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UPDATED: August-29-2007 NO.34 AUG.23, 2007
Regulations on Administration of Foreign-Invested Construction and Engineering Service Enterprises
Promulgated by the Ministry of Construction and the Ministry of Commerce on January 22, 2007 and effective as of March 26, 2007
  

department of the people's government of the province, autonomous region or municipality directly under the Central Government:

(1) An application form to establish a foreign-invested construction and engineering service enterprise;

(2) The contract for establishment of foreign-invested construction and engineering service enterprise and the articles of association (only articles of association are required for the establishment of a wholly foreign-owned construction and engineering service enterprise);

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

(4) Registration certificate and bank credit certification letter of the investor;

(5) Appointment letters and certification documents of the chairperson, members of the board of directors, managers and technical managers designated by the investor; and

(6) Balance sheets and earnings statements of the investor over the past three years audited by a certified accountant or an accounting firm; where the establishment of the investor is less than three years, balance sheets and earnings statements for the years since its establishment shall be provided.

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

(1) An application form for the qualifications for a foreign-invested construction and engineering service enterprise;

(2) The approval certificate for the establishment of the foreign-invested construction and engineering service enterprise;

(3) The business license for enterprise as legal person;

(4) Certificate documents of registration of the investor in its home country or region, its business performance and bank credit;

(5) Balance sheets and earnings statements of the investor over the past three years audited by a certified accountant or an accounting firm, where the establishment of the investor is less than three years, balance sheets and earnings statements for the years since its establishment shall be provided; and

(6) Other documents as required by the regulations on the administration of enterprises' qualifications for supervision of construction engineering, tendering agency for engineering and engineering cost consultancy

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

Article 13 The foreign investor applying to establish foreign-invested construction and engineering service enterprise shall be an enterprise, other economic organization or certified technician engaging in relevant engineering service in its/his home country.

Article 14 Where an applicant who intends to apply for qualifications for foreign-invested construction and engineering enterprises, the enterprise shall meet the conditions as required in the standards for the qualifications for enterprises of supervision of construction engineering, tendering agency for engineering, and the engineering cost consultancy.

Article 15 The application by a foreign-invested construction and engineering service enterprise to upgrade its qualifications or to add additional engineering service qualifications shall be made to the construction administration department in accordance with relevant regulations.

Article 16 Where a foreign-invested construction and engineering enterprise alters its contract or articles of association, it shall handle relevant procedures in the commerce administration department of the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 17 Where a foreign-invested construction and engineering service enterprise carrying out construction and engineering service activities within the territory of the People's Republic of China violates the Construction Law of the People's Republic of China, Bidding Law of the People's Republic of China, Regulations on Administration of Construction Engineering Quality and other regulations, rules and relevant regulation on the administration of qualifications, it shall be imposed on a punishment in accordance with relevant provisions.

Article 18 For investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Area who establish construction and engineering service enterprises and carry out businesses in other provinces, autonomous regions or municipalities directly under the Central Government, these Regulations shall be applied by analogy unless it is otherwise provided by laws, regulations or the State Council.

Article 19 The construction administration department of the State Council and the commerce administration department of the State Council shall be responsible for interpreting these Regulations.

Article 20 These Regulations shall enter into force as of March 26, 2007.

(Source: www.fdi.gov.cn)

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