Decree No.29 [2005] of the National Development and Reform Commission

According to "People's Republic of China (PRC) Administrative Licensing Law" and "the State Council's Decision on Setting Administrative Licensing for Administrative Examination and Approval Items that Need to Be Retained" (the State Council Order No.412 of the People's Republic of China), the Qualification Measures for Engineering Consulting Units issued by the National Development and Reform Commission of the People's Republic of China in 2005 are formulated in order to strictly enter the engineering consulting market and ensure the quality of engineering consulting. Director of National Development and Reform Commission: Ma Kai issued on March 4, 2005: Measures for Qualification Identification of Engineering Consulting Units of Enterprise Groups with Separate Planning and Enterprises with Central Management by Development and Reform Commissions of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps and relevant departments of the State Council Chapter I General Provisions Article 1 Strict market access to ensure the quality of engineering consulting. These Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC) and the Decision of the State Council Municipality on Setting Administrative Licensing for Administrative Examination and Approval Items that Need to Be Preserved (Order No.412 of the State Council of the People's Republic of China). Article 2 Engineering consultation is to follow the principles of independence, impartiality and science, and to provide government departments, project owners and other customers with intellectual services for social and economic construction and decision-making and implementation of engineering projects by using multidisciplinary knowledge, mature modern science and technology and management methods, so as to improve economic and social benefits and realize sustainable development. Article 3 Engineering consulting units refer to enterprises and institutions established in China to carry out engineering consulting business and have the qualification of independent legislators. Article 4 The qualification of an engineering consulting unit is related to the investment benefit of the state and society, and it is a qualification licensing matter that requires special reputation and conditions. 1 The National Development and Reform Commission (hereinafter referred to as the National Development and Reform Commission) is the administrative department in charge of qualification accreditation of engineering consulting units. Article 5 The qualification of an engineering consulting unit includes three parts: qualification grade, consulting specialty and service scope. Sixth engineering consulting units must obtain the engineering consulting qualification certificate issued by the National Development and Reform Commission according to law, and carry out the corresponding engineering consulting business with the engineering consulting qualification certificate. Chapter II Standards for Qualification Grades of Engineering Consulting Units Article 7 The qualification grades of engineering consulting units are divided into Grade A, Grade B and Grade C ... Engineering consulting units at all levels shall conduct business according to the relevant provisions of the state and the requirements of the owners. Article 8 A Grade A engineering consulting unit shall meet the following qualification standards: (1) Basic requirements: 1. Engaged in engineering consulting business for not less than 5 years, with not less than 5 corresponding consulting achievements within the scope of application, and no bad records; 2. The registered capital is not less than 5 million yuan (except institutions); 3. Have a fixed office space, with a per capita use area of not less than 6 square meters; 4. Preside over or participate in the formulation of relevant industry standards and technical specifications. (2) Technical strength: 1. There are not less than 60 technicians engaged in engineering consulting business, 30% of whom have senior professional technical and economic titles, registered consulting engineers (investment) are not less than 15% of the total number of technicians, and full-time retired professional technicians are not more than 10% of the total number of technicians. The above personnel shall not be at the same time. 2. Each professional field shall be equipped with at least 5 corresponding professional technicians and at least 2 registered consulting engineers (investors); 3. The main technical person in charge shall have the qualification of registered consulting engineer (investment) and have been engaged in engineering consulting and related business for not less than 10 years. (3) Technical level and equipment: 1. Master modern engineering technology and project management methods, advanced technology and equipment, and have relatively complete professional technical data accumulation and related business information processing means at home and abroad; 2. Have the ability to undertake foreign engineering consulting business independently or in cooperation with domestic and foreign engineering consulting units; 3. Professional and technical personnel directly engaged in business are equipped with no less than 1 computer per capita, with complete means of communication and information processing, and can apply engineering technology and economic evaluation system software to carry out business, and all use computers and system software to complete the preparation of engineering consulting documents and economic evaluation. (4) Management level: 1. Having a sound organizational structure and management system; 2. It has strict quality management system and rules, and has passed the ISO9000 family quality management system certification. Article 9 A Grade B engineering consulting unit shall meet the following qualification standards: (1) Basic requirements: 1. Engaged in engineering consulting business for not less than 3 years, with not less than 5 corresponding consulting achievements within the service scope of the applied major and no bad records; 2. The registered capital is not less than 2 million yuan (except institutions); 3. Have a fixed office space, with a per capita use area of not less than 6 square meters. (2) Technical strength: 1. There are not less than 30 technicians engaged in engineering consulting business, 30% of whom have senior professional titles, registered consulting engineers (investment) are not less than 15% of the total number of technicians, and full-time retired professional technicians are not more than 10% of the total number of technicians. The above personnel shall not be at the same time. 3 2. Each professional field is equipped with at least 5 corresponding professional technicians and at least 2 registered consulting engineers (investment); 3. The main technical person in charge shall have the qualification of registered consulting engineer (investment) and have engaged in engineering consulting and related business for not less than 8 years. (3) Technical level and equipment: 1. Master modern engineering technology and project management methods, have advanced technical equipment, have the means to accumulate professional technical information for development business, and query relevant professional information in time; 2. Professional and technical personnel directly engaged in business are equipped with no less than 1 computer per capita, and all of them use computers to complete the preparation of engineering consulting documents, and the application of economic evaluation system software reaches more than 80%. (4) Management level: 1. Having a sound organizational structure and management system; 2. There are strict quality management systems and rules. Article 10 A Grade C engineering consulting unit shall meet the following qualification standards: (1) The registered capital shall not be less than 500,000 yuan (except public institutions); (2) There shall be no less than 15 professional technicians, including no less than 30% with senior professional titles, no less than 15% with registered consulting engineers (investment) and no more than10% with full-time retired professional technicians; (3) Each professional field shall be equipped with at least 5 corresponding professional technicians and at least 1 registered consulting engineers (investors); (four) the main technical person in charge should have intermediate professional titles or registered consulting engineer (investment) qualification, engaged in engineering consulting and related business for not less than 5 years; (five) have a fixed office space, the per capita use area of not less than 6 square meters; (6) Strict quality management system. Eleventh new application for engineering consulting qualification units, in general, should start with Grade C qualification. Article 12 If an engineering consulting unit needs to broaden its consulting specialty and service scope due to business needs, it may apply for temporary qualification of consulting specialty and service scope at the corresponding level in accordance with the provisions of Articles 8, 9, 10 and 20. Chapter III Division of Engineering Consulting Specialty and Service Scope Article 13 The professional qualifications of engineering consulting units are divided according to the following 365,438+0 specialties: (1) Highway; (2) Railways; (3) Urban rail transit; (4) Civil aviation; (5) water and electricity; (6) nuclear power and nuclear industry; (7) thermal power; (8) Coal; (9) Oil and natural gas; (10) petrochemical industry; (xi) Chemical industry and medicine; (12) Building materials; (13) machinery; (14) electronics; (15) light industry; (sixteen) textiles and chemical fibers; (17) steel; (eighteen) non-ferrous metallurgy; (XIX) Agriculture; (20) forestry; (2 1) communication information; (22) Radio, film and television industry; (twenty-three) hydrogeology, engineering investigation, geotechnical engineering; (24) Water conservancy projects; (twenty-five) port river and sea engineering; (twenty-six) ecological construction and environmental engineering; (twenty-seven) municipal public works; (28) architecture; (29) urban planning; (30) comprehensive economy (not limited to sports); (thirty-one) other (fill in by specific major). Article 14 The qualification service scope of engineering consulting units includes the following eight contents: (1) Planning consultation: including the preparation and consultation of industry, special projects and regional development plans; (2) Preparation of project proposal (including project opportunity study and pre-feasibility study); (three) the preparation of project feasibility study report, project application report and fund application report; (4) Evaluation consultation: including project proposal, feasibility study report, project application report, preliminary design evaluation, post-project evaluation, budget and final accounts review, etc. ; (5) engineering design; (6) Tendering agency; (7) Engineering supervision and equipment supervision; (8) Project management: including the whole process or several stages of project management services. The qualifications of engineering design, bidding agency, engineering supervision and equipment supervision shall be determined by the relevant competent departments of the State Council. Article 15 To apply for a comprehensive economic major, the following conditions must be met at the same time: (1) There should be no less than 8 individual professional qualifications; (two) more than four registered consulting engineers (investment) specializing in engineering technology and economy. Comprehensive economic professional qualifications, in addition to professional qualifications, are limited to the scope of services such as evaluation, consulting and project management. Article 16 An applicant may apply for consulting qualification in one or more professions and one or more service fields according to conditions. The professional qualifications and service scope must meet the corresponding professional and technical strength, technical level and engineering consulting performance. Chapter IV Qualification Determination and Management Authority of Engineering Consulting Units Article 17 The qualification of engineering consulting units shall be determined by the National Development and Reform Commission. Eighteenth engineering consulting unit qualification, first by the preliminary examination institutions put forward preliminary opinions, and then submitted to the National Development and Reform Commission for approval. According to the affiliation, all provinces, autonomous regions, municipalities directly under the central government, cities under separate state planning, the Development and Reform Commission of Xinjiang Production and Construction Corps, and the relevant competent departments of the State Council are the first-instance institutions for the qualification determination of engineering consulting units. Central management enterprises can directly report to the National Development and Reform Commission. Nineteenth "Engineering Consulting Unit Qualification Certificate" is uniformly printed by the National Development and Reform Commission. The qualification certificate of engineering consulting unit consists of one set of original and two sets of copies, which have the same legal effect. The qualification certificate of engineering consulting unit is valid for 5 years. Chapter V Qualification Procedures for Engineering Consulting Units Article 20 When applying for engineering consulting qualification, the applicant shall fill in the software contents of China Engineering Consulting Business Management System and submit the text documents to the preliminary examination institution. Application materials can be submitted by letter or email. (1) The electronic documents submitted include: 1. Fill in the contents: the basic situation of the unit, the brief introduction of the main person in charge of administration, technology and economy of the unit, the technicians and computer equipment under preparation; Operating conditions in recent three years and achievements of independent engineering consulting; 2. Scan content: business license of enterprise legal person or certificate of single legal person; The technical director's engineering consulting qualification registration certificate; Prepare the certificates of professional and technical personnel (advanced professional technology, economic title certificate, engineering consulting qualification registration certificate, social endowment insurance and personnel certification materials); Relevant certificates of the unit (engineering design and other relevant certificates); Balance sheet and income statement of the previous year; Proof of own or leased office space and other relevant documents. (2) Submission of text documents: In addition to the above electronic documents, two copies of the company's articles of association, quality management system documents and the completed feasibility study report shall also be provided. One copy of the above text file and one copy of the electronic file. Twenty-first institutions of first instance shall, after receiving the application materials, first review the conformity of the materials, hire relevant experts for review or on-the-spot investigation, and put forward preliminary opinions. Article 22 The National Development and Reform Commission shall organize an expert review committee to collectively review the preliminary review opinions, and put forward the review opinions and announce them to the public. After publicity without objection, approved by the National Development and Reform Commission, and awarded the qualification certificate of engineering consulting unit. Chapter VI Time Limit for Qualification Accreditation Article 23 Qualification accreditation shall be accepted and reviewed in a centralized manner on a regular basis every year. The acceptance time shall be announced to the public by the National Development and Reform Commission two months in advance. Twenty-fourth institutions preliminary examination period is 20 working days, expert review and field visits are not included in the licensing period. Article 25 The National Development and Reform Commission shall make a decision within 20 working days after receiving the preliminary examination opinions and materials from the preliminary examination institutions, and the expert review committee shall put forward the review opinions. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the leaders in charge of the Committee. Chapter VII Upgrading, Downgrading, Alteration and Termination of Engineering Consulting Qualification Article 26 Units that have obtained Grade C qualification certificates for three years and Grade B qualification certificates for two years may apply for upgrading or expanding the scope of professional services in accordance with the grading standards stipulated in Articles 8, 9 and 10 of these Measures and the procedures stipulated in Article 20; Units that have been demoted after examination should first collect the original qualification grade certificate and then issue a new grade certificate. Twenty-seventh engineering consulting units in any of the following circumstances, should be downgraded. If the circumstances are serious, the qualification of engineering consulting unit shall be cancelled. (a) after inspection, in violation of the engineering consulting certificate practice methods, professional ethics and market competition rules; (two) after verification, there are problems in the quality evaluation of engineering consulting. Twenty-eighth engineering consulting units in any of the following circumstances, should apply to the original qualification certification unit for engineering consulting qualification change or termination procedures. (1) In case of division or merger, the Qualification Certificate of Engineering Consulting Unit shall be returned to the original qualification unit, and the corresponding Qualification Certificate of Engineering Consulting Unit shall be obtained after re-examination; (two) when the legal representative of the unit and the main technical person in charge change, they should go through the formalities of change at the original qualification certification unit; (three) when the engineering consulting business is terminated due to bankruptcy or other reasons, it shall be filed with the original qualification certification unit, and the qualification certificate of the engineering consulting unit shall be returned, and the corresponding cancellation and cancellation procedures shall be handled. Chapter VIII Supervision, Inspection and Legal Liability Article 29 A unit that has obtained the qualification of engineering consulting shall establish a corresponding self-inspection system and accept the annual practice inspection. Thirtieth engineering consulting unit has one of the following acts, by the qualification unit according to the seriousness of the case, were given a warning, informed criticism, suspend business for rectification, demotion until the cancellation of engineering consulting unit qualification; (1) Altering, reselling, leasing or lending the qualification certificate of an engineering consulting unit, or illegally transferring the qualification certificate of an engineering consulting unit in other forms; (two) in violation of the provisions of these measures, engaging in engineering consulting activities beyond the consulting profession and service scope; (three) change or termination of business, not timely change and the corresponding cancellation, cancellation procedures; (4) Concealing relevant information from the administrative organ in charge of supervision and inspection, providing false materials or refusing to provide true materials reflecting its activities; (five) fraud, disclosure of the business secrets of the client, unfair competition, damage to the interests of other engineering consulting units, a serious violation of professional ethics and code of conduct; (six) after verification, the consultation results have serious quality problems; (seven) other acts in violation of laws and regulations. Thirty-first units, legal persons and other organizations have not applied for the qualification certificate of engineering consulting units to engage in engineering consulting business, and the development and reform commissions at all levels shall take measures to stop them according to regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirty-second National Development and Reform Commission is responsible for the supervision and inspection of the preliminary examination institutions, and promptly correct the illegal acts in the qualification evaluation of engineering consulting units. Article 33 In any of the following circumstances, the National Development and Reform Commission shall revoke the qualification determination decision: (1) Evaluating the staff members' abuse of power or dereliction of duty and making the qualification determination decision; (two) the applicant does not have the qualification or does not meet the statutory conditions, and the qualification is granted; (three) if the applicant obtains the engineering consulting qualification by cheating, bribery or other improper means, it shall be revoked and shall not apply for the engineering consulting qualification again within one year. (four) other circumstances that can be revoked according to law. Thirty-fourth judicial institutions and their staff in violation of the provisions of these measures, one of the following circumstances, shall be ordered to make corrections; If the circumstances are serious, the directly responsible person in charge and other responsible personnel shall be given administrative demerits: (1) the application for engineering consulting qualification by units that meet the recognized conditions shall not be accepted; (two) in the process of accepting, examining and determining the qualification of engineering consulting, the applicant and the interested party have not fulfilled their obligation to inform; (3) The application materials submitted by the applicant are incomplete and do not conform to the confirmation form, and the applicant is informed that all the contents must be filled in at one time; (four) failing to explain the reasons for not accepting the qualification application and not accepting it according to law. Chapter IX Supplementary Provisions Article 35 The expenses required for the qualification certification of engineering consulting units shall be included in the departmental budget, guaranteed by the financial budget at the corresponding level, and allocated according to the approved budget. Article 36 These Measures shall be interpreted by the National Development and Reform Commission. 10 fully implement the No.29 order of the National Development and Reform Commission and earnestly perform the responsibilities of the Association-Interpretation of the Measures for Qualification Identification of Engineering Consulting Units Good morning, leaders and delegates! Entrusted by She Jianming, President of China Engineering Consulting Association, and approved by the Investment Department of the National Development and Reform Commission, I made a speech on the study and understanding of the National Development and Reform Commission's Order No.29 "Qualification Measures for Engineering Consulting Units" to communicate with you. If there are any mistakes, please criticize and correct them. As we all know, the National Development and Reform Commission issued Order No.29 on March 4 this year, Announcement No.23 on May 16, and six Administrative Measures for Registration of Registered Consulting Engineers (Trial) with the document of Development and Reform Investment [2005] No.983 on July 7. The National Development and Reform Commission issued several documents on engineering consultation in a few months, which is unprecedented and fully reflects the importance of engineering consultation. The Measures for Qualification Identification of Engineering Consulting Units (hereinafter referred to as the Measures) consists of nine chapters and 36 articles 13 schedule, which is of little significance. I want to interpret them from the following four aspects: 1. Introduction to Related Background (1) The concept identification method of engineering consulting unit gives a systematic and up-to-date expression to a series of concepts such as engineering consulting, engineering consulting unit, engineering consulting unit qualification and engineering consulting unit qualification identification. 1, engineering consulting is to follow the principles of independence, fairness and science, and to provide government departments, project owners and other customers with intellectual services for social and economic construction and decision-making and implementation of engineering projects by using multidisciplinary knowledge and experience, modern science and technology and management methods, so as to improve economic and social benefits and realize sustainable development. The nature, tasks, responsibilities, basic principles to be followed and the basic methods of 1 1 are clearly and concisely expounded. Order No.2 of 1994 and the articles of association of 2003 are mainly aimed at the engineering consulting industry. 2. Engineering consulting units refer to enterprises and institutions established in China to carry out engineering consulting business and have independent legal personality. These are the three elements of engineering consulting units that we have always adhered to, and we should pay attention to distinguish them in the evaluation. For example, an enterprise legal person who is not an enterprise or institution, an unincorporated unit with a business license, and those engaged in finance, finance, accounting and construction contracting are not engineering consulting units, but an exclusive provision. 3. The qualification of engineering consulting unit includes three parts: qualification grade, consulting specialty and service scope. It follows the formulation of Document No.2001038 of China Engineering Consulting Association (hereinafter referred to as Document No.038 of China Consulting Association), and its content is complete and comprehensive. The "three excesses" behavior often mentioned in previous practice inspections includes three parts. 4. The qualification of engineering consulting unit is related to the investment benefit of the country and society, and it is a qualification licensing matter that needs special reputation and conditions to be determined. Article 12 of the Administrative Licensing Law stipulates that administrative licensing can be divided into six categories: general, franchise, qualification, examination and approval, registration and other matters. The qualification identification of engineering consulting units is an administrative licensing matter that corresponds to the third paragraph, provides public services, is directly related to public interests, and needs special reputation and special conditions to be identified. (2) The significance of qualification identification of engineering consulting units 1. The Measures for Qualification Identification of Engineering Consulting Units is one of a series of documents supported by the National Development and Reform Commission to reform the investment system. The qualification identification of engineering consulting units is related to the investment benefit of the country and society, and is an important part of the overall framework of investment system reform. 2. Engineering consulting is the product of China's reform and opening up, and it is a new industry in the growth stage. The Decision on Investment System Reform (12) issued by the State Council in July last year brought engineering consulting into the government investment supervision system for the first time at the national level. Prior to this, the word was not used in national laws, regulations and government documents, including directly related contract law and bidding law. The decision clearly puts forward the requirements of "strengthening the management of intermediary services for government investment projects and implementing qualification management for intermediary agencies such as consulting, evaluation and bidding agencies", and regards "strengthening the supervision of investment intermediary services" as one of the goals of deepening the reform of the investment system. 3. According to the classification standard of WTO, engineering consulting belongs to service trade, and belongs to "professional service" and "construction and related engineering service" in specific commitment departments. Engineering consultation is an important field of specialized service industry and the "infrastructure" of market economy system. It should be said that it is a common practice in the market economy to identify the qualifications of units in this particular industry.