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

a foreign-invested construction and engineering design enterprise to upgrade its qualifications or to add additional engineering qualifications shall be made to the relevant construction administration department in accordance with relevant regulations.

　　Article 10 An applicant which intends to establish a foreign-invested construction and engineering design enterprise shall submit the following documents to the relevant foreign trade and economic cooperation administration department：

　　（1） Application forms to establish a foreign-invested construction and engineering design enterprise signed by the investor's legal representative；

　　（2） The feasibility study report prepared or accepted by the investor；

　　（3） The contract for establishment of foreign-invested construction and engineering design enterprise and the articles of association signed by the investor's legal representative （only the the articles of association are required for the establishment of a wholly foreign-owned construction and engineering design enterprise）；

　　（4） The notification of pre-verification of the name of the enterprise；

　　（5） Documentary evidence of legal entity registration of the investor to carry out construction and engineering design in its home country or region and its bank credential letter；

　　（6） Appointment letters and documentary evidence of the investor's designated chairman and members of the board of directors， managers and technical managers etc.； and

　　（7） Balance sheets and profit and loss accounts of the investor over the past three years audited by a certified accountant or an accounting firm.

　　Article 11 The applicant applying for foreign-invested construction and engineering design enterprise qualifications shall submit the following documents to the relevant construction administration department：

　　（1） Application forms for the qualifications for a foreign-invested construction and engineering design enterprise；

　　（2） The approval certificate for the establishment of the foreign-invested construction and

engineering design enterprise；

　　（3） The business license for the legal entity；

　　（4） Documentary evidence of legal entity registration of the investor to carry out construction and engineering design in its home country or region and its bank credential letter；

　　（5） Professional qualification certificate issued by his home country or region and the individual or enterprise construction and engineering design track record and documentary evidence of its reputation issued by the relevant governmental department or professional institution， association or notary public； and

　　（6） Other documents as required by Regulations on Administration of Construction and Engineering Design Enterprise Qualifications.

　　Article 12 All materials required to be submitted by an applicant under these Regulations shall be in Chinese. If the original documentary evidence is in a foreign language， a Chinese translation shall be provided.

　　Article 13 The foreign investor or the foreign service provider of a foreign-invested construction and engineering design enterprise shall be an enterprise engaged in construction and engineering design or a certified architect or a certified engineer in his or her home country.

　　Article 14 The total capital contribution of the Chinese party to a Sin-foreign equity construction and engineering design joint venture or a Sino-foreign cooperatively construction and engineering design joint venture shall not be less than 25% of the registered capital.

　　Article 15 The criteria of grading of qualifications of foreign-invested construction and engineering design enterprises shall be in accordance with the requirements of grading of qualifications of construction and engineering design enterprise issued by the construction administration department of the State Council.

　　Where a wholly foreign-owned construction and engineering design enterprise applies for the construction and engineering design enterprise qualifications， its foreign service providers who have been qualified as certified architects or certified engineers in China shall not be less than 1/4 of the total certified professionals required under the qualification grading criteria， and the foreign service providers who have the relevant design experience shall not be less than 1/4 of the total key technical personnel required under the qualification grading criteria.

　　Where a Sin-foreign equity construction and engineering design joint venture or a Sino-foreign cooperatively managed construction and engineering design enterprise applies for the construction and engineering design enterprise qualifications， its foreign service providers who have been qualified as certified architects or certified engineers in China shall not be less than 1/8 of the total registered professionals required under the qualification grading criteria， and its foreign service providers who have the relevant design experience shall not be less than 1/8 of the total key technical staff required under the qualification grading criteria.

　　Article 16 Each of the architects and engineers certified in China and the key technical personnel of the foreign service provider in a foreign-invested construction and engineering design enterprise shall reside within the territory of the People's Republic of China for no less than a cumulative period of 6 months each year.

　　Article 17 Where a foreign-invested construction and engineering design enterprise carrying out construction and engineering design activities within the territory of the People's Republic of China violates the Construction Law of the People's Republic of China， Regulations on Administration of Construction Engineering Quality， Regulations on Administration of Prospecting and Designing of Construction Projects and Regulations on Administration of Construction Engineering Prospecting Design Enterprise Qualifications and other relev

ant laws， regulations and rules， it shall be penalized in accordance with relevant provisions.

　　Article 18 Investors from Hong Kong Special Administrative Region， Macao Special Administrative Region or Taiwan shall establish construction and engineering design enterprises and carry out businesses in other provinces， autonomous regions or directly administered municipalities in accordance with these Regulations， unless it is otherwise provided by laws， regulations and the State Council.

　　Article 19 The timing for accepting and processing the application for establishment of foreign-invested construction and engineering design enterprises shall be determined by the construction administration department of the State Council and the foreign trade and economic cooperation administration department of the State Council.

　　Article 20 The construction administration department of the State Council and the foreign trade and economic cooperation administration department of the State Council shall be responsible for interpreting these Regulations in accordance with their functions.

　　Article 21 These Regulations shall go into force on 1 December 2002. Regulations on Administration of Establishment of Sino-Foreign Project Design Joint Venture （File No. 180， 1992） shall be repealed at the same time

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