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The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises - 2004

Order of the Ministry of Construction and the Ministry of Commerce
(No. 122)

The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises were adopted at the 24th executive meeting of the Ministry of Construction and the executive meeting of the Ministry of Commerce, which are hereby promulgated and shall be implemented as of January 1, 2004.

Wang Guangtao Minister of the Ministry of Construction
Lu Fuyuan Minister of the Ministry of Commerce
December 19, 2003

The Supplementary Provisions of the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises

In order to promote the development of the economic & trade relations between the Mainland and Hong Kong / Macao, to encourage Hong Kong service providers and Macao service providers to establish construction and engineering design enterprises, the following supplementary provisions are formulated in accordance with the Mainland-Hong Kong Closer Economic Partnership Arrangement, the Mainland-Macao Closer Economic Partnership Arrangement approved by the State Council, and the Regulations on the Administration of the Foreign-funded Construction and Engineering Design Enterprises (Order No. 114 of the Ministry of Construction and the Ministry of Foreign Trade and Economic Cooperation):

1. Hong Kong service providers and Macao service providers may establish solely-funded construction and engineering design enterprises in the Mainland as of January 1, 2004.

2. When Hong Kong service providers and Macao service providers establish construction and engineering design enterprises in the Mainland, and apply for the qualification certificate, the Provisions on the Administration of Foreign-funded Construction and Engineering Design Enterprises and the relevant regulations governing the management of qualifications of construction and engineering design enterprises shall be complied with.

3. The terms of "Hong Kong service providers" and "Macao service providers" as mentioned in the present Supplementary Provisions shall be in conformity with the definitions and meet the relevant requirements as respectively provided in the Mainland-Hong Kong Closer Economic Partnership Arrangement and the Mainland-Macao Closer Economic Partnership Arrangement.

4. The power to interpret the present Supplementary
Provisions shall remain with the Ministry of Construction and the Ministry of Commerce according to their respective functions.

5. The present Supplementary Provisions shall be implemented as of January 1, 2004.

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