《外商投资建设工程设计企业管理规定》[英文版]（2002年）（6）

Article 1 These Regulations hereof are formulated in order to further the opening up to the outside and standardise the administration of foreign-invested construction and engineering design enterprises in accordance with such laws and regulations as the Construction 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 Wholly Foreign-Owned Enterprises， the Regulations on Administration of Construction Engineering Quality and the Regulations on Administration of Reconnoitring and Designing of Construction Projects.

（6） OtherdocumentsasrequiredbyRegulationsonAdministrationofConstructionandEngineeringDesignEnterpriseQualifications.

Article 12 All materials required to be submitted by an applicant under these Regulations shall be in Chinese. If the original documentary evidence is in a foreign language， a Chinese translation shall be provided.

Article 13 The foreign investor or the foreign service provider of a foreign-invested construction and engineering design enterprise shall be an enterprise engaged in construction and engineering design or a certified architect or a certified engineer in his or her home country.

Article 14 The total capital contribution of the Chinese party to a Sin-foreign equity construction and engineering design joint venture or a Sino-foreign cooperatively construction and engineering design joint venture shall not be less than 25% of the registered capital.

Article 15 The criteria of grading of qualifications of foreign-invested construction and engineering design enterprises shall be in accordance with the requirements of grading of qualifications of construction and engineering design enterprise issued by the construction administration department of the State Council.

Where a wholly foreign-owned construction and engineering design enterprise applies for the construction and engineering design enterprise qualifications， its foreign service providers who have been qualified as certified architects or certified engineers in China shall not be less than 1/4 of the total certified professionals required under the qualification grading criteria， and the foreign service providers who have the relevant design experience shall not be less than 1/4 of the total key technical personnel required under the qualification grading criteria.

Where a Sin-foreign equity construction and engineering design joint venture or a Sino-foreign cooperatively managed construction and engineering design enterprise applies for the construction and engineering design enterprise qualifications， its foreign service providers who have been qualified as certified architects or certified engineers in China shall not be less than 1/8 of the total registered professionals required under the qualification grading criteria， and its foreign service providers who have the relevant design experience shall not be less than 1/8 of the total key technical staff required under the qualification grading criteria.

Article 16 Each of the architects and engineers certified in China and the key technical personnel of the foreign service provider in a foreign-invested construction and engineering design enterprise shall reside within the territory of the People’s Republic of China for no less than a cumulative period of 6 months each year.

Article 17 Where a foreign-invested construction and engineering design enterprise carrying out construction and engineering design activities within the territory of the People’s Republic of China violates the Construction Law of the People’s Republic of China， Regulations on Administration of Construction Engineering Quality， Regulations on Administration of Prospecting and Designing of Construction Projects and Regulations on Administration of Construction Engineering Prospecting Design Enterprise Qualifications and other relevant laws， regulations and rules， it shall be penalized in accordance with relevant provisions.

Article 18 Investors from Hong Kong Special Administrative Region， Macao Special Administrative Region or Taiwan shall establish construction and engineering design enterprises and carry out businesses in other provinces， autonomous regions or directly administered municipalities in accordance with these Regulations， unless it is otherwise provided by laws， regulations and the State Council.

Article 19 The timing for accepting and processing the application for establishment of foreign-invested construction and engineering design enterprises shall be determined by the construction administration department of the State Council and the foreign trade and economic cooperation administration department of the State Council.

Article 20 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 interpreting these Regulations in accordance with their functions.

Article 21 These Regulations shall go into force on 1 December 2002. Regulations on Administration of Establishment of Sino-Foreign Project Design Joint Venture （File No. 180， 1992） shall be repealed at the same time.