Chapter 2 Classification and Permission
Article 6
Construction enterprises are classified into comprehensive construction enterprises, specialized construction enterprises and civil engineering contractors.
Article 7
General construction business (or synthetic construction business, (hereinafter referred to as general construction business) is classified into three grades of A, B and C which shall possess the following conditions:
1.Having a minimum of one full-time professional engineer who have (has) held professional engineer certificates or architect certificates for civil engineering, hydraulic engineering, surveying, environmental engineering, structural engineering, geotechnical engineering or soil and water conservation engineering and such certificate holders should have studied civil architecture related curricula and earned a certain number of credits before obtaining such certificates through successfully passing the examination and who have (has) accumulated hands-on experience in civil architectural engineering for a minimum of two years.
2.Holding capital above the specified amount.
Where the full-time engineer specified in Subparagraph I of the preceding paragraph is a professional engineer, such engineer shall join the local Professional Engineer Association where the business is located before being hired to serve with the general construction business. In the event that a professional engineer had joined the respective Professional Engineer Association(s) of Taiwan Province before the change of the county (city) into a special municipality or its merger with other special municipality or county / city administrative district in accordance with Article 7-1 of the Local Government Law, he or she may continually join that Professional Engineer Association(s) of Taiwan Province while he or she may be hired to serve with the general construction business in the municipality or county / city administrative district after reorganization in accordance with Article 7-1 of Local Government Law.
The civil construction related curricula and number of credits specified in Paragraph I, Subparagraph I, and the amount under Subparagraph II shall be determined by the Central Government level competent authority.
In case of a change in the curricula and number of credits specified in the preceding paragraph, a full-time professional engineer having been hired to serve with the general construction business shall provide the certificate verifying the additional training programs within two years after the change. Should a professional engineer fail to complete the additional credit within the specified time limit, the competent authority shall order him or her to discontinue service as a full-time engineer for the general construction business.
A Grade B general construction business shall be a Grade C general construction business which has been in hands-on business for three years, and has successfully completed and undertaken projects amounting to over NT$200 million in five years and has been evaluated in the first degree in two years.
A Grade A general construction business shall be a Grade B general construction business which has been involved in hands-on business for three years, and has successfully completed and undertaken projects amounting to over NT$300 million in five years and has been evaluated in the first degree in three years.
Article 8
The registered specialized works of professional construction enterprises are as follows:
1. Steel structure works.
2. Soil-retaining & supporting and earthworks.
3. Foundation works.
4. Construction tower scaffold and shelf hoisting and moulding works.
5. Premixed concrete works.
6. Construction drilling works.
7. Underground pipeline works.
8. Curtain wall works.
9. Garden and landscape works.
10. Environmental protection works.
11. Waterproof works.
12. Other items supplemented or altered and announced by the central competent authority jointly with the competent authority of the objective undertaking.
Article 9
A specialized construction enterprise shall meet the following conditions:
1. Full-time engineers who meet the requirements of the professional works.
2. At least a certain amount of capital; the higher of the capital amounts where two items of professional works are registered.
The qualifications and number of full-time engineers referred to in Subparagraph 1 and the certain amount in Subparagraph 2 shall be determined by the central competent authority separately according to each item of the professional works.
Article 10
A civil engineering contractor shall meet the following conditions:
1. A principal of three years of civil construction experiences
2. A certain amount of capital.
The certain amount referred to in Subparagraph 2 shall be determined by the central competent authority.
Article 11
Where a civil engineering contractor company operates business beyond the previously registered municipality, county (city), the business shall be limited to the neighboring municipality, county (city).
In case of business operation beyond the specified zone as mentioned in the preceding paragraph, Taipei City, Keelung City, Hsinchu City and Chiayi City are deemed to be the neighboring municipality, county (city). Penghu County, Kinmen County are deemed to be neighboring Kaohsiung City, Lienchiang County is deemed to be neighboring Keelung City.
Article 12
The kind of contribution and it's ratio in amount of capital for a construction enterprise shall be fixed by the central competent authority.
Where a construction enterprise is established as a joint stock limited company, the capital mentioned in this Act refers to the paid-up capital.
Article 13
Before to apply for corporation or commercial registration, a construction enterprise shall submit the following documents to the central, municipal or county (city) competent authority to apply for construction permit:
1. Letter of application.
2. Capital certification documents.
3. Name, dwelling or temporary residence address, personnel details, and qualification certificates of founder or copartner.
4. Operating plan.
The letter of application referred to in Subparagraph 1 shall include the following contents:
1. Name and address of the construction enterprise.
2. Name, birthday, dwelling or temporary residing address, and identity certificate of the principal.
3. Class and business items of the construction enterprise.
4. Name, birthday, dwelling or temporary residing address, and identity certificate of the full-time engineer.
5. Organization property.
6. Amount of capital.
Letter of application submitted by a civil engineering contractor doesn't require the item described in Subparagraph 4.
Article 14
Construction enterprises shall accomplish the corporation or commercial registration within 6 months after receipt of the permit; otherwise, the central, municipal or county (city) competent authority will abolish the permit. Where there are due reasons, extension of up to 3 months may be applicable for only once.
Article 15
Construction enterprises shall submit the following documents within 6 months after completion of corporation or commercial registration to the central, municipal or county (city) competent authority to apply for construction enterprise registration and get the registration certificate and the projects contracting manual prior to operation; otherwise, the central, municipal or county (city) competent authority will abolish the permit:
1. Letter of application.
2. Original permit.
3. Corporation or commercial registration certificates.
4. Letter of consent for employment of full-time engineer and technicians and the qualification certificate.
The above-mentioned letter of application shall include the following contents:
1. Name and address of the construction enterprise.
2. Name, birthday, dwelling or temporary residing address, and identity certificate, signature and seal of the principal.
3. Class and business items of the construction enterprise.
4. Name, birthday, dwelling or temporary residing address, and identity certificate, signature and seal of the full-time engineer.
5. Organization property.
6. Amount of capital.
The documents listed in Subparagraph 4, Paragraph 1 are not required for a civil engineering contractor, and the contents described in Subparagraph 4 may be excluded in the letter of application submitted by the contractor.
In case of alteration of the contents in the letter of application mentioned in Paragraph 2, Article 13, the construction enterprise shall finish the procedure of alteration permit before to apply for the registration certificate.
Article 16
In the event of any change to any item specified in the application form referred to under section 2 of the previous article, relevant justification documents shall be filed with the central governing authority or the municipal or city (county) governing authority within two months from the occurrence of the fact for registration of change and for exchange of new construction industry registration license.
Article 17
Construction enterprises shall apply for reexamination every 5 years since receipt of the registration certificates. The central, municipal or county (city) competent authority may perform sampling examination at any time, and the examinee may not refuse, encumber or evade the examination.
In order to apply for the above-mentioned reexamination, the registration certificate and projects contracting manual or other related certificates shall be submitted to the central, municipal or county (city) competent authority.
The items of the reexamination and sampling examination as mentioned in the first paragraph include related certification documents of the principal and full-time technicians, financial status and capital amount of the enterprise, as well as the contents of the projects contracting manual.
Article 18
In case of any non-compliance with this rule discovered during the application for re-examination by a construction company or during random inspection by the central governing authority or the municipal or city (county) governing authority, the central governing authority or the municipal or city (county) governing authority shall state the reasons and notify the construction company for remedy.
The construction company shall remedy the matter within two months from the day following the date on which the notice is received.
Article 19
The contracting project brochure shall include the following items:
1. Construction industry registration license number.
2. Name and signature of responsible person.
3. Signature and sample seal of dedicated engineering staff.
4. Matters of rewards and penalties.
5. Engineering matters.
6. Altered matters.
7. Other matters designated by the central governing authority.
In the event of any change to any item specified in the previous section, the contracting project brochure and relevant justification documents shall be filed with the central governing authority or the municipal or city (county) governing authority within two months from occurrence of the fact for registration of change, except for matters specified in the contracting project brochure of a professional construction company or civil engineering general contractor and if the central governing authority determines that no application for change of registration is required based on a certain amount or scale.
Article 20
Where a construction enterprise stops operation by itself or is put under punishment of closure, the construction enterprise registration certificate and the projects contracting manual shall be handed in to the central, municipal or county (city) competent authority for recording, and will be returned back after record is made; the same for recovery of operation.
Where a construction enterprise terminates operation, the construction enterprise registration certificate and the projects contracting manual shall be handed in to the central, municipal or county (city) competent authority, and the registration shall be abolished.
Article 21
Where a construction enterprise is put under punishment cancellation of registration, abolishment of registration or closure, the enterprise may not undertake any works any more since arrival of the notice of punishment. For the works already started but not finished yet, another construction enterprise of the same grade and class may be entrusted to continue the construction until completion.