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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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商务部、外交部、发展改革委等关于促进对外承包工程高质量发展的指导意见
[现行有效]
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【法宝引证码】
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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 (incl. former State Development Planning 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,Others,All Administrations (others),State Administration of Foreign Exchange,Associations,All-China Federation of Industry & Commerce
- Document Number：
No. 273 [2019] of the Ministry of Commerce
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Date issued：
08-29-2019
- Effective date：
08-29-2019
- Level of Authority：
Departmental Regulatory Documents
- Area of Law：Foreign Economy and Trade,Optimization of Doing Business
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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 | | 商务部、外交部、发展改革委、教育部、工业和信息化部、公安部、财政部、住房城乡建设部、交通运输部、人民银行、国资委、海关总署、税务总局、市场监管总局、国际发展合作署、银保监会、证监会、外汇局、全国工商联关于促进对外承包工程高质量发展的指导意见 |
| (No. 273 [2019] of the Ministry of Commerce) | | （商合发〔2019〕273号） |
| 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、自治区、直辖市、计划单列市及新疆生产建设兵团有关部门、机构： |
| 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: | | 党的十八大以来，在共建“一带一路”倡议引领下，对外承包工程发展进入新阶段，取得显著成效，一批重大项目已成为共建“一带一路”的可视性成果。对外承包工程涉及境外工程项目投融资、设计咨询、设备采购、建设施工、运营管理等多个方面，对带动中国产品技术服务“走出去”和深化国际产能合作、促进国内经济转型升级、实现我与相关国家共赢发展发挥了重要作用。当前，国际国内环境正发生深刻复杂变化，对外承包工程发展既存在较好机遇，也面临诸多风险挑战。为加强宏观指导，促进对外承包工程高质量发展，现提出以下意见。 |
| I. General requirements | | 一、总体要求 |
| 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）指导思想。以习近平新时代中国特色社会主义思想为指导，全面贯彻党的十九大和十九届二中、三中全会精神，认真落实党中央、国务院决策部署，紧紧围绕统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局，坚持稳中求进工作总基调，坚持新发展理念，坚定奉行互利共赢开放战略，以共建“一带一路”为统领，以基础设施等重大项目建设和产能合作为重点，加快形成国际经济合作和竞争新优势，推动对外承包工程转型升级和高质量发展。 |
| 2. Basic principles | | （二）基本原则。 |
| - 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. | | --坚持企业主体。充分发挥市场在资源配置中的决定性作用，落实企业市场主体地位，鼓励有实力、有条件的各类所有制企业，不断提高跨国经营能力和国际化经营水平，按照市场原则和国际通行规则，积极稳妥地开展对外承包工程。 |
| - 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. | | --坚持质量优先。加快形成对外承包工程发展新优势，实现由规模速度型向质量效益型发展转变。引导企业坚持开放、绿色、廉洁理念，聚焦重点、精雕细琢，注重生态环境保护，建设高质量、可持续、抗风险、价格合理、包容可及的基础设施等工程项目。 |
| - 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. | | --坚持互利共赢。秉持共商共建共享原则，充分尊重和照顾各方利益关切，加强规划、政策和项目对接，积极开展第三方市场合作，通过对外承包工程推动相关国家和地区经济社会发展和民生改善。指导企业树立正确义利观，切实履行社会责任，深度融入当地社会。 |
| - 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. | | --坚持规范有序。加强组织领导和统筹协调，完善管理机制，改革管理方式，强化行业自律，督促企业切实规范经营行为，维护良好市场秩序。坚持底线思维，构建综合性风险防控体系，积极防范和化解各类风险。 |
| 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）主要目标。实现对外承包工程规模和全球市场份额稳中有升，结构逐步优化，领域不断拓宽，综合竞争力显著增强，由对外承包工程大国向对外承包工程强国转变。形成一批世界级的对外承包工程企业；培养一批具有国际化经营管理能力的人才队伍；打造一批综合效益好、社会影响力广泛、绿色环保的示范项目；推动中国建设品牌得到国际社会普遍认可和好评。建立一套完善、规范、科学的对外承包工程管理体制机制，促进服务有效、监管保障有力、便利化水平大幅提升。更好地服务我国经济社会发展和对外开放大局，有效促进项目所在国和世界经济发展，为推动构建人类命运共同体作出积极贡献。 |
| II. Accelerating the buildup of new strengths in the development of foreign project contracting | | 二、加快形成对外承包工程发展新优势 |
| 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）积极鼓励设计咨询“走出去”。引导有实力、有条件的工程设计咨询机构开展国际化经营，积极参与境外项目的勘察、规划、设计、咨询、造价、监理、项目管理等，加快与国际接轨步伐，不断提升国际竞争力，推动对外承包工程发展向产业链高端延伸。发挥工程设计、全过程工程咨询“走出去”对中国技术和标准以及建设施工“走出去”的引领带动作用，增添对外承包工程发展新动力。 |
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）积极促进投建营综合发展。增强企业参与项目投融资和建成后运营管理的能力，鼓励金融机构按照市场化原则对有条件的建设-运营-移交（BOT）等政府和社会资本合作（PPP）类项目提供项目融资。鼓励企业以建营一体化、投建营一体化等多种方式实施项目，提高产业链参与度和在国际分工中的地位，逐步实现由建设施工优势为主向投融资、工程建设、运营服务的综合优势转变。
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