According to the "Administrative Licensing Law of the People's Republic of China" and the "Decision of the State Council on the Establishment of Administrative Licensing for Administrative Approval Items Needed to Be Retained" (Decree No. 412 of the State Council of the People's Republic of China), for strict market access and guarantee the quality of engineering consultation, The “Measures for the Qualification of Engineering Consulting Units†shall be formulated and approved by the Office of the Director of the National Development and Reform Commission. It is hereby released and will be implemented as of the date of promulgation.
Director of the National Development and Reform Commission: Ma Kai March 4, 2005
Attached:
Engineering consulting unit qualification method
Chapter I General Provisions
The first is strict market access to ensure the quality of engineering consultations, in accordance with the "Administrative Licensing Law of the People's Republic of China" and the "Decision of the State Council on the Establishment of Administrative Licensing for Administrative Approval Items Needed to Be Retained" (Decree No. 412 of the People's Republic of China) ), this method is specially formulated.
The second engineering consultation follows the principles of independence, impartiality and science, and uses multidisciplinary knowledge and experience, modern science and technology and management methods to provide social economic construction and engineering project decision-making and implementation for government departments, project owners and other types of clients. Intellectual services to enhance economic and social benefits and achieve sustainable development.
Article 3 The engineering consulting unit refers to enterprises and institutions established in China to carry out engineering consulting business and have independent legal personality.
Article 4 The qualification of engineering consulting units, which is related to the national and social investment benefits, is a qualification permitting matter that needs to be determined with special credibility and conditions.
The National Development and Reform Commission (hereinafter referred to as the National Development and Reform Commission) is the administrative department for the qualification of engineering consulting units.
Article 5 The qualifications of engineering consulting units include three levels: qualification level, consulting profession and service scope.
Article 6 The engineering consulting unit 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 Qualification Standards for Engineering Consulting Units
Article 7 The qualification level of engineering consulting units is divided into Grade A, Grade B and Grade C. The engineering consulting units at all levels shall conduct business in accordance with the relevant provisions of the State and the requirements of the owners.
Article 8 A Grade A engineering consulting unit shall have the following qualification standards:
(1) Basic conditions:
1. Engaged in engineering consulting business for not less than 5 years, the application of professional services, the corresponding consulting results are not less than 5, no bad records:
2. The registered capital is not less than 5 million yuan (excluding institutions);
3. There is a fixed office space, and the per capita use area is not less than 6 square meters:
4. Host or participate in the development of relevant industry standards and technical specifications.
(2) Technical strength:
1. The number of technicians engaged in engineering consulting business shall not be less than 60, of which no less than 30% of the personnel with advanced professional skills and economic titles, and 15% of registered consultants (investment) shall be no less than 15% of the total number of technicians. Professional and technical personnel shall not be higher than 10% of the total number of technical personnel. The above personnel shall not practise in two or more engineering consulting units at the same time;
2. Each professional field is equipped with corresponding professional and technical personnel of not less than 5 and at least 2 registered consulting engineers (investment):
3. The chief technical officer shall be qualified to be a registered consulting engineer (investment) and engaged in engineering consulting and related business for not less than 10 years.
(3) Technical level and technical equipment:
1. Master modern engineering technology and project management methods, advanced technology and equipment, complete accumulation of professional and technical data, and means to deal with relevant business information at home and abroad;
2. Ability to independently or cooperate with domestic and foreign engineering consulting units to undertake foreign engineering consulting services:
3. The professional and technical personnel directly engaged in business are equipped with no less than one computer per person, complete communication and information processing methods, can apply engineering technology and economic evaluation system software to carry out business, all use computer and system software to complete engineering consulting results document preparation and economic evaluation. .
(4) Management level:
1. Have a sound organizational structure and a sound management system;
2. Has a strict quality management system and system, has passed the IS09000 family quality management system certification.
Article 9 The B-level engineering consulting unit shall have the following qualification standards:
(1) Basic conditions:
1. Engaged in engineering consulting business for not less than 3 years, the number of consulting services for applying for professional services is not less than 5, no bad records;
2. The registered capital is not less than 2 million yuan (excluding institutions);
3. There is a fixed office space, and the per capita use area is not less than 6 square meters.
(2) Technical strength:
1. The number of technicians engaged in engineering consulting business shall not be less than 30, of which no less than 30% of the personnel with advanced professional skills and economic titles, and 15% of registered consultants (investment) shall be no less than 15% of the total number of technicians. Professional and technical personnel shall not be higher than 10% of the total number of technical personnel. The above personnel shall not practise in two or more engineering consulting units at the same time;
2. Each professional field is equipped with corresponding professional and technical personnel of not less than 5 and at least 2 registered consulting engineers (investment);
3. The chief technical officer shall be qualified to be a registered consulting engineer (investment) and engaged in engineering consulting and related business for not less than 8 years.
(3) Technical level and technical equipment:
1. Master modern engineering technology and project management methods, possess advanced technology and equipment, have the means to accumulate professional technical data and conduct timely inquiry of relevant professional information;
2. The professional and technical personnel directly engaged in business are equipped with no less than one computer per person. All of them use computer to complete the compilation of engineering consulting results documents, and the application of economic evaluation system software reaches more than 80%.
(4) Management level:
1. Have a sound organizational structure and a sound management system:
2. There are strict quality management systems and systems.
Article 10 The C-level engineering consulting unit shall have the following qualification standards:
(1) The registered capital is not lower than 500,000 yuan (excluding institutions);
(2) The number of professional and technical personnel shall not be less than 15 persons, of which no less than 30% of the personnel with senior professional skills and economic titles shall be registered, and the registered consulting engineer (investment) shall not be less than 15% of the total number of technical personnel, employing full-time retired professional skills. Personnel must not exceed 10% of the total number of technicians:
(3) Having no less than 5 professional and technical personnel in each professional field and at least one registered consulting engineer (investment);
(4) The main technical person in charge shall have the professional technical title of intermediate level or above or the qualification of registered consulting engineer (investment), and engage in engineering consulting and related business for not less than 5 years;
(5) There is a fixed office space, and the per capita use area is not less than 6 square meters:
(6) There is a strict quality management system.
Article 11 Any unit that applies for the qualification of engineering consulting shall generally start from the qualification of Class C.
Article 12 If the engineering consulting unit needs to broaden the scope of consulting profession and services for conducting business, it may apply for the corresponding level of temporary qualifications of the consulting profession and service scope according to the provisions of Articles 8, 9, 10 and 20.
Chapter III Division of Engineering Consulting Professionals and Service Scope
Article 13 The professional qualifications of engineering consulting units shall be classified according to the following 31 majors: (1) highways; (2) railways; (3) urban rail transit; (4) civil aviation; (5) hydropower; (6) nuclear power and nuclear power Industry; (7) thermal power; (8) coal; (9) oil and gas; (10) petrochemical: (11) chemical and pharmaceutical; (12) building materials; (13) machinery; (14) electronics; (15) Light industry; (16) Textile and chemical fiber; (17) Steel: (18) Non-ferrous metallurgy; (19) Agriculture; (20) Forestry; (21) Communication information; 12) Radio, Film and Television; (23) Hydrogeology, Engineering Survey, Geotechnical Engineering; (24) Water Conservancy Project; (25) Port and Sea Project; (26) Ecological Construction and Environmental Engineering (27) Municipal Public Works; (28) Construction; (29) Urban Planning; (30) Comprehensive Economy (not subject to specific professional restrictions); (31) Others (filled by specific majors) ).
Article 14 The scope of qualification services of engineering consulting units includes the following eight items:
(1) Planning and consultation: including industry, special and regional development planning and consultation;
(II) Preparation of project proposals: extravagance (including project investment opportunity research, pre-feasibility study):
(3) Preparing the project feasibility study report, the project request report and the fund application report:
(4) Evaluation consultation: including project proposal, feasibility study report, report and preliminary design evaluation in the project, and post-project evaluation, review of final budget and final accounts;
(5) Engineering design;
(6) Tendering agency:
(7) Project supervision and equipment supervision:
(8) Project management: including the whole process or several stages of management services of the project.
The engineering design, bidding agency, engineering supervision, and equipment supervision qualification shall be recognized by the relevant competent department of the State Council.
Article 15 The application for a comprehensive economic profession requires the following conditions:
(1) There should be no less than 8 individual professional qualifications:
(2) More than 4 registered consulting engineers (investments) in engineering, technology and economics.
Comprehensive economic professional qualifications, except for those who have obtained qualifications, are limited to the scope of services such as assessment consulting and project management.
Article 16 The applicant unit may apply for one or more professional and one or more service areas to consult qualifications according to the conditions. The qualifications of each major and various service scopes must be consistent with the corresponding conditions of professional technical strength, technical level and engineering consulting performance.
Chapter IV Qualification Recognition and Management Authority of Engineering Consulting Units
Article 17 The qualification of an engineering consulting unit shall be determined by the National Development and Reform Commission.
Article 18: The qualification of an engineering consulting unit shall be firstly reviewed by the preliminary examination agency and submitted to the National Development and Reform Commission for approval. According to the affiliation, each of the autonomous regions, municipalities directly under the Central Government, cities with separate plans and the Xinjiang Production and Construction Corps Development and Reform Commission and the relevant competent departments of the State Council are the first-instance institutions for the qualification of engineering consulting units. The central management enterprise can directly report to the National Development and Reform Commission.
Article 19 The "Engineering Consulting Unit Qualification Certificate" shall be uniformly printed by the National Development and Reform Commission. The "Engineering Consulting Unit Qualification Certificate: 抒" consists of a set of original and two sets of copies, the copy has the same legal effect as the original, and the engineering consulting unit qualification certificate is valid for 5 years.
Chapter V Procedures for Accreditation of Engineering Consulting Units
Article 20 If an applicant applies for engineering consulting qualifications, it shall fill in the software content of the China Engineering Consulting Business Management System and submit the text documents to the preliminary examination agency at the same time. The materials can be submitted by letter, email, etc.
(1) The materials submitted for electronic documents include: 1. Filling in the content: basic information of the unit, brief introduction of the main person in charge of the unit administration and technical economy, technical staff and computer equipment; operating status in the past three years and independent consulting Performance; 2. Scanned content: business license of enterprise legal person or legal person certificate of business institution; certificate of engineering consulting qualification of technical person in charge: certificate of professional technicians (high-level professional technology, economic title certificate, engineering consulting practice qualification registration) Certificates, social endowment insurance and personnel certification materials): relevant certificates of the unit (related certificates such as engineering design); balance sheet and profit and loss statement of the previous year; certificate of self-owned or leased office space and other relevant supporting documents.
(II) Submitting the text file: In addition to the above-mentioned electronic text content, it is necessary to provide the unit charter, the quality management system document and the completed feasibility study report text.
One copy of the above text file and electronic file.
Article 21 After receiving the application materials, the preliminary examination institution shall first conduct a material compliance review, hire relevant experts to conduct a review or conduct a site visit, and submit a preliminary review opinion.
Article 22 The National Development and Reform Commission shall organize an expert review committee to conduct a collective review of the preliminary review opinions, propose review opinions, and publicize them to the public. If there is no objection to the public announcement, it shall be approved by the National Development and Reform Commission and a qualification certificate for the engineering consulting unit shall be issued.
Chapter VI Time Limit for Qualification
Article 23 Qualifications shall be accepted on a regular basis and reviewed annually. The acceptance time was announced to the public two months in advance by the National Development and Reform Commission.
Article 24 The initial review period of the preliminary examination institution shall be 20 working days, and the expert review and field visit shall not be counted within the time limit for permitting.
Article 25 The National Development and Reform Commission shall, after receiving the preliminary examination opinions and materials of the preliminary examination institution, make a decision within 20 working days after the expert review committee submits the review opinions. If it is not possible to make a decision within 20 working days, it may be extended by 10 working days upon approval by the leader of the branch.
Chapter VII Upgrade, Demotion, Change and Termination of Engineering Consulting Qualifications
Article 26 Any unit that has obtained the C-level qualification certificate for 3 years and the second-level qualification certificate for 2 years may be subject to the grading standards stipulated in Articles 8, 9 and 10 of these Measures and the procedures stipulated in Article 20 Apply for upgrade or expand the scope of professional services; those who have been reviewed and downgraded by the review will first collect the original qualification certificate and issue a new certificate.
Article 27 If one of the following circumstances occurs in an engineering consulting unit, it shall be downgraded. If the circumstances are serious, the qualification of the engineering consulting unit shall be cancelled.
(1) After inspection, violation of the engineering consulting license practice method, industry professional ethics code of conduct and market competition rules;
(2) After verification, there are problems in the quality assessment of engineering consultation.
Article 28 If one of the following circumstances occurs in an engineering consulting unit, it shall apply to the original qualification-determining unit for the procedure for changing or terminating the engineering consulting qualification.
(1) Separation or merger, the “Consultation Unit Qualification Certificate†shall be returned to the original qualification-certified unit, and after re-audit and certification, the corresponding “Engineering Consulting Unit Qualification Certificate†shall be received;
(2) When the representative of the legal person of the unit and the principal technical person in charge change, the formalities for change shall be handled to the original qualified unit;
(3) When the project consulting business is terminated due to bankruptcy or other reasons, it shall be reported to the original qualification accreditation unit for filing, and the "Engineering Consulting Unit Qualification Certificate" shall be returned, and the corresponding cancellation and cancellation procedures shall be handled.
Chapter VIII Supervision and Inspection and Legal Responsibility
Article 29 Units that have obtained engineering consulting qualifications shall establish a corresponding self-inspection system and accept annual practice inspections.
Article 30 If the engineering consulting unit has one of the following acts, the accrediting unit shall give warnings, notices of criticism, suspension of business, rectification, and downgrade until the cancellation of the qualification of the engineering consulting unit according to the seriousness of the circumstances; if the crime is constituted, the criminal responsibility shall be investigated according to law. :
(1) Altering, reselling, leasing, lending the "Engineering Consulting Unit Qualification Certificate", or illegally transferring the "Engineering Consulting Unit Qualification Certificate" in other forms;
(2) Violating the provisions of these Measures, and engaging in engineering consulting activities beyond the scope of the recognized consulting profession and services;
(3) changing or terminating the business, failing to handle the change and corresponding cancellation or cancellation procedures in a timely manner;
(4) concealing relevant information from the administrative organ in charge of supervision and inspection, providing false materials or refusing to provide real materials reflecting their activities;
(5) Falsifying and falsifying, revealing the business secrets of the entrusting party and taking unfair competition means, damaging the interests of other engineering consulting units, and seriously violating professional ethics and codes of conduct;
(6) After verification, the quality of the consultation results has serious quality problems:
(7) There are other violations of laws and regulations.
Article 31 If a unit legal person or other organization does not apply for the "Engineering Consulting Unit Qualification Certificate" and engages in engineering consulting business without authorization, the development and reform commissions at all levels shall take measures to stop it according to the provisions; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 The National Development and Reform Commission shall be responsible for the supervision and inspection of the first-instance institution, and promptly correct the illegal and irregular behaviors in the qualification review of the engineering consulting unit.
Article 33 In any of the following circumstances, the decision of the National Development and Reform Commission to revoke the qualification:
(1) Assessing the staff member's abuse of power and dereliction of duty to determine the qualifications;
(2) Approving the qualifications for applicants who do not have the qualifications for application or who do not meet the statutory requirements;
(3) If the applicant unit obtains the qualification for engineering consulting by fraud or bribery or other improper means, it shall be revoked.
And you may not apply for engineering consulting qualification again within one year.
(4) Other circumstances in which the qualification can be revoked according to law.
Article 34 If the first-instance institution and its staff members violate one of the following circumstances in violation of the provisions of these Measures, they shall be ordered to make corrections: if the circumstances are serious, the directly responsible persons and other responsible persons shall be given administrative sanctions:
(1) If the application for project consulting qualification is not accepted for the unit that meets the qualification requirements:
(2) failing to fulfill the obligation of notification to the applicant or interested party in the process of accepting, reviewing, and approving the engineering consulting qualification;
(3) The application materials submitted by the applicant unit are incomplete and do not conform to the form of identification.
(4) Failure to state the application for disqualification and the reasons for not accepting the application.
Chapter IX Supplementary Provisions
Article 35 The expenses required for the implementation of the qualifications of the engineering consulting unit shall be included in the departmental budget, guaranteed by the financial budget of the same level, and shall be approved in accordance with the approved budget.
Article 36 The National Development and Reform Commission is responsible for the interpretation of these Measures.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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