I. Legal Basis
1. Entities engaged in foreign project contracting and foreign labor service cooperation shall have corresponding capabilities or qualifications, and specific measures shall be formulated by the State Council. as provided by Article 10 of the Foreign Trade Law of the People's Republic of China (Issued under the Order of the President of the People's Republic of China [2004] No.15)
2. To contract foreign projects, an entity must get the foreign project contracting qualification in accordance with these Regulations. as provided by Article 7 and To apply for the foreign project contracting qualification, a central enterprise or any other entity directly under the Central Government (hereinafter referred to as central entity) shall file an application form together with the certifications specified in Article 8 of this Regulation with the competent commerce authorities of the State Council, while any other entity shall file an application form together with the certifications specified in Article 8 of these Regulations with the competent commerce authorities of the people's government of the province, autonomous region or municipality directly under the Central Government of the place where it is located. The competent commerce authorities of the State Council or the competent commerce authorities of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days after receiving the application form and certifications, examine the application materials together with the competent commerce authorities at the same level, and make a decision of approval or disapproval. In the case of approval, the competent commerce authorities of the State Council or the competent commerce authorities of the people's government of the province, autonomous region or municipality directly under the Central Government that accepts the application shall issue a foreign project contracting qualification certificate; and in the case of disapproval, it shall notify the applicant and give reasons therefor in written form. as provided by Article 9 of the Administrative Regulations on Contracting Foreign Projects (Issued under the Order of the State Council [2008] No.527)
3. To apply for the foreign project contracting qualification, a central enterprise or any other entity directly under the Central Government (hereinafter referred to as central entity) shall file an application with the Ministry of Commerce, while any other entity shall file an application with the competent commerce authority of the people's government at the provincial level of the place where it is registered. as provided by Article 7 of the Administrative Measures for the Qualifications for the Contracting of Foreign Projects (Issued under the Order of the Ministry of Commerce and the Ministry of Housing and Urban-Rural Development [2009] No.9)
II. Application Requirements
1. It shall have the legal person status; an engineering construction entity shall legally acquire a qualification certificate of the special class or First Class (Class A) issued by the department of housing and urban-rural development or any other relevant departments.
2. The registered capital of an engineering construction entity shall be consistent with the competence requirements for the entity (the term “registered capital” as mentioned in these Measures shall include initial registered funds); it shall have the professional technicians required by the contracting of foreign projects; the certificate issued by the contracting entity to prove that it has at least two management personnel who have engaged in the contracting of foreign construction projects for two years or more (the contracting entity should be an entity has the qualification for managing foreign contracted projects).
3. It shall have the safety protection capability required by the contracting of foreign projects, have set up an overseas safety protection leading group under the charge of the chief person in charge of the entity with at least two permanent staff, and have a corresponding overseas safety protection mechanism and emergency response plan.
4. It shall have a management system which ensures the project quality and work safety; a certificate issued by the safety supervision department to prove that it have not had any larger or more serious work safety accident over the last two years; a certificate issued by the department of housing and urban-rural development to prove that it have not had any major project quality problem over the last two years; and if it is a construction enterprise, have a work safety permit issued by the department of housing and urban-rural development.
5. A certificate issued by the bank of deposit of the enterprise to prove that it has a good business reputation, has not had a record of any major breach of contract or major illegal business operation over the last three years.
III. Application Materials
1. A written application for the qualification for contracting foreign projects, which should be an official application document with a reference number.
2. The organization code certificate of the People's Republic of China (copy).
3. The business license for an enterprise legal person or legal person certificate for a public institution (the original and the copy), or in the case of a foreign-funded enterprise, an approval certificate of a foreign-funded enterprise.
4. For an engineering construction entity, a qualification certificate (copy) of the special class or First Class (Class A) issued by the department of housing and urban-rural development or any other relevant departments, and if it is a construction enterprise, a work safety permit (copy) issued by the competent department of housing and urban-rural development.
5. Representation of the information about the professional technical staff and the management staff relating to contracting foreign projects and the relevant evidentiary materials.
6. Representation of the information about the applicants for overseas safety protection leading group and its permanent staff, as well as the overseas safety protection mechanism and emergency response plan.
7. The application documents for the management system of the project quality and work safety of the enterprise.
Electronic versions of the above application materials are required to be submitted. For those documents and certificates, the original should be submitted if it is not clearly required that the copies of such documents and certificates need to be submitted; and if the copies are submitted, the applicant should indicate on each copy that This copy conforms to the original upon verification and affix its seal to each copy.
The above application materials are made in two sets, and while the written application materials are submitted, the enterprise shall also fill in and submit the application form for the qualification for managing foreign contracted projects on the Internet.
First click on the public website of the Ministry of Commerce, then click on the Department of Outward Investment and Economic Cooperation, then the online affairs-handling, and then enter into the system for the qualification management of enterprises contracting foreign projects, then click on online application, at last click on applying for a certificate, and you may start to fill in the application form for the qualification for managing foreign contracted projects.
IV. Handling Procedures
1. The enterprise shall submit the application materials to the Window for the Department of Commerce of the government affairs service platform of the Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center.
2. For those enterprises whose application materials are not complete, the Sichuan Provincial Department of Commerce shall, after receiving their application materials, inform in writing all such applicants in one time within five working days.
3. For those engineering construction entities whose application materials are complete, their application materials will be transferred by the Sichuan Provincial Department of Commerce to the Sichuan Provincial Department of Housing and Urban-Rural Development within five working days from the date of acceptance in order to seek for opinions; the Sichuan Provincial Department of Housing and Urban-Rural Development shall, within 15 working days from the date of receiving the application materials, give its opinions on review and transfer such application materials back to the Sichuan Provincial Department of Commerce, which will, within ten working days from the date of receiving the opinions on review from the Sichuan Provincial Department of Housing and Urban-Rural Development, make a decision of approval or disapproval.
4. After the Sichuan Provincial Department of Commerce has issued its official reply to the enterprise, the enterprise shall come to the Foreign Trade Division of the Sichuan Provincial Department of Commerce, within one month, to handle the filing form for import and export of foreign trade; and within six months, to handle customs, foreign exchange, industrial and commercial, as well as tax procedures, and apply for the membership of China International Contractors Association.
5. After obtaining the qualification for managing foreign contracted projects, the enterprise shall pay CNY200 thousand as the reserve funds for risk disposal in foreign labor service cooperation to the bank appointed by the Sichuan Provincial Department of Commerce or the Sichuan Provincial Department of Finance, or may also come to a state-owned commercial bank to apply for a letter of guarantee for the reserve funds for risk disposal in foreign labor service cooperation (the limit of the letter of guarantee is CNY200 thousand).
6. The enterprise shall, by virtue of the official reply from the Sichuan Provincial Department of Commerce, and the letter of guarantee or the receipt for account entry for the reserves funds for risk disposal in foreign labor service cooperation issued by the state-owned commercial bank, within 30 days from the date of obtaining the qualification license for managing foreign contracted projects, come to the Sichuan Provincial Department of Commerce to get the Qualification Certificate of the People's Republic of China for Contracting Foreign Projects.
V. Period for Handling
1. Statutory period: 30 working days.
2. Commitment period: ten working days (except for the period upon the written consent by relevant department of housing and urban-rural development).
VI. Charging Basis and Standards
Free of charge.
VII. Certificates Required for Examination and Approval
The Qualification Certificate of the People's Republic of China for Contracting Foreign Projects.
VIII. Quantitative Restriction
None.
IX. Contact Information
1. Tel.: Window for the Department of Commerce (028) 86936855/86918020
2. Online affairs-handling halls
Sichuan Electronic Government Hall: dzzwdt.sc.gov.cn
Sichuan Government Affairs Service Hall: egov.sczw.gov.cn
3. Complaint hotlines
For Sichuan Provincial Office of Administrative Efficiency: 028-96960
For Sichuan Provincial Government Affairs Service and Public Resources Exchange Service Center: 028-86936179
For Sichuan Provincial Department of Commerce: (028) 83220487/83221124
X. Matters Needing Attention
None.
Appendix: Sample (or Format) Text
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