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the Ministry of Construction
Circular on Cooperating with Competent Departments of Commerce on the Establishment Administration of Foreign-invested Construction
Enterprises and Foreign-invested Construction Engineering Design Enterprises
Jian Shi Han [2006] No. 76
The construction departments of all provinces and autonomous regions, the construction commissions of all municipalities directly
under the Central Government, and the Construction Administrative Bureaus of Jiangsu and Shandong Provinces:
For the purpose of simplifying the examination and approval formalities for establishing foreign-invested enterprises, in accordance
with the Provisions on the Administration of Foreign-invested Construction Enterprises (Order No. 113 of the Ministry of Construction
and the Ministry of Foreign Trade and Economic Cooperation), the Provisions on the Administration of Foreign-invested Construction
Engineering Design Enterprises (Order No. 114 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation),
the Ministry of Commerce printed and issued the Circular of the Ministry of Commerce on Entrusting the Provincial Commercial Administrative
Departments to Examine and Approve Foreign-invested Construction Enterprises (Shang Zihan [2005] No. 90) in January 2006, as well
as the Circular of the Ministry of Commerce on Entrusting the Provincial Commercial Administrative Departments to Examine and Administer
Foreign-invested Construction Engineering Design Enterprises (Shang Zihan [2005] No. 92 ), and the provincial commercial administrative
departments and the administrative committees of national economic and technological development zones are entrusted to examine and
approve the establishment of foreign-invested construction enterprises and foreign-funded construction engineering design enterprises.
For the purpose of cooperating the commercial administrative departments to do well in the work concerning the examination and approval
of the establishment of foreign-invested enterprises, we hereby notify the relative matters as follows:
I.
Regarding an application for the level A+ or A qualification of a general contractor of construction or the level A qualification
of a professional contractor, the Ministry of Commerce should solicit the opinions from the Ministry of Construction as of the receipt
of application materials in accordance with Article 7 of the Provisions on the Administration of Foreign-invested Construction Enterprises,
however, as of the present circular, the provincial commercial administrative department shall solicit the opinions from the construction
administrative department at the same level in accordance with this Circular.
II.
Regarding an application for the level A qualification for construction engineering design or the level A or B qualification for any
other construction engineering design, the Ministry of Commerce should solicit the opinions from the Ministry of Construction as
of the receipt of application materials in accordance with Article 7 of the Provisions on the Administration of Foreign-invested
Construction Engineering Design Enterprises, however, as of the present circular, the provincial commercial administrative department
shall solicit the opinions from the construction administrative department at the same level in accordance with this Circular.
The provincial construction administrative departments shall strictly carry out the above-mentioned provisions; and shall, in accordance
with Article 22 of the Provisions on the Administration of Foreign-funded Construction Enterprises and the Measures of the Ministry
of Construction for the Implementation of the Relevant Qualification Administration in the Provisions on the Administration of Foreign-invested
Construction Enterprises (Jian Shi [2003] No. 73), make primary examination and approval on whether the enterprises have the qualifications
for directly applying for the same levels in the letters of local commercial administrative departments for soliciting opinions.
The relevant qualification administrative departments shall carry out specific examination on the qualifications for the enterprises
in accordance with the relative provisions on the qualification administration.
Ministry of Construction of the People’s Republic of China
March 29, 2006
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