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	NOTICE OF THE MINISTRY OF CONSTRUCTION ABOUT THE QUALIFICATION ADMINISTRATION OF FOREIGN ENTERPRISES UNDERTAKING PROJECTS IN CHINA

	(No. 193 (2003) of the Ministry of Construction promulgated on September 28, 2003)


SUBJECT : FOREIGN-FUNDED ENTERPRISES; QUALIFICATION
ISSUING DEPARTMENT : MINISTRY OF CONSTRUCTION OF THE PEOPEL'S REPUBLIC OF CHINA (DISSOLVED)
ISSUE DATE : 09/28/2003
IMPLEMENT DATE : 09/28/2003
LENGTH : 543 words
TEXT :

Article 26 of the Rules for the Administration of Foreign-funded Construction Enterprises (Order of the Ministry of Construction and Ministry of Foreign Trade and Economic Cooperation No. 116) provides: "the Interim Measures for the Qualification Administration of Foreign Enterprises Contracting Projects within China (Order of the Ministry of Construction No. 32) promulgated by the Ministry of Construction in 1994 shall be abolished as of October 1, 2003". At the same time, under Rules for the Administration of Foreign-funded Construction Enterprises, from October 1, 2003 no foreign enterprise may contract projects unless it has obtained the construction enterprise qualification certificate. Because the work related to the establishment of the foreign-funded construction enterprises and the qualification application is affected by the epidemic situation of "SARS" in the first half of this year, in order to make the foreign enterprises that contract projects smoothly complete the establishment of enterprises and the construction enterprise qualification applications, you are hereby notified of the following:

1. Where a foreign enterprise has obtained the Qualification Certificate for Foreign Enterprises to Contract Projects, but fails to obtain the Foreign Funded Construction Enterprise Qualification Certificate before October 1, 2003, it may, prior to April 1, 2004, apply for an extension of its qualification certificate or an expansion of geographic locations of the contracted projects on the basis of the project contracting agreements it has concluded.

The foreign enterprises that meet the requirements mentioned in the preceding paragraph may file an application for extending their respective qualification certificate or for expanding the locations of the contracted projects. The applications shall be subject to the preliminary examination of the administrative departments for construction of all provinces, autonomous regions directly under the Central Government, and the applications approved in the preliminary examination shall be handled by the Ministry of Construction uniformly.

2. No foreign investor among the enterprises that have obtained the Foreign Funded Construction Enterprise Qualification Certificate in accordance with the relevant provisions of the Order of the Ministry off Construction and the Ministry of Foreign Trade and Economic Cooperation No. 133 my continue to contract projects within China by acting as a foreign investor upon the strength of the Qualification Certificate of Foreign Enterprises to Contract Projects. When issuing the Foreign Funded Construction Enterprise Qualification Certificate, the administrative departments for construction of all provinces, autonomous regions, and municipalities directly under the Central Government shall take back the Foreign Funded Construction Enterprise Qualification Certificate simultaneously.

3. The administrative departments for construction of all provinces, autonomous regions and municipalities directly under the Central Government shall, pursuant to the above-mentioned requirements, intensify the management work related to the qualification applications of foreign enterprises, and at the same time, do a good job in collecting the information of implementing the Interim Measures for the Qualification Administration of Foreign Enterprises Contracting Projects within China (Order of the Ministry of Construction No. 32) (See the specific requirements in the Attachment) and shall submit the Information Summary Form for Foreign Enterprises Contracting Projects within China to the Construction Market Management Department of this Ministry before April 1, 2004.

4. The enterprises of Hong Kong, Macao and Taiwan shall refer to the present Notice in their contracting of projects.

Attachment: Information Summary Form for Foreign Enterprises Contracting Projects within China (Omitted)