Notice of the Department of Housing and Urban-Rural Development of Fujian on the Establishment of Taiwanese-Invested Construction Engineering Enterprises and the Practice of Taiwanese Construction Professionals in the China (Fujian) Pilot Free Trade Zone
Min Jian Zhu 〔2015〕No.11
All district and municipal construction bureaus (construction committees), the Transportation and Construction Bureau of Pingtan Comprehensive Pilot Zone, and all relevant units:
For the purpose of further opening up the construction service field to Taiwan, we hereby give a notice as below on the establishment of Taiwanese-invested construction engineering enterprises and the practice of Taiwanese construction professionals in the China (Fujian) Pilot Free Trade Zone (hereinafter referred to as FTZ) in accordance with the Framework Plan for China (Fujian) Pilot Free Trade Zone (Guo Fa〔2015〕No.20).
1. In this notice, Taiwanese-invested Construction Engineering Enterprise(s) refers to the Taiwanese-invested construction engineering design enterprises and Taiwanese-invested construction related enterprises established by Taiwanese construction service providers in the FTZ in accordance with relevant laws and provisions. Taiwanese construction professional(s) refers to the Taiwanese professionals who have obtained professional certificates such as Licensed Architect, Licensed Engineers and other professional certificates issued by the authorized institutions of the mainland of China or Taiwan and engage in construction activities.
2. Taiwanese construction service providers who establish construction related enterprises in the FTZ shall apply for relevant qualification certificates in accordance with relevant provisions on the mainland of China. After obtaining the qualification certificates, they may participate in the construction project bidding on the mainland of China in accordance with relevant provisions. Where a wholly Taiwanese-invested construction engineering enterprise established in the FTZ undertakes a joint venture construction project, it shall not be subject to the investment proportion of the joint venture party of the construction project. The qualified wholly Taiwanese-invested construction engineering enterprises established in the FTZ may undertake construction projects in Fujian province without any restriction on the investment proportion of the both parties of the projects.
3. Construction engineering enterprises established by Taiwanese construction service providers in the FTZ may employ professional Taiwanese technicians who have the experience of managing construction projects as their managers. They also may employ the qualified Taiwanese construction professionals as their construction technicians and economic managers. The aforesaid technicians shall be natural persons holding relevant Taiwanese identity certificates and are not required to live an accumulative period of not less than 3 months on the mainland of China per year per person.
4. Taiwanese construction professionals who have obtained 1st class Licensed Architect or 1st class Licensed Structural Engineer on the mainland of China may serve as partnerships and set up their own construction design firms in the FTZ in accordance with the relevant qualification standards so as to provide relevant services.
5. Construction engineering enterprises established by Taiwanese construction service providers in the FTZ may employ Taiwanese licensed architects and engineers and use them as the major professional technicians to apply for construction qualification certificates. The qualification certificates shall be granted on the basis of those professional technicians’ education background, length of working experience in the construction design, qualification licenses obtained in Taiwan, and construction design achievements and reputations in this field. Their working performance on the mainland of China may also be used as an evaluation basis, but their professional and technical titles shall not be taken as an evaluation basis. Additionally, the scale of performance they achieve in Taiwan shall be subject to the standard scale of construction projects as prescribed on the mainland.
6. Taiwanese construction service providers, who are appointed as the major professional technicians of the construction engineering enterprises established in the FTZ and natural persons holding relevant Taiwanese identity certificates, are not required to live an accumulative period of not less than 6 months on the mainland of China per year per person.
7. Taiwanese professionals, who have obtained licensed construction structural engineer, civil engineer (port and waterway), public equipment engineer and electrical engineer qualification certificates on the mainland of China by examinations, may practice in the FTZ, whether they register for practice or not in Taiwan. Their qualification for practice in the FTZ shall be subject to relevant regulations prescribed by the mainland of China for the registered practitioners of construction design enterprises within Fujian province.
8. Taiwanese-invested construction engineering enterprises and Taiwanese construction professionals, which/ who carry out relevant business in the FTZ, shall comply with relevant provisions as prescribed by the mainland of China, Fujian province and FTZ. They also shall execute relevant technical standards, norms and regulations as required by the mainland of China, Fujian province and FTZ and accept the supervision and administration by relevant administrative departments or their authorized institutions.
9. The Departments of Housing and Urban-Rural Development at all levels or their authorized construction quality and safety supervision institutions shall conduct supervision and administration on Taiwanese-invested construction engineering enterprises and Taiwanese construction professionals in accordance with relevant laws, provisions, standards and norms.
10. This notice shall come into force as of the date of issuance. The registration administration rules for Taiwanese construction professionals’ practice in the FTZ may refer to those for the mainland construction professionals, but the specific rules shall be formulated separately.
The Department of Housing and Urban-Rural Development of Fujian
April 17th, 2015