Advanced Search

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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Management of complete foreign aid projects (for trial implementation)

    (Released on December 31, 2008, the Ministry of Commerce, 2008 18th as of January 1, 2009) Chapter I General provisions

    First for the purpose of strengthening of complete foreign aid projects (hereinafter referred to as complete project) management to ensure the project quality, improving aid effectiveness, these measures are formulated.

    Second article this approach by said of sets project, is refers to in China Government to recipient country Government provides of free assistance, and an interest-free loan or cheap loan and the other assistance funds items Xia, by China Government preferred selected of implementation Enterprise for study, and survey, and design, provides equipment material and sent engineering technicians, organization or guide construction, and installation and try production full process or which part stage of various project.

    Complete project implementation follows the first visit, after the third project, after the first survey and design, construction of basic procedures. Fourth set of project implementation, the implementation of Enterprise contract management responsibility system and management accountability.

    Undertake complete projects, survey design and construction enterprises, under this regulation and the contract is responsible for project implementation, and bear the corresponding legal and economic responsibilities.

    Bear set of businesses according to the measures of project supervision and contract rules, complete the projects design and construction technical supervision and management activities, and appropriate legal and economic responsibilities.

    Article fifth sets of project funding should be earmarked, accounted for separately, no unit or individual may, on any grounds for other purposes.

    The sixth People's Republic of China's Ministry of Commerce (MOFCOM) is responsible for the complete project management. Ministry of Commerce is responsible for the supervision and management of sets of project implementation and the use of funds to deal with Intergovernmental Affairs may entrust relevant institutions (hereinafter referred to as fiduciary management) to manage the practical implementation of the project.

    For major projects, the Commerce Department can send project represents the permanent guidance and coordination of project implementation in recipient countries.

    Embassy economic and commercial institutions based abroad to help handle the related Intergovernmental Affairs Ministry of Commerce, is responsible for the complete sets of outside supervision and management of project implementation. 

    The provincial departments in charge of Commerce, assist the Ministry of Commerce to handle affairs relating to specific sets of project implementation.

    Chapter II subjects

    Article seventh set of project proponents including study business, survey and design enterprises, construction and engineering supervision enterprises (including engineering management, design and supervision companies, design review, construction supervision enterprises). Complete project construction enterprises should achieve its foreign assistance to complete project tasks to implement measures for the qualification accreditation of enterprises (for trial implementation) (Ministry of Commerce 2004 9th order) provides the appropriate qualifications.

    Inspection companies, survey and design enterprise and project supervision should be issued by the relevant Administrative Department of the State enterprises technical qualifications and eligibility conditions under the Ministry of Commerce. Eighth Ministry of Commerce to the selected project proponents sets task notification.

    Task notification are complete sets of project proponents apply for complete sets of equipment and materials of the project inspection, customs clearance, transportation and related personnel basis.

    Nineth sets of project proponents and personnel shall abide by the laws and regulations of China and the recipient countries, respect the customs of the recipient countries.

    Tenth Ministry of Commerce established sets of project implementation performance evaluation system, optimize the structure of the subject.

    Chapter three bidding and negotiation

    11th Ministry of Commerce selected through bidding or bidding study complete project enterprises, prospecting and design enterprises, construction companies and construction supervision (or project management) enterprise.

    12th entrusted agency organizations complete project (discussion), the Ministry of Commerce on (about) the monitoring activities.

    13th Ministry of Commerce database set up and manage foreign aid projects (hereinafter "reviewers"). Entrusted Agency of the Organization of the 14th article when complete project construction bidding shall be randomly selected experts from the expert evaluation Expert Committee bid.

    Expert professional categories not covered by the project, the review by the Ministry of Commerce decided to.

    Entrusted Agency of the complete project construction bidding and inspection tasks, the tasks of investigation and design and construction supervision when tendering and negotiation, can randomly selected experts from the expert evaluation Expert Committee bid, or borne by the unit with the corresponding qualifications bid.

    15th entrusted agency according to the evaluation Expert Committee or writing evaluation unit evaluation report recommendation and the successful candidates, and according to the relevant provisions of the complete project management procedures for determining the winning bidder companies.

    Establishment of complete foreign aid projects Oversight Committee of Commerce, is responsible for the investment of 100 million Yuan (or more) complete project bids for a procedural matter audit, and monitoring.

    Successful candidate or a successful business materially alters the tendering or bidding promise, entrusted with the management of institutions should cancel the bid qualification and other winning candidates in turn selected sets of project implementation in the enterprise, or reorganize the tenders or bids.

    16th larger or the complete process more complicated projects, MOFCOM may decide to divide tenders tenders or consortium invited to bid.

    Complete 17th projects bidding to be part of the subject of the project after the bid and critical subcontractors, shall be set out in the tender documents to be subcontracted, subcontracting amounts and the technical qualifications of the subcontractors. Successful enterprises complete successful projects may not be subcontracted or mutilated shall complete sets of items into several parts out to several contractors, subcontractors not allowed to increase or change.

    Subject or key is not part of the package.

    Subcontractors shall have appropriate qualifications, not subcontract its subcontracting tasks or sub-contracted.

    The fourth chapter examines the The 18th set of project review is divided into two stages: feasibility study and specialized investigation.

    Line with the relevant provisions of the complete project management, feasibility study and specialized investigation can be combined. 19th inspection companies formed a group must have the necessary professional skills and work experience, members of the study group technology with should be able to meet work requirements.

    Work, study programmes, study group members plan and outline of the technical officers of the capital should be in a group before the Commerce Department approval.

    20th feasibility study firms should fully understand and information required for feasibility study on collection and analysis projects the necessity and economic technical feasibility and environmental impact and feasibility of the proposed project to the MOC. Feasibility study companies should be responsible for the accuracy and applicability of the findings.

    Feasibility study search results funding should meet the needs of design and preparation of project estimates. 21st Enterprise specializing in the study, technical information should bring together projects to learn more about recipient for design specifications, technical standards and common practices. Programmes approved by the Ministry of Commerce, associated with the recipient agency agreed project construction sites, design, construction standards, both Division of labor issues.

    Recipient state changes of principle, should be summarized and put forward opinions and inspect it for approval.

    Professional study enterprise according to design needs to conduct a comprehensive survey to develop detailed investigation plan. Professional investigation companies should be responsible for the accuracy and applicability of their information collection.

    Review search results funding should meet the design, (pre) is the development and construction (discussion) needs.

    The fifth chapter survey and design 22nd reconnaissance and design enterprises shall, in accordance with the relevant Chinese technical specifications and standards for engineering survey, and survey reports.

    Engineering investigation should meet the needs of project design.

    Recipient country's own investigation of the project, the recipient is responsible for the accuracy of the survey results; survey and design Enterprise shall verify the engineering investigation and information provided by the recipient, and responsible for the survey and the applicability of the results.

    23rd complete project design should follow the technology feasible, safe, reliable, affordable, elegant principles.

    Design should be based on the design codes and standards promulgated by the relevant authorities of China, fully consider local natural conditions in recipient countries, architectural styles, practice practice designing and preparing design files.

    24th complete project design is generally divided into programme design, preliminary design and construction design in three stages.

    Simple projects or have special needs, you can design using two stages of concept design and construction design.

    25th preliminary design design is confirmed by the recipient countries and the basis.

    Article 26th preliminary project design should meet to prepare budget and needs of construction drawing design, preliminary design budget shall comply with the relevant provisions of the complete project management requirements. Preliminary design completed and the 27th after review by the Commerce Department, designing enterprise preliminary design documents submitted to the authorities in recipient countries should be reviewed.

    After the adoption, may be carried out construction design.

    28th construction plans should be designed to meet the project construction, preparation of Bill of quantities and the implementation of (about) needs.

    Construction drawing design of any part of it may not be replaced by a specification or standard Atlas, not having any major design site design by design representative. After 29th design enterprise construction design, the Ministry commissioned the design supervision (design review) business construction drawing review.

    After the adoption, may be applicable to the project and the recruit (discussion).

    Article 30th design Enterprise shall deliver the design, comprehensive investigation, design work, design documents to interpret and answer questions, and make recommendations on issues related to technology. 31st design corporate design representative to the construction site should be as stipulated in the contract.

    Design should be selected from professionals involved in the project design.

    Design representative is responsible for the design drawings to explain, assist engineers supervise construction supervision enterprises according to the drawings, engineering change process observations made, participation in construction quality acceptance. Article 32nd complete once the project is completed, should be prepared according to the relevant provisions of the complete project management in design enterprise drawing on completion of project. Drawings should be comprehensive and reflect the as-built project.

    Built as an intergovernmental project handover certificate.

    Construction of the sixth chapter

    33rd construction enterprise project construction technology group and domestic management group should be set up, responsible for project construction and management. 34th construction enterprises shall be in strict accordance with construction supervision for construction approval of construction organization design of enterprises.

    Adjustment of construction organization design, should approval of the construction supervision enterprises, and provide the entrusted Agency of record.

    35th construction enterprises shall design drawings and construction of China's technical standards for the construction, and accept the supervision and construction supervision.

    36th construction Enterprise shall set up the whole process of quality inspection and supervision mechanisms, strict self test operation and check the transfer of operations.

    37th construction enterprises shall bid commitment to rational allocation of construction machinery, guarantee to meet the construction schedule of the project. Construction should be strictly in accordance with the tender offer of construction enterprise equipment required and the purchase and transportation of materials.

    Entry and exit of equipment and materials to the construction site, are subject to on-site construction supervision engineers sign permits.

    Construction enterprises should be according to the relevant technical norms and standards for construction materials testing and inspection.

    38th construction enterprises shall establish occupational health and safety management system, the protection of workers ' rights. 

    39th civilized construction in construction enterprises, comply with environmental protection laws and regulations of China and recipient countries, protection of the environment of recipient countries.

    40th construction Enterprise shall apply to the trustee under construction in middle term acceptance and final acceptance. Acceptance of, relevant bodies of the Ministry of Commerce and the recipient country to joint acceptance of the project. 

    Acceptance after the Department of Commerce or the Chinese Embassy departments associated with the recipient Government intergovernmental transfer.

    41st set after the completion of the project, during the period of warranty coverage and warranty quality problems, the construction Enterprise shall perform warranty obligations and liability for damages caused by.

    The seventh chapter of engineering supervision 42nd complete project construction supervision system.

    Engineering supervision enterprise process technology to complete project implementation supervision and management.

    Survey design and construction tasks by complete implementation of projects for different enterprises, design supervision in project supervision tasks (or design review) enterprise and construction supervision enterprises respectively, or borne by the project management business together.

    Survey design and construction tasks by a complete enterprise projects, project supervision mission in principle by project management enterprises.

    43rd Design (or design review) business or project management enterprises and its designated professionals, should be according to the relevant technical norms and standards as well as relevant provisions of the complete project management, for set of project professional study, survey and design in whole or in part economic and technical supervision and management work, reviewing design document and project cost audits of major design changes and other economic issues.

    44th construction supervision (or project management) assigned by the enterprise and its construction management engineer should be according to the relevant technical norms and standards as well as the relevant provisions of the complete project management, to complete project construction quality and security, progress and the cost of technical supervision and management of the entire process.

    45th construction supervision of supervision engineer and design (design reviews, project management) enterprises designated professionals should strictly abide by the code of ethics, must not use the work to seek illegitimate benefits shall not damage the interests of recipient countries and China.

    Cost and schedule management of the eighth chapter 46th design enterprise should be in accordance with the relevant technical norms and standards are in the programme design and preliminary design stage of preparation of investment estimation and project budget.

    Supervision enterprise during the Commerce Department commissioned the design (or design review enterprise) to audit the investment estimates and engineering budget.

    The 47th by the Ministry of Commerce approval of investment estimates and engineering budget as a basis for project cost management.

    48th investment estimates and engineering budget, should adhere to the principle of seeking truth from facts, the complete design, considering the various factors affecting construction cost.

    49th investment estimates and engineering budget and personnel, shall have corresponding qualifications. 50th Commerce strictly control the complete project of major design changes.

    Absolutely necessary to change, should be agreed by the competent departments of the Ministry of Commerce and the recipient countries before implementation.

    51st insurance system for Ministry of Commerce's foreign aid projects. Related sets of project proponents shall, in accordance with provisions of engineering insurance and other necessary insurance.

    Falling within the scope of insurance losses, claims related to complete project subject to the insurance company; not required to provide insurance, bear the losses.

    52nd on the 51st article protection outside the scope of force majeure natural disasters, policy adjustments, losses due to reasons such as political risk, as well as significant cost caused by design changes approved large increases or decreases, according to complete project management of commerce-related provisions of the contract price adjustment. 53rd complete project inspection, survey, design and construction the implementation deadline of the task should be determined according to the actual situation and relevant technical specifications and reasonable.

    Relevant sets of project proponents should finish the task in time.

    Design (or design review) business, construction supervision (or project management) enterprise in stages for the specialized investigation, design and supervision of construction progress. 54th complete project implementation term is determined, may not be altered.

    Absolutely necessary to change, agreed upon by the Ministry of Commerce, by the complete set of project proponents agreed with the relevant institutions in recipient countries.

    55th sets of project proponents shall periodically inform the Ministry of Commerce and the entrusted agency report on the implementation of projects, which may affect the normal implementation of the project special reports on important matters.

    Nineth part quality and safety management 56th article of Commerce established sets of project implementation of the people management system.

    Project proponents sets the selected key management and technical personnel, shall have the appropriate technical qualifications and jobs, a complete project management certificate. 57th Ministry of commerce implementation of the standards system, establish the project standard systems monitor and audit mechanisms.

    Commerce Department entrusted with corresponding qualification standard and assessment body in the complete project implementation process of construction enterprises in implementing the GB/T19000 quality system standards and GB/T28000 audit of occupational health and safety standards. 58th article of Commerce in conjunction with the relevant departments to establish foreign aid export inspection and quarantine system.

    Related sets of project proponents shall be in accordance with the provisions of external assistance export formalities. 59th Ministry of Commerce established sets of project construction quality approval system.

    Acceptance should be according to the relevant technical specifications, standards and relevant regulations of the external aid management. 60th complete project management of "safety first, prevention first" principle.

    Complete sets of project proponents shall comply with the administrative measures on work safety of complete foreign aid projects (for trial implementation) (Ministry of Commerce 2006 15th order) regulations.

    61st Ministry of Commerce according to the relevant provisions of the complete project management guide project proponents sets against terrorist threats.

    62nd article of Commerce set up joint inspection system of complete major projects, in conjunction with relevant departments to send groups to the construction site to troubleshoot quality and safety, and urge the relevant sets of project proponents to implement external assistance management provisions. 63rd Department of Commerce to establish sets of project information management system. In the course of project implementation, relevant subjects shall collect and keep relevant technical information.

    Projects within 2 months after the transfer of external, submission of summary and relevant technical information.

    64th Ministry of Commerce building complete project evaluation system to assess the complete project.

    The tenth chapter legal liability 65th article sets project study enterprise, and survey design enterprise, and construction enterprise and construction supervision (or engineering management) enterprise in participation project bid or on the standard process in the, has following behavior one of of, Commerce on the enterprise give warning, can and at 30,000 Yuan Yuan following fine; has award standard of, award standard results invalid; since administrative punishment entered into force of day up course within, not selected its participation sets project of bid or on the standard.

    Violations of the relevant laws, administrative regulations, and administrative penalties in accordance with provisions of laws and administrative regulations constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) fraud, gain an unfair competitive advantage;

    (B) collusive tendering, crowding out other bidders have fair competition;

    (C) the successful candidate or a successful business materially alters the tendering or bidding promise;

    (D) other improper acts to disrupt bidding order.

    66th complete sets of project proponents in violation of the provisions of article, unilaterally changed the personnel, the Ministry of Commerce a rectification; fails to mend, the Ministry warned, 2-3 years from the date of entry into force of administrative punishment, do not complete their participation in the projects selected to implement the task of bidding and negotiation. 67th sets of project proponents have one of the following actions, except for liability stipulated in the contract, a Commerce Department of the enterprise in a warning and fined a maximum of 30,000 yuan, and from the date of entry into force of the administrative punishment in liangzhiliunian, do not complete their participation in the projects selected on the implementation of the tendering and negotiation of the task.

    Violations of the relevant laws, administrative regulations, and administrative penalties in accordance with provisions of laws and administrative regulations constitutes a crime, criminal responsibility shall be investigated according to law.

    (A) in violation of these regulations article 17th, implementation of the tasks assumed by subcontractors or subcontractors;

    (B) violation of safety rules, resulting in accidents;

    (C) the project formation engineering quality accidents or quality problems, direct economic losses of more than 100,000 yuan;

    (D) violating these rules article sixth misappropriated foreign aid funds;

    (E) violation of the relevant provisions of these measures, unauthorized or ultra vires to approve project changes;

    (F) fails to perform or delay in performance of the contract, affecting the normal implementation of the project, external causes serious adverse effects. 68th article sets project implementation subject main head, and project head and the directly responsibility people not perform legal regulations and foreign assistance management about provides of, Commerce ordered deadline corrected; late late 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, and recommends where units or superior competent sector give administrative sanctions; violation related legal, and administrative regulations provides of, in accordance with legal, and administrative regulations of provides give administrative punishment

    Constitutes a crime, criminal responsibility shall be investigated according to law.

    69th staff of the Ministry of Commerce and the entrusted Agency of complete project bids or one of the following actions in the management process, and does not constitute a crime, depending on the seriousness of the corresponding administrative sanction, to constitute a crime, criminal responsibility shall be investigated according to law.

    (A) use their posts to facilitate the extort or illegally accepting other people's property, for the benefit of others;

    (B) abuse of power, negligence or malpractices for personal gain, resulting in losses to the interests;

    (C) intentional or negligent disclosure of State secrets.

    The 11th chapter by-laws 70th article in accordance with the EPC (design-procurement-the construction), D&B (design and construction) implementation sets the construction mode of project management, in accordance with the measures implemented. 

    External assistance management referring to this approach to the implementation of technical cooperation projects.

    71st explain these measures by the Ministry of Commerce. 72nd these measures come into force on January 1, 2009. Effective date of, foreign aid management and the related provisions inconsistent with this regulation, is subject to this regulation.