact of technical assistance programmes should be adjusted accordingly, the risk borne by the technical assistance project implementation units.
Operating risk is defined as a result of market changes or implement management responsibilities on the impact of technical assistance projects, including those outside the bidding price and exchange rate fluctuations, physical differences in workload management of accident, the risk borne by the technical assistance project implementation units.
45th Ministry of Commerce fill way through contracts for technical assistance projects in the process of implementing the political and diplomatic risks and property owners liability risk responsibility. 46th article of Commerce by undertaking contract project with cargo insurance and other necessary insurance costs, as well as the project works in the Department of Commerce established by the uniform sets of engineering insurance system covered the scope of the project and pay the relevant insurance costs, a reasonable allocation of General Contracting enterprise of force majeure risks.
Of force majeure beyond the agreed insurance risks assumed by the general contractor.
Nineth chapter recipient party organization implementation project of management program 47th article by recipient party organization implementation of technology assistance project, commerce should in feasibility research stage and recipient Party confirmed following conditions: (a) recipient party has complete of enrollment bid legal system and management system; (ii) recipient party has independent organization implementation of capacity and experience, and willing to accept China of external regulatory; (three) project investment limit clear, China and recipient Party of Division responsibility and costs bear divided clear, risk can control.
Recipient organization and implementation of technical assistance projects, in principle, not incidental.
48th for the recipient organization and implementation of technical assistance projects, recommended by the recipient from the Chinese enterprises in accordance with its laws and regulations in the context of tendering procedures selected enterprises. Project Management Agency and recipient agree on recommended business terms and conditions.
Project management agency in consultation with the Embassy in the recipient countries the economic and commercial institutions and industry organizations views, according to technical qualifications, project implementation capacity and integrity conditions identified to recipient countries recommended Chinese companies list.
Recommended Chinese enterprises and recipient of local company to form a consortium or to establish a professional relationship.
49th for the recipient organization and implementation of technical assistance projects, project management agency and recipients signed a summary of the project implementation, agreed rights and obligations on both sides.
Project management agency purchases by foreign aid projects should be selected under the Chinese project management unit to the recipient organization and implementation of technical assistance projects with limited supervision.
Technology assistance project management units of duties main including: (a) supervision recipient Party of enrollment bid program, assessment its enrollment bid program of collection rules sex and on enrollment bid results be confirmed; (ii) on project contract implementation situation for monitoring, regularly to project management institutions submitted topic report; (three) audit recipient Party proposed of funding application; (four) on recipient party submitted of project implementation content change application for preliminary review, and to project management institutions proposed processing views. In the implementation of the supervisory process, technical assistance project management unit is or is about to breach or breaches of the deviation from the goal of technical assistance, should be submitted in writing to the recipient the recommending.
If a recipient fails to take timely and effective measures, and technical assistance project management unit shall promptly report to the project management Institute, project management institution may suspend or terminate the project funds allocated for audits.
50th recipient organization and implementation of technical assistance projects, project funding should be based on the recipients and implementing enterprise contracts entered into by the audit issued by the project management unit and by the technical assistance funding allocated directly to corporate accounts.
51st recipient organization and implementation of technical assistance projects completed, technical assistance project management unit is responsible for the technical content of the outcome of the integrity, depth of pre-audit of compliance and innovation in technology, and together with the recipient acceptance of technical assistance projects.
Technical assistance in project management unit should urge recipients to submit timely and relevant technical data and documentation, and project management for the record.
Project management organization responsible for recipient processing technical assistance project completion confirmation certificate, and timely technical assistance projects completed report to the Ministry of Commerce. 52nd for recipient organizations to implement technical assistance projects, project management bodies according to the project of prediction and estimation to investment objectives the recipient control.
Recipients of signed with the relevant enterprises to implement the contract price should be within the scope of control in the prediction and estimation.
In the course of project implementation, resulting from variations in contract, claims and other reasons the contract cost overruns, the excess shall be borne by the recipient; reducing the contract price, disbursement of funds in accordance with after reducing the contract price.
Supervision and administration of the tenth chapter 53rd institution shall, in accordance with this approach to project management responsibilities under the Organization and implementation of technical assistance projects, and to the Ministry of Commerce to meet relating to the filing and approval procedures establish robust information reporting system, monthly implementation of projects submitted to the Ministry of Commerce; major problems arising in the course of project implementation, thematic report to the Ministry of Commerce in a timely manner.
Ministry of Commerce is responsible for the project management organization supervise and inspect the implementation of technical assistance projects.
54th project management contract for technical assistance projects for the supervision and management of funds inside and outside units, ensuring that funds earmarked for foreign aid, accounting, and are not diverted to other uses.
55th project management should establish a major technical assistance project inspection system, supervision and inspection on site technical assistance project implementation units and associated engineering of enterprise to put foreign aid project management systems and conditions stipulated in the contract. 11th chapter legal responsibility 56th article technology assistance project implementation units has following behavior one of of, except by contract provides bear compensation responsibility outside, Commerce give warning, can and at 30,000 Yuan Yuan following fine, and can law announced punishment decided; violation related legal, and administrative regulations provides of, law give administrative punishment; constitute crime of, law held criminal: (a) violation this approach provides, will by bear of implementation task subcontracting or illegal points package of; (ii) violation this approach provides,
Misappropriation of funds for aid projects, (iii) change certified technical experts, technology, process or the implementation process, project aid effectiveness cannot be achieved; (iv) fails to perform, or delay in the performance of the contract obligations, affecting the normal implementation of the project, adverse external influences.
Project implementation unit violates the provisions of the first paragraph of this article subject to administrative, criminal punishment, 2-6 years from the date of entry into force of administrative punishment, does not select its involvement in technical assistance projects. 57th article technology assistance project implementation units in participation technology assistance project procurement process in the, has following case one of of, Commerce give warning, can and at 30,000 Yuan Yuan following fine; violation related legal, and administrative regulations provides of, law give administrative punishment; constitute crime of, law held criminal: (a) fraud, gets not due competition advantage of; (ii) and other participation procurement units collusion, seek illegal interests of; (three) and procurement agent institutions malicious collusion, or to procurement agent institutions
, Reviewers bribes or other improper interests; (d) a material change within the validity of the purchase commitment commitment.
Article 58th project implementation units in charge of technical assistance, project leader and directly responsible fails to fulfill the laws and relevant regulations of the external aid management, resulting in serious consequences, the Ministry warned, may be fined a maximum of 30,000 yuan; violations of the relevant laws, administrative regulations, and shall be given administrative punishments constitute a crime, criminal responsibility shall be investigated according to law.
59th article Commerce and care project management institutions staff in project management and organization implementation process in the has following behavior one of of, depending on plot weight give corresponding of administrative sanctions; constitute crime of, law held criminal: (a) using positions convenience obtained he property, or illegal received others property for others seek interests of; (ii) abuse, and negligence or engages in, led national interests suffered loss of; (three) leaked national secret of.
12th chapter supplementary articles
60th on concessional loans under the aid project, due to serious natural disasters or other force majeure event has implemented the emergency assistance projects and assistance projects involving State security and secrets, otherwise provides, from its provisions.
61st herein, the term "upper" and "lower" containing the number itself.
62nd explain these measures by the Ministry of Commerce.
63rd these measures come into force January 8, 2016.
