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Letter soliciting public comments on the “Supplementary Circular Concerning Administration of Foreign Investment in Construction Enterprises”

关于征求《关于外商投资建筑业企业管理工作有关问题的补充通知》意见的函

Letter soliciting public comments on the "Supplementary Circular Concerning Administration of Foreign Investment in Construction Enterprises" (the Circular)

Issued: January 7, 2005

Issuing Authorities: Ministry of Construction (MOC) and Construction Market Administration Dept.

Main Contents: The Circular, a supplement to the existing laws and regulations concerning administration of foreign invested construction enterprises (Construction FIEs), is still in the process of being finalized and was published for the purpose of soliciting public opinion.  It aims to clarify issues related to the certification of the qualification levels of newly established Construction FIEs. 

The current legal framework governing the qualification level certifications of Construction FIEs consists of:

(1) the Administrative Rules on Foreign Invested Construction Enterprises;

(2) the Regulations on the Administration of Building Industry Enterprise Qualifications; (3) the Standards for Construction Enterprise Qualification Levels;

(4) the Implementation Procedures for Qualification Management from the Administrative Rules on Foreign Invested Construction Enterprises; and

(5) the Circular on the Related Issues of Properly Handling the Administration of Foreign Invested Construction Enterprise Qualifications.

The Circular attempts to clarify the following issues: how information on a Construction FIE's past participation in Chinese overseas construction projects is submitted for consideration when applying for qualification level certification; what credential certificates are required for the employees retained by Construction FIEs; how the project managers of foreign nationalities retained by the Construction FIEs are ratified by the MOC qualification administration authority; that, if the Construction FIE applicant leases the required equipment, the MOC shall ask for the equipment lease contract and related documents in order to meet the standards set by the MOC qualification administration authority; and, how Construction FIEs can apply for an upgrade of their qualification levels.

Along with the above clarifications, the Circular stipulates that all qualification level certification submitted by a Construction FIE should be written in Chinese.  If the original copy of the document is submitted in a foreign language, it must be translated into a Chinese version and notarized. 

The MOC qualification administration authority shall accept any application for qualification level certification submitted by Construction FIEs prior to July 1, 2005. The Circular applies to Construction FIEs that are applying, or intend to apply, for such qualification level certificate according to the Administrative Rule on Foreign Invested Construction Enterprises.  Construction FIEs would be well advised to take note of this Circular, though it has not yet been passed or taken effect.