Laws of the People's Republic of China

Jian Shi [2007] No.18

The construction departments of all provinces and autonomous regions, construction commissions of all municipalities directly under the Central Government (Beijing Municipal Planning Commission), the competent commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, the related departments under the State Council, the construction bureau and commerce bureau of Xinjiang Production and Construction Corps., the engineering bureau of the capital construction barracks department of the general logistics department of the Chinese People's Liberation Army, the enterprises governed by the State-owned Assets Supervision and Administration Commission of the State, and the related industrial associations:

For the purpose of implementing the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises (Order No.114 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation), the Ministry of Construction and the Ministry of Commerce jointly enacted the Detailed Rules for the Implementation of the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises. Hereby we print and distribute the present Detailed Rules to you for your earnest implementation. In case you have any problem or suggestion in the implementing process, please promptly contact the Construction Market Management Department under the Ministry of Construction and the Foreign Investment Management Department under the Ministry of Commerce.

The Ministry of Construction of the People's Republic of China

The Ministry of Commerce of the People's Republic of China

January 5, 2007

Detailed Rules for the Implementation of the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises

In order to implement the Provisions on Administering Foreign-invested Construction Engineering Design Enterprises (Order No.114 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation) (hereinafter referred to as Provisions), the present Detailed Rules are formulated.

1.

Procedure for application for the qualification of foreign-invested construction engineering design enterprise, and its acceptance as well as examination and approval

In case a foreign-invested construction engineering design enterprise files an application for the qualification of construction engineering design enterprise for the first time after obtaining the business license for enterprise as legal person, or for the upgrading, degrading, adding new item, change or writing-off, etc, of the qualification it obtained, the application, its acceptance, examining and approving procedure as well as examining standards shall be conducted under Article 7 of the Provisions, the provisions on the management of construction engineering design qualification and the present Detailed Rules.

2.

Conditions for checking and verifying the qualification of foreign-invested construction engineering design enterprise

The qualification of foreign-invested construction engineering design enterprise shall be checked and verified according to the standards for the qualification of construction engineering design enterprise, and the following requirements shall also be met:

(1)

The foreign service provider shall be an enterprise engaging in construction engineering design in the country or region at its locality or a natural person obtaining the related certified practicing qualification. Particularly, with regard to a foreign enterprise, it shall have achievements in the construction engineering design field in the country or region at its locality; with regard to a natural person, he/she shall be a certified architect or certified engineer engaging in construction engineering design in his/her host country.

(2)

In case a foreign-invested construction engineering design enterprise files an application for the qualification of engineering design for the first time, its foreign service provider (foreign investment party) shall provide two engineering design achievements or more that are completed beyond the borders of China, among which, no less than one shall be completed in the country or region at its locality; if it applies for the upgrading of its obtained qualification, it shall provide the engineering design achievements that are completed within or beyond the borders of China after obtaining the qualification of engineering design, among which, no less than two shall be completed within the borders of China.

(3)

In case a foreign-invested construction engineering design enterprise hires any foreign certified architect or certified engineer as major professional technical personnel for it when applying for the qualification of construction engineering design enterprise, it is not required to examine his/her professional and technical titles when examining his/her qualification, it is only necessary to examine his/her educational background, the years he/she has been engaging in the engineering design practice, his/her certified qualification in the foreign country as well as his/her achievements and reputation in the engineering design field. Simultaneously, one certified architect or certified engineer may only be hired by one engineering design enterprise and shall obtain the Employment Permit of the People's Republic of China for Foreign Nationals as issued by the related department under the Chinese Government, or Employment Permit for Personnel From Hong Kong, Macao and Taiwan in terms of a service provider from Hong Kong, Macao or Taiwan. His/her certified qualification that has been obtained in the foreign country shall be verified by the practicing qualification registration center of the Ministry of Construction. Particularly, he/she shall have an educational background of university or higher, 10 years of practical experience of engineering design or more, his/her major shall meet the requirements on the corresponding major professional technical personnel of the Standards for Engineering Design Qualification; his/her personal achievements completed beyond the borders of China shall be examined when an enterprise applies for the qualification for the first time.

(4)

In case a foreign-invested construction engineering design enterprise fails to meet the requirement as specified in Article 15 of the Provisions at present, it may hire Chinese certified architects or certified engineer to meet the requirement on the number of foreign service providers who have obtained the qualification of Chinese certified architect or certified engineer; it may also hire professional technical personnel with Chinese nationality to meet the requirement on the number of foreign service providers having related professional experience in engineering design.

(5)

In case a foreign service provider fails to meet the requirement on residence time as provisioned in Article 16 of the Provisions at present, it is not required to examine.

(6)

Any foreign-invested construction engineering design enterprise is forbidden to apply for the qualification of engineering design involving special industries or fields such as the national security and confidentiality of China.

3.

Application materials for the qualification of foreign-invested construction engineering design enterprise

The application materials for the qualification of foreign-invested construction engineering design enterprise shall be provided according to the provisions of Article 11 and Article 12 of the Provisions, with regard to Paragraph 6 stipulating that: ˇ°Other materials as required by the provisions on administrating the qualification of construction engineering design enterpriseˇ±, the present materials shall also meet the following requirements in addition to meeting the requirement on the standards for the qualification of construction engineering design enterprise:

(1)

materials in respect of the achievements completed by the foreign service provider beyond the borders of China:

(a)

the engineering design achievements as provided by a foreign enterprise shall be the engineering projects that are constructed by this enterprise upon the strength of the contracts signed with the owners in the name of the enterprise and have been accomplished with satisfactory quality. The content of an engineering project shall cover the name, place and scale of the project, etc, and the real object photos and the related documentary evidences shall also be attached. See Appendix 1 for the concrete requirements on documentary evidences.

(b)

the engineering design achievements of a certified architect or certified engineer shall be the engineering projects that are accomplished with the architect or engineer as the person in charge or a professional person in charge and have been finished with satisfactory quality. The content of an engineering project shall cover the name, place and scale of the project, etc, and the real object photos and the related documentary evidences shall be attached as well. See Appendix 2 for the specific requirements on documentary evidences.

(2)

related materials in respect of the certified qualification of a certified architect or certified engineer

(a)

valid academic certificate;

(b)

registered certificate of certified architect or certified engineer;

(c)

evidence on his/her compliance with professional ethics as issued by the society (association, administrative organ of registration, etc) to which he/she belongs;

(d)

Employment Permit of the People's Republic of China for Foreign Nationals or Employment Permit for Personnel from Hong Kong, Macao and Taiwan.

4.

Miscellaneous

In case any construction engineering design enterprise is set up with investments from investors of Hong Kong SAR, Macao SAR and Taiwan Region in any other province, autonomous region or municipality directly under the Central Government, it shall be governed by the present Detailed Rules by analogy.

The present Detailed Rules shall go into effect as of its promulgation.

Appendix 1: Evidences on the Achievements Completed by Foreign Service Providers (Enterprises) beyond the Borders of China (Omitted)

http://www.cin.gov.cn/indus/file/200701310301.doc

Appendix 2: Evidences on the Achievements Completed by Foreign Service Providers (Individuals) beyond the Borders of China (Omitted)

http://www.cin.gov.cn/indus/file/200701310302.doc