中华人民共和国法律法规/投资建筑规定

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

Regulations 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 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 Guangsheng

Article 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 People's Republic of China, the Tendering and Bidding 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 and the Regulations on Administration of Construction and Engineering Quality.

Article 2 These regulations shall apply to the establishment of foreign–invested construction enterprises within the territory of the People's Republic of China, the application for construction enterprise qualifications and the administration and supervision of foreign–invested 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 cooperative construction 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 enterprise within the territory of the People's Republic of China 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 and 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 People's Republic of China shall abide by the laws, regulations and rules of the People's Republic of China.

The lawful operation of foreign-invested construction 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 the establishment of foreign-invested construction 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 the establishment of foreign-invested construction enterprises within their authorised jurisdiction; the construction administration departments of the people's government of the provinces, or autonomous regions or directly administered municipalities shall, in accordance with these Regulations, be responsible for the administration of qualifications of foreign–invested construction enterprises within their administrative regions.

Chapter 2 Application for and Examination and Approval of Establishment of Foreign–invested Construction Enterprises and their Qualifications

Article 6 The application for and the examination and approval of the 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 qualifications, 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 department 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 foreign–invested construction 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.

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 joint 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 establishment of a foreign–invested 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 people's government 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 people's government of the province, 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 administration department of the State Council shall forward the application to the construction administration 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 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.