Chapter One General Provisions
Article 1
This Act is duly enacted in an effort to assure sound administration of the professional engineering consulting firms, improve the quality of engineering technology related services and safeguard the public.
For matters not provided in this Act, relevant provisions of other laws shall apply.
Article 2
This Act “competent authority” as set forth herein denotes the Public Construction Commission, Executive Yuan.
Article 3
This Act “professional engineering consulting firms” as set forth herein denotes the firms which engage in rendering technological services about the activities performed above or underneath the ground for building, augmenting, altering, repairing, or dismantling structures and their respective auxiliary equipment/facilities, or reforming natural environment, or other engineering services as accredited by the competent authority, including planning and feasibility studies, basic designs, detailed designs, assisting in tendering procedures and contract awarding, construction supervision, project management and other relevant technological services.
Article 4
The scope of business lines registered by a professional engineering consulting firm may include civil engineering, hydraulic engineering, structural engineering, geotechnical engineering, surveying, environmental engineering, urban planning, mechanical engineering, refrigeration and air-conditioning engineering, electrical engineering, electronic engineering, chemical engineering, industrial engineering, industrial safety engineering, soil and water conservation engineering, applied geology engineering, traffic engineering and engineering in other branches as accredited by the competent authority.
Article 5
The chairperson of the board of directors or the statutory representative of a professional engineering consulting firm shall be served by a practicing professional engineer except the following firms:
1. A firm hires a minimum of twenty practicing professional engineers.
2. A firm is listed on either the Taiwan Stock Exchange (TSE) or Over-the-Counter (OTC).
3. Where the Republic of China has executed a treaty of an international organization in an equal and reciprocal principle and where a firm of a member country has established an subsidiary or branch in the Republic of China, that foreign firm has been in business in the Republic of China for five years minimum since it was incorporated and has undertaken domestic, overseas engineering technological consultation services amounting to NT$2,000,000,000 minimum in accumulation over the past five years.
4. A technological consulting organization which has obtained the technological consulting organization registration certificate in accordance with the Regulations Governing the Administration of Technological Consulting Organizations prior to enforcement of this Act; the chairperson or statutory representative of such organization has not been served by a practicing professional engineer, and such organization has been staffed with three practicing professional engineers minimum or has been staffed with two practicing professional engineers, including one as the manager and the other as the shareholder.
The practicing professional engineers hired by a professional engineering consulting firm shall include one who has accumulated seven years of practical engineering experiences minimum which shall include two-year project leader experience minimum.
A professional engineering consulting firm shall, on the grounds of various engineering branches of the registered business scope, provide one practicing professional engineer minimum for each and every engineering branch.
Article 6
In a professional engineering consulting firm, the directors, shareholders taking charge of business operation or representing the firm shall include one-third minimum as the practicing professional engineers within the firm’s registered business scope except a firm staffed with twenty practicing professional engineers minimum or a firm listed on either the TSE or OTC.
Article 7
In a professional engineering consulting firm, the managerial officer in charge of engineering technological services or the responsible person in charge of the engineering technology department shall be served by practicing professional engineers.