Article 1 These Regulations are formulated in order to further the opening-up to the outside and standardizing the administration of foreign-invested construction and engineering service enterprises in accordance with such laws and regulations as the Construction Law of the People's Republic of China, Auction Law of the People's Republic of China, Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures, Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures, Law of the People's Republic of China on Wholly Foreign-Owned Enterprises and Regulations on the Quality Management of Construction Engineering.

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

Article 3 The term "foreign-invested construction and engineering service enterprise" as mentioned in these Regulations refers to a Chinese-foreign construction and engineering service equity joint venture, a Chinese-foreign construction and engineering service contractual joint venture, or a wholly foreign-owned construction and engineering service enterprise established within the territory of the People's Republic of China in accordance with Chinese laws and regulations.

The term "construction and engineering service" as mentioned in theses Regulations refers to supervision of construction engineering, tendering agency for engineering and engineering cost consultancy.

Article 4 A foreign investor, which intends to establish a foreign-invested construction and engineering service enterprise within the territory of the People's Republic of China and carry out construction and engineering service business shall, in accordance with laws, obtain the foreign-invested enterprise approval certificate from the commerce administration department and register with the department of industry and commerce, and also obtain the qualification certificate of construction and engineering service enterprise from the construction administration department.

Article 5 Foreign-invested construction and engineering service enterprises shall abide by the laws, regulations and rules of the People's Republic of China when carrying out construction and engineering service activities within the territory of the People's Republic of China.

The lawful operation of foreign-invested construction and engineering service 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 6 The commerce administration department of the State Council and its authorized commerce administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall be responsible for the administration of establishing foreign-invested construction and engineering service enterprises.

The construction administration department of the State Council shall be responsible for the administration of the qualifications of foreign-invested construction and engineering service enterprises; the construction administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall, in accordance with these Regulations, be responsible for the administration of qualifications of foreign-invested construction and engineering service enterprises within their authorized jurisdiction.

Article 7 The establishment of foreign-invested construction and engineering service enterprises shall be examined and approved by the commerce administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government authorized by the commerce administration department of the State Council.

Where an applicant is to apply for Grade A qualifications for construction and engineering service enterprise, it shall be examined and approved by the construction administration department of the State Council; where an applicant is to apply for Grade B qualifications or below for construction and engineering service enterprise, it shall be examined and approved by the construction administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

Article 8 The procedures for the establishment of a foreign-invested construction and engineering service enterprise and the application for construction and engineering service qualifications shall be as follows:

(1) The applicant shall submit an application to the commerce administration department of the people's government of the province, the autonomous region or municipality directly under the Central Government where the proposed foreign-invested construction and engineering service enterprise is to be established;

(2) The commerce administration department of the people's government of the province, or the autonomous region or municipality directly under the Central Government shall, within five days as of receiving the application, submit the application to the construction administration department of the people's government of the province, the autonomous region or municipality directly under the Central Government for opinions;

(3) The construction administration department of the people's government of the province, or the autonomous region or municipality directly under the Central Government shall provide its opinion in writing within 10 days as of receiving the request. Within 30 days as of receiving the response, the commerce administration department of the people's government of the province, or the autonomous region or municipality directly under the Central Government shall decide whether or not to approve the application and inform 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 as 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 service enterprise is to apply for the construction and engineering service enterprise qualifications, the application shall be carried out in accordance with the relevant provisions in respect of qualification administration.

Article 9 Examination and approval of the qualifications of foreign-invested construction and engineering service enterprises by the construction administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall be put on file with the construction administration department of the State Council within 30 days after the approval is given.

Article 10 An applicant who intends to establish a foreign-invested construction and engineering service enterprise shall submit the following documents to the commerce administration