外商投资建设工程设计企业管理规定 Regulations on Administration of Foreign-Invested Construction and Engineering Desi

建设部、对外贸易经济合作部令第114号

颁布日期：20020927 　实施日期：20021201 　颁布单位：建设部、 对外贸易经济合作部

　　The Ministry of Construction of the People's Republic of China

　　The Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China

　　Decree No. 114

　　Regulations on Administration of Foreign-Invested Construction and Engineering Design Enterprises approved respectively at the 63rd Executive Meeting of the Ministry of Construction on 9 September 2002 and at the 10th Ministerial Meeting of the Ministry of Foreign Trade and Economic Cooperation on 17 September 2002 are now issued and shall come into force on 1 December 2002.

　　27 September 2002

Regulations on Administration of Foreign-Invested Construction and Engineering Design Enterprises

　　Article 1 These Regulations hereof are formulated in order to further the opening up to the outside and standardise the administration of foreign-invested construction and engineering design enterprises in accordance with such laws and regulations as the Construction Law of the People's Republic of China， the Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures， the Law of the People's Republic of China on Sino-Foreign Cooperative Joint Ventures， the Law of the People's Republic of China on Wholly Foreign-Owned Enterprises， the Regulations on Administration of Construction Engineering Quality and the Regulations on Administration of Reconnoitring and Designing of Construction Projects.

　　Article 2 These Regulations shall apply to the establishment of foreign-invested construction and engineering design enterprises within the territory of the People's Republic of China， the application for construction and engineering design enterprise qualifications and the administration and supervision of the foreign-invested construction and engineering design enterprises.

　　The term ‘foreign-invested construction and engineering design enterprise’ mentioned in these Regulations refers to a wholly foreign-owned construction and engineering design enterprise， or a Sino-foreign equity construction and engineering design joint venture or a Sino-foreign cooperatively construction and engineering design enterprise established within the territory of the People's Republic of China in accordance with Chinese laws and regulations.

　　Article 3 A foreign investor， which intends to establish a foreign-invested construction and engineering design enterprise within the territory of the People's Republic of China and carry out construction and engineering design business shall， in accordance with laws， obtain the foreign-invested enterprise approval certificate from the relevant foreign trade and economic cooperation administration department and register with the State Administration of Industry and Commerce or its authorised administration of industry and commerce at local levels， and also obtain the qualification certificate of construction and engineering design enterprise from the relevant construction administration department.

　　Article 4 Foreign-invested construction and engineering design enterprises shall abide by the laws， regulations and rules of the People's Republic of China when carrying out construction and engineering design activities within the territory of the People's Republic of China.

　　The lawful operation of foreign-invested construction and engineering design enterprises and their legal rights and interests within the territory of the People's Republic of China shall be protected by Chinese laws， regulations and rules.

　　Article 5 The foreign trade and economic cooperation administration department of the State Council shall be responsible for the administration of establishing foreign-invested construction and engineering design enterprises. The construction administration department of the State Cou

ncil shall be responsible for the administration of the qualifications of foreign-invested construction and engineering design enterprises.

　　The foreign trade and economic cooperation administration departments of the people's government of provinces， autonomous regions or directly administered municipalities shall be responsible for the administration of establishment of foreign-invested construction and engineering design enterprises within their authorized jurisdiction ； the construction administration departments of the people's government of provinces， autonomous regions or directly administered municipalities shall， in accordance with these regulations， be responsible for the administration of the qualifications of the foreign-invested construction and engineering design enterprises within their administrative region.

　　Article 6 The application for and the examination and approval of the establishment of a foreign-invested construction and engineering design enterprise and the qualifications shall be managed by a grading and categorization system.

　　Where an applicant is to apply for Grade A qualifications for construction and engineering design or other Grade A or Grade B qualifications for construction and engineering design， the establishment of the foreign-invested construction and engineering design enterprise shall be examined and approved by the foreign trade and economic cooperation administration department of the State Council and its qualifications shall be examined and approved by the construction administration department of the State Council. Where an applicant is to apply for Grade B qualifications for construction and engineering design or other Grade C or lower qualifications for construction and engineering design， the establishment of the foreign-invested construction and engineering design enterprise shall be examined and approved by the foreign trade and economic cooperation administration department of the people's government of the province， the autonomous region or the directly administered municipality and its qualifications shall be examined and approved by the construction administration department of the people's government of the province， the autonomous region or the directly administered municipality.

　　Article 7 The procedures for the establishment of a foreign-invested construction and engineering design enterprise and the application for construction and engineering design qualifications or other Grade A or B engineering design qualifications shall be：

　　（1） The applicant shall submit an application to the foreign trade and economic cooperation administration department of the people's government of the province， the autonomous region or the directly administered municipality where the proposed foreign-invested construction and engineering design enterprise is to be established.

　　（2） The foreign trade and economic cooperation administration department of the people's government of the province， or the autonomous region or the directly administered municipality shall complete the preliminary examination within 30 days of receiving the application， and shall， if it grants the preliminary approval， submit the application to the foreign trade and economic cooperation administration department of the State Council for further approval.

　　（3） Within 10 days of receiving the application for further approval， the foreign trade and economic cooperation administration department of the State Council shall forward the application to the construction administrative department of the State Council for review and comments. The construction administration department of the State Council shall provide its opinion in writing within 30 days of receiving the request. Within 30 days of receiving the response， the foreign trade and economic cooperation administration department of the State Council shall decide whether or not to approve the applicati

on and express such a decision in written form. If the application is approved， a foreign-invested enterprise certificate shall be granted； if the application is not approved， reasons for the disapproval shall be given in written form.

　　（4） Within 30 days of receiving the approval certificate， the applicant shall carry out enterprise registration with the relevant registration department.

　　（5） After obtaining business license for the legal entity， if the foreign-invested construction and engineering design enterprise is to apply for the construction and engineering design enterprise qualifications， the application shall be carried out in accordance with the Regulations on Administration of Construction and Engineering Design Enterprise Qualifications.

　　Article 8 The procedures for the establishment of a construction and engineering design enterprise and the application for Grade B qualifications and Grade C or lower qualifications for engineering design shall be administered by the construction administration department and the foreign trade and economic cooperation administration department of the people's government of the province， or the autonomous region or the directly administered municipality based on local conditions with reference to Article 7 of these Regulations and Regulations on Administration of Construction and Engineering Design Enterprise Qualifications.

　　Examination and approval of the qualifications of foreign-invested construction and engineering design enterprises by the construction administration departments of the People's government of provinces， autonomous regions or directly administered municipalities shall be put on file with the construction administration department of the State Council within 30 days after the approval is given.

　　Article 9 The application by

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