The scope of the review of the first contract plan
The post and telecommunications department introduces external contracts for projects, regardless of the limit, source of funds, country of supplier, introduction and reimbursement method, project ownership (posts and telecommunications) department or local area), any one that meets one of the following conditions will be within the scope of the contract plan review.
1. A contract to import complete sets of communication equipment (including imported equipment signed in the form of a domestic trade contract) for the purpose of enhancing postal and telecommunications production capabilities;
2. To provide factory-specific Technology or complete sets of production line equipment, contracts to achieve the purpose of producing communication equipment;
3. Contracts for patented technology and key technology projects, as well as technical consulting, cooperation and project technical cooperation services with foreign enterprises for the purpose of service contract; Article 2 The review of the contract plan shall be carried out by the Ministry of Posts and Telecommunications and the post and telecommunications administration bureaus of provinces, autonomous regions and municipalities directly under the Central Government according to the division of responsibilities.
1. Project contracts subject to contract plan review by the Ministry of Posts and Telecommunications include:
1. Projects introduced by the Ministry of Posts and Telecommunications;
2. Projects for the introduction of inter-provincial and intra-provincial trunk line long-distance telecommunications transmission equipment and C3 and above long-distance switching equipment that have not yet been clearly selected by the Ministry;
3. This is a new equipment standard project that has not yet been clearly selected and involves the integrity, uniformity and advancement of the entire network.
2. Except for project contracts whose contract plans are reviewed by the Ministry of Posts and Telecommunications, the rest are reviewed by the Posts and Telecommunications Administration Bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government. Article 3 The review of the contract plan shall be based on the approved project feasibility study report. The review contents are:
1. Whether the content and scale of the contract plan are consistent with the feasibility study report of the approved project.
2. Whether the equipment format, host model and main equipment list comply with national or ministerial industrial policies and technical specifications;
3. Whether the price and payment method of the contract are reasonable;
4. Whether the rights, responsibilities, and obligations of the parties to the contract are clear, reciprocal, and reasonable; Whether technical training, technical inspections, equipment factory inspection, equipment manufacturing supervision and other matters involving going abroad are necessary. Article 4 Contract Plan Review Procedure
1. Each project unit shall promptly fill in the "Introduction Contract Plan Review Form" together with the project establishment report, feasibility study report, etc. after conducting technical and commercial negotiations with foreign investors. Article 2 Contract plan review shall be subject to the division of labor and shall be submitted to the contract plan review agency of the Ministry of Posts and Telecommunications or the provincial, autonomous region, or municipality postal and telecommunications administration bureaus. Projects involving the review by the Ministry of Posts and Telecommunications shall be reported to the Ministry of Posts and Telecommunications by the review agency of the provincial, autonomous region, or municipality postal administration bureau to which the project unit belongs.
2. The contract plan review agency of the Ministry of Posts and Telecommunications or the postal and telecommunications administration bureaus of provinces, autonomous regions, and municipalities directly under the Central Government shall, within one week after receiving all submitted documents (except items 1, 2, and 3 of Article 2 of these regulations) A reply will be given within 10 days and the "Introduction Contract Plan Approval Form" will be issued to the project introduction unit.
3. After the contract plan is reviewed and approved, the project introduction unit can notify the foreign trade company to sign the contract. Regarding the modification opinions put forward in the review plan, the importing unit shall carefully study together with the foreign trade company and amend the relevant contract terms. If new differences arise during negotiations, they should be promptly reported to the provincial, autonomous region, or municipality post and telecommunications administration or the ministry's import pre-examination agency and negotiate a solution.
4. If the contract plan review agency of the Ministry of Posts and Telecommunications or the postal and telecommunications administrations of provinces, autonomous regions, and municipalities directly under the Central Government does not give a reply for more than two weeks after receiving all submitted documents, the contract plan shall be deemed to have been approved, and the introducing unit may Sign contracts with foreign trade companies on your own.
5. For all imported project contracts that have been reviewed by the Ministry of Posts and Telecommunications in the contract plan, the contract text and main equipment statements should be reported to the Ministry for record after formal signing. For imported project contracts that are subject to contract plan review by the Posts and Telecommunications Administrations of provinces, autonomous regions, and municipalities directly under the Central Government, after formal signing, each contract plan review agency shall submit the "Introduction Contract Plan Approval Form" and "Introduction Contract Plan Approval Form" to the Ministry for record. Article 5: Establishment of the contract plan review agency
1. The contract plan agency of the Ministry of Posts and Telecommunications is located in the Mechanical and Electrical Equipment Import Office of the Ministry of Posts and Telecommunications.
The pre-examination agencies of each province, autonomous region, and municipality directly under the Central Government are set up in the corresponding departments of the post and telecommunications bureaus of each province, autonomous region, and municipality directly under the Central Government. Each bureau must select personnel with knowledge of economic and trade laws, foreign languages, technology, etc. to be responsible for this work.
2. The seal of the contract plan review agency of the Ministry of Posts and Telecommunications is the Mechanical and Electrical Equipment Import Office of the Ministry of Posts and Telecommunications. The seal of the postal and telecommunications bureaus of all provinces, autonomous regions and municipalities directly under the Central Government is: ××××Postal and Telecommunications Administration Contract Pre-examination Office. The seals are engraved by each administration. Article 6 Responsibility for the implementation of the contract plan review method
All postal and telecommunications departments at all levels must conduct contract plan review in accordance with these regulations. The responsibility for the delay of the introduction project due to untimely submission shall be borne by the importer. . Those who violate regulations and sign contracts with foreign parties without authorization should be criticized by correspondence or held administratively responsible, depending on the severity of the case. The Mechanical and Electrical Equipment Import Office of the Ministry of Posts and Telecommunications will notify the relevant contract approval authority to suspend the contract from taking effect. Article 7 The Department of Planning and Construction of the Ministry of Posts and Telecommunications is responsible for the interpretation of these regulations. These regulations will come into effect on October 1, 1995.