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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION CHAPTER III PRACTICES CHAPTER IV CONTINUING EDUCATION CHAPTER V RIGHTS AND OBLIGATIONS CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purposes of strengthening the management of certified supervisory engineers, maintaining the public interests and the construction market order and enhancing the quality and level of construction supervision, the present Provisions are formulated in accordance with the Construction Law of the People's Republic of China, the Regulation on the Quality Management of Construction Projects and other relevant laws and regulations. Article 2. These Provisions apply to the registration, practices, continuing education, supervision and management of certified supervisory engineers within the territory of the People's Republic of China. Article 3. The term "certified supervisory engineer" as mentioned in these Provisions refers to the professional technicians who have obtained a Certified Supervisory Engineer Qualification Certificate of the People's Republic of China (hereinafter referred to as the CSEQC) after passing the qualification examination, have acquired a Certified Supervisory Engineer Practicing Certificate of the People's Republic of China (hereinafter referred to as the CSEPC) and the practicing seal after completing the registration formalities as specified in the present Provisions, and are engaging in the construction project supervision and other relevant businesses. Anyone without a CSEQC and practicing seal shall not engage in the construction project supervision and other relevant activities in the name of a certified supervisory engineer. Article 4. The construction administrative department of the State Council shall, in a centralized manner, supervise and administer the registration and practice of the certified supervisory 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 practices of the certified supervisory engineers within its administrative area. CHAPTER II REGISTRATION Article 5. A certified practice management system shall be adopted for the certified supervisory engineers. Anyone who has obtained a CSEQC shall not practice in the name of a certified supervisory engineer until he has completed the registration formalities. Article 6. A certified supervisory engineer may, according to his specialty, working experience, construction project performances, as well as the project varieties classified under the Provisions on the Qualification Management of Project Supervisory Enterprises, go through the registration formalities on the basis of the specialties. Each person may apply for registration in 2 specialties at most. Article 7. Where a person who has acquired a CSEQC applies for registration, his application 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, and the examination and approval of the construction administrative department of the State Council. Where a person who has obtained a CSEQC is employed by an 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, and submit the preliminary opinions and the complete set of application materials to the construction administrative department of the State Council for examination and approval. If the applicant meets the relevant conditions, the construction administrative department of the State Council shall issue him a CSEQC and a practicing seal as well. Article 8. After the construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government receives the application materials of an applicant, it shall promptly make a decision of acceptance or rejection and shall issue to the applicant a written document. If the application materials are incomplete or do not conform to the statutory form, it shall, within 5 days, inform the applicant, for 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. For an applicant who applies for the initial registration, 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 from the day when it accepts the application and shall submit the application materials and preliminary examination opinions to the construction administrative department of the State Council. The construction administrative department of the State Council shall complete the examination and make a written decision within 20 days after it 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, and shall publicize the examination result on the public media within 10 days after it makes the decision. For an applicant who applies for modification registration or renewal of registration, 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 5 days from the day when it accepts the application and shall submit the application materials and preliminary examination opinions to the construction administrative department of the State Council. The construction administrative department of the State Council shall complete the examination and make a written decision within 10 days after it 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. Where the application is disapproved, the applicant shall be given the reasons and be informed of the right to apply for administrative reconsideration or lodge an administrative lawsuit. Article 9. The CSEPC and practicing seal are the practicing certifications of a certified supervisory engineer. They shall be preserved and used by the certified supervisory engineer himself. The CSEPC and practicing seal shall be valid for a period of 3 years. Article 10. An initial registrant may file an application within 3 years after the date of issuance of the CSEQC. If he fails to apply for registration within the said time limit, he shall not apply for the initial registration unless he satisfies the requirements for continuing education. To apply for the initial registration, an applicant shall meet the following conditions: (1) Having acquired a CSEPC after passing the National Uniform Examination for the Practicing Qualifications of Certified Supervisory Engineers; (2) Being employed by a relevant entity; (3) Meeting the requirements for continuing education; and (4) Not being under any of the circumstances as mentioned in Article 13. The following materials shall be submitted for the initial registration: (1) The registration application of the applicant; (2) Photocopies of the CSEQC and identity certificate of the applicant; (3) A photocopy of the employment contract concluded by the applicant and the employing entity; (4) The relevant certification materials relating to the applicant's specialty, working experience, project performances, and certificate of the medium-grade professional and technical title of construction or senior; and (5) For an applicant applies for the initial registration after the prescribed time limit expires, he shall provide certification materials that can prove that he conforms to the continuing education requirements. Article 11. Each valid period of a registration of a certified supervisory engineer shall be 3 years. At the expiration of a valid period of a registration, if the certified supervisory engineer needs to continue his practice, he shall, not later than 30 days prior to the expiration of the valid period of a registration, apply for the renewal of registration under Article 7 of the present Provisions. The valid period of a renewal of registration shall be 3 years. 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 12. Where a certified supervisory engineer changes his practicing entity within a valid period of a registration, he shall cancel the employment relationship between him and the former employing entity and shall go through the modification registration formalities under Article 7 of the present Provisions. The former registration period shall continue to be 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 13. Where an applicant is under any of the following circumstances, his application for the initial registration, renewal registration or modification registration shall be disapproved: (1) He does not have complete civil capacity; (2) The execution of criminal punishment to him has not been finished, or he has ever been given any criminal punishment due to engaging in construction project supervision or any other relevant business and 2 years have not elapsed from the termination date of execution of the criminal punishment to the date of registration application; (3) He fails to meet the requirements for the continuing education of certified supervisory engineers; (4) He concurrently applies for registration in 2 or more entities; (5) He took the examination and obtained a CSEQC by using a false professional and technical title; (6) He is over 65 years old; or (7) Any other circumstance as prescribed in any law or regulation. Article 14. Where a certified supervisory engineer is under any of the following circumstances, his CSEPC 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 over 65 years old; (7) He is dead or loses civil capacity; or (8)Other registration invalidation circumstances. Article 15. Where a certified supervisory engineer is under any of the following circumstances, the examination and approval department shall complete the registration cancellation formalities, take back his CSEPC and practicing seal, or announce that his CSEPC and practicing seal are invalidated: (1) He does not have complete civil capacity; (2) He applies for canceling his registration; (3) He is under any of the circumstances as mentioned in Article 14 of the present Provisions; (4) His registration is revoked in accordance with the law; (5) His CSEPC has been revoked in accordance with the law; (6) He has any record of criminal punishment; or (7) Any other circumstance under which the registration shall be cancelled in pursuance of any law or regulation. Where a certified supervisory engineer is under any of the circumstances as mentioned in the preceding paragraph, he himself or the employing entity shall timely file an application with the construction administrative department of the State Council for canceling registration. Any relevant entity or individual shall have the right to expose any certified supervisory engineer or employing entity, who (which) fails to do so, to the construction administrative department of the State Council. The construction administrative departments and other relevant departments of the people¡¯s governments at the county level or above shall timely make reports to or inform the construction administrative department of the State Council about or of such cases. Article 16. As for a person whose registration is cancelled 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 satisfies the professional continuing education requirements. CHAPTER III PRACTICES Article 17. A person, who has obtained a CSEQC, may engage in corresponding business practice after he has been employed by an 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 the construction project supervision, he shall be employed by and registered in an entity with the construction project supervisory supervision qualification. Article 18. A certified supervisory engineer may engage in the construction project supervision, consultation of construction project related economy and technologies, consultation of construction project tender and purchase, services of construction project management, and other businesses as prescribed by the relevant departments of the State Council. Article 19. The supervisory documents formed in the construction project supervisory activities are not valid unless they bear the signature and seal of the certified supervisory engineer. Article 20. The modification of a construction project supervision document, which bears the signature and seal of the certified supervisory engineer, shall be made by the certified supervisory engineer personally. Under a special circumstance, if the certified supervisory engineer is unable to make the modification, the modification shall be made by another certified supervisory engineer, and shall be signed by him and be affixed with his practicing seal. The certified supervisory engineer who makes the modification shall bear the liabilities for the modified part. Article 21. Where a certified supervisory engineer engages in corresponding practices, the entity for which he works shall accept entrustments and charge fees in a centralized manner. Article 22. Where any construction project supervisory accident or any 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 repayment of the compensation from the certified supervisory engineer in fault. CHAPTER IV CONTINUING EDUCATION Article 23. A certified supervisory engineer shall, within each valid 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 one of the conditions for the initial registration, renewal of registration and re-application for the registration of a certified supervisory engineer. Article 24. The continuing education includes compulsory courses and selective courses, which will take 48 class hours in each valid registration period. CHAPTER V RIGHTS AND OBLIGATIONS Article 25. A certified supervisory engineer shall be entitled to enjoy the following rights: (1) To use the title of certified supervisory 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 CSEPC 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 26. A certified supervisory engineer shall perform the following duties: (1) To comply with the laws, regulations and relevant administrative provisions; (2) To perform the management duties and execute the technical standards, norms and rules; (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 construction project supervisory documents formed during his practicing as a certified supervisory engineer; (6) To keep confidential the state secrets as well as the business and technological secrets of others, which he learns of during his practicing as certified supervisory engineer; (7) Not to alter, sell, rent, lend his CSEPC or practicing seal, or illegally transfer it to others by other means; (8) Not to be employed by or not to practice as a certified supervisory 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 27. Anyone who applies for registration by concealing relevant information or providing false materials shall be rejected and be given a warning by the construction administrative department; moreover he shall not re-apply for registration within 1 year. Article 28. Where a person obtains a CSEPC by cheating, bribery or any other illegal means, his registration shall be revoked by the construction administrative department of the State Council, and he shall not re-apply for registration within 3 years and shall be fined by the construction administrative department of the people's government at the county level or above. 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 29. Where a person, without registration, illegally engages in construction project supervision or any other relevant business in the name of a certified supervisory engineer by violating these Provisions, he shall be given a warning, be ordered to stop the violation and be fined 30, 000 yuan or less by the construction administrative department of the local people's government at the county level or above. If any losses are caused, he shall be subject to criminal liabilities. Article 30. Anyone who fails to modify the registration but continues to practice as a certified supervisory engineer by violating these Provisions shall be given a warning and be ordered to make correction within a time limit by the construction administrative department of the local people's government at the county level or above. If he fails to make correction within the time limit, he shall be fined 5, 000 yuan or less. Article 31. Where a certified supervisory engineer conducts any of the following acts during his practicing as a certified supervisory engineer, he shall be given a warning and be 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, selling, renting, lending his CSEPC or practicing seal, or illegally transferring it to others by other means; (3) Divulging any secret, which he has access to during his practicing as a certified supervisory engineer and which should be kept confidential, and causes any serious consequences; (4) Engaging in business by exceeding his practicing scope or the business scope of the employing entity; (5) Providing practicing achievements by deceitful methods; (6) Being concurrently employed by or practicing as a certified supervisory engineer in two or mort entities; or (7) Other acts in violation of any law, rule or regulation. Article 32. Under any of the following circumstances, the construction administrative department of the State Council may revoke the registration of a certified supervisory engineer according to its functions or at the request of the interested party: (1) Any of the functionaries issues a CSEPC and practicing seal by abusing his power or neglecting his duties; (2) Issuing a CSEPC and practicing seal by surpassing the statutory power; (3) Issuing a CSEPC and practicing seal by violating the legal procedures; (4) Issuing a CSEPC and practicing seal to any applicant who does not meet the statutory conditions; or (5) Other circumstances under which the registration may be revoked in accordance with the law. Article 33. Any of the functionaries of a construction administrative department of the people's government at the county level or above, who conducts any of the following acts in the management of certified supervisory engineers, shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities: (1) Issuing a CSEPC and practicing seal to an applicant who does not meet the statutory conditions; (2) Refusing to issue a CSEPC and practicing seal to an applicant who meets the statutory conditions; (3) Failing to issue a CSEPC and practicing seal to an applicant who meets the statutory conditions within the statutory time limit; (4) Refusing to accept the application which meets the statutory conditions or failing to finish the preliminary examination of such application within the prescribed time limit; (5) Accepting property or other benefits of others by taking the advantage of his position; or (6) Failing to perform his supervisory and administrative duties, or failing to investigate and punish any illicit act that he discovers. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 34. The work of certified supervisory engineer qualification examination shall be carried out by the construction administrative department and the personnel administrative department of the State Council under the relevant provisions. Article 35. With regard to the professional technicians who are from Hong Kong Special Administrative Region, Macao Special Administrative Region, or Taiwan or who are of foreign nationalities, the administrative measures for their registration and practicing as certified supervisory engineers shall be formulated separately. Article 36. These Provisions shall come into force as of April 1, 2006. The Trial Measures for the Qualification Examination and Registration of Supervisory Engineers (Order No.18 of the Ministry of Construction) promulgated by the Ministry of Construction on June 4, 1992 shall be abolished simultaneously. |
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