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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 06:30
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Chapter Law Content

Title: Construction Industry Act CH
Category: Ministry of the Interior(內政部)
Chapter 1 General Principles
Article 1
This Act is enacted to advance the technical level of the construction industry, ensure the quality of construction and repair works, promote the healthy development of the construction industry, and increase the public welfare.
For any affairs other than prescribed hereinto, other relevant laws shall apply.
Article 2
The "competent authorities" mentioned in this Act refers to the Ministry of the Interior at the central level, the municipal governments at the municipal level, and the county (city) governments at the county (city) level.
Article 3
The terms used this Act are defined as follows:
1. Construction and repair works: refer to civil and construction works as well as related operations.
2. Construction enterprises: refer to the manufacturers registered at and licensed by central, municipal and county (city) competent authorities to undertake construction and repair works.
3. Comprehensive construction enterprises: refer to the manufacturers registered at and licensed by the central competent authority to comprehensively perform construction and management of construction and repair works.
4. Specialized construction enterprises: refer to the manufacturers registered at and licensed by the central competent authority to operate specialized construction works.
5. Civil engineering contractors: refer to the manufacturers registered at and licensed by the municipal or county (city) competent authorities to operate small-scale comprehensive construction and repair works in the local and adjacent areas.
6. Integrated contracting: refers to tendering of the whole or a part of planning, design, construction and construction depending on the characteristics of the works.
7. Joint contracting: refers to the contracting deeds performed by two or more comprehensive construction enterprises to jointly contract a same work.
8. Principal: in an unlimited company or limited partnership, the principal is defined as the stockholder representing the company; in a limited company or joint stock limited company, the director representing the company; in a sole corporation, the investor or the legal representative of the investor; and in a partnership organization, the copartner executing operations. Within the scope of executing duties, the manager of a company or a firm may also be the principal.
9. Full-time engineers or technicians: refer to the engineers or architects who are employed by construction enterprises to take charge of technical direction and construction safety of the works contracted by the enterprise. It is the engineers who should say chief engineer; its architects, should be called chief architect.
10. Field directors: refers to persons who are employed by construction enterprises to preside over the worksite affairs and construction management of the works contracted.
11. Technical workers: refers to the persons who hold architectural engineering management technical worker certificates or other civil or construction related technical worker certificates.
Article 4
Any construction enterprise that is not permitted and licensed with a registration certificate or doesn't join the association of construction industry may not do business.
The association of construction industry may not reject any application for joining the association.
Where the association of construction industry, without any due reasons, refuses a construction enterprise to join, the enterprise shall be regarded as enrolled after it is approved by the central competent authority of civil organization.
Article 5
The central competent authority may entrust or assign the municipal and county (city) competent authorities to deal with permit and registration of construction enterprises, cancellation or abolishment of permits, closure, discontinuance, rewarding and punishment, charge of registration certificates and projects contracting manuals, discipline of full-time engineers and field directors, as well as granting, alteration, cancellation, reexamination and sampling examination of construction enterprise registration certificates and projects contracting manuals.
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