Circular of the Ministry of Commerce on Seeking Public Comments on the Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment)
Circular of the Ministry of Commerce on Seeking Public Comments on the Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment)
Circular of the Ministry of Commerce on Seeking Public Comments on the Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment)
November 22, 2019
The Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment) have been drafted in accordance with the Administrative Regulations on Contracting Foreign Projects (hereinafter referred to as the "Regulations"), the Decision on Amending and Repealing Some Administrative Regulations (Order of the State Council No. 676) and the Decision of the State Council on Cancelling Another Batch of Administrative Approval Items (Guo Fa [2017] No. 46) with a view to strengthening the standardized management of overseas contracted engineering projects and promoting the sound development of overseas contracting business, which are hereby issued to the public for comments thereon. The public may put forward their comments by the following means:
1. Log onto the legal information website of the Chinese government (http://www.chinalaw.gov.cn) and submit comments through the column "Collection of Comments on Legislation" under the main menu on the homepage.
2. Log onto the website of the Ministry of Commerce (http://www.mofcom.gov.cn), submit comments through the column "Solicitation of Comments" by clicking on the "Administrative Measures for the Record-filing and Reporting of Oversea Contracted Engineering Projects (Draft for Comment)".
3. Email to: tf_hezuo@mofcom.gov.cn.
4. Fax to: 010-65198905.
5. Mail to: Department of Treaty and Law, Ministry of Commerce, No. 2 East Chang'an Street, Beijing (100731).
Please mark the e-mail subject, the fax cover page or the envelope with the words "Public Comments on the Administrative Measures for the Record-filing and Reporting of Oversea Contracted Engineering Projects (Draft for Comment)".
The deadline for submission of comments is December 21, 2019.
Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and regulations including the Administrative Regulations on Contracting Foreign Projects (hereinafter referred to as the "Regulations"), the Decision on Amending and Repealing Some Administrative Regulations (Order of the State Council No. 676) and the Decision of the State Council on Cancelling Another Batch of Administrative Approval Items (Guo Fa [2017] No. 46) with a view to strengthening the standardized management of overseas contracted engineering projects and promoting the sound development of overseas contracting business.
Article 2 For the purpose of these Measures, an overseas contracted engineering project (hereinafter referred to as "engineering project" or "engineering projects") refers to any overseas construction and engineering project contracted by a Chinese enterprise (hereinafter referred to as "enterprise" or "enterprises") , including such activities as consultation, survey, geological survey, design, supervision, bidding, cost calculation, procurement, construction, installation, commissioning, operation and maintenance, scrapping and dismantlement.
Article 3 An enterprise intending to carry out any engineering project shall conscientiously abide by relevant laws and regulations, as well as international rules and practices, avoid unfair competition, strengthen risk prevention, perform necessary social responsibilities and establish a good image.
Article 4 The Ministry of Commerce shall be responsible for the record-filing and supervision of engineering projects carried out by headquarters of central enterprises (including joint-stock companies with whole principal business listed); competent departments of commerce at the provincial level shall be responsible for the record-filing and supervision of engineering projects carried out by local enterprises and enterprises affiliated to central enterprises within their respective administrative regions.
Relevant departments shall be responsible for engineering projects related supervision and administration in light of the scope of their respective duties and responsibilities as well as actual work to be undertaken by them.
Article 5 The Ministry of Commerce and competent departments of commerce at the provincial level (hereinafter referred to as "competent departments of commerce") as well as their working personnel shall protect enterprises' business secrets and disclose no enterprise or engineering project information to any unauthorized person or institution.
Chapter II Record-filing Management
Article 6 Competent departments of commerce shall, via the Overseas Contracted Project Database (hereinafter referred to as the "Database"), carry out record-filing management of engineering projects carried out by enterprises.
Article 7 An enterprise intending to carry out any engineering project shall go through the record-filing formalities prior to external bidding or negotiated bidding.
Article 8 An enterprise shall fill out the Overseas Contracted Engineering Project Record-filing Form (hereinafter referred to as the "Record-filing Form") via the Database and undertake that the information submitted is authentic, accurate and complete, it complies with the statutory form and relevant provisions of the Regulations and these Measures, accept the guidance and regulation from competent department of commerce, perform its obligations, assume its responsibilities and carry out relevant engineering project in accordance with laws and regulations.
......
November 22, 2019
The Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment) have been drafted in accordance with the Administrative Regulations on Contracting Foreign Projects (hereinafter referred to as the "Regulations"), the Decision on Amending and Repealing Some Administrative Regulations (Order of the State Council No. 676) and the Decision of the State Council on Cancelling Another Batch of Administrative Approval Items (Guo Fa [2017] No. 46) with a view to strengthening the standardized management of overseas contracted engineering projects and promoting the sound development of overseas contracting business, which are hereby issued to the public for comments thereon. The public may put forward their comments by the following means:
1. Log onto the legal information website of the Chinese government (http://www.chinalaw.gov.cn) and submit comments through the column "Collection of Comments on Legislation" under the main menu on the homepage.
2. Log onto the website of the Ministry of Commerce (http://www.mofcom.gov.cn), submit comments through the column "Solicitation of Comments" by clicking on the "Administrative Measures for the Record-filing and Reporting of Oversea Contracted Engineering Projects (Draft for Comment)".
3. Email to: tf_hezuo@mofcom.gov.cn.
4. Fax to: 010-65198905.
5. Mail to: Department of Treaty and Law, Ministry of Commerce, No. 2 East Chang'an Street, Beijing (100731).
Please mark the e-mail subject, the fax cover page or the envelope with the words "Public Comments on the Administrative Measures for the Record-filing and Reporting of Oversea Contracted Engineering Projects (Draft for Comment)".
The deadline for submission of comments is December 21, 2019.
Administrative Measures for the Record-filing and Reporting of Overseas Contracted Engineering Projects (Draft for Comment)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant laws and regulations including the Administrative Regulations on Contracting Foreign Projects (hereinafter referred to as the "Regulations"), the Decision on Amending and Repealing Some Administrative Regulations (Order of the State Council No. 676) and the Decision of the State Council on Cancelling Another Batch of Administrative Approval Items (Guo Fa [2017] No. 46) with a view to strengthening the standardized management of overseas contracted engineering projects and promoting the sound development of overseas contracting business.
Article 2 For the purpose of these Measures, an overseas contracted engineering project (hereinafter referred to as "engineering project" or "engineering projects") refers to any overseas construction and engineering project contracted by a Chinese enterprise (hereinafter referred to as "enterprise" or "enterprises") , including such activities as consultation, survey, geological survey, design, supervision, bidding, cost calculation, procurement, construction, installation, commissioning, operation and maintenance, scrapping and dismantlement.
Article 3 An enterprise intending to carry out any engineering project shall conscientiously abide by relevant laws and regulations, as well as international rules and practices, avoid unfair competition, strengthen risk prevention, perform necessary social responsibilities and establish a good image.
Article 4 The Ministry of Commerce shall be responsible for the record-filing and supervision of engineering projects carried out by headquarters of central enterprises (including joint-stock companies with whole principal business listed); competent departments of commerce at the provincial level shall be responsible for the record-filing and supervision of engineering projects carried out by local enterprises and enterprises affiliated to central enterprises within their respective administrative regions.
Relevant departments shall be responsible for engineering projects related supervision and administration in light of the scope of their respective duties and responsibilities as well as actual work to be undertaken by them.
Article 5 The Ministry of Commerce and competent departments of commerce at the provincial level (hereinafter referred to as "competent departments of commerce") as well as their working personnel shall protect enterprises' business secrets and disclose no enterprise or engineering project information to any unauthorized person or institution.
Chapter II Record-filing Management
Article 6 Competent departments of commerce shall, via the Overseas Contracted Project Database (hereinafter referred to as the "Database"), carry out record-filing management of engineering projects carried out by enterprises.
Article 7 An enterprise intending to carry out any engineering project shall go through the record-filing formalities prior to external bidding or negotiated bidding.
Article 8 An enterprise shall fill out the Overseas Contracted Engineering Project Record-filing Form (hereinafter referred to as the "Record-filing Form") via the Database and undertake that the information submitted is authentic, accurate and complete, it complies with the statutory form and relevant provisions of the Regulations and these Measures, accept the guidance and regulation from competent department of commerce, perform its obligations, assume its responsibilities and carry out relevant engineering project in accordance with laws and regulations.
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