Laws of the People's Republic of China

Ministry of Construction, Ministry of Commerce

Decree of the Ministry of Construction and the Ministry of Commerce

No. 122

The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises were deliberated and adopted at the 24th executive meeting of the Ministry of Construction and the executive meeting of the Ministry of Commerce, which are hereby promulgated and shall come into force as of January 1st, 2004.

Wang Guangtao, Minister of the Ministry of Construction

Lv Fuyuan, Minister of the Ministry of Commerce

December 19th, 2003

The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises

With a view to promoting the development of the economic & trade relations between the Mainland and Hong Kong/Macao and to encouraging service providers form Hong Kong and Macao to establish construction and engineering design enterprises, the following supplementary provisions are formulated in accordance with the Mainland and Hong Kong Closer Economic Partnership Arrangement the Mainland and Macao Closer Economic Partnership Arrangement approved by the State Council, and the Regulations on the Administration of the Foreign-funded Construction and Engineering Design Enterprises (Decree No. 114 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation):

1.

Service providers from Hong Kong or Macao may establish solely funded construction and engineering design enterprises in the Mainland as of January 1st, 2004.

2.

When Hong Kong or Macao service providers establish construction and engineering design enterprises in the Mainland and apply for the qualification certificate, the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises and the relevant regulations governing the management of qualifications of construction and engineering design enterprises shall be complied with.

3.

The terms of "Hong Kong service providers" and "Macao service providers" as mentioned in the present Supplementary Provisions shall be in conformity with the definitions and meet the relevant requirements as respectively provided in the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic Partnership Arrangement.

4.

The responsibility to interpret the present Supplementary Provisions shall remain with the Ministry of Construction and the Ministry of Commerce according to their respective functions.

5.

The present Supplementary Provisions shall come into force as of January 1st, 2004.