建筑業(yè)企業(yè)管理規(guī)定 英文版 建設(shè)部、對(duì)外貿(mào)易經(jīng)濟(jì)合作部令

1、.：.；外商投資建筑業(yè)企業(yè)管理規(guī)定 英文版 中華人民共和國(guó)建立部、對(duì)外貿(mào)易經(jīng)濟(jì)協(xié)作部令 第113號(hào) Wang Guangtao Shi Guangsheng二二年九月二十日Regulations on Administration of ForeignInvested Construction EnterprisesThe Ministry of Construction of the Peoples Republic of ChinaThe Ministry of Foreign Trade and Economic Cooperation of the Peoples Republic o

2、f ChinaDecree No. 113Regulations on Administration of Foreign-Invested Construction 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

3、September 2002 are now issued and shall go into effect on 1 December 2002.Minister of the Ministry of Construction: Wang Guangtao Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng27 September 2002Regulations on Administration of ForeignInvested Construction Enterpris

4、esChapter 1 General provisionsArticle 1 These Regulations hereof are formulated to further the opening up to the outside and standardise the administration of foreign-invested construction enterprises in accordance with such laws and regulations as the Construction Law of the Peoples Republic of Chi

5、na, the Tendering and Bidding Law of the Peoples Republic of China, the Law of the Peoples Republic of China on Sino-foreign Equity Joint Ventures, the Law of the Peoples Republic of China on Sino-Foreign Cooperative Joint Ventures, the Law of the Peoples Republic of China on Wholly Foreign-Owned En

6、terprises and the Regulations on Administration of Construction and Engineering Quality.Article 2 These regulations shall apply to the establishment of foreigninvested construction enterprises within the territory of the Peoples Republic of China, the application for construction enterprise qualific

7、ations and the administration and supervision of foreigninvested construction enterprises.The term foreign-invested construction enterprise mentioned in these regulations refers to a wholly foreign-owned construction enterprise, or a Sino-foreign equity construction joint venture or a Sino-foreign c

8、ooperative construction enterprise established within the territory of the Peoples Republic of China in accordance with Chinese laws and regulations.Article 3 A foreign investor, which intends to establish a foreign-invested construction enterprise within the territory of the Peoples Republic of Chi

9、na and conduct construction business, shall, in accordance with laws, obtain the 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 an

10、d commerce at local levels, and the qualification certificate from the relevant construction administration department. Article 4 Foreign-invested construction enterprises which engage in construction business within the territory of the Peoples Republic of China shall abide by the laws, regulations

11、 and rules of the Peoples Republic of China.The lawful operation of foreign-invested construction enterprises and their legal rights and interests within the territory of the Peoples Republic of China shall be protected by Chinese laws, regulations and rules.Article 5 The foreign trade and economic

12、cooperation administration department of the State Council shall be responsible for the administration of the establishment of foreign-invested construction enterprises. The construction administration department of the State Council shall be responsible for the administration of the qualifications

13、of foreigninvested construction enterprises.The foreign trade and economic cooperation administration departments of the peoples government of provinces, autonomous regions or directly administered municipalities shall be responsible for the administration of the establishment of foreign-invested co

14、nstruction enterprises within their authorised jurisdiction; the construction administration departments of the peoples government of the provinces, or autonomous regions or directly administered municipalities shall, in accordance with these Regulations, be responsible for the administration of qua

15、lifications of foreigninvested construction enterprises within their administrative regions.Chapter 2 Application for and Examination and Approval of Establishment of Foreigninvested Construction Enterprises and their QualificationsArticle 6 The application for and the examination and approval of th

16、e establishment of foreign-invested construction enterprises and their qualifications shall be managed by a grading and categorization system.Where an applicant is to apply to establish a contractor with Super Grade or Grade A qualifications or to establish a specialised contractor with Grade A qual

17、ifications, the establishment of the foreign-invested construction 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 departmen

18、t of the State Council; where an applicant is to apply to establish a contractor or a specialised contractor with Grade B or lower qualifications or any of the subcontractor qualifications, the establishment of the foreigninvested construction enterprise shall be examined and approved by the foreign

19、 trade and economic cooperation administration department of the peoples 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 peoples government of the pr

20、ovince, the autonomous region or the directly administered municipality.Where the Chinese investor to a proposed Sino-foreign equity construction joint venture or a Sino-foreign cooperative construction enterprise is an enterprise administered by the central government, the establishment of the join

21、t venture 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.Article 7 The procedures for the establishmen

22、t of a foreigninvested construction enterprise as a contractor with Super Grade or Grade A qualifications or a specialised contractor with Grade A qualifications are:(1) The applicant shall submit an application to the foreign trade and economic cooperation administration department of the peoples g

23、overnment of the province, the autonomous region or the directly administered municipality where the proposed foreign-invested construction enterprise is to be established.(2) The foreign trade and economic cooperation administration department of the peoples government of the province, the autonomo

24、us 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 Co

25、uncil for further approval.(3) Within 10 days of receiving the application for further approval, the foreign trade and economic administration department of the State Council shall forward the application to the construction administration department of the State Council for review and comments. The

26、 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 t

27、o approve the application 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 approv

28、al certificate, the applicant shall register with the relevant registration department.(5) After obtaining the business license for the legal entity, the application by the foreign-invested construction enterprise for qualification approval shall be conducted in accordance with Regulations on Admini

29、stration of Construction Enterprise Qualifications.Article 8 The procedures for the establishment of a foreign-invested construction enterprise as a contractor or a specialised contractor with Grade B or lower qualifications or any of the subcontractor qualifications shall be administered by the con

30、struction administration department and the foreign trade and economic cooperation administration department of the peoples government of the province, the autonomous region or the directly administered municipality based on local conditions with reference to Article 7 of these Regulations and Regul

31、ations on Administration of Construction Enterprise Qualifications.Examination and approval of qualifications of the foreign-invested construction enterprise by the construction administration department of the peoples government of the province, the autonomous region or the directly administered mu

32、nicipality shall be filed with the construction administration department of the State Council within 30 days after the approval is given.Article 9 The application by a foreign-invested construction enterprise for upgrading its qualifications or adding additional qualifications in addition to major

33、items 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 enterprise shall submit the following documents to the relevant foreign trade and economic cooperation

34、 administration department:(1) Application forms to establish a foreign-invested construction enterprise signed by the investors legal representative;(2) The feasibility study report prepared or accepted by the investors;(3) The contract for the establishment of a foreign-invested construction enter

35、prise and the articles of association signed by the investors legal representative (only the articles of association is required for the establishment of a wholly foreign-owned construction enterprise);(4) The notification on pre-verification of the name of the enterprise;(5) Documentary evidence of

36、 legal entity registration and bank credential letter of the investor;(6) Appointment letters and documentary evidence of the investors 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

37、over the past three years audited by a certified accountant or an accounting firm.Article 11 The applicant applying for foreign-invested construction enterprise qualifications shall submit the following documents to the relevant construction administration department:(1) Application forms for the fo

38、reign-invested construction enterprise qualifications;(2) The approval certificate for the establishment of the foreign-invested construction enterprise; (3) The business licence for the legal entity; (4) The bank credential letter of the investor;(5) Appointment letters and documentary evidence of

39、the investors designated chairman and members of the board of directors, the enterprises financial manager, operations managers and technical managers etc.; and(6) Balance sheets and profit and loss accounts of the investor over the past three years audited by a certified accountant or an accounting

40、 firm.(7) Other documents requiredArticle 12 The total capital contribution of the Chinese party to a Sino-foreign equity construction joint venture or a Sino-foreign cooperative construction enterprise shall not be less than 25% of the registered capital. Article 13 Qualifications of Sino-foreign e

41、quity construction joint ventures and Sino-foreign cooperative construction enterprises established prior to the issuance of these Regulations are required to be re-examined and ratified in accordance with these Regulations and Regulations on Administration of Construction Enterprise Qualifications.

42、Article 14 All documents 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.Chapter 3 Scope of ContractingArticle 15 Wholly foreign-owned construction enterprises

43、 may only undertake the following types of construction projects within the scope of their qualifications:(1) Construction projects funded totally by foreign investments, foreign grants or foreign investments and grants;(2) Construction projects financed by international financial organisations and

44、awarded through international tendering process in accordance with the provisions of the loan agreement;(3) Sino-foreign jointly constructed projects where the foreign investment is equal to or greater than 50%; Sino-foreign jointly constructed projects where the foreign investment is less than 50%

45、but which Chinese construction enterprises cannot undertake independently due to technical difficulties subject to the approval of the construction administration departments of the peoples government of provinces, or autonomous regions or directly administered municipalities; (4) China-invested con

46、struction projects which Chinese construction enterprises cannot undertake independently due to technical difficulties. Such projects may be jointly undertaken by Chinese and foreign construction enterprises subject to the approval of the construction administration departments of the peoples govern

47、ment of provinces, or autonomous regions or directly administered municipalities.Article 16 Sino-foreign equity construction joint ventures and Sino-foreign cooperative construction enterprises shall undertake construction projects within the permitted scope of their grades of qualifications.Chapter

48、 4 Supervision and AdministrationArticle 17 The criteria of grading of qualifications of foreign-invested construction enterprises shall be in accordance with the criteria of grading of construction enterprise qualifications formulated and issued by the construction administration department of the

49、State Council.Article 18 Where a foreign-invested construction enterprise undertakes a construction project as the contractor, it shall itself complete the main structure of the project.Article 19 Where a foreign-invested construction enterprise contracts for construction projects in the form of a c

50、onsortium with other construction enterprises, the consortium shall contract for projects within the permitted scope of the lower qualification grade.Article 20 Where a foreign-invested construction enterprise contracts for construction projects beyond the permitted scope of its qualifications in vi

51、olation of Article 15 of these Regulations, a fine at an amount between 2% to 4% of the construction contract price shall be collected. An order to suspend its business operation and to correct the wrongdoings may also be issued and its qualification certificate may be demoted. In serious situations

52、, the qualification certificate shall be revoked and any proceeds illegally obtained shall be confiscated.Article 21 Where a foreign-invested construction enterprise carrying out construction business violates the Construction Law of the Peoples Republic of China, the Tendering and Bidding Law of th

53、e Peoples Republic of China, Regulations on Administration of Engineering Construction Quality and Regulations on Administration of Construction Enterprise Qualifications and other relevant laws, regulations and rules, it shall be penalised in accordance with relevant provisions.Chapter 5 Supplement

54、al ProvisionsArticle 22 For a foreign enterprise which has already obtained a Foreign Enterprise Qualification Certificate for Contracting for Construction Projects prior to these Regulations come into force, it may apply for a construction enterprise qualification of an appropriate grade based on its track record of project contracting within the territory of