Guidelines for Examination and Approval Items of the Qualification for Managing Foreign Contracted Projects (for Non-engineering Enterprises)
Sichuan Provincial Department of Commerce2019-05-20
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; a non-engineering construction entity shall have exported electromechanical products with a total value of USD50 million or more over the last year, have exported plants or large-size single machines which were designed and produced by it (or produced under the organization of it) with a total value of USD10 million or more over the last year, or have realized a business volume of USD10 million or more in the contracting of foreign projects over the last year and have successfully fulfilled three projects with each having a contract value of USD5 million or more over the last three years.

2. The registered capital of a non-engineering construction entity shall be CNY20 million or more; it shall have the professional technicians required by the contracting of foreign projects and have at least two management personnel who have engaged in the contracting of foreign projects for two years or more.

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 rules and regulations which guarantee the project quality and work safety, have not had any major project quality problem or any larger or more serious work safety accident over the last two years.

5. It shall have a good business reputation, have 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 a non-engineering construction entity, a certificate for export amounts issued by the customs or a relevant business statistical certificate issued by the Ministry of Commerce.

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. An enterprise's application materials shall be first subject to the preliminary review by the competent commerce authority under the people's government at the city (or state) level of the place where this enterprise is located, and then be submitted 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; and an enterprise directly under Sichuan Province may not be subject to the preliminary review by the local competent commerce authority.

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 non-engineering construction entities applying for the qualification for contracting foreign projects whose application materials are complete, the Sichuan Provincial Department of Commerce shall conduct review on such application materials within ten working days from the date of acceptance and then 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 CNY180 thousand as the reserve funds for foreign labor service cooperation to the special account of the competent commerce authority, and may also pay such reserve funds to the competent commerce authority in the form of a bank's letter of guarantee which has a value equivalent to the said amount.

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 foreign labor service cooperation issued by a 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.

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.