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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II QUALIFICATION GRADES CHAPTER III QUALIFICATION REQUIREMENTS CHPATER IV PROCEDURES FOR QUALIFICATION APPLICATION AND ACCREDITATION CHAPTER V ADMINISTRATION ON QUALIFICATIONS CHPATER VI SUPPLEMENTARY PROVISIONS The present Measures are hereby formulated for the purpose of regulating the administration on qualifications of the enterprises undertaking the foreign aid material projects (hereinafter referred to the "FAMP"). CHAPTER I GENERAL PROVISIONS (1) The present Measures shall be applicable to the accreditation of the qualifications of the enterprises undertaking the FAMP (hereinafter referred to the "FAMP enterprises"). (2) The "FAMP" mentioned in the present Measures shall refer to the foreign aid material projects (including general material projects and single equipment projects) which are undertaken with the aid given gratis, gift loan, or low interests loan rendered by the Chinese government or under other special items of aid funds. (3) Enterprises shall apply for qualifications of an FAMP enterprise in accordance with the qualification requirements and procedures prescribed by the present Measures, and may not undertake the FAMP within the scope of qualification grade until they are qualified upon the examination and have obtained the qualification of an FAMP enterprise of the corresponding grades. CHAPTER II QUALIFICATION GRADES (1) The qualifications of the FAMP enterprises shall be classified into three grades, namely Grade A, Grade B and Grade C in accordance with the present Measures. (2) The Grade A FAMP enterprises may undertake all the FAMP. The Grade B FAMP enterprises may only undertake the FAMP with the total amount of RMB 10 million Yuan or less. And the Grade C FAMP enterprises may only undertake the FAMP with the total amount of RMB 3 million Yuan or less. (3) The Grade A, Grade B or Grade C FAMP enterprises shall be degraded or upgraded in accordance with the requirements and procedures prescribed in the present Measures. CHAPTER III QUALIFICATION REQUIREMENTS (1) The Grade A FAMP enterprises shall be the Chinese enterprise legal persons meeting the following qualification requirements concurrently: 1. All the contributors shall be Chinese investors; 2. Having gone through formalities for putting on records and registration of a business operator of foreign trade in accordance with the provisions of the Foreign Trade Law; 3. The registered capital shall be RMB 50 million Yuan or more; 4. Operating without any loss for two consecutive years before application (verification and check); 5. The total amount of import and export completed in cargo trade shall be no less than 1 hundred million dollars in the two consecutive years before application (verification and check); and 6. Having no records of being imposed upon criminal punishments or administrative punishments due to undertaking of illegal business activities or serious violation of the relevant provisions of the state on the administration of foreign aid within the 2 years before application (verification and check). (2) The Grade B FAMP enterprises shall be the Chinese enterprise legal persons meeting the following qualification requirements concurrently: 1. All the contributors shall be Chinese investors; 2. Having gone through formalities for putting on records and for registration of a business operator of foreign trade in accordance with the provisions of the Foreign Trade Law; 3. The registered capital shall be RMB 10 million Yuan or more; 4. Operating without any loss for two consecutive years before application (verification and check); 5. The total amount of import and export completed in cargo trade shall be no less than 50 million dollars in average for the two consecutive years before application (verification and check); or having undertaken the FAMP in the two consecutive years before application (verification and check) and the accumulative total amount of the contract for the projects implemented shall be no less than RMB 20 million Yuan; and 6. Having no records of being imposed upon criminal punishments or administrative punishments due to undertaking of illegal business activities or serious violation of the relevant provisions of the state on the administration of foreign aid within 2 years before application (verification and check). (3) The Grade C FAMP enterprises shall be the Chinese enterprise legal persons meeting the following qualification requirements concurrently: 1. All the contributors shall be Chinese investors; 2. Having gone through formalities for putting on records and for registration of a business operator of foreign trade in accordance with the provisions of the Foreign Trade Law; 3. Operating without any loss for two consecutive years before application (verification and check); 4. Having undertaken the FAMP in the two consecutive years before application (verification and check) and the accumulative total amount of the contract of the projects implemented shall be no less than RMB 10 million Yuan; and 5. Having no records of being imposed upon criminal punishments or administrative punishments due to undertaking of illegal business activities or serious violation of the relevant provisions of the state on the administration of foreign aid within 2 years before application (verification and check). CHPATER IV PROCEDURES FOR QUALIFICATION APPLICATION AND ACCREDITATION (1) The central government-controlled enterprises shall apply for the qualification of an FAMP enterprise to the Ministry of Commerce. Other enterprises shall apply to the competent commerce departments of the provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to the "competent provincial commerce departments") at the place where the enterprises are registered. And the competent provincial commerce departments shall complete the preliminary examination and verification within 20 working days after accepting the application. If the preliminary examination and verification is passed, they shall submit the opinions of the preliminary examination and verification together with the documents of application for enterprise qualifications to the Ministry of Commerce for approval. (2) Enterprises shall provide the following documents of application for qualifications when making the application: 1. Application letter; 2. Business license of the enterprise legal person (photocopy); 3. Capital verification report; 4. Documents of certificate of the identities of the contributors (in case the contributors are natural persons, their identity certificates and the photocopies thereof shall be attached. If the contributors are non-natural persons, their registration certificates and the photocopies thereof, identity certificates of legal representatives and the photocopies thereof shall be attached); 5. Certificate documents of having gone through the formalities for putting on records and for registration of a business operator of foreign trade; 6. Financial statements of the enterprises in the previous two years which have been audited by the accountant institutions or auditing institutions; 7. Statement of the enterprises on the facts that they have no records of criminal punishments or administrative punishments due to undertaking of illegal business activities or serious violation of the state provisions on the administration of foreign aid; and 8. Other documents believed necessary by the Ministry of Commerce. (3) The Ministry of Commerce shall complete the examination and verification within 20 working days from the date of accepting the application of the central government-controlled enterprises or the preliminary examination and verification documents of the competent provincial commerce departments, and announce the conclusions within 10 working days after finishing the examination and verification. CHAPTER V ADMINISTRATION ON QUALIFICATIONS (1) In case an enterprise, which has obtained the qualification of an FAMP enterprise, has any of the following alterations, it shall put it on records at the Ministry of Commerce within one month from the date of alteration: 1. Alteration of the name of the enterprise; 2. Alteration of the business place of the enterprise; 3. Alteration of the legal representative of the enterprise; 4. Alteration of the contributors. A non-central government-controlled enterprise shall send a copy of the said documents that have been put on records to the competent department of commerce at the level of the province where the enterprise is registered at the same time. (2) The Ministry of Commerce shall implement dynamic qualification administration on the enterprises that have obtained the qualifications of an FAMP enterprise, and make examination and verification on the qualification once every 2 years from the year of trial implementation of the present Measures, and issue a notice of qualification examination and verification beforehand. Those enterprises that have obtained the qualifications of an FAMP enterprise in the year of qualification examination and verification may not take part in the qualification examination and verification for the current year. (3) The enterprises taking part in the qualification examination and verification shall send the following documents to the Ministry of Commerce before the deadlines prescribed in the notice of qualification examination and verification: 1. Letter of verification and examination on the application qualification; 2. Business license of the enterprise legal person (photocopy); 3. Capital verification report; 4. Documents of certificate of the identities of the contributors (in case the contributors are natural persons, their identity certificates and the photocopies thereof shall be attached. If the contributors are non-natural persons, their registration certificates and the photocopies thereof, identity certificate of legal representatives and the photocopies thereof shall be attached); 5. Certificate documents of having gone through the formalities for putting on records and for registration of a business operator of foreign trade; 6. Financial statements of enterprises in the previous two years which have been audited by the accountant institutions or auditing institutions; 7. Statement of the enterprises on the facts that they have no records of criminal punishments or administrative punishments due to undertaking of illegal business activities or serious violation of the state provisions on the administration of foreign aid; and 8. Other documents believed necessary by the Ministry of Commerce. (4) An enterprise applying for being upgraded shall, in addition to submitting the said documents of examination and verification, apply officially for being upgraded in the letter of examination and verification of the application qualification, and shall be upgraded if it conforms to the qualification requirements for upgrading after examination. (5) Where upon examination and verification, an enterprise fails to meet the qualification requirements of FAMP enterprise of the respective grade but meets those of a lower grade, the enterprise shall be downgraded automatically to the corresponding grade. If, upon examination and verification, an enterprise fails to meet the qualification requirements for any grade of the FAMP enterprises, its qualification of an FAMP enterprise shall be invalidated automatically. (6) If an FAMP enterprise fails to serve the documents of examination and verification before the deadline prescribed in the notice of qualification examination and verification, its qualification of an FAMP enterprise shall be invalidated automatically. (7) An enterprise whose qualification of an FAMP enterprise is invalidated automatically shall not reapply for such qualifications within one year from the deadline for serving the documents of examination and verification by the enterprise prescribed in the notice of qualification examination and verification. (8) The Ministry of Commerce shall complete the examination and verification within 20 working days after the deadline for serving the documents of examination and verification by the enterprise prescribed in the notice of qualification examination and verification, and announce the conclusions within 10 working days after completing the examination and verification. (9) In case any enterprise obtains the qualification of an FAMP enterprise by improper means such as cheating or bribery, the Ministry of Commerce shall have the power to revoke its qualification. CHPATER VI SUPPLEMENTARY PROVISIONS (1) The "Chinese investors" mentioned in the present Measures shall not include the foreign-funded enterprises. (2) The present Measures shall come into force as of July 1, 2004. (3) The power to interpret the present Measures shall remain with the Ministry of Commerce. |
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