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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION CHAPTER III PRACTICE CHAPTER IV CONTINUING EDUCATION CHAPTER V RIGHTS AND DUTIES CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purposes of strengthening the management of certified construction survey and design engineers, maintaining the public interests and the construction market order and enhancing the quality and level of construction survey and design, the present Provisions are formulated in accordance with the Construction Law of the People's Republic of China, the Regulation on the Management of Construction Survey and Design and other relevant laws and regulations. Article 2. The present Provisions shall apply to the registration, practices, continuing education, supervision and management of certified construction survey and design engineers within the territory of the People's Republic of China. Article 3. The term "certified engineer" as mentioned in the present Provisions refers to the professional technicians who have obtained a Certified Engineer Qualification Certificate of People's Republic of China (hereinafter referred to as the CEQC) after the qualifying examination, have acquired a Certified Engineer Practicing Certificate of People's Republic of China (hereinafter referred to as the CEPC) and the practicing seal after the completion of the registration formalities as specified in the present Provisions, and are engaging in the construction survey, design and other relevant businesses. Anyone without a CEQC and practicing seal shall not engage in the construction survey, design and other relevant activities in the name of a certified engineer. Article 4. Certified engineers shall be classified into different categories on the basis of different specialties. The concrete classification provisions shall be formulated by the construction administrative department and the personnel administrative department of the State Council in consultation with other relevant departments of the State Council. Except that the certified structural engineers are classified into Grade I and Grade II, the certified engineers of other specialties aren't classified into different grades. Article 5. The construction administrative department of the State Council shall uniformly supervise and administer the registration and practice of the certified engineers throughout the country. The departments of railway, communications, water conservancy and other relevant departments of the State Council shall, under their respective functions as authorized by the State Council, be responsible for supervising and administering the practicing activities of the professional certified engineers throughout the country. The construction administrative department of a local people's government at the county level or above shall supervise and administer the registration and practice of the certified engineers within its administrative area. The departments of communications, water conservancy and other relevant departments of a local people's government at the county level or above shall, under their respective functions, be responsible for supervising and administering the practice of relevant professional project certified engineers within their respective administrative area. CHAPTER II REGISTRATION Article 6. A certified practice management system shall be adopted for certified engineers. Anyone has obtained a CEQC shall not practice in the name of a certified engineer until he has completed the registration formalities. Article 7. The registration application filed by a person who has obtained a CEQC shall be subject to the preliminary examination of the construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government, then shall be subject to the examination and approval of the construction administrative department of the State Council. If it relates to the registration of the professional certified engineers of other relevant departments, it shall be subject to the examination and approval of the construction administrative department and other relevant departments of the State Council. Where a person who has obtained a CEQC is employed by a entity of construction project survey, design, building, supervision, public tender on a commissioned basis and/or cost consultation, he shall, via the employing entity, file a registration application to the construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the industrial and commercial registration place of the employing entity is located. The construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall put forward preliminary examination opinions after accepting the application, then submit the preliminary opinions and the complete set of application materials to the examination and approval department for examination and approval. If the applicant meets relevant conditions, the examination and approval department shall issue him a CEQC uniformly made by the construction department of the State Council and under the seal of the construction administrative department of the State Council or under the seals of the construction administrative department and other relevant department(s), and grant him a practicing seal as well. Article 8. After the construction administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government receives the application materials of an applicant, it shall decide whether to accept them immediately and issue the applicant a written acknowledgement of receipt. If the application materials are incomplete or don't conform to the statutory form, it shall, within 5 days, inform the applicant, all at once, of the items to be supplemented or corrected. If it fails to do so within the aforesaid time limit, it shall be deemed to have accepted the application materials from the day when it receives them. The construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall complete the examination within 20 days after it receives an application and shall submit the application materials and the preliminary examination opinions to the examination and approval departments. After the construction administrative department of the State Council receives the materials submitted by the construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government, it shall complete the examination within 20 days and make a written decision. It shall publicize the examination result on the mass media within 10 days after it makes the decision. If the application is subject to the joint examination and approval of the construction administrative department and other relevant department(s) of the State Council, the time period for examination and approval shall be 45 days. If a decision of disapproval is made, an explanation shall be made and the applicant shall be notified of the right to apply for administrative reconsideration or lodge an administrative lawsuit. Article 9. The construction administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the acceptance, examination and approval of the Grade II certified structural engineers. Article 10. The CEPC and practicing seal of a certified engineer are the practicing certification of the certified engineer. They shall be preserved and used by the certified engineer himself and shall be valid for period of 3 years. Article 11. An initial registrant may file a registration application within 3 years from the date of issuance of the CEQC. If he fails to do so within the time period, he shall not apply for initial registration unless he meets the requirements for professional continuing education. An applicant shall submit the following materials for the initial registration: (1) His application form; (2) A photocopy of his CEQC; (3) A photocopy of employment contract concluded between his and the employing entity; and (4) If the time period for the initial registration expires, the certification materials that prove that he conforms to the continuing education requirements. Article 12. Each registration cycle of a certified engineer shall be 3 years. At the expiration of a registration cycle, if the certified engineer needs to continue his practice, he shall, not later than 30 days prior to the registration cycle, apply for the renewal of registration under Article 7 of the present Provisions. An applicant shall submit the following materials for the renewal of registration: (1) His application for the renewal of registration; (2) A photocopy of the employment contract concluded by him and the employing entity; and (3) The certification materials, which prove that he conforms to the continuing education requirements. Article 13. Where a certified engineer changes his practicing entity within a valid registration cycle, he shall cancel the employment relationship between him and the former employing entity and shall go through the registration modification formalities under Article 7 of the present Provisions. The former registration period shall remain valid after the registration is modified. An applicant shall submit the following materials for modifying the registration: (1) His application for modifying the registration; (2) A photocopy of the employment contract concluded by him and the new employing entity; and (3) The certification for his change of job (or certification document about the cancellation of the employment contract between him and the former employing entity, or retirement certification for a retiree). Article 14. Where a certified engineer is under any of the following circumstances, his CEPC and practicing seal shall be invalidated: (1) The employing entity goes bankrupt; (2) The business license of the employing entity is revoked; (3) The corresponding qualification certificate of the employing entity is revoked; (4) The employment relationship between him and the employing entity has been terminated; (5) The registration period has expired and he fails to go through the formalities for the renewal of registration; (6) He is dead or loses civil capacity; or (7) Other registration invalidation circumstances. Article 15. Where a certified engineer is under any of the following circumstances, the examination and approval department shall complete the cancellation formalities, take back his CEPC and practicing seal, or announce that his CEPC and practicing seal are invalidated: (1) Being without complete civil capacity; (2) Applying for canceling his registration; (3) Any of the circumstances as mentioned in Article 14 of the present Provisions occurs; (4) His registration is revoked in accordance with the law; (5) His CEPC has been revoked in accordance with the law; (6) Having any record of criminal punishment; or (7) Other circumstances under which the registration shall be cancelled in pursuance of any law or regulation. Where a certified engineer is under any of the circumstances as mentioned in the preceding paragraph, he himself and the employing entity shall timely file an application to the examination and approval department for canceling his registration. Any relevant entity or individual shall have the right to tip off a certified engineer or employing entity who (which) fails to do so to the examination and approval department. The construction administrative department and other relevant department shall timely report such case to the examination and approval department. Article 16. A person who is under any of the circumstances shall not be registered: (1) Being without complete civil capacity; (2) He has any record of criminal punishment due to engaging in survey and design or other relevant businesses and 2 years have not elapsed from the termination date of execution of the criminal punishment to the date of registration application; or (3) Other circumstances under which he shall not be registered in pursuance of any law or regulation. Article 17. As for a person who is deregistered or whose registration application is disapproved, he may reapply for registration in accordance with Article 7 of the present Provisions when he meets the initial registration conditions and satisfy the professional continuing education requirements. CHAPTER III PRACTICE Article 18. A person, who has obtained a CEQC, may engage in corresponding business practice after he has been employed by entity with one of or some of the qualifications for construction project survey, design, building, supervision, public tender on a commissioned basis, cost consultation, etc. and has been registered. However, if he engages in construction project survey or design practice, he shall be employed by an entity with the construction project survey or design qualification. Article 19. The scope of practice of a certified engineer shall be: (1) The project survey or professional project design; (2) The professional project technical consultation; (3) The professional project tender or purchase consultation; (4) The professional project management; (5) Offering guidance to and conducting supervision over the project survey or the construction of professional design project; and (6) Other practices as prescribed by relevant departments of the State Council. Article 20. No survey or design document formed in a construction project survey or design activity may be valid until it has been signed by and affixed with the seal of the corresponding professional certified engineer in accordance with pertinent provisions. The categories of survey and design documents, which shall be under the signature and seal of corresponding professional certified engineer, and the measures thereof shall be formulated by the construction administrative department of the State Council in consultation with other relevant departments. Article 21. The modification of a survey or design document, which is signed by and affixed with the seal of the certified engineer, shall be made by the certified engineer personally. Under a special circumstance, if the certified engineer is unable to modify it, the modification thereof shall be made by another certified engineer of the same specialty, shall be signed by him and be affixed with his practicing seal. The certified engineer who modifies a survey or design document shall bear the liabilities for the modified part. Article 22. Where a certified engineer engages in corresponding practice, the entity for which he works shall accept entrustments and charge fees in a uniform manner. Article 23. Where any construction project survey or design accident or other relevant business results in any economic loss, the employing entity shall be liable for making a compensation. After the employing entity bears the liability for compensation, it may, under the law, demand the certified engineer in fault to repay the compensation. CHAPTER IV CONTINUING EDUCATION Article 24. A certified engineer shall, within each registration period, conform with the professional continuing education requirements as provided by the construction administrative department of the State Council. The continuing education shall be a precondition for the initial registration, renewal of registration and re-application for registration of a certified engineer. Article 25. The continuing education shall be established on the basis of different specialties of the certified engineers. It shall include compulsory courses and selective courses, which will take 60 class hours in each registration period. CHAPTER V RIGHTS AND DUTIES Article 26. A certified engineer shall be entitled to enjoy the following rights: (1) To use the title of certified engineer; (2) To practice within the prescribed scope; (3) To engage in the corresponding practices in light of his own capabilities; (4) To preserve and use his own CEPC and practicing seal; (5) To make explanations about and defend his own practices; (6) To receive continuing education; (7) To get corresponding remunerations; and (8) To file a petition against any act infringing upon his rights. Article 27. A certified engineer shall perform the following duties: (1) To comply with the laws, regulations and relevant administrative provisions; (2) To implement the project construction standards and norms; (3) To ensure the quality of the practicing achievements and bear corresponding liabilities; (4) To receive the continuing education and try every effort to enhance his practicing level; (5) To sign and affix his practicing seal to the survey or design documents formed during his practicing as a certified engineer; (6) To keep confidential the state secrets as well as the business and technological secrets of others, of which he learns during his practicing as certified engineer; (7) He shall not alter, lease, lend or illegally transfer his CEPC or practicing seal to others by any other means; (8) He shall not be employed simultaneously by or practice as a certified engineer concurrently in two or more entities; (9) To practice within the scope of professional practices and within the business scope of the employing entity; and (10) To assist the registration administrative institution to complete relevant work. CHAPTER VI LEGAL LIABILITIES Article 28. Anyone who applies for registration by concealing relevant information or providing false materials shall be rejected and be given a warning by the examination and approval department; moreover he shall not re-apply for registration within 1 year. Article 29. As to a person who obtains a CEPC by cheating, bribery or any other illegal means, his registration shall be revoked by examination and approval department and shall not re-apply for registration within 3 yearsand shall be fined by the construction administrative department of the people's government at the county level or above or other relevant department. If he has no illegal gains, he shall be fined 10,000 yuan or less; if he has any illegal gains, he shall be fined not less than 3 times of the illegal gains but not more than 30,000 yuan; if any crime is constituted, he shall be subject to criminal liabilities. Article 30. Where a certified engineer conducts any of the following acts during his practicing as a certified engineer, he shall be given a warning and ordered to correct his violation by the construction administrative department of the people's government at the county level or above; if he has got no illegal gains, he shall be fined 10,000 yuan or less; if he has got any illegal gains, he shall be fined not less than 3 times of the illegal gains but not more than 30,000 yuan; if any crime is constituted, he shall be subject to criminal liabilities: (1) Undertaking business in his own name; (2) Altering, leasing, lending or illegally transferring his CEPC or practicing seal by any other means; (3) Divulging any secret, which he has access to during his practicing as a certified engineer and which should be kept confidential, and causes any serious consequences; (4) Engaging in business by exceeding the professional scope or the business scope of the employing entity; (5) Providing practicing achievements by means of falsification; or (6) Other acts in violation of any law, rule or regulation. Article 31. The examination and approval department or its superior administrative department may revoke the registrations under any of the following circumstances: (1) Any of the functionaries of the construction administrative department or of any other relevant department issues a CEPC and practicing seal by abusing his power or neglecting his duties; (2) Issuing a CEPC and practicing seal by surpassing the statutory power; (3) Issuing a CEPC and practicing seals by violating the legal procedures; (4) Issuing a CEPC and practicing seals to any applicants who doesn't meet the statutory conditions; or (5) Other circumstances under which the registration may be revoked in accordance with the law. Article 32. Any of the personnel of the construction administrative department of the people's government at the county level or above or of other relevant department, who conducts any of the following acts in the management of certified engineers, shall be given an administrative sanction; if any crime is constituted, he shall be subject to criminal liabilities: (1) Issuing a CEPC and practicing seal to an applicant who don't meet the statutory conditions; (2) Refusing to issue a CEPC and practicing seal to an applicant who meets the statutory conditions; (3) Failing to issue a CEPC and practicing seal to an applicant who meets the statutory conditions within the statutory time limit; (4) Accepting property or other benefits of others by taking the advantage of his position; or (5) Failing to perform his supervisory and administrative duties, or failing to investigate into and punish any illicit act found by him. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 33. The work of certified engineer qualification examination shall be carried out by the construction administrative department and the personnel administrative department of the State Council under relevant provisions. Article 34. With regard to the professional technicians who are from Hong Kong Special Administrative Region, Macao Special Administrative Region, or Taiwan or who hold a foreign nationality, the administrative measures for their registration and practicing thereof as certified engineers shall be formulated separately. Article 35. The present Provisions shall be implemented as of April 1, 2005. |
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