中华人民共和国注册建筑师条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA CONCERNING CERTIFIED PUBLIC ARCHITECTS
2009-03-24 法律英语 来源:互联网 作者: ℃If the construction administration of the State Council or the construction administrations of the local people's governments of the various provinces, autonomous regions, and municipalities directly under the central government discover that a registration approved by the an administration committee of certified public architects does not meet the requirements stipulated in these Regulations, they shall inform that administration committee of certified public architects to cancel the registration and revoke the certified public architect certificate.
Article 16 For an applicant whose registration has been approved, the National Administration Committee of Certified Public Architects and the administration committees of certified public architects of the various provinces, autonomous regions, and municipalities directly under the central government shall respectively examine and issue a registration certificate, which shall be processed by the construction administration of the State Council as either a Grade-1 or Grade-2 certified public architect certificate.
Article 17 The registration of a certified public architect is valid for two years. Where there is the need to maintain registration after the expiration of the term of validity, the applicant shall go through registration procedures within 30 days before the term of validity expires.
Article 18 Under any one of the following circumstances, excepting those stipulated in Paragraph 2 of Article 15 of these Regulations, a person who has already abstained a certified public architect certificate may be subject to cancellation of the registration and shall have the certificate of certified public architect revoked by the National Administration Committee of Certified Public Architects or the administration committee of certified public architects of the province, autonomous region, or municipality directly under the central government which made the origin
al approval:
(1) The person has completely lost the capacity for civil conduct;
(2) The person is penalized pursuant to criminal laws;
(3) The person is dealt an administrative penalty or disciplinary sanction that is more serious than that of dismissal from office for a mistake made in the work of architectural design or in other related professional business; or
(4) The person refrains from professional work as a certified public architect for two or more years.
If a person whose registration has been canceled raises an objection to the cancellation of his registration and the revocation of his certified public architect certificate, he may, within 15 days from being notified of the cancellation of registration and of having the certified public architect certificate revoked, file an application for reconsideration to the construction administration of the State Council or the construction administration of the local people's governments of the various provinces, autonomous regions, and municipalities directly under the central government.
Article 19 A person who had his registration canceled may file another application for registration as provided for in these Regulations.
Chapter III Professional Practice
Article 20 The professional services of certified public architects are as follows:
(1) Architectural design;
(2) Consultation on architectural design technology;
(3) Investigation and appraisal of buildings;
(4) Direction and supervision of construction projects of which he has headed design; and
(5) Other professional services prescribed by the construction administration of the State Council.
Article 21 A certified public architect shall enroll as a member of an architectural design unit when practicing.
The qualification standards and grade of the architectural design unit and its scope of service shall be prescribed by the construction administration of the State Council.
Article 22 There is no limitation on the construction scale and complexity of the scope of professional service on Grade-1 certified public architects. The scope of professional service of Grade-2 certified public architects may not exceed the construction scale and complexity limited by the State.
Article 23 The mandates for certified public architects to practice professions shall be accepted and service fees collected exclusively by the architectural design unit.
Article 24 The architectural design unit shall be liable for compensation for economic losses arising from the quality of an architectural design, and the aforesaid unit shall have the right to claim compensation from the certified public architect whose name is signed to the design drawing.
Chapter IV Rights and Duties of Certified Public Architects
Article 25 Certified public architects have the right to practice their profession under the title of “certified public architect.”
No architect who is not registered may practice under the title of “certified public architect.” No Grade-2 certified public architects may practice professionally under the title of “Grade-1 certified public architect,” nor may exceed the professional scope prescribed by the State.
Article 26 Housing buildings which will exceed state regulations concerning span, span diameter, or height, shall be designed by a certified public architect.
Article 27 Any unit or individual who wishes to revise a design drawing made by a certified public architect shall obtain his consent, except in special circumstances in which consent is unable to be obtained from the certified public architect.
Article 28 Certified public architects shall carry out the following duties:
(1) To observe laws, regulations, and professional ethics, and to protect public interests;
(2) To ass
ure the quality of architectural design, and to sign his name on the design drawings for which he is responsible;
(3) To preserve any secrets of units or individuals learned during professional practice;
(4) Not to accept simultaneous employment in two or more architectural design units;
(5) Not to allow others to perform professionally in the name of himself.
Chapter V Legal Responsibility
Article 29 In cases where a person passed the qualification examination for certified public architects or obtained a certified public architect certificate by illegal means, the National Administration Committee of Certified Public Architects or the administration committees of certified public architects of the various provinces, autonomous regions, and municipalities directly under the central government shall cancel said qualification or revoke said certificate. Disciplinary sanctions shall be imposed on the chief persons directly responsible and other persons bearing direct responsibility according to laws and regulations.
Article 30 Persons who, not having obtained registration, illegally engage in the professional activities of a certified public architect under the title of “certified public architect,” shall have their illegal activities suspended, shall have any illegal income confiscated, and may be subject to a fine of up to five times the amount of illegal income, to be carried out by the construction administration of the local people's governments at or above the county level; in addition, they shall be held liable for compensation for any losses caused.
Article 31 Certified public architects who violate these Regulations by committing one of the following acts shall be ordered by the construction administration of the local people's governments at or above the county level to suspend all unlawful activity, shall have any illegal income confiscated, and may be subject to a fine of up to five times the amount of illegal income; if the circumstances are serious, the aforesaid administration may suspend the architect's professional activity, or the National Administration Committee of Certified Public Architects or the administration committees of certified public architects of the various provinces, autonomous regions, and municipalities directly under the central government may revoke the certified public architect certificate:
(1) Privately accepting work of a certified public architect and collecting fees thereof;
(2) Accepting simultaneously professional employment in two or more architectural design units;
(3) Violating the legal rights of other persons in architectural design or other related professional activities;
(4) Permitting others to carry out professional activities in the name of himself; or
(5) A Grade-2 certified public architect engages in professional activities under the title of “Grade-1 certified public architect,” or that are beyond the scope of service as stipulated by the state.
Article 32 In the event that a substandard architectural design by a certified public architect results in a serious accident or heavy losses, the architect directly responsible shall have all professional activities suspended by the construction administration of the local people's government at or above the county level; if the circumstances are serious, the architect shall have the certified public architect certificate revoked by the National Administration Committee of Certified Public Architects or the administration committees of certified public architects of the various provinces, autonomous regions
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