《外商投资建筑业企业管理规定》[英文版]（2002年） （4）
（4） China-investedconstructionprojectswhichChineseconstructionenterprisescannotundertakeindependentlyduetotechnicaldifficulties.SuchprojectsmaybejointlyundertakenbyChineseandforeignconstructionenterprisessubjecttotheapprovaloftheconstructionadministrationdepartmentsofthepeople’sgovernmentofprovinces，orautonomousregionsordirectlyadministeredmunicipalities.
Article 16 Sino-foreign equity construction joint ventures and Sino-foreign cooperative construction enterprises shall undertake construction projects within the permitted scope of their grades of qualifications.
Chapter 4 Supervision and Administration
Article 17 The criteria of grading of qualifications of foreign-invested construction enterprises shall be in accordance with the criteria of grading of construction enterprise qualifications formulated and issued by the construction administration department of the State Council.
Article 18 Where a foreign-invested construction enterprise undertakes a construction project as the contractor， it shall itself complete the main structure of the project.
Article 19 Where a foreign-invested construction enterprise contracts for construction projects in the form of a consortium with other construction enterprises， the consortium shall contract for projects within the permitted scope of the lower qualification grade.
Article 20 Where a foreign-invested construction enterprise contracts for construction projects beyond the permitted scope of its qualifications in violation of Article 15 of these Regulations， a fine at an amount between 2% to 4% of the construction contract price shall be collected. An order to suspend its business operation and to correct the wrongdoings may also be issued and its qualification certificate may be demoted. In serious situations， the qualification certificate shall be revoked and any proceeds illegally obtained shall be confiscated.
Article 21 Where a foreign-invested construction enterprise carrying out construction business violates the Construction Law of the People’s Republic of China， the Tendering and Bidding Law of the People’s Republic of China， Regulations on Administration of Engineering Construction Quality and Regulations on Administration of Construction Enterprise Qualifications and other relevant laws， regulations and rules， it shall be penalised in accordance with relevant provisions.
Chapter 5 Supplemental Provisions
Article 22 For a foreign enterprise which has already obtained a Foreign Enterprise Qualification Certificate for Contracting for Construction Projects prior to these Regulations come into force， it may apply for a construction enterprise qualification of an appropriate grade based on its track record of project contracting within the territory of the People’s Republic of China when establishing a foreign-invested construction enterprise.
Where a foreign enterprise which has already established a foreign invested construction enterprise within the territory of the People’s Republic of China as stated in Paragraph 1 of this Article is to establish a new foreign-invested construction enterprise， the qualification grade of the new foreign-invested construction enterprise shall be determined in accordance with Regulations on Administration of Construction Enterprise Qualifications.
Article 23 Investors from Hong Kong Special Administrative Region， Macao Special Administrative Region or Taiwan shall establish construction enterprises and carry out construction businesses in other provinces， autonomous regions or directly administered municipalities in accordance with these Regulations， unless it is otherwise provided by laws， regulations or the State Council.
Article 24 The construction administration department of the State Council and the foreign trade and economic cooperation administration department of the State Council shall be responsible for interpretation of these Regulations in accordance with their respective functions.
Article 25 These Regulations shall come into force on 1 December 2002.
Article 26 The Tentative Measures on Administration of Foreign Enterprise Qualifications for Contracting for Construction Projects Within the Territory of China issued by the Ministry of Construction （Decree No. 32 of the Ministry of Construction） shall be repealed as of 1 October 2003.
Article 27 Provisions on Establishment of Foreign-invested Construction Enterprises （File No. 533， 1995） jointly issued by the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation shall be repealed as of 1 December 2002.