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Article 1 These Provisions are formulated according to the Construction Law of the People¡¯s Republic of China, the Bidding Law of the People¡¯s Republic of China, the Law of the People¡¯s Republic of China on Chinese-foreign Equity Joint Ventures, the Law of the People¡¯s Republic of China on Chinese-foreign Contractual Joint Ventures, the Law of the People¡¯s Republic of China on Foreign-invested Enterprises, the Regulation on the Quality Administration of Construction Projects and other laws and administrative regulations for the purpose of opening wider to the outside world and regulating the administration of foreign-invested construction engineering service enterprises. Article 2 The establishment of foreign-invested construction engineering service enterprises, the application for the qualification of foreign-invested construction engineering service enterprises and the supervision over and administration of foreign-invested construction engineering service enterprises within the territory of the People¡¯s Republic of China shall be governed by these Provisions. Article 3 The term ¡°foreign-invested construction engineering service enterprises¡± as mentioned in these Provisions refers to those Chinese-foreign equity joint construction engineering service enterprises, Chinese-foreign contractual joint construction engineering service enterprises and foreign-invested construction engineering service enterprises that are established within the territory of the People¡¯s Republic of China and have obtained corresponding qualifications. The ¡°construction engineering services¡± as mentioned in these Provisions includes the construction engineering supervision, project bidding agency services and project cost consultation services. Article 4 For the establishment of a foreign-invested construction engineering service enterprise or for the provision of construction engineering services within the territory of the People¡¯s Republic of China, a foreign investor shall obtain a certificate on approval of the foreign-invested enterprise as issued by the commerce administrative department, file registration at the administrative department for industry and commerce, and obtain a corresponding qualification certificate for the construction engineering service enterprise as issued by the construction administrative department. Article 5 A foreign-invested construction engineering service enterprise shall, when providing construction engineering services, abide by the laws, regulations and rules of the People¡¯s Republic of China. Lawful business operations as well as lawful rights and interests of any foreign-invested construction engineering service enterprise within the territory of the People¡¯s Republic of China shall be protected by the laws, regulations and rules of the People¡¯s Republic of China. Article 6 The commerce administrative department under the State Council and the commerce administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the establishment administration of foreign-invested construction engineering service enterprises. The construction administrative department under the State Council shall be responsible for the qualification administration of foreign-invested construction engineering service enterprises. The construction administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the qualification administration of the foreign-invested construction engineering service enterprises within their respective jurisdictions according to these Provisions. Article 7 The establishment of foreign-invested construction engineering service enterprises shall be subject to examination and approval of the commerce administrative department of the provinces, autonomous regions, and municipalities directly under the Central Government as empowered by the commerce administrative department under the State Council. The applications for the grade-A qualifications of foreign-invested construction engineering service enterprises shall be subject to examination and approval of the construction administrative department under the State Council; and the applications for the grade-B or lower-grade qualifications of foreign-invested construction engineering service enterprises shall be subject to examination and approval of the construction administrative departments of the provinces, autonomous regions, and municipalities directly under the Central Government. Article 8 The procedures for establishing a foreign-invested construction engineering service enterprise and applying for the qualification of foreign-invested construction engineering service enterprises shall be: (1) The applicant files an establishment application with the commerce administrative department of the province, autonomous region, or municipality directly under the Central Government at the locality of the enterprise to be established; (2) The commerce administrative department of the province, autonomous region, or municipality directly under the Central Government submits the application materials to the construction administrative department of the province, autonomous region, or municipality directly under the Central Government for soliciting opinions within five days upon acceptance of an application; (3) The construction administrative department of the province, autonomous region, or municipality directly under the Central Government puts forward its written opinions within 10 days upon receipt of a letter on soliciting opinions. The commerce administrative department of the province, autonomous region, or municipality directly under the Central Government makes a written decision on approval or disapproval within 30 days upon receipt of the written opinions issued by the construction administrative department; and shall grant a certification on approval of the foreign-invested enterprise in the case of approval or explain the reasons in written form in the case of disapproval; (4) An applicant shall, within 30 days after having obtained a certification on approval of the foreign-invested enterprise, file registration of the enterprise at the registration administrative department; and (5) An applicant shall, after having obtained a business license for enterprise legal persons, apply for the qualification of foreign-invested construction engineering service enterprises according to the relevant provisions on qualification administration. Article 9 The qualifications of foreign-invested construction engineering service enterprises as examined and approved by the construction administrative department of the province, autonomous region, or municipality directly under the Central Government shall be reported to the construction administrative department under the State Council for archival filing within 30 days upon approval. Article 10 An applicant for establishing a foreign-invested construction engineering service enterprise shall submit the following materials to the commerce administrative department of the province, autonomous region, or municipality directly under the Central Government: (1) An application form for the establishment of the foreign-invested construction engineering service enterprise; (2) Contracts and articles of association of the foreign-invested construction engineering service enterprise (of which, only the articles of association need to be provided in the case of an exclusively foreign-invested construction engineering service enterprise); (3) A notice on advance approval of the enterprise name; (4) Registration certificates and bank credit certificates of the investors; (5) Appointment documents and certification documents for the chairman of the board of directors , directors, managers and engineering technician in-charge, etc. to be assigned by the investors; and (6) Balance sheets as well as profit and loss statements of the investors for the recent three years as audited by certified public accountants or accounting firms. In case an investor has been established for less than three years, its balance sheets as well as profit and loss statements for the actual years shall be provided. Article 11 To apply for the qualification of the foreign-invested construction engineering service enterprise, the following materials shall be submitted to the construction administrative department: (1) An application form for the qualification of the foreign-invested construction engineering service enterprise; (2) A certificate on approval of the foreign-invested enterprise; (3) Business license for enterprise legal persons; (4) Registration certificates, relevant performance certificates and bank credit certificates about the investors as issued by their own countries or regions; (5) Balance sheets as well as profit and loss statements of the investors for the recent three years as audited by certified public accountants or accounting firms. In case an investor has been established for less than three years, its balance sheets as well as profit and loss statements for the actual years shall be provided; and (6) Other materials required to be submitted according to the provisions on the qualification administration of the construction engineering supervision, project bidding or project cost consultation enterprises. Article 12 Main materials required to be submitted by an applicant according to these Provisions shall be written in Chinese. If the original of a certification document is in any foreign language, a Chinese translation shall be provided. Article 13 Foreign investors which apply for the establishment of a foreign-invested construction engineering service enterprise shall be an enterprise, any other economic organization or registered specified technician providing corresponding engineering services within its or his country. Article 14 To apply for the qualification of the foreign-invested construction engineering service enterprise, an applicant shall meet corresponding qualification standards and requirements for the construction engineering supervision, project bidding or project cost consultation enterprises. Article 15 To apply for the enhancement of qualification grade or the addition of any qualification of other construction engineering service enterprises, a foreign-invested construction engineering service enterprise shall go through relevant formalities at the construction administrative department according to relevant legal provisions. Article 16 For the alteration of contracts or articles of association, a foreign-invested construction engineering service enterprise shall go through relevant formalities at the commerce administrative department of the province, autonomous region, or municipality directly under the Central Government. Article 17 In case a foreign-invested construction engineering service enterprise that provides construction engineering services within the territory of the People¡¯s Republic of China violates the Construction Law of the People¡¯s Republic of China, the Bidding Law of the People¡¯s Republic of China, the Regulation on the Quality Administration of Construction Projects or any other law, regulation or relevant provisions on qualification administration, it shall be punished according to relevant legal provisions. Article 18 The investment in and the establishment of the construction engineering service enterprises by the investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Area in other provisions, autonomous regions, and municipalities directly under the Central Government shall be governed by these Provisions by analogy, unless it is otherwise prescribed by any law, regulation or the State Council. Article 19 The power to interpret these Provisions shall remain with the construction administrative department under the State Council and the commerce administrative department under the State Council. Article 20 These Provisions shall come into force as of March 26, 2007. |
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