Regulations on management of foreign contracted projects

2017-12-03 22:23:05 wyh 26

Order of the State Council of the People's Republic of China

No. 527th

The regulations on the management of foreign contracted projects have been adopted by the eighth standing meeting of the State Council in May 7, 2008 and are now promulgated and implemented since September 1, 2008.

Prime Minister Wen Jiabao

Two 00, July 21st, eight

Regulations on management of foreign contracted projects

Chapter I General rules

Article 1 this regulation is formulated in order to standardize the construction of foreign contracted projects and promote the healthy development of foreign contracted projects.

The second item of foreign contract engineering referred to in these Regulations refers to the activities of Chinese enterprises or other units (hereinafter referred to as units) to contract overseas construction projects (hereinafter referred to as engineering projects).

Third countries encourage and support the development of foreign contracting projects to improve the quality and level of foreign contracting projects.

The relevant departments of the State Council have formulated and perfected policies and measures to promote the construction of foreign contracted projects, and set up and perfect the service system of foreign contracting projects and the risk protection mechanism.

The fourth contract projects should be carried out, and the interests of the state and the public should be maintained and the legitimate rights and interests of the expatriate personnel should be guaranteed.

To carry out foreign contracted projects, we should abide by the laws of the country or region where the project is located, abide by the contract, respect the local customs and habits, pay attention to the protection of the ecological environment, and promote the development of the local economy and society.

Fifth, the competent department of commerce under the State Council is responsible for the supervision and management of the contracting projects abroad. The relevant departments under the State Council are responsible for the management of foreign contracted projects within their respective responsibilities.

The competent department of construction of the State Council shall organize and coordinate the construction of enterprises to participate in foreign contracting projects.

The Department of Commerce in charge of the people's Government of the provinces, autonomous regions and municipalities directly under the central government is responsible for the supervision and management of the contracted projects in the administrative region.

The sixth Association and chamber of Commerce on foreign contracted projects provide members with services related to information and training related to contracted projects according to the regulations, formulate industry norms according to law, play the role of coordination and self-discipline, and safeguard fair competition and members' interests.

The second chapter of the qualification of foreign contracted projects

The seventh units of foreign contracted projects shall, in accordance with the provisions of these regulations, obtain the qualifications for the contracted projects.

The following conditions shall be provided for the eighth application for the qualification of a foreign contract project:

(1) if there is a legal person qualification, the engineering construction unit should also get the qualification certificate issued by the competent department or other relevant departments according to law.

(two) there are funds and professional technicians that are suitable for carrying out foreign contracted projects. At least 2 of the management personnel have 2 years' experience in undertaking foreign contracted projects.

(three) the security ability to adapt to the development of foreign contracting projects;

(four) there are rules and regulations for ensuring engineering quality and safety in production. In recent 2 years, there has been no major engineering quality problems and production safety accidents above a large scale.

(five) there is a good business reputation, and there is no major breach of contract and record of major illegal operation in the last 3 years.

The ninth application for the qualification of foreign contracted projects and other units of the central enterprises and the central management (hereinafter referred to as the central unit) shall apply to the competent department of Commerce of the State Council, the central unit and other units shall be submitted to the local provincial, autonomous regions and municipalities directly under the central government, commerce department to apply; the application shall submit an application letter and in accordance with the the conditions stipulated in the article eighth certification materials. The competent department of commerce under the State Council or the competent department of Commerce of the people's Government of a province, autonomous region or municipality directly under the central government shall, within 30 days from the date of receipt of the application and certification materials, review the matter with the competent department of construction at the same level, and decide whether to approve or not to approve it. If approved, the competent department of commerce under the State Council or the competent department of Commerce of the people's Government of a province, autonomous region or municipality directly under the central government shall issue the qualification certificate of foreign contracted project. If it is not approved, it shall notify the applicant unit in writing and explain the reason.

The competent departments of Commerce of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall issue their qualification certificates for foreign contracted projects to the competent department of commerce under the State Council for the record.

Tenth. The competent department of Commerce of the State Council and of the provinces, autonomous regions, municipalities directly under the central government, the competent departments of Commerce in the supervision and inspection, found a foreign project contractor no longer meet the requirements of the present regulations, shall be ordered to make rectification within a time limit; if it still fails to meet the provisions of this Ordinance shall, revoke the qualification certificate of foreign contracted projects.

The third chapter contract project activities

Article eleventh the competent commerce department under the State Council shall, in conjunction with the relevant departments under the State Council shall establish a safety risk assessment mechanism of foreign projects, regularly publish the security situation of the countries and regions concerned assessment results, provide timely warning information, guide foreign project contractors do safety risk prevention.

The twelfth units of foreign contracted projects shall not undertake engineering projects at an unjustified low price, collusion with the tender, and no commercial bribe shall be carried out.

The thirteenth unit of foreign contracting project shall conclude a written contract with the contract maker of overseas project, clarify the rights and obligations of both parties, and perform obligations according to the contract.

The fourteenth unit of foreign contracted projects should strengthen the management of engineering quality and safety production, establish, improve and strictly enforce the rules and regulations of engineering quality and safety production management.

A foreign project contractor will project subcontracting, and subcontracting units shall enter into quality and special safety management agreement or the agreement of each project, project quality and safety management responsibilities in the subcontract, the subcontractor and the project quality and production safety work coordination, management.

The units contracted for overseas projects shall not subcontract the engineering projects to the units that do not possess the corresponding qualifications prescribed by the state, and the construction part of the project shall not be awarded to the domestic construction enterprises that have not obtained the safety production license according to law.

Subcontracting units may not subcontract or subcontract the project. In the subcontracting contract, the unit of the contracting project shall clearly stipulate that the subcontractor shall not subcontract or subcontract the project and be responsible for the supervision.

The fifteenth organization engaged in the intermediary service of foreign contracted projects shall be licensed by the competent department of commerce under the State Council, and shall be engaged in the intermediary service of expatriate contractors in accordance with the provisions of the competent department of commerce under the State Council.

The units that undertake foreign contracted projects shall employ intermediaries to recruit expatriates. They shall choose intermediaries licensed legally and legally operated, and shall not employ expatriates through intermediary agencies that have not obtained the law or have serious violations.

The sixteenth unit of foreign contracting project shall conclude a labor contract according to the expatriates recruited in accordance with the law, and send out personnel to provide the working conditions and remuneration according to the contract, fulfill the obligations of the employing unit.

Seventeenth a foreign project contractor shall have special safety management agencies and personnel, responsible for the protection of personnel assigned to the personal and property safety, and according to the specific circumstances of the project, make the protection of expatriates personal and property safety plan, implement the required funds.

According to the safety condition of the country or region where the project is located, the unit of foreign contracting project shall be targeted to send personnel to carry out safety education and emergency knowledge training, and enhance the safety awareness and self protection ability of expatriates.

The eighteenth units of foreign contracted projects shall buy overseas personal accidental injury insurance for the outbound personnel.

The nineteenth units of foreign contracted projects shall, in accordance with the provisions of the Department of business in charge of the State Council and the financial departments of the State Council, save and pay in time the reserve funds in time.

The reserve fund as stipulated in the preceding paragraph shall be used to pay the following expenses for the units that are used to pay for the contract of the foreign contract.

(1) the remuneration of the expatriate personnel;

(two) due to the occurrence of an emergency, the expatriate staff will return to the country or accept the cost of other emergency assistance.

(three) the cost of compensation for the loss of foreign personnel should be paid in accordance with the law.

After signing the contract with twentieth overseas contractors, they shall report to the Embassy in China in time.

The unit contracting abroad shall accept the guidance of the embassy and consulate of China in the area of emergency prevention, engineering quality, safety production and expatriate protection.

Twenty-first units of foreign contracted projects shall formulate contingency plans for emergencies. When emergencies happen abroad, they should be dealt with promptly and properly, and report to the embassies (consulates) and relevant competent departments of the state where they are stationed.

The competent department of commerce under the State Council shall, in conjunction with the relevant departments of the State Council, establish and improve the early warning, prevention and emergency response mechanism for emergency contracting of foreign contracted projects according to the principle of prevention and disposal, laying down a contingency plan for contracting foreign projects.

The twenty-second unit of foreign contracting project shall report to the business department on a regular basis the situation of contracting the project abroad, and submit the business statistics to the relevant departments according to the provisions of the competent department of Commerce and the statistical department of the State Council.

Twenty-third, the competent department of commerce under the State Council shall establish the information collection and notification system of contracting foreign projects together with relevant departments of the State Council, and provide information services to the units contracted abroad.

The relevant departments shall provide fast and convenient services to the units of the contracted projects in accordance with the law, such as the customs clearance of the goods and the entry and exit of the personnel.

The fourth chapter of legal responsibility

Twenty-fourth without obtaining the qualification of foreign contracted projects, to carry out foreign contracted projects, the commerce department shall order correction, at 500 thousand yuan to 1 million yuan fine; the illegal gains, confiscate the illegal income; the principal person in charge of more than 50 thousand yuan at 100 thousand yuan fine.

Twenty-fifth a foreign project contractor in any of the following circumstances, the administrative department of Commerce shall be ordered to make corrections, at more than 100 thousand yuan to 200 thousand yuan fine, the main person in charge of 10 thousand yuan to 20 thousand yuan fine; refuse to correct, the commerce department may ban in the 1 to 3 years the period of the new foreign contracted projects; caused by quality problems, serious project accidents over production safety accidents or other serious consequences, the commerce department may revoke its certificate of qualification of foreign contracted projects; construction units, construction administrative department or other relevant departments may reduce their level of qualification or revoke the qualification certificate:

(1) rules and regulations that have not been established and strictly enforced of the quality of the project and the management of safety production;

(two) no special safety management organization and personnel are responsible for protecting the personal and property safety of expatriates, or failing to make plans for protecting the safety of personal and property of expatriates according to the specific conditions of contracted projects, and implementing the required funds.

(three) safety prevention education and emergency knowledge training are not carried out by foreign personnel.

(four) there are no contingency plans for emergencies or unexpected incidents abroad, which are not handled in time and properly.

Twenty-sixth a foreign project contractor in any of the following circumstances, the administrative department of Commerce shall be ordered to make corrections, at more than 150 thousand yuan to 300 thousand yuan fine, the main person in charge of 20 thousand yuan to 50 thousand yuan fine; refuse to correct, the commerce department may ban in the 2 to 5 years the period of the new foreign contracted projects; caused by quality problems, serious project accidents over production safety accidents or other serious consequences, the commerce department may revoke its certificate of qualification of foreign contracted projects; construction units, construction administrative department or other relevant departments may reduce their level of qualification or revoke the qualification certificate:

(1) undertaking projects, collusion or commercial bribery at an unjustified low price;

(two) and subcontracting units to make quality and special safety management agreement projects, or not in the contract agreed in the respective project quality and safety management responsibility, quality and production safety work coordination, management or engineering subcontractors;

(three) subcontracting the engineering project to the units that do not have the corresponding qualifications prescribed by the state, or subcontracting the construction part of the engineering project to the domestic construction enterprises who have not obtained the safety production license in accordance with the law.

(four) it is not explicitly stipulated in the subcontract that the subcontract unit may not subcontract or subcontract the project.

Subcontractors shall be contracted or subcontracted project contracting, the construction administrative department shall order correction in accordance with the provisions of the preceding paragraph, the amount of the subcontractor and the main person in charge shall be fined; quality problems caused by major projects, or the occurrence of serious accidents over production safety accidents, the construction administrative department or other relevant departments can reduce the the level of qualification or revoke the qualification certificate.

Twenty-seventh of the units under the following circumstances shall be ordered to make corrections by the competent department of Commerce, and a fine of less than 20 thousand yuan or 50 thousand yuan. If a person refuses to make corrections, the principal person in charge shall be fined more than 5000 yuan or less than 10 thousand yuan.

(1) after concluding a contract with the contractor of an overseas project project, he did not report to the Chinese embassy (consulate) in the country of the project in time;

(two) unexpected incidents abroad are not reported immediately to the Chinese embassy (consulate) and the relevant competent authorities in the country where the project is located;

(three) failing to report regularly to the competent commercial department about the contracting of foreign projects, or failing to submit the business statistics to the relevant departments according to the regulations.

Twenty-eighth a foreign project contractor by failing to obtain a license or a major violation of the intermediary agencies recruit expatriates, or not in accordance with the provisions of this Ordinance for expatriates to buy overseas personal accident insurance, or not in accordance with the provisions of deposit reserve funds, the commerce department shall order correction within a prescribed time limit, at 50 thousand yuan more than 100 thousand fine yuan, the main person in charge of 5000 yuan to 10 thousand yuan fine; overdue correction, the commerce department may ban it in more than 1 years 3 years within the period of the new foreign contracted project.

The Commerce Department of the State Council without obtaining permission to engage in foreign contracted projects of expatriate intermediary service, by the competent department of Commerce of the State Council shall be ordered to correct, at more than 100 thousand yuan to 200 thousand yuan fine; the illegal gains, confiscate the illegal income; the main person in charge of more than 50 thousand yuan at 100 thousand yuan fine.

Article twenty-ninth the competent departments of Commerce, construction administrative departments and other relevant departments of the staff, in breach of privilege foreign contracted engineering supervision and management of dereliction of duty, which constitutes a crime, shall be investigated for criminal responsibility; does not constitute a crime, shall be punished.

The fifth chapter

Thirtieth items concerning import and export, import and export of technology, personnel entry and exit, customs and taxation, foreign exchange and other matters related to foreign contracted projects shall be handled in accordance with relevant laws, administrative regulations and relevant provisions of the state.

Thirty-first foreign project contracting units to participate in the tender bidding, bid amount in the Commerce Department of the State Council and the finance department under the State Council and other relevant departments shall project above the standard, the bank guarantee issued by other matters, for the provisions of the relevant departments in accordance with the administrative department of Commerce of the State Council and the finance department under the State Council.

Thirty-second foreign project contractor contract specific engineering project, or in the Commerce Department of the State Council in conjunction with the Ministry of foreign affairs and other relevant departments of a particular country or region contracted projects, shall be approved by the competent department of the State Council in conjunction with the relevant departments of the State Council for approval.

The thirty-third mainland units shall contract projects in the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan area, and shall be governed by the provisions of these regulations.

The implementation and management of the thirty-fourth Chinese government's foreign aid projects shall be carried out in accordance with the relevant regulations of the state.

The thirty-fifth Ordinance shall be implemented as of September 1, 2008.

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