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Management Of Complete Foreign Aid Projects (For Trial Implementation)

Original Language Title: 对外援助成套项目管理办法(试行)

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Chapter I General provisions

First to strengthen the management of complete foreign aid projects to ensure project quality and improve aid effectiveness, in accordance with the relevant provisions of laws and administrative regulations, these measures are formulated.

Second complete project mentioned in these measures refers to China under foreign aid funds, through organizing or directing the construction, installation and test production phase in whole or in part, to provide the recipient used in the production of life, public services such as complete sets of equipment and facilities, and after the completion of long-term quality assurance and supporting technical assistance services project.

Complete article projects "Chinese agent" or "recipient building" management model.

"The Chinese agent" refers to the Chinese Government entrusted by the recipient is responsible for the complete project investigation, design, construction, and commissioning the whole or part of the process phase, with "turn-key" delivered a recipient uses, and after the completion of effective quality assurance and supporting a technology service management model.

"Recipients building" refer to recipients of aid and technical support from the Chinese Government, is responsible for the turnkey project of surveying, design and construction process or one of its main tasks, and corresponding completion operations, maintenance responsibility, Government construction of external supervision of the project implementation by the recipient management model.

Daijian in China and construction of management mode by recipient, the Chinese side and the recipient party in accordance with the principle of Division of defining sets of project specific division of tasks.

The fourth establishment, the management and supervision of the Ministry of Commerce is responsible for the complete project.

Foreign aid project management bodies in accordance with this regulation to organize, manage, and supervise the implementation of complete project and accept the supervision of the Ministry of Commerce.

Fifth Consulate in recipient countries to make economic and commercial institutions to assist the Ministry of commerce management and turnkey project management of Intergovernmental Affairs, responsible for the turnkey project implementation of outside monitoring.

Sixth provincial Commerce authorities assist the Ministry of Commerce to deal with complete project management services.

Chapter II Chinese construction project implementation

Article seventh China construction project "general contract project management + project" implementation of contract responsibility system and enterprises.

Project management and General Contracting companies depending on the way Project Professional project contract inspection, engineering survey, design, project management and construction tasks at each stage, and bear the corresponding legal responsibility.

Complete eighth projects generally use "procurement-construction" (hereinafter referred to as P-C), Contracting, project management professional of complete enterprise projects investigated, engineering survey, design, detailed design (following combined survey and design for short) and the whole process of project management tasks, engineering general contract Enterprise construction detail design and general contract of engineering construction tasks.

Nineth complete project and comply with the following conditions, you can use "design-procurement-construction" (hereinafter referred to as EPC) Contracting, project management corporate responsibility for the whole process of project management tasks; general contract Enterprise Survey and design, detail design and construction general contract of engineering construction tasks:

(A) the proposed project specifications clear deliverables and results can take an accurate technical description of the project implementation;

(B) according to published standards or rules organizations acceptance;

(C) the project schedule can be controlled, has a definite start and end time;

(D) the investment limits clearly, based on empirical data and feasibility study direct estimation;

(E) the risk can be controlled, enterprise risk could reasonably have been expected in the project implementation process.

Complete Project EPC contract is mainly used in production projects, technical or simple infrastructure projects without sophisticated design of the equipment installation projects.

Article tenth set of project investigation and design enterprises to survey and design and detailed design of construction quality, progress, safety and responsible for project investment control.

Undertake complete project general contract of engineering construction tasks of enterprises involved in the construction quality, progress, production safety, after the completion of a long-term quality assurance and supporting technology services is responsible for.

Undertake turnkey project management tasks of enterprises to meet the complete project of surveying, design, detailed design and construction of construction coordination, control, and manage the whole process, and involves quality, schedule joint and several liability, safety and cost control.

Chapter three Chinese construction project procurement management

11th project management body shall be designated by the Ministry of Commerce's foreign aid projects to implement enterprise-wide based on foreign aid projects procurement rules selected general contract enterprise and project management companies.

National regional development policy, Ministry of Commerce selected sets of project general contract enterprise and project management companies.

12th project management in project management enterprises should be selected at the same time determine the project design or management, if necessary also be determined at design and then select project management enterprises.

Successful project management enterprises should be submitted to the project management body of Commerce before signing the contract beneficiary and covered with professional liability insurance the scope of its contract, and pay the premium.

13th P-C contracting, project management agency in the selected engineering General Contracting enterprise based on project management enterprise to prepare the detailed design documents organizational buying. Use of EPC contracting, project management agency in the selected engineering General Contracting enterprise based on project management preparation general contract bidding plan purchase.

Bidding plan includes at least: engineering and technology programmes (including the functionality, number of indicators as well as ancillary design standards, quality levels, performance indicators and implementation), the acceptance of technical standards or procedures, process requirements, the main equipment material specifications, engineering estimates, investment estimation and construction phase of the project specific risk factors that may occur.

Bid General Contracting companies should sign contracts, project management organization to submit to the Ministry of Commerce in favor and covered their contracting responsibilities of professional liability insurance and quality defects liability insurance, and pay the premium.

14th in the selected general contractor business, project management enterprises should cooperate with the project management agency qualification and bidding solution and provides technical documentation, tendering scheme for technical review and the supporting technical documents and clarify commitment, the organization recommended successful candidates answer questions and give advice on establishing the winning conditions.

Project management enterprises should comply with the associated performance combined with tender duties avoided, the principle of full disclosure and reasonable care, liable for the views provided by and included in the scope of professional responsibilities. 15th technical qualifications needed to complete the project items for two or more items, all items may be made by technical qualification of enterprise bidding alone, or by the bidding consortium bid.

Each party to the consortium shall not separate or forming a consortium with other bidders to participate in the tender. Project management should clearly form a consortium in the project tender document terms.

Among them, the Consortium focal points should have a foreign aid project implementation business qualifications.

16th to the successful enterprise project management on behalf of the Ministry of Commerce issued sets of project task notification.

Set project task notification letter is to complete projects related to engineering and technical personnel entry and exit as well as equipment and materials, construction machinery and equipment and supplies test basis for customs clearance.

17th the successful bidder shall not contract tasks within the scope of subcontracting, no key or main subcontracts and broken down into a number of components sub.

Winning enterprise technical qualification of the unit do not cover non-critical or non-main part of the project to other units, its subcontract, subcontractor and subcontract in an amount set out in the tender documents, as a condition of winning approval and written contract. Sub once identified, may not be changed. Successful enterprise should 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 governed by a contract procedure.

Winning Chinese engineers and technicians of the enterprises should be dispatched to the project directly contracted, labor contracts, protect the legitimate rights and interests of Chinese engineers and technicians, not for subcontracting. Encourage successful enterprises will be suitable for local implementation in recipient countries local subcontracting non-subjectivity on the project implementation borne or recipients of employment services, subcontracting and subcontracting shall be reported to the project management agency records.

Winning company organize local or employ local labour, should comply with the recipient country's relevant laws and regulations, strengthen the management of subcontracting, technical support and technology transfer.

The fourth chapter of the Chinese side of the project management

18th Ministry of Commerce is responsible for the approval of the Chinese side of the project's feasibility study 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.

19th Chinese construction project design including design, detailed design and construction details design three design phases, as well as professional and engineering survey two design preparation. 20th assume control of survey and design Enterprise shall be equipped with a dedicated team in advance, establishing work plans and protection measures, submitted to project management record, and tender and contract commitments to complete design tasks.

Design work should follow the norms, integrated planning, priority functions, investment matching, technological innovation, environmental protection, facilitate the maintenance and continuing development of design principles.

Article 21st project investigation and design enterprises according to the requirements of project proposals is responsible for preparing and perfecting the design.

Programmes should be designed to meet the requirements of project proposals, its content and scope, based on the technical standard and depth required by the project authority specified in the contract.

Design document upon confirmation of enterprise project management internal audit or review, project management record should be reported in a timely manner.

22nd project tasks of investigation and design enterprises is responsible for professional study, professional study of the preparations should be made and timely research summaries in a professional review process a recipient views, proposed working recommendations, with the design of external project management agencies to discuss, and under the guidance and supervision of the project management. Bear the task of investigation and design enterprises should study after the presentation of a professional inspection report.

External specialized investigation stage of documents are required by the project authority.

23rd programme design and professional investigation is completed and fully with the recipient at the technical level and prepared on the basis of technical communication, project management organization and recipient confirmation that the project design, and external implementation of the project agreement with the recipient, or minutes.

Because recipients are unable to sign foreign professional inspection stage implementation agreement, project management agency first signed with the beneficiaries summary of survey and design to determine the design of survey and design process and agreed division of responsibilities, and external implementation agreement with the recipient, or minutes.

Article 24th project investigation and design enterprises is responsible for construction engineering survey of the site, and start a project follow-up time for the design of engineering investigation reports submitted to regulatory agencies for the record.

Project tasks of investigation and design enterprises should be developed in advance of project construction sites and construction within the boundaries of the investigation programme, full exploration, survey, test and other necessary technical measures to implement engineering investigation and requested by industry engineering investigation report, fully and accurately reflect the construction site's topography, geomorphology, geology, hydrology, as the next phase of the technical basis of the project design work.

25th article enterprise is responsible for the detailed design of the project reconnaissance and design tasks.

Detailed design should comply with the design requirements and meet the EPC project management organization tender or according to requirements to accurately prepare project estimates, based on the technical specifications and standards, as well as design documents the depth required by the project authority specified in the contract.

The 26th project management enterprises should deepen the self test or the review of the design of the project, highlights include:

(A) confirm the design in line with approved project proposals, agreed upon by the external programme design and engineering survey results;

(B) confirm the design extending to the contract, with no major gaps;

(C) confirm the design specifications and standards for accuracy;

(D) confirmation matching quantities follow-up implementation or project investment budget to meet bidding requirements;

(E) Recognizing the technical specification of main equipment material complete, clear, according to equipment and materials selection, and there is no designated or disguised form of specifying the product illegal.

Project tasks of enterprises should be based on the project management of investigation and design enterprises review, make changes to the design, and project management for review and approval.

Foreign provisions designed to deepen the implementation of the agreement of the recipient party review, project management enterprises should be by internal audit or examination and approval of detailed design documents submitted to the recipient review, complete the required confirmation of the external review.

Project management enterprises shall on completion of this deepening internal review and external review procedures, will finalize the detailed design report project management agency records.

27th General contract project construction enterprise based on detailed design documents detail design.

Detailed design of construction shall conform to the provisions of the detailed design, can accurately establish engineering quantity list and construction organization design and construction budget, meet the design and selection of materials procurement and non-standard equipment, component production needs, according to construction and installation engineering inspection and acceptance, depth of design documents required by enterprise project management and General Contracting companies clear.

Construction details can be designed according to the schedule prepared in stages, approval to direct the construction of project management enterprise. 28th project management enterprises should set up a project management team, project management. Site management group is responsible for the design, construction supervision, quality control, and coordination of professional engineering and technical personnel, has the approval of construction drawings, process quality and safety supervision management and representatives of agencies coordination of external implementation agreement with the recipient's ability to honour. Among them, the team leader should have a design consultation with senior professional titles, two-level construction teacher quality or qualification of construction supervision and project management experience.

Enterprise project management on-site management group sent from enterprise project management project management approval and submitted to the consular and commercial institutions in the recipient country for the record. Project total contracting enterprises should set up domestic logistics section technical group responsible for the project and construction of domestic support services and on site construction management. Construction technology group consists of at least the leader, Chief Engineer, quality, security and other related professional engineering and technical personnel, of which, construction technology group leader should have more than two items registered construction engineer and project management experience, the quality and the safety officer should have a national building authorities approved the post implementation qualifications and relevant work experience.

Construction technology of group leader and principal officers approved by the enterprise project management enterprises of engineering general contract and project management and consular and commercial institutions in the recipient country for the record.

Construction technology of on-site project management group and group leader accountability system into practice. 29th in the previous construction phases of the project, project management enterprises should, in conjunction with engineering general contract enterprise before construction technology to give the low-down to clarify technical issues, joint management and deployment preparation.

Technical disclosure will be chaired by the project management enterprises, the main Designer, site of the project management group, national logistics section and major head of technology and management in construction technology group, project management oversight.

Technical meeting minutes shall be submitted to the project management body of the record.

30th project total contracting enterprises should be based on construction technology to give the low-down before consensus on bid conditions based on modified construction organization design and logistics, procurement, supply and quality, progress, security assurances and other special plans, project management approval.

Project management under construction technology to give the low-down before consensus on preparation of construction organization design of enterprises as well as general contract and various special programs, improving project management plan, together with a final instalment of construction organization design and various special plans submitted to regulatory agencies for the record.

31st general contracting company responsible for organizing the construction of the necessary machinery tools and equipment and material procurement and transportation, and accept supervision by the project management enterprises.

Shipped from China's customs territory of purchasing equipment, materials quality inspection and port inspection in accordance with the relevant external aid testing and inspection and management regulations.

Project management enterprises based on project management plan to take witness sampling, witness testing and factory inspection and other control measures are necessary.

32nd project management and General Contracting companies should work together well before the construction site preparation work.

Engineering general contract enterprise should be completed in time and the recipient of the construction site transfer, temporary facility construction and engineering with the urban condition, and organized one of the first engineers, construction machinery tools and equipment and materials arrived at the construction site.

Project management enterprises should strive to work onsite management and supervise engineering General Contracting enterprise of construction site preparation.

Article 33rd project management enterprises should, in conjunction with engineering general contracting business urges the recipient Government agreements and external implementation responsibilities under the agreements, and to assist the recipient to solve the technical problems.

Representatives of recipient to send the site, project management enterprises should be agreed with the recipient on behalf of responsibilities, establish working mechanisms. 34th project management enterprise starts applications submitted in accordance with general contract enterprise, confirmed all previous construction work completed, start the necessary personnel, equipment and materials and construction machinery, machine tools or admission, written order to commence after the start condition is met and inform the recipient in writing and submitted to regulatory agencies and consulates and commercial institutions in the recipient country for the record.

Start order is officially starting the project basis for the duration of the contract.

35th project management enterprise to enter the construction site of all equipment and materials and construction machinery, equipment for control.

All access to the construction site equipment, materials and construction machinery, machinery shall be reported by the general contract enterprise project management enterprises that sign and provide proof of quality in line with design requirements.

Has that sign to enter the construction site equipment and materials and construction machinery, machine tools or to exit due to reasonable grounds, enterprises should report of engineering general contract project management approval. All equipment and materials should be stored and ordered by general contract enterprise security management and using prescribed test procedures or before standard tests. Relating to structural safety of subjects or specimens, specimens in project management, site supervision and material should be sampled and sent with the corresponding qualification test unit for testing.

Without fail to pass the test or test may be used.

And design requirements and quality standards are not in line with or without acknowledgment of plant materials and construction machinery, machine tools, engineering general contract enterprise at the request according to the project management company out of the construction site.

36th project management enterprises General Contracting enterprise of all persons to enter the construction site supervision. Project total contracting enterprises will enter or exit the site lists project management corporate audit.

Among them, the construction team leader and key management personnel, special operations personnel and high-risk operations personnel should comply with the licensing requirements, and certified all engineering technicians and engineering general contract enterprise with a labour contract.

General Contracting enterprise to enter the construction site management and engineering management, establish and perfect the job education and training system, urge it to comply with local laws and regulations and Foreign Affairs discipline, maintaining their personal and property safety, security, dignity, religion and other legitimate rights and interests of legal and compliance handling labor disputes.

37th project management enterprise is responsible for the supervision of the whole construction process of engineering general contract enterprise and undertaken jointly with engineering general contract enterprise project quality, progress, security and investment control.

Project management enterprises should timely engineering general contract Enterprise submitted for examination and approval of construction organization design and other special programmes, special construction adjustment programmes, monitor their plans or programmes approved by the field operation.

Detailed design of construction project management company is responsible for approval and supervision of engineering general contract enterprise according to the drawings.

Project management enterprises should oversee the project general contract Enterprise strengthen working procedure management, implementation process construction technology to give the low-down, process inspection and delivery inspection procedures, after passing the assurance process to enter the next step, implementation and concealed key parts of the engineering and construction site supervision.

Project management enterprises should oversee the works general contractor to do part of the routine quality check, audit in a timely manner to handle parts for construction quality acceptance of, quantity surveying contract funding approved and node.

Project management enterprises should oversee the project total contracting enterprises carrying out GB/T19000 and GB/T50430 quality system standard, GB/T24000 standard of environmental management system and GB/T28000 occupational health and safety standards, standards development and implementation of assurance plan in advance, establish and improve the standards system, the staged audit and process monitoring of the effective implementation of the standards.

Project management enterprises should supervise the subcontracting management of engineering general contract enterprise, construction general contractor subcontract or of violations of the subcontract as provided herein, be stopped and corrected until the suspension construction measures, and report to the project management Institute.

Enterprises should establish a sound project management and engineering general contract enterprise and recipient site representative meeting system, timely solutions in the construction of the major technical issues and international coordination. Enterprise project management for performing duties of supervision and administration, instruction and notification in writing to engineering general contracting business, verbal instructions can be issued in emergency situations and to give a written confirmation within 48 hours.

Instructions and notification for enterprise project management, engineering general contractor should be implemented, which may generate controversy and loss responsibility afterwards separately by the two parties through dispute settlement established by the project management Institute project. Project management enterprises should be submitted regularly to the project management briefing.

A major safety issues and emergencies that may affect project implementation reports in a timely manner.

38th construction in the process of such approved design documents, construction organization plan, special plan, special construction programs there are errors or technical objectives cannot be reached by the original technology path, project management and General Contracting companies can conduct technical negotiations with the change. Technical negotiating programme proposed by the general contract enterprise, upon approval by the project management, the two sides signed a summary of the technical negotiations confirmed. Project management enterprises shall not ultra vires approval conditions of any resulting contract negotiation issues, approval shall be granted only to simplify the construction or reduction works, may reduce the design standards or impact use, may result in a claim or dispute and his lack of technical necessity to negotiate matters.

Project management techniques should be discussion summary of the record of project management in a timely manner.

Within project management contract authorized engineering General Contracting and technical negotiation of matters within the scope of project management enterprise issued an audit opinion, project management agency.

39th general contract enterprise in the construction process of the project recipients in the management and maintenance of assigned personnel to carry out the necessary technical guidance and training to make it become familiar with the equipment operation, maintenance of main equipment material requirement and replacement of wearing parts ways, beneficiaries in the project after the completion of the basic operations, maintenance and management capabilities.

Project management enterprises dealing with engineering general contract enterprise in the process of implementation of the technical supervision of training responsibilities. 

40th construction process, project management enterprise representatives shall, under the guidance of the project management Institute project management communication with recipient's external implementation matters relating to the implementation of the agreement.

Case of substantive changes to external implementation agreement or controversial issues, project management enterprises should be based on the situation to develop response plans, project management agency external consultations.

Project management enterprise's consultations should be made in writing and keep it.

Project General Contracting companies should work with the project management enterprises and recipient of external consultations, and is subject to coordination of project management enterprise.

41st project management enterprises should, in conjunction with engineering general contract Enterprise one month in advance to project management organization for middle groups of acceptance of an application and attach post interim report. Project management organization responsible for organizing the project acceptance of medium-term and medium-term inspection reports issued by the acceptance of the Group of experts.

Conclusion for qualified interim inspection report is confirmation that the project be admitted to subsequent construction phases to achieve contract objectives and basis.

In the case of acceptance does not affect the medium-term, approved by the project management enterprises, enterprises can be moderate in advance for subsequent construction of engineering general contract.

42nd project management enterprises should, in conjunction with engineering general contract Enterprise one month in advance to the project management Institute jointly applied for acceptance and attach a self test report. Project Administration Office for project completion and acceptance of and acceptance by the Group of experts provide the final acceptance report.

Conclusions for eligible full realization of contract completion report is confirmation that the project goal and allowed to handle foreign technology acceptance and transfer basis.

43rd engineer general contractor should be approved by the project management of construction details based on the construction technology in the process of negotiation and change, as well as the actual inspection, compiling drawing on completion of project, reflect the results of the final product of the project. Built with the construction process using prepared in Chinese and foreign languages may not supplement after the completion of the works.

Built by general contractor stamped "drawings" identified, construction technology group leader and as-built drawing preparation personnel signing, and approved by the management audit of the project by the project management team leader to sign it.

Built into the scope of acceptance of the project management Institute. 44th General Contracting enterprise is responsible for the preparation of project maintenance instruction manuals, project management enterprise to monitor the preparation of the audit.

Maintenance instruction manuals should be incorporated into project management scope of acceptance.

Maintenance instruction manual shall be in Chinese and foreign languages to prepare, ensure that the content is complete, accurate, and not to bring your own description instead of the maintenance instruction manual.

45th after passing the final acceptance of the project, Project Management Institute project management enterprises should be required according to the external implementation agreement, the Parties shall jointly with the recipient organizations the technical acceptance of the project, the two sides confirmed completion after project implementation agreement signed a summary of the technical acceptance. Acceptance of foreign technology, project management institutions on behalf of the Ministry of Commerce and the recipient for the intergovernmental transfer procedures.

Projects built and maintenance instruction manuals should be intergovernmental transfer attachments.

After the project is completed the intergovernmental transfer, Project Management Institute project completion reports should be submitted in time to the Ministry of Commerce.

Article 46th unless recipient is responsible for has been completed and the operational management of the project, project General Contracting enterprise should provide long-term technical support projects have been completed and handed over.

Recipients need Chinese cooperation continue after the project is completed, to provide the necessary assistance to support, the Ministry of Commerce assistance cooperation arrangements agreed with the recipient during the project phase, specified in the project agreement and implementation agreement with foreign, from project management into the scope of Engineering General contracting organizations in conjunction with the implementation.

For outside the assistance and cooperation of a long-term technical support, engineering general contracting business should be completed before the transfer of cooperation with the recipient, duration of service, implementation plans and cost shall be determined through commercial contracts.

The fifth chapter of Chinese construction project quality management

47th enterprise project management and General Contracting companies should follow this approach and contract quality responsibility of project, project management agency responsible for supervising the implementation of the responsibility for the quality of management.

The 48th Ministry of Commerce to develop and publish the catalogue for the guidance of main equipment material of complete foreign aid projects (hereinafter referred to as the main material catalogue), according to the market reputation, supply guarantees, service capacity outside elements such as a clear foreign policy of providing complete sets of major equipment and materials of the project-oriented principles and recommended.

Complete catalogue of the main materials used to guide projects feasibility studies and project work.

49th article project engineering survey enterprises shall have the following obligations:

(A) lawfully obtained technical qualification within the investigation, does not subcontract and illegal subcontracting;

(B) in accordance with the relevant technical norms and standards and the recipients of special technical requirements for implementing engineering, is responsible for the quality of engineering investigation results;

(C) surveying, measurement and field testing and laboratory technology based on the preparation of engineering investigation results documents based on project characteristics;

(D) ensure the investigation outcome complete, true, accurate, and meet the needs of design, construction and soil management, licensing and registration officers to sign it.

The 50th programme design, project design and detailed design of construction enterprises shall have the following obligations: (a) legally obtained technical qualification in engineering design, subcontracting and not illegal subcontracting;

(B) in accordance with the outcome of engineering investigation and engineering design principles of this regulation, ensure that the document signed by registered practitioners, responsible for the quality of design documents;

(C) the project agreement between the Government and the Ministry of Commerce will, feasibility studies, project proposals within a phased design, ensuring a phased design documents conform to the design documentation requirement in the previous phase, design documents extending to the requirements;

(D) ensure the design documents complete and accurate, there are no outstanding design or specification, books in lieu of content; (E) the design file selection of equipment, materials and components should be marked specification, model, performance specification, quality should be in line with Chinese regulations and standards stipulated in the contract or the recipient country.

In addition to material with special requirements, special equipment and technology, not by specifying or disguised design to specify product or vendor.

51st engineering general contractor shall have the following obligations:

(A) lawfully obtained technical qualification of project construction work, subcontracting and not illegal subcontracting; (B) in accordance with the approved construction detailed design and construction organization design and construction technical standards stipulated in the contract, and recipients of special technical requirements for construction.

Errors found during construction design documents and drawings, project management enterprise solutions should be proposed changes in a timely manner;

(C) during the construction process and carry out the GB/T19000, GB/T50430 quality system standards and GB/T24000 environmental management system standards, establish and perfect the quality standards guarantee system and accountability;

(D) according to engineering design and contract procurement and supply equipment required materials and construction machinery and equipment and to ensure its quality, according to material inspection and customs clearance procedures for foreign aid;

(E) to establish and improve the construction process of testing system, according to the technical design standards and contract to test equipment and materials; (Vi) strict construction process management.

Appearing in the process of quality problems or check the unqualified acceptance of projects be repaired in a timely manner.
52nd addition of quality problems caused by improper use of the recipient and project total contracting enterprises completed projects within the scope of its contract, in the quality of life within a reasonable period without defect guarantee responsibility.

Project of no defects quality guarantee period since project management institutions completed completed acceptance and handle finished foreign technology acceptance procedures of day began starting, in normal using conditions Xia of points part items engineering of quality guarantee minimum years implementation China national standard or recipient country local legal regulations of mandatory provides (to term elderly for associate), China national standard or recipient country local legal regulations no provides of, by project management institutions and engineering total contracting enterprise in contract in the agreed.

Engineering total contracting enterprise should in submitted project completed acceptance application Shi together to project management institutions issued no defects quality guarantee, clear project the part and the equipment material of no defects quality guarantee range, and guarantee term and related of warranty responsibility, developed and corresponding implementation quality warranty plans, at least in project completed 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 bear quality warranty costs.

Sixth chapter of Chinese construction project schedule management 53rd of Commerce determined during the project phase construction period of the project.

Project construction period is determined, no change.

Requested by the recipient to shorten the construction period of the project, the Ministry will set up a special construction duration and the supporting work measures and additional investment into the scope of the project in conjunction with recipient agreed.

Ministry of Commerce is responsible for the project management organization implementation project by project construction period management of the whole process; project management Institute project management through procurement procedures business and engineering general contract Enterprise survey design and construction contract progress management task's deadline.

54th project management enterprises and undertake the task of project reconnaissance and design enterprises should share responsibility for investigation and design schedule control responsibilities.

Bear the task of investigation and design enterprises external factors that might affect the progress of the investigation and design should be incorporated into progress control of survey and design, in the event of a recipient under adverse conditions such as insufficient coordination and risk factors, take the initiative to take the necessary measures to strengthen the coordination of external communication and risk response, contract progress to ensure completion of survey and design tasks.

Project management enterprises should self-test or supervise the progress of investigation and design in time, or help solve major problems affecting the progress of investigation and design.

55th project management and General Contracting companies should share project progress control responsibilities.

Engineering general contract Enterprise external factors that might affect the construction schedule should be incorporated into schedule schedule control, in the event of poor recipients meet under such circumstances and risk factors, take the initiative to take the necessary measures to strengthen the coordination of external communication and risk response to fulfill the contract schedule to complete construction.

Project management enterprises of engineering general contract enterprise duration schedule supervision and control, assisting engineering general contract Enterprise solving the protruding problems affecting the progress of time.

The 56th article due to reasons such as the owner's liability and force majeure as provided herein, and related enterprises had taken the necessary measures to lead project of surveying, design and construction progress of the agreement cannot be achieved, project management and related enterprise adjustment of the contract schedule. Corporate contract schedule adjustment programmes should be introduced, after the examination by the project management enterprise project management organization.

Project management organization contracts with the enterprises signed a supplementary contract schedule adjustments.

Contract progress adjustment beyond the external implementation of the project agreement deadline, project management should external implementation of supplementary contract with the recipient.

57th during construction of the project, except in the following cases, project total contracting enterprises may not on its own moratorium on the construction of the project in whole or in part:

(A) due to the owner as provided herein responsibilities or force majeure risks cannot continue construction;

(B) in response to the needs of serious quality and safety accident suspended a portion or all of the construction;

(C) the survey design or construction quality problems identified, continued construction could lead to greater losses.

Engineering general contractor project management enterprises should be available to partially stopped or lockouts applications, time or conditions of justification and resumes, and after approval to suspend construction.

During the suspension, general contract Enterprise shall protect, store, ensure that the parts or all of the works do not produce deterioration, loss or damage.

After the resumption of construction, engineering, general contractor to make a timely return to application to enterprise project management, resume construction after approval.

Project management enterprises to carry out project management responsibility, enterprises can also take the initiative to general contract issued suspension orders, clear grounds for suspension and recovery time or conditions.

Project management enterprises should all shut down and more than seven days of partial shutdown project management organization for the record.

Seventh chapter of the Chinese side of the project investment management

The 58th article of Commerce and project management agencies according to the approved project investment, project investment quota management by objectives and the whole process investment control.

Absolutely necessary to adjust the project investment quota under special circumstances, the Ministry of Commerce shall be approved according to the original process again. 59th project preparation phase, the Ministry of Commerce according to the approved investment project proposals and project feasibility study report estimates, and as a reference after the addition of a certain proportion of risk reserve investment limits. Risk reserve to supplement not for project management in the project implementation process corporate or general contracting company led to increased investment.

Ministry of Commerce approve risk reserve use.

Risk reserve adjustment coefficient according to recipient countries and local political and security situation, recipients perform capacity of Sino-foreign Division, technical complexity, project implementation and other factors identified, specific measures for determining as described in Schedule 1. Article 60th enterprise project design should be based on design preparation of project investment evaluation, and project management for the record.

Investment estimation should be controlled within the estimated range of investment.

Project investment estimation should be guided by the following principles:

(A) covers all costs of construction of the project;

(B) to ensure that investments to match the proposed project;

(C) indirect costs rate provisions in line with the Ministry of Commerce fees standard;

(D) a reasonable estimate of its project implementation unpredictable risk factors and rising prices. 61st P-C contracting project, detailed design documentation by project management enterprise investment budget, project management agency records.

Use of EPC contract project, designed by engineering contracting enterprises by deepening file and request the investment budget, enterprise project management review.

Investment budget shall be controlled in the context of investment estimation and design match, set item unit cost, scientific equipment and material price, amount of materials, labor, premium international and local transport, comprehensive manual price and duration, all major economic indicators.

62nd project investment survey and design, project management, project engineering, construction and installation engineering fees and works independent of five parts, project specific cost components as described in Schedule 2. 63rd projects involving physical works or workload should adopt quotas method, specific presentation of investment quotas according to the engineering design phase identified by the project management Institute.

Quantity or price based on workload related to external assistance requirements or price group price. Projects (revised) budget should be disaggregated in RMB, US dollar and local currencies are denominated in RMB for the final unit.

Yuan-dollar exchange rate, are programmed (revised) estimates released by the Bank of China when the dollar selling price, by recipient countries in local currency the Central Bank's dollar to dollar purchase price calculation of the local currency.

Eighth chapter of China's safety production management of construction project 64th enterprise project management and general contracting business in accordance with these measures and contract project production responsibility.

Project management agency responsible for supervising the implementation of the safety production responsibility management.

The safe production management of the project shall comply with the "safety first, prevention first" principle. 65th project engineering survey enterprises shall, in accordance with the relevant Chinese engineering survey of mandatory standards and mandatory provisions of the laws and regulations relating to engineering survey of recipient countries for investigation, engineering investigation files to ensure that the true and accurate, and meet the needs of project safety production.

At the time of survey, responsible enterprise should follow the survey job procedures, take steps to ensure that all types of pipelines, facilities and safety of surrounding buildings and structures.

66th article project design, detailed design and detailed design of construction enterprise should ensure that the design of the engineering survey results and technical standards stipulated in the contract, comply with national standards of China and recipient by the mandatory provisions of the laws and regulations relating to safety, there is no unreasonable design may lead to accidents.

For the project design of new technologies, new processes and new materials, responsible enterprise should ensure the reliability and security of the technology, processes and materials, and research in the design to maintain job security and technical measures to prevent accidents.

For projects hidden projects, key parts of the main structure and special structures, responsibility model of enterprises should be carried out in safety tests or determined on the basis of strict design.

For projects involving maintenance, rebuilding and demolition, responsible business should be in the existing building or structural safety identification of structures based on design.

Responsible business should be set out in the detailed design documents safety article expounded: aiming at the construction site and the adjacent facilities, pipeline safety precautions required; for the security implications of the construction of special technical requirements of construction machinery equipment; according to some greater risk within the project site and link safety measures, etc.

67th General contract enterprise in project construction in the process of establishing safety rules and regulations, implementation of the responsibility system for production safety.

Construction technology of engineering general contract enterprise in production management group established, set up safety leading group headed by construction technology group leader, responsible for site safety and construction. Construction technology of engineering general contract enterprise in the group as well.

Safety officers should have the qualification as provided herein, before they accept foreign aid management system and implement the occupational health and safety management system standard of professional training, supervising production Executive, organizational safety and specific responsibilities such as security checks on a regular basis. Engineering general contract enterprise in the construction organization design of enterprises under the guidance of project management and construction in accordance with the provisions of the code and standards.

Involving dangerous parts engineering and construction site accident-prone sites, links, should be prepared before the construction safety construction plan and shall attach a safety check results and, if necessary, should organize experts to demonstrate the safety construction plan and review.

Engineering general contract enterprise in the process before construction safety construction technology to give the low-down, implement the security requirements for construction technology and technical disclosure records.

Project total contracting enterprises should establish special operations personnel management system, for vertical transportation, installation and removal, ascended the erection and other special operations personnel, verifying its technical qualifications may be granted only after operation, and establish and improve special operations personnel management, improve the daily training.

Project total contracting enterprises should establish and improve construction site vertical transportation and special operations such as hoisting and lifting equipment management system, strict safety inspection of special equipment, specifications after installation and commissioning acceptance procedures, regular inspection, maintenance and repair and maintenance management.

Engineering general contractor construction site workers to take proper safety precautions, purchasing, leasing and use protective equipment meeting safety standards, construction machinery, machine tools, and issued strict safety protective equipment supplies and construction machinery, equipment inspection, maintenance, repair, and specification for construction site safety warning labels.

Project total contracting enterprises should improve fire safety management in construction site, the development and implementation of fire safety rules, setting up fire exits, fire water, equipped with fire-fighting equipment and fire-fighting equipment, standard fire safety logo.

Engineering general contractor should be reasonable according to the security location and temporary production and living facilities, GB/T28000 occupational health and safety standard can be implemented during the construction process, establishing and perfecting the guarantee system of standards, continuing for occupational health and safety hazard identification, risk assessment and risk control measures.

68th project management and General Contracting companies should be dispatched to overseas Chinese to perform project tasks of the enterprise for personal accident insurance, insurance conditions and insurance is subject to China's relevant laws and regulations, should cover the major risks to perform tasks outside, and bear the costs of insurance.

Project management and General Contracting companies should bear project task for the enterprises in the overseas employment of foreign technicians or workers for personal accident insurance, insurance liability insurance conditions based on recipient countries and relevant local laws and regulations shall prevail and bear the costs of insurance.

Nineth part Chinese construction project risk management

69th of Ministry of Commerce established in accordance with the market-oriented principle project risk mechanism, clear project involves risk, risk bear the main responsibility, and complete the appropriate liability insurance and insurance system. 70th project involves risk factors include political and diplomatic risks, landlord liability risk, force majeure risks, design changes, risks and operational risks, such as five.

Occurred in the political and diplomatic risks for the project and owner liability risk, the Ministry of Commerce responsibility through contract filling; the Commerce Department to bear the costs of engineering insurance limited and related companies that force majeure risk; design changes, risks and operational risks, by the enterprises themselves.

The 71st article of Commerce in accordance with the "policy safeguards, market-oriented operation of" the principle of supporting projects to establish the project's insurance and liability insurance. Insurance for that force majeure risk, covered by the liability enterprises as the main body, responsible for enterprise and the Ministry of Commerce for the beneficiaries of the insurance, the insurance costs borne by the Ministry of Commerce.

Force majeure beyond the engineering insurance risk assumed by the responsible enterprise.

Professional liability insurance for project design and project management, professional responsibility, covered by the liability enterprises as the main body, the Ministry of Commerce for insurance beneficiaries, the insurance costs borne by the responsible enterprise.

Engineering quality insurance for project engineering quality of non-defect guarantee responsibility, covered by the liability enterprises as the main body, the Ministry of Commerce for insurance beneficiaries, the insurance costs borne by the responsible enterprise.

Specific insurance scheme shall be separately prescribed by the Ministry of Commerce.

Political diplomacy in 72nd project risks and property owners liability risks, responsible enterprise shall, within 60 days after the accident according to the actual loss and contract contract price and contract duration applications for compensation in a timely manner, description and pricing based on the cause, the responsible party, after the examination by the project management enterprise project management organization. Quotation of project management institutions to respond to the authenticity of the material, rationality and reason to review the compliance of MOFCOM approval and approval of the Ministry of Commerce and relevant enterprises signed contracts to be provided.

If necessary, the project management organization should be deployed to the scene to verify the situation.

Responsible enterprise without good reason, fails to claim within 60 days after the accident, project management agencies can no longer accept the losses borne by the responsible enterprise.

The tenth chapter of the Chinese side of the project technical information management

73rd project management and General Contracting companies should be within the scope of the contract, pursuant to these measures and contract collection, project technical information, and a full range of technical information in the project completion acceptance and technical acceptance has been cleared within 60 days, transfer to the project management Institute.

74th project technical information which is divided into survey design, construction documents, completed files, checking files and project management files into five parts.

Among them, the documents bear the task of investigation and design of survey and design of corporate management responsibility; construction General Contracting enterprise of construction documents, as-built documents by project management responsibilities; check the file by file and project management project management corporate management responsibility.

75th project management enterprises and general contract enterprise should follow the project's progress and timely collection, project technical information, accurate, complete information, clearly legible, records detailed and no unfinished business, true and complete picture of project reality, and traceability.

No unit and individual shall forge, alter, withdraw or intentionally damage the project technical information.

76th project technical information retention period should be determined according to the design of reasonable working life, where the completed documents should be stored permanently. 77th Ministry of Commerce established the technical library, delegate specific management project management organization responsible for the technical library.

MOFCOM is responsible for supporting conditions required to guarantee technical library construction management.

Project management should strengthen technical library of standardized management and security protection, improve the level of information, and according to the annual thematic reports submitted to the Department of Commerce technical library management.

11th China construction project check and acceptance

78th project of medium-term acceptance and final acceptance of works, inspection and acceptance section, carried out by the project management organization.

Main works of the project have been completed according to the design requirements, self test and project management enterprises inspected, and related technical information has been finished by finishing as provided herein, enterprise project management, in conjunction with engineering general contract Enterprise formally submitted applications to the project management body, may appoint an interim inspection.

All the works have been completed according to the design requirements of the project, the main process equipment or ancillary equipment through load test running meet the functional requirements, or form a production capacity, self test and project management enterprises inspected, and related technical information has been finished by finishing as provided herein, enterprise project management, in conjunction with engineering general contract Enterprise formally submitted applications to the project management body may organize acceptance.

Projects submitted to the acceptance of applications for field verification of actual do not have the above provisions of the medium-term acceptance or acceptance criteria, project management institution shall not organize acceptance.

Investment limit is below 50 million Yuan and relatively simple technology projects, project management can be conducted not from domestic groups medium-term acceptance.

79th project management agencies should be selected according to law by the Ministry of Commerce certified qualification consulting unit and check up the Group of experts to the scene to acceptance of the project, in particular the composition of the expert group by the project management agency. Inspection team leader should have the relevant technical professional senior technical titles or qualifications and experience in project management or quality management practice, members should have intermediate technical titles or qualifications and experience in the practice of professional work experience, familiar with the relevant acceptance criteria, or related technical specifications for construction.

Acceptance of members of the Group of experts shall not project management enterprises or general contracting businesses are interested in may affect the impartiality of inspection.

80th in the delivery of project management organization before acceptance, construction projects, individual projects, project should be engineering, Division of works and is divided into five project grade, quality check and confirm eligibility:

(A) construction project is defined as a design for the construction, made up of one or several individual projects works, project management in general contract enterprise self-test based on the quality check and approval.

(B) single project is a separate design document, after the completion of works on its own role and benefit of the project, from project management in general contract enterprise self-test based on the quality check and approval.

(C) the project is part of a single project, General project is divided into two units of civil works and equipment installation engineering projects, project management in general contract enterprise self-test based on the quality check and approval.

(D) the construction is part of the project, it is common to divide the different engineering positions or Professional category, by general contract Enterprise post qualified, enterprise project management review confirmed.

(E) section or inspection lot is part of the Division works mainly divided according to professional jobs, engineering general contract enterprise self-test eligible project management enterprise inspection review confirmed.

81st our project acceptance shall be based on the Government project agreement implementation, external, internal contracts and bid commitments, design documents and technical negotiation and the contract, the acceptance of construction quality of standards, classification by mode of the project as provided herein made acceptance of the results.

Results are divided into three ratings of excellent, qualified and unqualified: (A) qualified.

Division engineering following ratings according to the industry standards for acceptance of construction quality; all qualified construction, this project be assessed as qualified; works of all eligible, the individual projects can be assessed as qualified; qualified all the individual works, the construction project can be assessed to be qualified. (B) fine.

Quality control of data integrity, security number and function of inspection and sampling inspection shall comply with the relevant requirements.

Points items engineering following, quality check project each items sampling test 100% meet design requirements and about industry construction quality acceptance specification provides, count sampling detection project each items sampling points in the, 90% above (steel engineering for 95% above) measured value in about industry construction quality acceptance specification provides of allows deviation range within, and other measured value maximum deviation not over allows deviation of 1.2 times times (steel engineering for 1.1 times times), the test batch can evaluation for excellent. Section contains inspection lots of sampling all qualified, more than 60% rated as excellent, the section can be rated as excellent.

Division engineering section of the sample contained all qualified, more than 60% rated as excellent, the construction may be rated as excellent.

Unit engineering construction are all qualified, more than 60% rated as excellent and the main structure, decoration engineering and project management division engineering should be fine as may be specified in the contract, sensory evaluation scores rate should reach more than 85%, the project can be assessed as excellent.

Individual projects-unit project is good, the individual projects can be assessed as excellent;

All individual works fine, no serious quality and safety accident, no significant acts of breach of contract approval and violation, the construction project can be assessed as excellent.

82nd the engineering quality acceptance criteria do not conform to the industry when there is qualified, should be processed in a timely manner, and to determine the level of quality as follows:

(A) re-assess the quality level of rework.

(B) with the reinforcing or identified by the statutory test unit can meet the design requirements, its quality should be assessed to be qualified.

(C) the statutory identification detection units do not meet design requirements, but recognized by the project management enterprise to meet the structural safety and performance requirements is not reinforcing; or reinforcing changes size or cause permanent defects, its quality is defined as qualified, but construction should not be rated as excellent.

83rd project inspection should be carried out by the acceptance of the Group of experts in accordance with the following procedure:

(A) the special verification of performance of the contract.

Project management enterprises and quality of engineering general contractor to perform the contract provisions, schedule, safety and control responsibilities included on-site technical negotiations and changes and approval, personnel and labor management compliance management of the special assessment.

Contract performance flaws or problems making it impossible to confirm the results of the project quality, should discontinue the acceptance.

(B) the construction technical data verification.

Within the comprehensive review and acceptance of construction technical data, including: equipment and materials, components of the quality of certificates and test reports; construction records; records of construction technical review records; acceptance of concealed work records part of engineering quality inspection and inspection records.

Construction technology for information management flaws or problems making it impossible to determine the results of the project quality, should discontinue the acceptance.

(C) the review confirmed.

Already has been concealed or medium-term acceptance partial acceptance and conclusion of the review had been confirmed and, if necessary, could be checked for damage and test.

(D) the actual checks. Through perception checks and checking, assessment and measurement of net output combined by project classification acceptance and ratings.

For projects with special needs, you should increase the sampling rate.

(V) the acceptance of the conclusion. These inspection results, pursuant to this regulation, in accordance with the "collective discussion and consensus" an acceptance of the principle conclusions.

Special cases had reservations but do not affect the acceptance of a conclusion, in the acceptance of reservations will be fully disclosed in the conclusion.

(Vi) reports results. Stationed in consulates and commercial institutions in recipient countries should be fully on the inspection and acceptance of the results.

Major problems found in the acceptance process, if shall promptly commercial institutions in conjunction with the Consulate in recipient countries to make special reports to the project management body.

84th inspection conclusions should be based on acceptance of the expert group preparing interim or final acceptance report, clear quality ratings and special assessment results, and the problems and put forward opinions and suggestions on follow-up. Inspection report by the acceptance of expert group members, on-site management team come into effect upon signature.

Construction technology of group leader or head of engineering general contract enterprise site acceptance report of Department sign, did not countersign to confirm or deny a report confirmed by the Department, and does not affect the validity of such acceptance report.

85th general contract enterprise in the process of acceptance of construction quality of found problems and questions raised by the report in time for rectification.

Completed acceptance during the rectification of the problem, by the acceptance report of the expert group conclusions and written acceptance of rectification; could not be completed during the period of acceptance of construction quality of rectification of the problem, supervised by the project management enterprises of engineering general contract enterprise in provisions for rectification within the time limit, the rectification result rectification conclusions on the acceptance of the Group of experts added.

12th chapter recipient since the construction project management 86th article to improve the recipient's capacity for independent development, construction of model implementation by China to encourage recipients complete projects or sets of the main tasks of the project phases.

Recipients have expressed desire or the Chinese agent there are practical difficulties in cases, complete items that meet these criteria, agreed by the recipient, recipient since the model can be taken:

(A) the recipient has complete project construction bidding laws and regulations and the management system;

(B) the recipient has independent responsibility for engineering survey and design ability or unacceptable to the Chinese side has completed the feasibility study, survey design and other preparatory work, with its organization and implementation experience, and be willing to accept external supervision of the Chinese Government;

(C) the investment limits clearly, China and recipient to assume clearly defined division of responsibilities and costs, and risk control.

87th recipient since the model project, recommended by the recipient from the Chinese enterprises in accordance with its laws and regulations in the context of tendering procedures selected enterprises; consultation by both parties, can also be selected by the recipient in the recipient enterprise-wide implementation of an enterprise. Project Management Agency and recipient agree on recommended business terms and conditions.

Project management agency in consultation with the Embassy in recipient countries 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.

88th recipients build mode sets of projects, project management organization should be the recipient signed a summary of the project, specific contract recipients build projects, technical standards, investment control, representatives of regulatory and supervisory procedures, and both rights and obligations, and so on. Project management organizations should be legally designated project management enterprises limited the recipients build project implementation supervision to ensure recipients press summary of the project agreements and project implementation between the Government to complete the project.

Project management enterprises should prepare and implement a project plan, including: (a) the Chinese assessment of feasibility study and intergovernmental supervision and recipient of bid preparation technology of the project agreement;

(B) overseeing bidding procedures for recipients, assess the compliance of its bidding procedures and confirm the bid results;

(C) on the implementation of project contract and project quality, progress monitoring, security and investment control, periodic thematic report to the project management Institute;

(D) audit a recipient's application for funding;

(E) project change requests submitted by the recipient and a preliminary review to the project management body of opinion. In the process of implementing limited regulation, project management companies are finding is or is about to occur on the project quality, safety and duration defaults or breaches of causing significant harm, should be submitted in writing to the recipient the recommending.

If a recipient fails to take timely and effective measures, enterprises should promptly report to the project management body of project management, project management institution may suspend or terminate the project funds allocated for audits.

89th recipient since the model project, project funding should be based on the recipient signing and implementation of an enterprise contract and project management enterprises issued by the auditing implementation funding allocated directly to corporate accounts, and accept the supervision and inspection of the relevant authorities on the use of funds.

90th recipients build mode after completion of the project, project management enterprises and recipient side to final acceptance of the project.

Project management enterprises should promptly urge recipients to submit project reports and supporting outcome documents, and project management for the record.

Project management organization responsible for recipient processing project completion confirmation certificate. 91st recipient from construction 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.

The 92nd for the recipient since the construction project, in line with one of the following situations, the project authority may not be delegated project management enterprise, audit, inspection, and other non-accredited limited supervision:

(A) due to safety factors cannot send project management enterprise to recipient countries;

(B) to provide project management cost total project cost too much.

Supervision and administration of the 13th chapter

93rd bodies according to this approach to project management organization to implement the project, specification to the Ministry of Commerce for filing and approval procedures establish robust information reporting system, implementation of projects submitted to the Ministry of Commerce monthly according to project a major quality, schedule, safety and cost control issues, thematic report to the Ministry of Commerce in a timely manner.
Department of Commerce project management organization supervise and inspect the implementation of the project.

94th article project management institutions should by this approach established project technical supervision review system, law organization stable of independent experts team on project management enterprise and engineering total contracting Enterprise stage submitted of results file for full process of special technology supervision, supervision focus including security, and investment match sex and project intent consistency,, timely found exists of major technology, and security and investment runaway problem, issued supervision review views, and take measures supervision related responsibility Enterprise timely corrected.

The 95th established major project inspection system of the project management, site supervision and examination of project management enterprises and enterprises of engineering general contract project and contract management system.

96th project management contract to manage business enterprises inside and outside funding and general contract for supervision and management, ensuring that funds earmarked for foreign aid, accounting, and are not diverted to other uses.

97th project management should establish and improve the technical dispute settlement mechanism of the project through a project Advisory Committee of experts, specification consulting, and arbitration rules of procedure of the Committee of experts, on project management during project implementation business contract between the company and general contract disputes, technical disputes and third-party reviews of significant quality and safety dispute and arbitration, to improve the technical management of the project quality and efficiency.

98th project quality and safety accident, causing casualties and property losses, Project Management Institute project management should be unity of command business and engineering general contractor for emergency rescue and on-site disposal to prevent accidents expanded, protect the scene of the accident, preliminary investigation and evidence collection, and timely reports to the Ministry of Commerce.

Project quality and safety accident as a general, serious and extremely serious and extremely large four level process. General quality and safety accident occurs, project management organization should be three calendar days after the accident report the Ministry of Commerce.

Project management organization responsible for the accident, and make a decision within 30 working days. Serious or extremely serious safety accidents occur, project management organization should be within 24 hours after the Commerce Department reported the accident. Department of Commerce responsible for organizing the investigation and handling of accidents, and make a decision within 60 days.

In exceptional circumstances, may be appropriate to extend the deadline. Special quality of major safety accident occurs, project management organization should be within 24 hours after the Commerce Department reported the accident.

MOFCOM shall report within 12 hours after receiving the accident report to the State Council, and according to the decision in conjunction with the competent departments of the State Council investigation team to investigate the accident, in 90 days to complete the accident investigation and accident investigation report to the State Council, approved by the State Council before implementation.

14th chapter legal liability

99th article sets project implementation enterprise has following behavior one of of, except by contract provides bear compensation responsibility outside, Commerce give administrative 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 safety provides, caused major safety accident of;

(C) a project quality accident or forming a project quality risk, the Ministry of Commerce a rectification, it fails to mend; (d) the project investment out of control and caused financial losses of the State;

(E) specified in the design document or a disguised form of specifying the product;

(Vi) unauthorized approval of design changes led to projects departure from China and recipient agree on project content; (g) fails to perform or delay in performance of the contract, affecting the normal implementation of the project, causing serious adverse effects;

(VIII) alter the personnel, the Ministry of Commerce a rectification, it fails to mend;

(IX) no serious adverse impact on management according to law;

(J) the violation of the misappropriation of funds for aid projects as provided herein.

Project enterprise violates the provisions of the first paragraph of this article under administrative, criminal punishment, from the date of entry into force of the administrative punishment in liangzhiliunian, do not complete their participation in the projects selected.

100th complete project enterprises are involved in the procurement process, any of the following circumstances, the Ministry of Commerce warned, may be fined a maximum of 30,000 yuan; violations of the relevant laws, administrative regulations, and shall be subject to administrative punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) fraud, gain an unfair competitive advantage;

(B) conspire with others involved in the procurement unit, seek illegal interests;

(C) procurement agency collusion, to the procurement agents, experts or bribe or other improper interests;

(D) a material change within the validity of the purchase commitment commitment.

101th article sets project implementation Enterprise main head or project head and the directly responsibility people not perform legal regulations and this approach provides of, Commerce ordered deadline corrected; late not corrected, or caused major security accident or major quality accident, serious consequences 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.

The 102th State Agency staff during the process of project management and project management of any of the following acts, 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 extort, or illegally accepting other people's property, for the benefit of others, (ii) abuse of power, negligence or malpractices for personal gain, resulting in losses to the interests;

(C) disclosing State secrets.

The 15th chapter supplementary articles

103th on concessional loans under the aid project, due to serious natural disasters or other force majeure event has implemented the emergency assistance projects and complete projects involving State security and secret, otherwise provides, from its provisions.

104th herein called the "above" and "below" contains the number itself.

105th terms involved in these measures see annex.

106th explain these measures by the Ministry of Commerce. 107th these measures come into force January 8, 2016.

The execution date, the measures for the management of complete foreign aid projects (for trial implementation) (Ministry of Commerce, 2008 18th), the administrative measures on work safety of complete foreign aid projects (for trial implementation) (Ministry of Commerce, 2006 15th) repealed simultaneously.

Annex:

The management of complete foreign aid projects terms

One of the fourth chapter

Design team: refers to, the parties identified building systemic within the boundaries to determine the overall layout, graphic combinations, space and form and function layout, planning and preliminary design of main structure of the building materials, such as content and prediction and estimation by matching the appropriate preparation of investment estimation of investment within the scope.

Professional study: is refers to in feasibility research report of based Shang, further collection project construction of economic, and technology information, detailed understand recipient country about legal regulations, and design specification, and technology standard and general practices; modified perfect design programme, and in technology level and recipient party clear construction sites and construction border, and design programme, and construction standard, and both Division, and work progress arrangements, design matters; assist project management institutions and recipient party specific agreed programme design.

Deepening design: is refers to determine project of detailed construction planning, determine plane and State surface design, determine the points part items engineering of shape size, and material requirements, and decorative decoration effect, determine the supporting system and the electromechanical installation engineering of system layout, and function selection, and installation requirements, detailed prepared can for main equipment, and material specific selection, and stereotypes of technology specification book, express construction stage may will appeared of risk factors, and in investment estimates range within by investment match principles corresponding prepared engineering volume listing and investment estimates.

Detailed design of construction: refers to a fully integrated construction site conditions and technical measures on the basis of a clear detailed construction practices in each part of the design.

Maintenance Guide: is included into the project each part of the routine maintenance projects, main equipment material quality guarantee period, maintenance requirements, instructions, exception handling, normal use of main equipment material manufacturer information and maintenance, please contact project maintenance instructions.

Long-term technical support: refers to the project after the completion of project total contracting enterprises operation and management training, long-term supply of spare parts, technical and management support services to ensure the continued effective operation of the project.

Project design guidelines are: (A) norms apply design principles.

Insisted will China engineering design specification and technology standard and recipient country local actual phase combined, for China specification and standard in the obviously from recipient country social economic development level of ahead technology content and other involved comfortable sex and the economic sex of content, not forced implementation; for and recipient country local municipal supporting, and and local natural conditions phase adapted or involved local construction regulations, and career security and environmental protection, mandatory requirements of content, priority selection local General specification or habits practices. (B) the overall planning and design principles.

Establish overall planning design guidelines, based on recipient country existing infrastructure capacity and based on conditions, ensure perfect function, complete supporting facilities, advanced technology applied on the whole satisfied "turn-key" and demonstration requirements. (C) functional design principle of priority.

Humanized design priority, strengthening the "people-oriented" design concept, on the premise of protection intrinsic functions taking into account effects such as decoration, to enhance the overall quality and level of project design. (D) investment in design criteria.

Ensure design content to match the investment arrangements advance appropriately setting building standards and scale of investment, establish demonstration images of local aid in recipient countries. (E) technological innovation design principles.

Fully encourage design innovation, according to "reliable utility, economy and reasonable principle of" actively introduced to reflect the level of project development of new technologies and new materials. (Vi) green design principles.

Emphasis on green design, may have a significant impact on the environment of the project, a comprehensive independent environmental assessment into environmental assessment and recipient countries; for major pollutants from project, sound environmental technology solutions, achieve sound emissions; in distinct areas of Humanities and social environmental projects, with full respect for styles and customs of the local cultural environment and achieve harmonious integration with the environment. (G) facilitating the maintenance of design principles.

Selection of technical equipment should meet the recipients of long-term maintenance and periodic overhauls the feasibility and convenience requirements, protection of major technical equipment in the recipients where the basic conditions of service. (H) sustainable development principles.

Consideration on sustainable development into the design of the project, from the design, technology, equipment and materials selection, investment control in all aspects of project cycle management and maintenance costs, to run after the project is completed to achieve sustainable and create favorable conditions for development.

Second, Nineth part

Political and diplomatic risk: refers to the political and diplomatic changes of policy adjustment or the impact on project implementation, including: war and nuclear war in question from country to country; changes in China's relations with the recipient country; confiscation, requisition the recipient country's legitimate authorities; changes in laws and regulations associated with the project or policy adjustments.

Owners responsibility risk: is refers to due to Commerce of responsibility or by Commerce agreed bear of recipient party responsibility on project implementation caused of effect, main including: Commerce and recipient Party agreed adjustment project construction content, and construction standard, and construction term, and foreign both duties Division, project content; commerce active requirements changes project contract conditions; commerce in project management in the of default responsibility and the Commerce agreed bear recipient Party of default responsibility,.

Force majeure risks: refers to unforeseeable, insuperable and inevitable circumstances the impact on project implementation, including natural disasters, accidents; recipient internal wars, strikes, riots, civil unrest and other emergency situations.

Design changes risk: refers to the survey design or management of investigation and design faults, defects, errors or omissions, such as the impact on project implementation.

Operational risk: refers to the market or changes in project total contracting enterprises operation and management responsibility for the impact on project implementation, including outside the bidding price and exchange rate fluctuations, quantity differences, as well as sporadic changes in management in construction site accidents.

Third, the tenth chapter

Technical information: refers to item, survey design and implementation process has a saved value of a variety of technical documents and reflects the General term for project preparation and implementation of the relevant carrier.

Survey and design documents: including feasibility studies, project proposal (including investment prediction) and approval documents, professional reports, design documents and investment estimation and engineering files, design files and the investment budget, and phased design approval document of the self test or the internal and external reviews, and so on.

Construction construction file: main including project procurement agreed file, and construction detail design file, and construction organization design, and special guarantee plans and special technology programme, site personnel management file and labor contract, equipment material, and construction mechanical and machines of procurement, and transport, and test, and signed recognize information, construction process of detection, and test, and check, and acceptance records, construction log, site financial information, regularly report and topic report,.

Completed documents: include as-built drawings, maintenance guidance manual and defect-free quality guarantee.

Checking files: includes mid-term examination application and its accompanying documents, interim report, final acceptance of application information, acceptance of reports and attach external technical acceptance of minutes. Project management file: main including project management plans and project management implementation rules, starts and stopped return approval file, admission points package units nuclear inspection records, main equipment material domestic inspection records, admission personnel, and equipment material, and construction mechanical and machines nuclear inspection records, construction process check acceptance records, project management log, technology negotiation file, management notification and instruction, project management meeting summary of or records, recipient party site Representative signed recognize of construction credentials, and notification, and Conference summary of, foreign coordination consultations file,

Financial information, reports and thematic reports on a regular basis.

Chapter four, the 13th

Common quality and safety accident: refers to the death 2 (inclusive), or property damage of 100,000 RMB (or more), 300,000 yuan (included) quality and safety accident.

Significant quality accident: refers to 3-9 others, or property damage of 300,000 RMB over quality and safety accident of up to 1 million Yuan.

Extra quality and safety accident: refers to the death of more than 10 people, or loss of property above RMB 1 million and 3 million Yuan (contain) quality and safety accident.

Special quality of major accidents: refers to the death of 30 people (or more), or safety of property losses of more than 3 million Yuan.

Appendix 1:

Risk coefficient reference tables

Estimation of investment (RMB) risk factor (%)

Main factor coefficient

Prediction is less than 100 million 11 0-4

100 million Yuan, 300 million Yuan, 500 million Yuan 1. when calculating the investment limits, risk reserve according to investment as a whole (pre) estimated 5%-15% to grasp. 2. According to the project's ability to resist risks, determine the project's main factor of the risk reserve.

Investment greater greater ability to resist risks, less risk reserves required, and vice versa.

3. According to the local circumstances, technical complexity, depth of bidding determines the risk reserve adjustment coefficient.

(1) higher project risk, might affect implementation, adjustment coefficients 1%, whereas does not increase;

(2) the foreign Division of labour might be adjusted, adjust the coefficients increase 1% and vice versa does not increase;

(3) due to technical complexity, depth of bidding and other reasons, may lead to project major changes, adjusting the coefficient 2%, whereas no increase.

4. the recipient project risk reserve to send complete project management enterprise cost calculated for the base.

Appendix 2:

Sets of project costs and fees cost reference table name technology mainly reference standard

, Survey and design Specialized investigation costs to recipient countries for professional technical study abroad groups charge and other necessary expenditure incurred in setting up.

According to the official provisional funding criteria or standards of treatment of foreign aid personnel abroad (for more than three months) to calculate. Survey of the engineering survey fees, costs of surveying and mapping, including reconnaissance, prospecting equipment, missions abroad and other study costs.

According to the investigation of complete foreign aid projects take fees, temporary study abroad funding authorized by the standard or standards of treatment of foreign aid personnel (over three months) and the actual effort to calculate. Design fee includes conceptual design, detailed design service, provides intellectual and foreign design review services costs.

According to the design of complete foreign aid projects take the fee standards and specific design tasks charging, external review of the fee charging for design.

Second, project management costs

Site management site independent of office expenses of complete foreign aid projects according to market survey to calculate.

Field management of complete foreign aid projects enterprise site management costs according to aid treatment standard, temporary overseas standards and market requirements for the public inquiry to calculate.

Construction supervision on construction quality, progress, investment monitoring, security control requirements according to the standard of construction supervision charges of complete foreign aid projects to calculate.

Coordinated management of the whole process of complete foreign aid projects overall planning, coordination, coordination, managing the cost of construction and installation cost price times the management fees.

Third, advance works Site preparation site preparation, Earth balance, such as costs incurred according to quotas method to calculate.

Unable to use the fixed method, based on the physical quantity to calculate.

Municipal equipment project costs for construction and the introduction of field water supply, drainage, power supply, communication, temporary road works costs incurred.

Other preliminary site land acquisition, building demolition, structures or obstacles removed and underground pipeline relocation costs incurred.

Four, construction and installation engineering fees Construction details construction design in detailed design based on detailed design and decoration design requirements for the second time.

According to the design standard of complete foreign aid projects to calculate. Project direct labour costs, including labor costs in China and local labor costs, engineering general contract Enterprise except for personnel costs.

According to quotas method to calculate, and unit price of comprehensive labour according to aid treatment standards, local labor market and efficiency ratios and employment than the combined (Note 1). Equipment procurement, transportation, warehousing, storage, installation and equipment costs.

According to quotas method to calculate, not in scale to calculate, based on the physical quantity to calculate; equipment and materials prices inquiry by the market according to calculate.

Materials procurement, transportation, warehousing, storage cost of construction materials, including transport losses. Cost of constructor's mechanical plant for construction machinery and small equipment fee and rental fee.

According to quotas method to calculate, site of construction machinery rental market survey and price calculate; not using the quota method, in upfront engineering costs, direct costs according to project type a percentage to calculate. Construction measures other measures in winter, rainy season, nighttime construction increased costs, construction of ancillary fees, secondary transportation, drainage construction costs in the construction process, such as the direct measures used to project costs.

According to the project site (natural) conditions, such as construction and transportation conditions, need to be taken, according to calculate. Temporary facilities required for the construction and temporary buildings, structures and other temporary facilities for production costs. According to the physical quantities according to quotas method to calculate; unable to use the fixed method works, charges a percentage to calculate directly.

Proportional charging rate does not exceed 2.5%. Overheads management general contracting management costs, office expenses, travel expenses, fixed assets, tools used, labour protection, training, medical and accident insurance fees, recreational fees, foreign activities fee, security fee, the processing performance guarantee expenses and other administrative costs. Preliminary project cost, project a certain percentage of the cost of direct costs, temporary facilities.

Usually the tune. Profit enterprise anticipated profits.

Generally not more than 5%. Reserve unforeseen design changes are made according to the actual situation in the construction process must lead to increased costs. Preliminary project cost, project a certain percentage of the cost of direct costs, temporary facilities.

Generally not more than 5%. Risk rises due to equipment and materials spread, changes in exchange rates, odd project costs, project quotation errors, bidding projects and the actual construction works between sporadic changes resulting from the project and the construction site of the total contract cost increases.

Generally not more than 8%.

Five, project independence Test fee-owned test equipment usage fees and testing testing fee.

According to calculate. Technical information technical information costs of industrial production, including product design and production technology and materials.

According to the related industry fee standard Construction insure construction all risks and third party costs.

Preliminary project cost, construction and installation costs multiplied by the premium rate. On terrorism prevention measures focused on preventing countries, costs to strengthen counter-terrorism measures.

Under the guidance of the Ministry of Commerce on foreign aid to prevent the threat of terrorism to calculate. Pilot costs pilot by agreement all charges incurred, including wages and associated benefits; raw materials, semi-finished products, accessories and utility fuels, management and personnel training.

Trial production period 3-6 months to calculate. Decorative single commissioning art for art to beautify decorative requirements.

According to the market price to calculate.

Consulting costs including interim acceptance and final acceptance of costs and other economic and technical advice by the Advisory fee fee standard to calculate Technical service fees after the completion of the project, providing long-term technical support requirements by the Chinese side, including staff wages, spare parts, materials, Office, accommodation, transport, communications, electricity, fuel and other costs.

According to the technical service to calculate. Other costs combined with the actual situation, both the Division and related policies, China's other independent charge.

Combined with the costs associated with standards and market survey to calculate fees.

Note 1: the unit price of comprehensive labour = (Chinese workers labor labor unit price x price + local workers and foreign labor than x, external efficiency ratio) ÷ (1+, external recruitment is greater than) (1) the unit price of Chinese workers labor under the existing standards of treatment of foreign aid personnel abroad of the average monthly income (according to the fixed rate of Exchange US $ 1 = 8 Yuan) as a benchmark.

According to country-specific situations and a certain percentage of the project category float, the highest floating ratio does not exceed 20%.

(2) in the recipient countries fully into account worker productivity based on project requirement and determine, efficiency ratios and outside labor. Ergonomics than the span of control for 1:1.5~1:2.0.

And foreign employment than in terms of employment than of principle.

Foreign integrated employment ratio = σ [recommended ╳ (types of fixed days/total days)]

Depending on the project type, regional differences and differences in type, recommend using the following ratio, and in accordance with the actual situation in the range ± 20%.

Type/region Africa (ESCWA) Asian beauty

Construction/construction equipment 1:8 1:4

Decoration 1:2 1:1.5

Professional/technical equipment 1:1.5 1:1 Note 2: this table is used primarily for project and survey design stage production of investment estimation and prediction, investment (revised) budget for use and reference.