Measures for determining the qualifications of enterprises implementing foreign aid projects (for Trial Implementation)

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Administrative Licensing Law and the Decision of the State Council Municipality on Establishing Administrative Licensing for Administrative Examination and Approval Items that Really Need to Be Retained (the State Council Order No.412, 2004) in order to standardize the qualification determination of enterprises implementing foreign aid projects. Article 2 The term "enterprises implementing foreign aid projects" as mentioned in these Measures refers to enterprises and other organizations that are qualified and can undertake the task of implementing foreign aid projects of the China Municipal Government.

The foreign aid project implementation enterprises mentioned in the preceding paragraph include:

(1) General contracting enterprises and project management enterprises of complete foreign aid projects (hereinafter referred to as complete foreign aid projects);

(2) General contracting enterprises for foreign aid material projects (hereinafter referred to as material projects);

(three) the implementation unit of foreign technical assistance projects (hereinafter referred to as technical assistance projects);

(four) the implementation unit of the foreign human resources development cooperation project (hereinafter referred to as the human resources project);

(five) foreign aid project consulting service units. Article 3 The Ministry of Commerce shall be responsible for the qualification identification and qualification management of enterprises implementing foreign aid projects.

The competent commercial departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps (hereinafter referred to as the provincial competent commercial departments) shall assist the Ministry of Commerce in the qualification identification of enterprises that implement foreign aid projects.

The foreign aid project management institution shall assist the Ministry of Commerce in the qualification management of foreign aid project implementation enterprises. Article 4 The Ministry of Commerce shall, according to the different types of enterprises implementing foreign aid projects, identify the qualifications of enterprises implementing foreign aid projects by means of qualification examination or qualification bidding respectively.

Qualified foreign aid project implementation enterprises can undertake the specific implementation tasks of foreign aid projects within the corresponding qualification categories. Chapter II Qualification and Identification Methods Article 5 An enterprise that implements foreign aid projects shall have the following basic qualifications:

(a) a legal person established in China according to the laws of China;

(2) All investors are China investors;

(3) It has no losses in the last three fiscal years;

(4) It has not received criminal punishment in the last three years, and has not received administrative punishment for engaging in illegal business activities or violating relevant regulations on foreign aid management;

(five) to pay taxes and social insurance premiums according to law. Article 6 The Ministry of Commerce shall determine the qualifications of general contracting enterprises through qualification examination.

To apply for the qualification of a complete set of engineering general contracting enterprise, in addition to the basic qualifications stipulated in Article 5, the applicant shall also meet the following conditions:

(a) with special construction general contracting qualification; Or have the first-class general contracting or technical qualification of the corresponding level, and have been listed in the top 100 of the turnover of foreign contracted projects in the previous three years by the Ministry of Commerce;

(2) Having the business qualification for contracting foreign projects;

(three) through the quality management system, environmental management system, occupational health and safety management system certification and certification qualification is valid;

(4) Having a good financial credit status;

(5) Having a good business performance in good faith. Article 7 The Ministry of Commerce shall determine the qualifications of complete project management enterprises through qualification bidding.

To participate in the bidding for the qualification of complete project management enterprises, in addition to the basic qualifications stipulated in Article 5, the following conditions shall be met:

(1) Having the Grade A qualification of engineering design that can engage in project management services issued by the competent department of construction in the State Council, or the Grade A qualification of engineering project management (whole process management or whole process planning preparation stage management) issued by the competent department of development and reform in the State Council;

(2) Having the Grade A qualification of engineering supervision issued by the competent construction department of the State Council, or signing a long-term cooperation agreement with a legal entity with Grade A qualification of engineering supervision;

(3) Having the performance of conducting relevant business abroad;

(4) Experience in project management of engineering projects. Article 8 The Ministry of Commerce shall determine the qualifications of general contracting enterprises for major projects through qualification examination.

To apply for the qualification of a major project general contracting enterprise, the applicant shall meet the following conditions in addition to the basic qualifications stipulated in Article 5:

(a) is in line with the provisions of the foreign trade law of foreign trade operators;

(2) Having a good financial credit status;

(three) the import and export performance in the recipient country in the three years before the application;

(4) Having a good business performance in good faith. Article 9 The Ministry of Commerce shall determine the qualifications of technical assistance project implementation units through qualification bidding.

To participate in the bidding for the qualification of the technical assistance project implementation unit, in addition to the basic qualifications stipulated in Article 5, the following conditions shall also be met:

(a) have the technical ability of related majors;

(2) Having the performance of conducting relevant business abroad;

(3) Experience in implementing related projects. Article 10 The Ministry of Commerce shall determine the qualifications of human resources project implementation units through qualification bidding.

To participate in the qualification bidding of human resources project implementation units, in addition to the basic qualifications stipulated in Article 5, the following conditions shall be met:

(a) rich experience in foreign training and strong foreign affairs reception ability;

(2) Having teachers, training places and other software and hardware required for training;

(three) in the relevant industries, professions or fields, with high scientific research ability and influence.