REGULATIONS ON THE MANAGEMENT OF FOREIGN-FUNDED URBAN PLANNING SERVICE ENTERPRISES
Decree of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation, No 116 The Regulations on the Management of Foreign-funded Urban Planning Service Enterprises, deliberated and ratified at the 65th executive Wang Guangtao, Minister of Construction Shi Guangsheng, Minister of Foreign Trade and Economic Cooperation February 13th, 2003 Regulations on the Management of Foreign-funded Urban Planning Service Enterprises Article 1 Pursuant to the Law of the People’s Republic of China on Foreign-funded Enterprises , the Law of the People’s Republic of Article 2 The Regulations applies to those setting up foreign-funded urban planning service enterprises within the boundary of the People’s Article 3 The foreign-funded urban planning service enterprises as referred to in the current Regulations include Sino-foreign equity joint The term ‘urban planning service’ as used in the current Regulations refers to provide drawing and consulting services to urban Article 4 All foreign companies, enterprises, other economic entities or individuals engaged in urban planning services in China shall set Those have not been granted the Certificate of Qualification of Foreign-funded Enterprises for Urban Planning Services shall Article 5 The department responsible for the management of foreign trade and economic cooperation under the State Council shall take charge The departments responsible for foreign trade and economic cooperation under the people’s governments at the provincial, autonomous Article 6 Apart from meeting requirements set in relevant Chinese laws and regulations on foreign-funded enterprises, the following requirements 1. The foreign party shall be an enterprise or professional specializing in urban planning services in its resident country 2. The applicant shall own more than 20 employees specializing in urban planning, architecture, road transportation, gardening 3. The applicant shall have technical apparatus and fixed working site as stipulated by the State. Article 7 Those applying for establishing foreign-funded urban planning service enterprises shall apply, in accordance with law, to the Article 8 After passing examination and receiving approval of the post_titles of the foreign-funded enterprises it plans to set up, the applicant 1. The application for the establishment of a foreign-funded enterprise signed by the legal representative of the investing 2. The feasibility study report, project proposal and plan on the establishment of the enterprise (including staffing of specialists, 3. The contract and rules of the foreign-funded enterprise signed by the legal representative of the investing party (or rules 4. Notice of pre-approval on the post_title of the enterprise to be set up. 5. Certificate of legal person registration of the investing party and certificate of the credit provided by the bank of the 6. Documents and certificates of appointment of the chairman, board members, managers, and leading engineers or technicians 7. The balance sheets and statements of loss and gain of the investing party during the latest three years as audited by a 8. Certificate of registration and certificate of bank credit of the urban planning service enterprise(s) run by the foreign 9. Certificates of experiences and achievements of the foreign investing party in urban planning services produced by responsible Article 9 The department under provincial, autonomous regional or people’s municipal governments under the direct leadership of central Article 10 The State Council department in charge of foreign trade and economic cooperation shall submit the application documents that have Article 11 After receiving the Certificate of Approval of Foreign-funded Enterprise, the applicant shall register with an administration Article 12 After receiving a legal person business license, the applicant shall apply to the State Council department in charge of construction Article 13 The following documents shall be supplied for application for the Certificate of Qualification for Urban Planning Services for 1. Form of Application for the Certificate of Qualification for Urban Planning Services for Foreign-funded Enterprises ; 2. Certificate of Approval of Foreign-funded Enterprise; 3. Business license for enterprise legal person; 4. Contract of employment of technicians and specialists and certificates of technical qualifications of these people put on 5. Documents about the technical equipment of the enterprise. Article 14 The foreign-funded urban planning service enterprise shall report, within 30 days after receiving the Certificate of Qualification Article 15 The foreign-funded urban planning service enterprise that contracts for urban planning services in areas other than that of its Article 16 All the documents submitted by the applicant shall be written in Chinese. If any document of certification is written in a foreign Article 17 Foreign-funded urban planning service enterprises shall abide themselves by pertinent Chinese laws, regulations, and technical Article 18 The foreign technicians employed by foreign-funded urban planning service enterprises shall stay in China for a total length of Article 19 The State Council department in charge of construction shall carry out annual checks to the foreign-funded urban planning service Article 20 Chinese units that have received the Certificate of Qualification for Compilation of Urban Planning shall hand in the Certificate Article 21 Foreign-funded urban planning service enterprises shall hand in their Certificate of Qualification for Urban Planning Services Article 22 It is strictly forbidden to entrust any businesses of urban planning services to foreign-funded enterprises that have not granted It is strictly forbidden to entrust any businesses of service to general urban planning to foreign-funded enterprises. Article 23 Those that contract for urban planning services without the Certificate of Qualification for Urban Planning Services for Foreign-funded Article 24 Those foreign-funded urban planning service enterprises that provide services to compilation of general urban planning in violation Those foreign-funded urban planning service enterprises that obtain the Certificate of Qualification for Urban Planning Services After withdrawing a Certificate, the issuer shall inform the registration department concerned of the case. The enterprise whose Article 25 Those that entrust urban planning services or general urban planning services to foreign-funded enterprises that have not got Article 26 The current Regulations shall be interpreted by the State Council department in charge of construction and the State Council department Article 27 Investors from the Hong Kong Special Administrative Zone, the Macao Special Administrative Zone, and Taiwan area coming to run Article 28 The current Regulations shall take effect as of May 1, 2003. To be sent to: The Law Committee of the National People’s Congress, the Law Office of the State Council, the Editorial Office Secretariat of the General Office of the Ministry of Construction Printed and issued on February 20th, 2003
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