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(Promulgated
by the Ministry of Construction and the Ministry of Foreign Trade
and Economic Cooperation on September 18, 1995)
Article 1 These
Provisions are hereby formulated with a view to meeting the needs
of opening up, strengthening the management of foreign-funded construction
enterprises, and safeguarding the order of the construction market.
Article 2 The
term 'foreign-funded construction enterprises' used in these Provisions
refers to Sino-foreign joint ventures and cooperative enterprises
engaging in newly constructing, expanding or rebuilding civil engineering
projects, routes, pipelines and equipment installation projects,
and house decoration and fitting projects. Establishment of wholly-owned
foreign construction enterprises in not permitted for the time being.
Article 3 Foreign-funded
construction enterprises shall be established according to the 'Law
of the People's Republic of China On Sino-foreign Joint Ventures',
the 'Law of the People's Republic of China on Sino-Foreign Cooperative
enterprises' and the 'Regulation on the Control of the Qualifications
of Construction Enterprises' and other related laws, decrees and
regulations.
Article 4 The
project proposals and feasibility studies for establishing foreign-funded
construction enterprises shall be examined and approved by the administrative
departments in charge of construction. The scope for contracting
projects by foreign-funded enterprises shall be verified and determined
according to the 'Regulations on the Control of the Qualifications
of Construction Enterprises' and the 'Standards for the Qualifications
of Construction Enterprises' issued by the Ministry of Construction.
The contracts and articles of association for establishing foreign-funded
construction enterprises shall be examined and approved by the department
in charge under the Ministry of Foreign Trade and Economic Cooperation.
Article 5 The
examination and approval of the establishment of foreign-funded
construction enterprises shall be carried out at different levels.
Applications for establishing first-grade foreign-funded construction
enterprises shall be examined and determined by the Ministry of
Construction and approved by the Ministry of Foreign Trade and Economic
Cooperation; applications for establishing second-grade and lowergrade
foreign-funded construction enterprises shall be examined and determined
by the administrative department in charge at the provincial level
and approved by the provincial foreign trade and economic cooperation
departments.
If the Chinese
partners are enterprises directly affiliated to State Council departments,
the applications shall be examined by the Ministry of Construction
and approved by the Ministry of Foreign Trade and Economic Cooperation.
Article 6 A
foreign-funded enterprise shall be established according to the
following procedures:
(1) The Chinese
partner shall submit for examination to administrative department
in charge the project proposal and feasibility study report and
related documents of the proposed foreign-funded construction enterprises.
If all the requirements are met, a 'Recommendation for the Examination
of Foreign-Funded Construction Enterprises' shall be issued.
(2) The Chinese
partner shall, on the strength of the 'Recommendation for the Examination
of foreign-funded construction enterprises', submit the contract
and articles of association and related documents for establishing
foreign-funded construction enterprise for examination and approval
by the department in charge under the Ministry of foreign trade
and Economic Cooperation. If all the requirements are met, a 'Certificate
of Approval for the Establishment of Foreign-Founded Enterprises'
shall be issued.
(3) The Chinese
partner shall go through the legal person registration procedures
with the administrative department for industry and commerce upon
the strength of the 'Recommendation for the Examination of Foreign-Funded
Construction Enterprises', the 'Certificate of Approval for the
Establishment of Foreign-Funded Enterprises' and other related documents.
(4) After obtaining
the license of a corporate person, the foreign-funded construction
enterprise shall go through the qualification examination and approval
procedures with the administrative department in charge of construction.
Article 7 Apart
from meeting the legal requirements, the establishment of a foreign-funded
construction enterprise shall meet the following conditions:
(1) The Chinese
partner to a foreign-funded construction enterprise shall be a construction
enterprise with at least the second-grade qualification certificate;
the foreign partner shall be a construction enterprise with the
status of a legal person that has a high level of technology and
management and a good reputation.
(2) The applicant
foreign-funded construction enterprise can import or adopt advanced
international technology and equipment for construction and can
train Chinese personnel in engineering and management.
(3) The registered
capital shall meet the following requirements:
The registered
capital shall not be lower than US$ 10 million for first-grade construction
engineering enterprises, US$ 5 million for second-grade construction
engineering enterprises and US $ 1.6 million for third-grade construction
engineering enterprises.
The registered
capital shall not be less than US$2 million for first-grade construction
decoration and fitting enterprises; US$1.5 million for second-grade
decoration and fitting enterprises, and US$600,000 for third-grade
decoration and fittings enterprises.
Article 8 In
applying for a foreign-funded construction enterprise, the Chinese
partner shall submit the following documents to administrative department
in charge of construction according to the procedures prescribed
in Article 5 of these Provisions:
(1) Report of
application for the establishment of foreign-funded construction
enterprises;
(2) Qualification
certificates of the Chinese partner;
(3) Document
of examination by departments in charge of the Chinese partner (except
those that do not have senior administrative organs);
(4) Project
proposals for establishing foreign-funded construction enterprises;
(5) Feasibility
study reports jointly compiled by all partners to a joint venture;
(6) Certificates
of all partners for the registration with administrations for industry
and commerce;
(7) Credit rating
certificates of all partners; and
(8) Other documents.
Article 9 In
applying for the establishment of foreign-funded construction enterprises,
it is required to submit the following documents to the department
in charge under the Ministry of Foreign Trade and Economic Cooperation
according to the procedures prescribed in Article 5 of these Provisions:
(1) The 'Recommendation
for the Examination of Foreign-Funded Construction Enterprises';
(2) Contracts
and articles of association of the foreign-funded construction enterprises
to be established;
(3) Project
proposals and feasibility study reports;
(4) Registration
certificates of all partners issued by administrations for industry
and commerce;
(5) Credit rating
certificates of all partners;
(6) Certificates
for the approval of names issued by administrations for industry
and commerce; and
(7) The list
of the board of directors and the appointments of directors of all
sides of the joint venture.
Article 10 These
Provisions are applicable to the establishment of construction enterprises
on the Chinese mainland with funding from Taiwan, Hong Kong and
Macao investors.
Article 11 These
Provisions shall come into force as of the date of promulgation.
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