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Guiding Opinions of the Ministry of Commerce, the Ministry of Foreign Affairs, and the National Development and Reform Commission regarding Promoting High-quality Development of Foreign Project Contracting
[Effective]
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商務部、外交部、發展改革委等關于促進對外承包工程高質量發展的指導意見
[現行有效]
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【法寶引證碼】
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Issuing authority：
Instrumentalities of the State Council,All Ministries,Ministry of Commerce,Ministry of Foreign Affairs,All Commissions,State Development & Reform Commission,Ministry of Education,Ministry of Industry & Information Technology,Ministry of Public Security,Ministry of Finance,Ministry of Housing & Urban-Rural Development,Ministry of Transport,All Banks,People's Bank of China,State-owned Asset Supervision & Administration Commission of the State Council,All Agencies,General Administration of Customs,All Administrations,State Taxation Administration,State Administration for Market Regulation,China Banking and Insurance Regulatory Commission,China Securities Regulatory Commission,Other Institutions of the Central Government,Others,All Other Administrations,State Administration of Foreign Exchange,Associations,All-China Federation of Industry & Commerce
- Document Number：
No. 273 [2019] of the Ministry of Commerce
- Date issued：
08-29-2019
- Effective date:
08-29-2019
- Level of Authority:
Departmental Regulatory Documents
- Area of Law:Foreign Economy and Trade
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| Guiding Opinions of the Ministry of Commerce, the Ministry of Foreign Affairs, the National Development and Reform Commission, the Ministry of Education, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Finance, the Ministry of Housing and Urban-rural Development, the Ministry of Transport, the People's Bank of China, the State-owned Assets Supervision and Administration Commission, the General Administration of Customs, the State Taxation Administration, the State Administration for Market Regulation, the State Administration for International Development Cooperation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, the State Administration of Foreign Exchange, and the All-China Federation of Industry and Commerce regarding Promoting High-Quality Development of Foreign Project Contracting | | 商務部、外交部、發展改革委、教育部、工業和信息化部、公安部、財政部、住房城鄉建設部、交通運輸部、人民銀行、國資委、海關總署、稅務總局、市場監管總局、國際發展合作署、銀保監會、證監會、外彙局、全國工商聯關于促進對外承包工程高質量發展的指導意見 |
| (No. 273 [2019] of the Ministry of Commerce) | | （商合發〔2019〕273號） |
| The relevant departments and institutions of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, and Xinjiang Production and Construction Corps: | | 各省、自治區、直轄市、計劃單列市及新疆生產建設兵團有關部門、機構： |
| Since the 18th CPC National Congress, China's foreign project contracting has entered into a new stage under the guidance of the “Belt and Road” initiative, and significant achievements have been made, including several key projects that have resulted in notable successes. Foreign project contracting involves multiple aspects of overseas construction projects, such as investment and financing, design and consulting, engineering construction, and operation and management; and it also plays an important role in driving Chinese products, technologies and services to “go global”, deepening international capacity cooperation, promoting economic transition and upgrading in China, and supporting win-win development for both China and other countries. Currently, the international and domestic market environments are undergoing profound and complex changes, which have not only created good opportunities for the development of international project contracting, but also posed a number of risks and challenges. For the purposes of strengthening general guidance and advancing high-quality development of foreign project contracting, the opinions are hereby offered as follows: | | 黨的十八大以來，在共建“一帶一路”倡議引領下，對外承包工程發展進入新階段，取得顯著成效，一批重大項目已成為共建“一帶一路”的可視性成果。對外承包工程涉及境外工程項目投融資、設計咨詢、設備采購、建設施工、運營管理等多個方面，對帶動中國產品技術服務“走出去”和深化國際產能合作、促進國內經濟轉型升級、實現我與相關國家共贏發展發揮了重要作用。當前，國際國內環境正發生深刻複雜變化，對外承包工程發展既存在較好機遇，也面臨諸多風險挑戰。為加強宏觀指導，促進對外承包工程高質量發展，現提出以下意見。 |
| I. General requirements | | 一、總體要求 |
| 1. Guiding ideology: Taking Xi Jinping Thought on Socialism with Chinese Characteristics for the New Era as guidance, efforts shall be made to comprehensively fulfill the spirit of the 19th CPC National Congress, and the Second and Third Plenary Sessions of the 19th CPC Central Committee, as well as to implement the policies and arrangements of the CPC Central Committee and the State Council. Efforts shall revolve around pursuing coordinated implementation of the five-sphere integrated plan and the four-pronged comprehensive strategy, and shall stay committed to the general principle of seeking progress while maintaining stability, while also following the new concept of development, and firmly uphold the strategy of mutual benefits, win-win for all and opening up to the outside world. Taking the “Belt and Road” initiative as guideline, there shall be increased focus on the construction of infrastructure and other key projects as well as industrial capacity cooperation, acceleration of the buildup of new strengths in international economic cooperation and competition, and the transition, upgrading and high-quality development of China's foreign project contracting shall be pushed forward. | | （一）指導思想。以習近平新時代中國特色社會主義思想為指導，全面貫徹黨的十九大和十九屆二中、三中全會精神，認真落實黨中央、國務院決策部署，緊緊圍繞統籌推進“五位一體”總體布局和協調推進“四個全面”戰略布局，堅持穩中求進工作總基調，堅持新發展理念，堅定奉行互利共贏開放戰略，以共建“一帶一路”為統領，以基礎設施等重大項目建設和產能合作為重點，加快形成國際經濟合作和競爭新優勢，推動對外承包工程轉型升級和高質量發展。 |
| 2. Basic principles | | （二）基本原則。 |
| - Continuous recognition of enterprises as primary market players: maximizing the decisive role of the market in the allocation of resources, putting enterprises in a dominant position in the market, and encouraging enterprises under different forms of ownership that are economically strong and qualified to constantly improve their competency in international business operations, as well as actively and steadily engage in international project contracting according to market principles and internationally accepted rules. | | --堅持企業主體。充分發揮市場在資源配置中的決定性作用，落實企業市場主體地位，鼓勵有實力、有條件的各類所有制企業，不斷提高跨國經營能力和國際化經營水平，按照市場原則和國際通行規則，積極穩妥地開展對外承包工程。 |
| - Continuously giving priority to quality: accelerating the buildup of new strengths in the development of foreign project contracting, and shifting the focus from scale and speed to quality and efficiency, as well as guiding enterprises to follow the concept of openness, greenness and integrity, laying emphasis on main tasks and factual details, paying attention to the protection of ecological environment, and supporting the construction of infrastructure and other key projects with high quality, sustainability, risk tolerance, reasonable price, inclusiveness and accessibility. | | --堅持質量優先。加快形成對外承包工程發展新優勢，實現由規模速度型向質量效益型發展轉變。引導企業堅持開放、綠色、廉潔理念，聚焦重點、精雕細琢，注重生態環境保護，建設高質量、可持續、抗風險、價格合理、包容可及的基礎設施等工程項目。 |
| - Adherence to mutual benefits and win-win for all parties: following the principle of achieving shared growth through consultation and collaboration, respecting and accommodating the concerns of all parties involved, strengthening relations between plans, policies and specific projects, actively supporting the cooperation in third-party markets, and promoting the economic and social development and improving the living standards of the relevant countries and regions through foreign project contracting; as well as guiding enterprises to uphold the correct approach to ethics and profits, fulfilling their corporate social responsibilities, and closely integrating themselves into local communities. | | --堅持互利共贏。秉持共商共建共享原則，充分尊重和照顧各方利益關切，加強規劃、政策和項目對接，積極開展第三方市場合作，通過對外承包工程推動相關國家和地區經濟社會發展和民生改善。指導企業樹立正確義利觀，切實履行社會責任，深度融入當地社會。 |
| - Maintaining standards and good order: strengthening organizational leadership and overall coordination, improving the management system, reforming the management mode, reinforcing industry self-discipline, and enabling enterprises to properly manage operational activities and maintain a good market order; as well as continuing to prepare for the worst situation, building a comprehensive risk prevention system, and taking active measures to prevent and resolve various types of risks. | | --堅持規範有序。加強組織領導和統籌協調，完善管理機制，改革管理方式，強化行業自律，督促企業切實規範經營行為，維護良好市場秩序。堅持底線思維，構建綜合性風險防控體系，積極防範和化解各類風險。 |
| 3. Main objectives: steadily increasing the scale of foreign project contracting and global market share, gradually optimizing the structure of contracting, continuously expanding the scope of contracting, greatly enhancing the comprehensive competitiveness of Chinese contractors, and turning China from a big country to a strong country in international contracting; creating several world-class enterprises in the contracting of foreign construction projects, cultivating a number of talented personnel in the international operation management; as well as developing several demonstration projects that are comprehensively economical, socially influential, and environmental friendly; and enabling Chinese construction entities to be recognized and praised by the international community; establishing a set of foreign project contracting management systems and mechanisms that are solid, standardized and scientific, so as to support efficient services, strong supervision, and greater convenience; and better serving China's economic and social development and the overall situation of opening up to the outside world, effectively promoting the economic growth in countries where construction projects are located as well as the rest of the world, and making positive contributions to building a community with a shared future for the mankind. | | （三）主要目標。實現對外承包工程規模和全球市場份額穩中有升，結構逐步優化，領域不斷拓寬，綜合競爭力顯著增強，由對外承包工程大國向對外承包工程強國轉變。形成一批世界級的對外承包工程企業；培養一批具有國際化經營管理能力的人才隊伍；打造一批綜合效益好、社會影響力廣泛、綠色環保的示範項目；推動中國建設品牌得到國際社會普遍認可和好評。建立一套完善、規範、科學的對外承包工程管理體制機制，促進服務有效、監管保障有力、便利化水平大幅提升。更好地服務我國經濟社會發展和對外開放大局，有效促進項目所在國和世界經濟發展，為推動構建人類命運共同體作出積極貢獻。 |
| II. Accelerating the buildup of new strengths in the development of foreign project contracting | | 二、加快形成對外承包工程發展新優勢 |
| 4. Encouraging engineering design and consulting companies to “go global”: Competent and qualified engineering design and consulting companies shall be encouraged to engage in international business operations, participate in surveying, planning, design, consulting, controlling of costs, supervision, and project management of overseas projects, quicken the pace to keep up with the international standards, continuously improve international competitiveness, and promote the contracting of foreign projects on the higher end of the industrial chain. The strategy of encouraging engineering design and whole-process engineering consulting companies to “go global” shall play a bigger role in driving China's technology, standards and construction capabilities to meet international requirements, and add new fuels to the development of foreign project contracting. | | （四）積極鼓勵設計咨詢“走出去”。引導有實力、有條件的工程設計咨詢機構開展國際化經營，積極參與境外項目的勘察、規劃、設計、咨詢、造價、監理、項目管理等，加快與國際接軌步伐，不斷提升國際競爭力，推動對外承包工程發展向產業鏈高端延伸。發揮工程設計、全過程工程咨詢“走出去”對中國技術和標准以及建設施工“走出去”的引領帶動作用，增添對外承包工程發展新動力。 |
| 5. Advancing the integration of investment, construction and operation: Enterprises shall improve their capability to participate in project investment and financing as well as operation management after completion of projects; and financial institutions shall be encouraged to provide funds to Build-Operate-Transfer (BOT) projects and other Public-Private Partnership (PPP) projects according to market-oriented principles. Enterprises shall be encouraged to complete overseas contracted projects by means of integrating construction and operation or integrating investment, construction and operation, increase participation in the industrial chain and improve their status in the international division of labor. They shall also gradually shift from focusing solely on construction to comprehensive strengths in investment and financing, engineering construction, and operation services. | | （五）積極促進投建營綜合發展。增強企業參與項目投融資和建成後運營管理的能力，鼓勵金融機構按照市場化原則對有條件的建設-運營-移交（BOT）等政府和社會資本合作（PPP）類項目提供項目融資。鼓勵企業以建營一體化、投建營一體化等多種方式實施項目，提高產業鏈參與度和在國際分工中的地位，逐步實現由建設施工優勢為主向投融資、工程建設、運營服務的綜合優勢轉變。 |
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