News Center|Forum Info|Delta Info|Key Words|Central Govt Support|Coop&Development|Forum Pics|Delta News|CEPA Express|Side Story
  Forum Info
· Forum Agenda: June 1st
· Forum Agenda: June 2nd
· Forum Agenda: June 3rd
· Address and Speeches on June 1st (morning)
· About the Forum
· Forum Emblem & its Synopsis
· About Us
 
  Home-Specials-Pan PRD Forum-Forum Keywords  
Commitments under CEPA -- Construction, real estate
Latest Updated by 2004-02-18 19:48:26

Construction and real estate

Construction industry

WTO commitments or existing regulations on examination and approval

According to Regulations on Management of Foreign-invested Construction Enterprises: The establishment of wholly foreign-owned construction enterprises is allowed. The Chinese party to an equity/contractual joint venture shall hold an equity no less than 25%.

According to Regulations on Management of Foreign-invested Construction Project Design Enterprises: 1. The establishment of wholly-owned construction project design enterprises is allowed. The amount of capital contribution of Chinese party to an equity/contractual joint venture shall be no less than 25% of the registered capital; 2. the number of foreign service suppliers who have obtained the qualification of Chinese registered architect and engineer in a foreign-invested construction project design enterprise shall be no less than 1/4 of the specified registered number of staff. The number of foreign service suppliers with relevant experience of professional design shall be no less than 1/4 of the total specified number of key technical personnel; 3. The number of above foreign service suppliers in an equity/contractual joint venture shall be no less than 1/8 of the specified number of staff.

Commitments under CEPA

Comments in respect of professional architectural services: Hong Kong consultancy firms are allowed to set up wholly-owned enterprises to provide the services of architectural design, urban planning and landscape design in the Mainland.

Commitments in respect of construction and relevant engineering services: 1. The performance of both the enterprises in Hong Kong and in the Mainland is taken into account in assessing the qualification of the construction enterprises in the Mainland. The actual number of the managerial and technical staff in the construction enterprises in the Mainland will be taken into account in assessing their qualification. 2. Hong Kong companies are allowed the wholly acquire construction enterprises in the Mainland. 3. Construction enterprises in the Mainland set up and invested by Hong Kong service suppliers are exempted from foreign investment restriction projects. 4. Construction enterprises in the Mainland invested by Hong Kong service suppliers that have acquired the construction qualification certificate are permitted in accordance with laws to bid for construction projects in all parts of the Mainland.

Examination and Approval procedure

Examination and approval authority: The application for the establishment of foreign-invested construction enterprises with special-level and level-1 general contract and level-1 specialized contract qualification subject to the examination and approval of Ministry of Commerce and their qualification is subject to the examination and approval of Ministry of Construction. The application for the establishment of those with level-2 general contract and specialized contract qualification or below is subject to the examination and approval of provincial departments.

 

The application for the establishment of foreign-invested construction project design enterprises with grade-A architectural engineering design qualification and other grade-A and grade-B construction project design qualification is subject to the examination and approval of Ministry of Commerce and their qualification is subject to the examination and approval of Ministry of Construction. The application for the establishment of those with grade-B construction project design qualification and other grade-C construction project design qualification or below is subject to the examination and approval of provincial departments.

The procedure of application to Ministry of Commerce for examination and approval: 1. The applicant files an application to local Foreign Trade and Economic Cooperation Bureau. Local Foreign Trade and Economic Cooperation Bureau forwards the application to Ministry of Commerce; 2. Ministry of Commerce seeks advice from Ministry of Construction; 3. Ministry of Commerce makes the decision on approval or disapproval according to the written opinions of Ministry of Construction; 4. The applicant goes through registration procedure by presenting approval certificate; 5. After obtaining the business license of incorporated enterprise, apply for the qualification for construction enterprise or architectural engineering design enterprise (A city planning service enterprise applies to Ministry of Construction for City Planning Service Qualification Certificate for Foreign-invested Enterprises.

Special Materials to be Submitted for Examination and Approval

1)      The balance sheet and profit and loss statement of the investing party for the recent 3 years audited by registered accountants or certified public accountants.

2)      The enterprise registration certification of the investing party’s experience in construction project design.

3)      Foreign-invested city planning service enterprises: The city planning service experience and performance certification issued by governmental department in charge or trade association, society and notary organ of the country or region where the foreign investor is located.

Real estate industry

WTO commitments or existing regulations on examination and approval

The establishment of an enterprise or institution engaged in providing service of real estate purchase and sale or lease in China is not restricted. However, a wholly foreign-owned enterprise engaged in the development of high standard real estate projects is forbidden. As for real estate services on a fee or contract basis, the establishment of only a joint venture is allowed. However, major shareholding is allowed for the foreign party.

Commitments under CEPA

1. Hong Kong service suppliers are allowed to provide, in the form of wholly-owned operation, high standard real estate projects (with construction costs per unit 2 times more than the average construction costs per unit) services in the Mainland; 2. Hong Kong service suppliers are allowed to provide, in the form of wholly-owned operations, real estate services on a fee or contract basis in the Mainland.

Examination and Approval procedure

When the conditions for Hong Kong service suppliers in CEPA are satisfied, local Foreign Trade and Economic Cooperation Bureau may conduct examination and approval according to law.

Special Materials to be Submitted for Examination and Approval

None

 

Editor: Catherine

This site contains material from other media for content enrichment purpose only.
The Southcn.com website do not endorse such content and do not bear the joint responsibility of their copyright infringement.
The views expressed in written material posted to the bulletin boards of Southcn.com are those of the authors and/or publishers. The Southcn.com website does not endorse information products posted by organizations and individuals here. The originators of these information products are solely responsible for their content.
For copyright infringement issues, you shall contact Southcn.com within thirty (30) days. Email: falv@southcn.com

By: Source:South CN
- Relevant Stories -
Home | News | Brief Business | PRD | Gov Info | Cities & Towns | Culture/Life/Edu | Travelling | Enjoy Life | Pictures | Specials
About Us | Contact Us | Southcn.com
© www.newsgd.com registered number 020074 | ICP Certificate No.B2-20050252
If you find any error in this page, please drag your mouse to mark the text with error, then press "CTRL" and "ENTER", to inform us. Thanks for your help!