Order of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation on Distributing the Regulations on Construction Enterprises with Foreign Investment

Order of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation on Distributing the Regulations on Construction Enterprises with Foreign Investment

Order of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation [2002] No.113

September 27, 2002

We hereby issue the Regulations on Construction Enterprises with Foreign Investment, upon the approval of the 63rd meeting of the standing committee of the Ministry of Construction and the 10th working meeting of the ministers of the Ministry of Foreign Trade and Economic Cooperation, which shall be implemented as of December 1, 2002.

Minister of Construction Wang Guangtao
Minister of Foreign Trade and Economic Cooperation Shi Guangsheng

Attached: Regulations on Construction Enterprises with Foreign Investment

Chapter I General Provisions
　
Article 1 The following regulations have been formulated in accordance with 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 Foreign-invested Enterprises, the Administrative Regulations on the Quality Management of Construction Engineering and other relevant laws and administrative regulations for the purpose of opening up more fully to the outside world and standardizing the management of construction enterprises with foreign investment.
　
Article 2 These regulations shall apply to the establishment of construction enterprises with foreign investment within China, the application for the aptitude of construction enterprises and the supervision and management of construction enterprises with foreign investment.
The term "construction enterprises with foreign investment" as used herein shall refer to those construction enterprises with foreign investment, equity, and contractual joint ventures of construction enterprises established within China in accordance with the Chinese laws and regulations.
　
Article 3 To establish construction enterprises with foreign investment within the People's Republic of China and engage in construction activities, a certificate of approval for foreign-invested enterprise must be obtained from the competent administrative agencies for foreign trade and economic activities with registration accomplished at the State Administration for Industry and Commerce or the authorized local industrial and commercial bureaus and an aptitude certificate for construction enterprise from competent construction department is also needed.
　
Article 4 The laws, regulations, and rules of the People's Republic of China should be observed during any construction activities by construction enterprises with foreign investment within China. The legal business activities and legitimate rights and interests of construction enterprises with foreign investment within China are under the protection of the laws, rules, and regulations of the People's Republic of China.
　
Article 5 Management of the establishment of construction enterprises with foreign investment shall be subject to the foreign trade and economic administrative agencies under the State Council and management of aptitude of construction enterprises with foreign investment shall be subject to the competent construction department of the State Council.
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