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Announcement of the Ministry of Commerce on Matters related to the Qualification Identification of Enterprises Implementing Foreign Aid Projects

Feb 21, 2019

In order to do a good job in the relevant work of the accreditation of enterprises implementing foreign aid projects (referred to as the Accreditation of Foreign Aid Qualifications), according to the current Measures for the Accreditation of Enterprises Implementing Foreign Aid Projects (Trial Implementation), the Ministry of Commerce has issued an announcement on the categories and methods of the accreditation of foreign aid qualifications, the interpretation of relevant provisions and the arrangement of the accreditation of qualification examination categories.

 

Announcement of the Ministry of Commerce on Matters Related to the Qualification of Enterprises Implementing Foreign Aid Projects

Announcement of the Ministry of Commerce [2019] No.7.    

Departments in charge of commerce of provinces, autonomous regions, municipalities directly under the Central Government, cities separately listed under the Plan and Xinjiang Production and Construction Corps, Related enterprises:

    In order to do a good job of foreign aid project implementation enterprise qualification certification (referred to as foreign aid qualification certification) related work, according to the current "foreign aid project implementation enterprise qualification Certification Measures (Trial)" (Ministry of Commerce Order No. 1 of 2015, hereinafter referred to as the "Measures"), the relevant matters are hereby announced as follows:

 

    I. Categories and Methods of Foreign aid qualification Recognition

    The Ministry of Commerce adopts two ways of qualification examination and qualification bidding to recognize the qualifications of enterprises implementing foreign aid projects, as follows:

    (1) Qualification examination class.

    The Ministry of Commerce adopts the qualification examination method to determine the qualifications of general contracting enterprises for complete sets of projects and general contracting enterprises for material projects. The central enterprises shall directly submit their applications to the Ministry of Commerce; Local enterprises submit their applications to the local provincial commerce authorities.

    (2) Qualification bidding class.

    The Ministry of Commerce has adopted the method of bidding to determine the qualifications of complete set of foreign aid project management enterprises, technical assistance project implementation enterprises and consulting service units. Relevant work arrangements will be separately announced in the near future.

    Ii. Interpretation of the Relevant Provisions of the Measures

    (1) General contractor for complete sets of projects.

    1. Article 6, Paragraph 2, Item 3 of the Measures “ Through the quality management system, environmental management system, occupational health and safety management system certification and certification qualifications are valid ” , the specific certification standards are:

    (1) The quality management system shall comply with the "Quality Management system requirements" (GB/T19001-2016) and "Quality management standards for Engineering construction enterprises" (GB/T50430-2017);

    (2) The environmental management system shall comply with the "Environmental Management System Requirements and Guidelines for Use" (GB/T24001-2016);

    (3) The occupational health and safety management system shall comply with the requirements of the Occupational Health and Safety Management System (GB/T28001-2011).

    2. Article 6, Paragraph 2, Item 4 of the Measures “ Have good financial credit conditions” Means:

    (1) the total owner's equity is not less than RMB 100 million;

    (2) The balance of cash and cash equivalents at the end of the year is not less than RMB 300 million.

    3. Article 6, Paragraph 2, Item 5 of the Measures “ Have good business integrity performance” Means:

    (1) not included in the prohibited list formulated by the relevant international organization and the competent department of The State Council;

    (2) not included “ List of joint disciplinary targets for dishonesty ” .

    4. According to State Council Decree No. 676, “ Qualification for the operation of foreign contracted projects” Cancelled. Therefore, the applicant is no longer required to have the &ldquo stipulated in Article 6, Paragraph 2, paragraph 2 of the Measures; Have foreign contracting project management qualifications ” .

    (2) General contracting enterprises for material projects.

    1. The provisions of Article 8, paragraph 2, Item 2 of the Measures “ Having good financial credit conditions” Means:

    (1) the total owner's equity is not less than RMB 100 million;

    (2) The balance of cash and cash equivalents at the end of the year is not less than RMB 50 million.

    2. The provisions of Article 8, Paragraph 2, Item 4 of the Measures “ Have good business integrity performance” Means:

    (1) approved by the customs general credit enterprise;

    (2) not included in the prohibited list formulated by relevant international organizations and the competent department of The State Council.

    (3) not included “ List of joint disciplinary targets for dishonesty ” .

    3, qualification examination class identification work arrangement

    Apply for foreign aid complete set of project general contracting enterprise and material project general contracting enterprise qualification, as well as the original qualification need to extend the validity of the qualification of the enterprise, in accordance with the provisions of the Measures and the above requirements after the preparation of qualification application documents, Submit the application documents to the local competent department of Commerce or the Ministry of Commerce at any time (for details on the application procedures and document requirements, please refer to the column of Administrative Licensing Matters in the online government Affairs Hall of the Ministry of Commerce “ Qualification identification of enterprises implementing foreign aid projects” , website is: https://egov.mofcom.gov.cn).

    Iv. Transitional arrangements

    (1) Qualification examination class.

    According to the needs of the work, the qualifications of enterprises implementing foreign aid projects in the category of qualification examination shall be set up for a transitional period of 90 days from the date of this announcement. If the qualification license expires before or during the transition period, the relevant enterprise qualification shall continue to be valid during the transition period. If the qualification needs to be renewed, the application should be made at least 60 days before the end of the transition period. If the qualification license will expire after the transition period, the renewal of the qualification shall still be handled according to the current regulations.

    (2) Qualification bidding class.

    According to the needs of the work, before a new batch of qualified bidding for foreign aid projects implementation of enterprise qualifications, the current qualified bidding for foreign aid projects implementation of enterprise qualifications continue to be valid. After the new batch of enterprise qualification certification, the original qualification will become invalid.

 

Content Source: Ministry of Commerce Foreign Investment and Economic Cooperation Department