基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中外合作设计工程项目暂行规定 INTERIM PROVISIONS CONCERNING CHINESE-FOREIGN COOPERATION IN THEDESI GNING OF ENGINEERING PROJECTS

2006-05-18 14:39   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on March 27, 1986 and promulgated by the State Planning Commission and the Ministry of Foreign Economic Relations and Trade on June 5, 1986)
颁布日期:19860605  实施日期:19860701  颁布单位:国家计委、 经贸部

  Article 1 These Provisions are formulated to strengthen the administration of the cooperation between Chinese designing institutions and foreign designing institutions in the designing of engineering projects (hereinafter referred to as “cooperative designing”) and to promote the development of cooperative designing activities.

  Article 2 As regards engineering projects to be financed by Chinese investment or Chinese-foreign joint investment, or by foreign loans, when their designing is to be entrusted to foreign designing institutions, cooperative designing shall be carried out with the participation of Chinese designing institutions.

  As regards engineering projects to be financed by Chinese investment, if the designing can be undertaken by Chinese designing institutions, the task shall not be entrusted to any foreign designing institution, but part of the designing technology pertinent to the engineering project may be introduced or foreign designing institutions may be approached for consultancy on technological and economic matters.

  As regards engineering projects to be constructed within the territory of China and financed by foreign investment, the designing shall, in principle, be also undertaken by Chinese designing institutions; if the investors request that the designing be done by foreign designing institutions, cooperative designing shall be carried out with the participation of Chinese designing institutions.

  Article 3 In cases where engineering projects call for cooperative designing (including the foreign exchange needed for the cooperative designing), the competent authorities or the units undertaking the construction project shall, in accordance with the limits of authority for the administration of construction projects, make an application while submitting a written engineering project proposal or a written designing task report for examination and approval; and only after obtaining approval can they begin to peck for foreign cooperation. For small-scale engineering projects, the matter shall be approved by the competent authorities or by the planning commissions of the provinces, autonomous regions, or municipalities directly under the Central Government in accordance with the respective subordinative relationships. For large and medium-sized engineering projects, the matter shall, in accordance with the respective subordinative relationships, be examined by the competent authorities or by the provinces, autonomous regions, or municipalities directly under the Central Government, which shall then submit a report with their opinions to the State Planning Commission for examination and approval. As to extra-large engineering projects, the State Planning Commission shall organize preliminary examination and submit a report with its opinions concerning the examination to the State Council for approval.

  The competent authorities or the units undertaking the construction projects, while selecting the most qualified foreign designing institutions, shall also select domestic designing institutions for the cooperative designing.

  Article 4 Only after passing an examination of designing qualifications can a foreign designing institution be entrusted with the task of designing an engineering project in China. The competent authorities for the engineering project shall be responsible for examining the qualifications of the foreign designing institution. The examination of designing qualifications covers the following main items:

  (1) a certificate of registered designing qualifications issued by the country or region where the foreign designing institution is located;

  (2) the technical level, technical force, and the state of its technological equipment;

  (3) the record of its experiences in undertaking project designing and the state of its operations and management;

  (4) its reputation in society.

  Article 5 A contract for cooperative designing shall be concluded between the two parties in cooperation, stipulating explicitly the rights and obligations of the two parties. The contract of cooperative designing shall include the following main items:

  (1) the names of the two institutions in cooperation, their nationality, their head offices, and the names, positions, nationality and addresses of their respective legal representatives;

  (2) the purpose, scope and period of cooperation;

  (3) the form of cooperation, and the requirements for the contents, depth and quality of designs, and for work progress;

  (4) the mix of currencies in which the two cooperating parties wish to be paid for their designing fees, and the methods and the proportions of distribution;

  (5) the ways of business communication between the two parties in cooperation;

  (6) liabilities for the breach of contract;

  (7) the ways of settling disputes over the contract;

  (8) the conditions for the contract to be effective;

  (9) the date and place for signing the contract.

  Article 6 At the time when the contract for cooperative designing is signed, the chief designing party selected shall sign a contract for project designing with the entrusting party of the engineering project.

  Article 7 The cooperative designing may either cover the whole process of an engineering project, i.e., from prospecting to the designing of the project, or just involve a particular phase of the project.

  Article 8 With respect to the selection of the main types of equipment as well as that of materials, the proposal in the matter shall, after consultation between the two parties in cooperation, be put forward by the chief designing party. Equipment and materials originating in China shall be given priority in selection, on condition that they satisfy the requirements of production in terms of technology and use.

  Article 9 Advanced and appropriate standards and norms shall be adopted in cooperative designing and the two parties in cooperation shall provide each other with the models they plan to adopt.

  Article 10 The two parties in cooperation shall have a joint check up on the designing conditions, and both parties shall be jointly responsible for the quality of the designs. As soon as the two parties have completed their designing in accordance with the stipulations of the contract, they shall submit the designs to the entrusting party for examination and approval.

  Article 11 In the course of cooperative designing, in case the foreign designing institution requires basic data concerning the topography, geology, hydrology, meteorology, and environment in the location of the project, the entrusting party of the engineering project shall apply to the related competent authorities for examination and approval in accordance with the different categories of data, and the provision of such data is non- gratuitous. The users of such data are not permitted to transfer the data to a third party.

  Article 12 In the course of cooperative designing, the two parties in cooperation shall, in accordance with the stipulations of the contract, fulfil their respective obligations to the letter; if one party fails to meet the requirements of the contract, it shall take the liabilities stipulated in the contract.

  Article 13 The two parties in cooperation shall, in accordance with the provisions of the tax law of China, pay taxes on the income accruing to them from the designing work.

  Article 14 Cooperative designing, undertaken by designing institutions in Hong Kong and Macao with the designing institutions in the mainland, shall be handled with reference to these Provisions.

  Article 15 The right to interpret these Provisions resides in the State Planning Commission.

  Article 16 These Provisions shall go into effect as of July 1, 1986.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371