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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II QUALIFICATION GRADES CHAPTER III QUALIFICATION REQUIREMENTS CHAPTER IV PROCEDURES FOR QUALIFICATION APPLICATION AND ACCREDITATION CHAPTER V ADMINISTRATION ON QUALIFICATIONS CHAPTER VI SUPPLEMENTARY PROVISIONS The present Measures are hereby formulated for the purpose of regulating the administration on qualifications of the enterprises undertaking the construction of the complete foreign aid projects (hereinafter referred to the "CFAP"). CHAPTER I GENERAL PROVISIONS 1. The present Measures shall be applicable to the accreditation of qualifications of the enterprises undertaking the construction of the CFAP (hereinafter referred to the "CFAP construction enterprises"). 2. The "CFAP" mentioned in the present Measures shall refer to the complete foreign aid 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 the qualification of a CFAP construction enterprise in accordance with the qualification requirements and procedures prescribed by the present Measures, and may not undertake the CFAP construction task within the scope of qualification grade until they are qualified upon examination and have obtained the qualification of a CFAP construction enterprise of the corresponding grade. CHAPTER II QUALIFICATION GRADES 1. The qualifications of CFAP construction enterprises shall be classified into such two grades as Grade A and Grade B in accordance with the present Measures. 2. The Grade A CFAP construction enterprises may undertake all the CFAP construction tasks. The Grade B CFAP construction enterprises may only undertake the CFAP construction tasks with the total amount of RMB 50 million Yuan or less. 3. The Grade A or the Grade B CFAP construction 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 CFAP construction enterprises shall be the Chinese enterprise legal persons concurrently meeting the following qualification requirements: (1) All the contributors shall be Chinese investors; (2) Having the technical qualifications of the first grade or above or the corresponding grades approved by the relevant administrative departments in charge under the State Council; (3) Having the qualification of undertaking the business operation of the international project contracting approved by the Ministry of Commerce; (4) Passing the ISO 9000 international quality control system authentication and the authentication qualification is valid; (5) Operating without any loss in the two consecutive years before application (verification and check); (6) The accumulative total sales volume of international project contracting completed is not less than 30 million dollars in the two years before application (verification and check); and (7) 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). 2. The Grade B CFAP construction enterprises shall be Chinese enterprise legal persons, concurrently meeting the following qualification requirements: (1) All the contributors shall be Chinese investors; (2) Having the technical qualifications of the second grade or above or the corresponding grades approved by the relevant administrative department in charge under the State Council; (3) Having the qualifications of undertaking the business operation of the international project contracting approved by the Ministry of Commerce; (4) Passing the ISO 9000 international quality control system authentication and the authentication qualification is valid; (5) Operating without any loss in the two consecutive years before application (verification and check); (6) The accumulative total sales volume of international project contracting completed is not less than 5 million dollars in the two years before application (verification and check); and (7) 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). CHAPTER IV PROCEDURES FOR QUALIFICATION APPLICATION AND ACCREDITATION 1. The central government-controlled enterprises shall apply for the qualifications of a CFAP construction 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 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) Technical qualification certificate; (6) Documents of certificates of the qualifications for undertaking the business operation of international project contracting; (7) Certificate of the ISO 9000 international quality control system authentication; (8) Financial statements of the enterprises in the previous two years, which have been audited by the accountant institutions or auditing institutions; (9) Statement of the enterprises on the facts that they have no records of being imposed upon 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 (10) 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 materials of the competent provincial commerce departments, and announce the conclusions within 10 working days after finishing the examination. CHAPTER V ADMINISTRATION ON QUALIFICATIONS 1. In case an enterprise, which has obtained the qualification of a CFAP construction 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 qualification of a CFAP construction enterprise, and make examination and verification on their qualifications 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 qualification of a CFAP construction enterprise in the current 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 serve the following documents to the Ministry of Commerce before the deadlines prescribed in the notice of qualification examination and verification: (1) Letter of examination and verification on the application qualification; (2) Business license of an 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) Technical qualification certificate; (6) Documents of certificates of the qualifications for undertaking business operation of international project contracting; (7) Certificate of the ISO 9000 international quality control system authentication; (8) Financial statements of the enterprises in the previous two years, which have been audited by the accountant institutions or auditing institutions; (9) Statement of the enterprises on the facts that they have no records of being imposed upon 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 (10) 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 the Grade A CFAP construction enterprises but meet those of the Grade B CFAP construction enterprises, the enterprise shall be downgraded automatically to Grade B. If, upon examination and verification, an enterprise fails to meet the qualification requirements for either grade of CFAP construction enterprises, its qualification of a CFAP construction enterprise shall be invalidated automatically. 6. If an 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 a CFAP construction enterprise shall be invalidated automatically. 7. An enterprise whose qualification of a CFAP construction enterprise is invalidated automatically shall not reapply for such qualification 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. And 9. In case any enterprise obtains the qualification of a CFAP construction enterprise by improper means such as cheating or bribery, the Ministry of Commerce shall have the power to revoke its qualification. CHAPTER 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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