Ministry of Construction, Administration of the Qualifications of Construction Enterprises Provisions

Promulgated: April 18 2001
Effective: July 1 2001
Interpreting authority: State Council department in charge of construction
Applicability: For the purposes of the Provisions, "construction enterprises" means enterprises engaged in civil engineering projects, construction projects, pipeline installation and fitting out projects (Article 2).

Main contents: Under the Provisions, qualifications of construction enterprises fall into three categories: turn-key contractor, specialized contractor and labour subcontractor. An enterprise with turn-key contractor qualifications may contract for a construction project on turn-key basis; it may complete the entire project by itself or subcontract part of it to a qualified specialized contractor or a qualified labour subcontractor. An enterprise with specialized contractor qualifications may contract for a specialized project; it may complete the work by itself or subcontract part of it to a qualified labour subcontractor. An enterprise with labour subcontractor qualifications can only subcontract projects (Article 5). Each category of qualifications contains several classes pursuant to the standards set out by the State Council department in charge of construction and other relevant departments of the State Council (Article 6). Applications for special grade class or first grade turn-key contractor qualifications or first grade specialized contractor qualifications shall be approved by the State Council department in charge of construction; applications for other grades of qualifications shall be approved by a provincial level government department in charge of construction (Articles 7 and 10). The Provisions set out the procedures for application and approval (Part Three).
Related legislation: PRC, Construction Law, Nov 1 1997, CLP 1998 No.1 p6 and Administration of the Quality of Construction Works Regulations, Jan 30 2000, CLP 2000 No.2 p5
Repealed legislation: Ministry of Construction, Administration of the Qualifications of Construction Enterprises Provisions, 1995