Chapter I General provisions article to regulate foreign-aid project implementation of an enterprise (hereinafter referred to as foreign aid project implementation) qualification, in accordance with the administrative licensing law and the administrative examination and approval items really necessary to be retained by the State Council to set administrative licensing decision (Decree of the State Council, 2004 No. 412), these measures are formulated.

Article II foreign aid project implementation in these measures refers to the qualification, can assume control of Government foreign aid projects of enterprises and other organizations.

Qian paragraph by said of care project implementation enterprise including: (a) foreign assistance sets project (following referred to sets project) total contracting enterprise and project management enterprise; (ii) foreign assistance material project (following referred to material project) total contracting Enterprise; (three) foreign technology assistance project (following referred to technology assistance project) implementation units; (four) foreign human resources development cooperation project (following referred to human resources project) implementation units; (five) foreign assistance project advisory service units.

Article of Commerce responsible for foreign aid project qualification and eligibility management.

The provinces, autonomous regions, municipalities, and departments in charge of Commerce of Xinjiang (hereinafter referred to as the provincial Commerce authorities) to assist the Ministry of Commerce for foreign aid projects to implement enterprise qualification.

Foreign aid project management agencies to assist the Ministry of Commerce imposed on foreign aid project qualification management.

The fourth Ministry of Commerce according to the different categories of foreign aid project implementation, using eligibility or eligible to tender for foreign aid projects to implement enterprise qualification.

The qualification of foreign aid projects to implement the enterprise can take care project within the scope of the corresponding qualification category specific implementation tasks.

Second chapter qualification conditions and the finds way fifth article care project implementation enterprise should has following basic qualification conditions: (a) Department in accordance with China legal in China territory established of corporate; (ii) all funded per capita for China investors; (three) Qian three a fiscal year not appeared losses; (four) Qian three years not trained criminal punishment, and not for for illegal business activities or violation about care management regulations trained administrative punishment; (five) law tax and paid social security fee.

The sixth Ministry of Commerce by way of qualification determined set of project total contracting enterprises eligible.

Application sets project total contracting Enterprise qualification of, except has fifth article provides of basic qualification conditions outside, also should has following conditions: (a) has super construction total contracting qualification; or has level construction total contracting or corresponding grade of technology qualification, application Qian three years are included commerce statistics foreign contracting engineering turnover Qian 100 strong; (ii) has foreign contracting engineering business qualification; (three) through quality management system, and environment management system, and career health security management system certification and certification qualification effective;

(D) has a good financial credit condition; (v) having good business credit.

The seventh Ministry of Commerce through the identified set of project management enterprise qualification qualification tender. Participation sets project management enterprise qualification tender of, except has fifth article provides of basic qualification conditions outside, also should has following conditions: (a) has State construction competent sector issued of can engaged in project management service of design class a qualification, or State development reform competent sector issued of project management (full process management or full process planning and prepared stage management category) class a qualification; (ii) has State construction competent sector issued of engineering supervision class a qualification,

Or project management qualification of legal person unit signed a long-term cooperation agreement; (c) the performance in overseas-related business (iv) projects with project management experience.

Eighth Ministry of Commerce by way of qualification determined material project total contracting enterprises eligible.

Eligibility criteria for material project total contracting enterprises, in addition to the fifth article of the basic eligibility conditions, shall meet the following conditions: (a) conform to the provisions of the foreign trade law of foreign trade operators, (ii) has a good financial credit condition; (c) import and export performance in recipient countries for three years prior to the application; (d) having good business credit.

Nineth Department of Commerce agreed qualification tender identified technical assistance projects implementation unit qualification.

Participating in technical assistance projects implementation unit eligible to bid, in addition to the fifth article of the basic eligibility conditions, shall meet the following conditions: (a) possess related professional and technical capacity, (ii) performance in overseas-related business;

(C) have experience in the implementation of related projects.

The tenth Ministry of Commerce through determined human resources project implementation units eligible eligible tenders.

Participation human resources project implementation units qualification tender of, except has fifth article provides of basic qualification conditions outside, also should has following conditions: (a) has rich of foreign training experience and strong of Foreign Affairs reception capacity; (ii) has carried out training by needed of teachers power, and training places and other hardware and software; (three) in related industry, and professional or field within, has high of research capacity and influence.

11th Ministry of Commerce determined advisory services eligible qualified tender.

Participation in advisory services eligible to bid, in addition to the fifth article of the basic eligibility conditions, shall meet the following conditions: (a) have the relevant administrative departments of the State Council-approved Advisory qualification or other technical qualification, (ii) the relevant performance requirements for overseas project consulting services; (c) the project consulting experience.

Third chapter qualification review 12th article take qualification review way finds qualification of, applicants should submitted following file: (a) applications; (ii) enterprise corporate license and statutory representative people identity proved file; (three) funded people identity proved file; (four) enterprise funded situation of proved file; (five) Qian three a annual enterprise statements; (six) this enterprise on Qian three years not trained criminal punishment, and not for for illegal business activities or violation about care management regulations trained administrative punishment of statement;

(G) clearance certificate issued by the tax authority of first three years; (VIII) social insurance organization three years ago issued the payment proof.

Except above file outside, application sets project total contracting Enterprise qualification also must submitted technology qualification certificate, and foreign contracting engineering business qualification certificate, and quality management system certification certificate, and environment management system certification certificate, and career health security management system certification certificate and has good of business integrity performance description; application material project total contracting Enterprise qualification also must submitted foreign trade operators record registration proved, and customs statistics information sector issued of goods import and export performance proved and has good of business integrity performance description and the proved.

13th Central enterprises and other enterprises registered in the administrative departments for industry and commerce under the State Council submit an application directly to the Ministry of Commerce and other companies to submit applications to the competent provincial Commerce Department.

14th enterprise apply to departments of Commerce at the provincial level, provincial-leveled Commerce departments shall on receipt of the application documents submitted by the company within five working days to complete the initial nucleus, enterprise application together with the beginning of nuclear comments Commerce audit.

15th submit to the Ministry of Commerce shall, upon receipt of the complete application documents the date of 20 working days or receipt of early provincial-leveled Commerce departments completed within 15 working days from the date of the audit opinion auditing, made the decision to license or not.

Permission is granted, the Ministry of Commerce issued the license file is valid for three years; no permission, the Ministry of Commerce shall state the reason, and inform the enterprises have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

16th Ministry of Commerce shall be to publish the eligibility list of qualified enterprises.

17th qualifying status of enterprise needs to extend validity, shall, before the expiry of 60 days on the 12th and 13th to apply to the Department of Commerce or provincial departments in charge of Commerce.

Provincial departments in charge of Commerce and the Ministry of Commerce in accordance with the 14th and 15th to early nuclear applications or the time provided audit, Commerce Department license before the expiry of the decision whether or not to grant an extension.

Extension is granted, the Ministry of Commerce granted three-year extension of the license file; no extension, the Ministry of Commerce shall state the reason, and inform the enterprises have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

Fourth chapter eligible to tender the 18th found qualified through qualification tendering, the Ministry of Commerce every three years from the date of implementation of this approach to organize a qualification in public tenders.

Ministry of commerce law to authorize a procuratorial organizations bidding.

19th article commerce should in organization qualification tender Qian a months released tender announcement, tender announcement main including following content: (a) tender agent institutions of name, and address and contact way; (ii) care project implementation Enterprise qualification tender of category and number; (three) application participation qualification tender units of qualification requirements; (four) gets tender file of time, and locations, and way; (five) bid as time.

The 20th date of the tender documents issued to the bidder submitting the tender closing date, shall be not less than 20th. 21st Ministry of Commerce has issued a tender document are necessary to clarify or modify, you should at least 15th the deadline for submission of the tender documents, give notice in writing.

The clarification or modification of the content is an integral part of the tender documents. 22nd eligibility criteria for participation in the tender unit of objection to the tender documents, should be submitted before the bid closing time on 10th.

MOFCOM shall from the date of receipt of the objection within the 3rd responded before making a reply shall suspend the bidding and tendering activities.

23rd eligibility criteria for participation in the tender units should be in accordance with the tendering documents for the preparation of bid documents, and prior to the deadline specified in the tender documents, tender documents through the legal representative or its authorized representative signed, stamped and sealed, delivered to a designated location.

Late delivery, non-delivery to the specified location or not according to the bid invitation documents require the sealing of the tender document is invalid, a procuratorial Agency shall refuse. The 24th Ministry of Commerce established according to law the bid evaluation Committee.

Evaluation Committee should be in accordance with the provisions of the tender documents, bid evaluation criteria and methodology, and the tender documents are reviewed.

Evaluation Committee by the Ministry of Commerce representatives and relevant technical, economic experts, are five or more members in the singular, where technical, economic and other experts in the field may not be less than the total number of members of the two-thirds.

25th article is following situation one of of, assessment standard Committee should rejected its bid: (a) not by tender file provides stamped seal of; (ii) without units statutory representative people or its authorized representative signed confirmed of; (three) bid letter and tender file provides format serious inconsistent of; (four) application participation qualification tender of units not has tender file provides qualification requirements of.

26th article Evaluation Committee from the two days from the closing date of the bid evaluation report submitted to the Ministry of Commerce, bid evaluation report including evaluation results and winning candidates ordered.

27th Ministry of Commerce after the date of receipt of the evaluation report, 5th in the bid evaluation report recommended successful candidates identified in the bid winner.

28th before a formal award, Ministry of Commerce bidding list public on 5th, pass a qualifying bid list released after the expiry of the public.

29th through qualified bidding, foreign aid projects that make the category Enterprise qualification, the Ministry of Commerce issued the license file is valid for three years.

Article 30th pass, the tender identified qualified foreign aid project enterprise, due to the administrative punishment or the 34th article cannot bear foreign aid projects, such as the implementation of tasks, and the amount in excess of the intended qualification tender number 30%, the Ministry of Commerce shall promptly organizations supplement to be tender, foreign aid will be eligible to bid on the set number of complements enterprise project implementation.

Fifth chapter entitled Managing the 31st foreign aid projects implemented enterprise business name, business type, change of legal representative, registered capital and investor shall be modifications of commerce within one month from the date of filing, provided the following documents: (a) change request form, (ii) the change registration certificate issued by the administrative agency for industry and commerce, and (iii) the relevant documents after the change. 32nd foreign aid project implementation of enterprise restructuring, separation or merger, restructuring, Division or merger the newly established enterprises should reapply for accreditation in accordance with these measures.

Original cancellation, restructuring, merger or Division of the company inherited primary care performance.

33rd Ministry of Commerce to establish project implementation of an enterprise credit evaluation system for foreign aid, according to compliance with foreign aid management regulations and project implementation contracts enterprise credit into good, qualified and unqualified three grades.

34th article has following case one of of, commerce can according to terms or according to interest relationship people of requests, revoked care project implementation Enterprise qualification: (a) administrative organ staff abuse, and negligence made care project implementation Enterprise qualification license decided of; (ii) violation statutory program made care project implementation Enterprise qualification license decided of; (three) on not has application qualification or not meet statutory conditions of applicants granted care project implementation Enterprise qualification license of.

Enterprise fraud, bribery or other improper means to obtain foreign aid project implementation business qualifications, the Ministry shall revoke the qualification.

The 35th foreign aid lost due to expiry of qualified project delivery, does not affect the performance of the winning project.

Sixth chapter legal responsibility 36th article has following case one of of, Commerce give warning, can and at 30,000 Yuan Yuan following fine; violation related legal, and administrative regulations provides of, in accordance with related legal, and administrative regulations of provides give administrative punishment; constitute crime of, law held criminal: (a) enterprise to cheat, and bribery, not due means get care project implementation Enterprise qualification of; (ii) enterprise to rental, and lending, way illegal transfer care project implementation Enterprise qualification of.

The 37th article of Commerce, provincial Commerce authorities and aid agency staff in project management in implementation of enterprise qualification in foreign aid project management processes, in violation of relevant laws and regulations and these rules, depending on the seriousness of the disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

Seventh chapter supplementary articles article 38th finds qualified foreign aid project qualification tender under Enterprise category, some of the technical categories, business category by industry or other restrictions cannot organize qualification bid for the time being, the technology category or category of implementing enterprise of foreign aid projects selected in accordance with procurement rules implementation of aid projects.

39th on the sixth paragraph (c), (d), (e) and the eighth paragraph (b), (d) relates to the detailed conditions and the eighth paragraph (c) provides lists of recipients, the Ministry of Commerce announcement be released.

40th article this way, the term "Chinese investors" do not include foreign-funded enterprises.

41st article this approach is known as the "central enterprise" refers to the State-owned assets supervision and administration bodies to carry out the responsibilities of investor business.

42nd article of the referred to "above", including the number itself.

Article 43rd explain these measures by the Ministry of Commerce. 44th these measures come into force on the date of promulgation.

　　The construction of complete foreign aid projects to implement measures for the qualification accreditation of enterprises (for trial implementation) (Ministry of Commerce 2004 9th order) and the management of enterprises eligible for foreign aid projects (Ministry of Commerce 2011 2nd order) repealed simultaneously.