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

Print Time:2024/11/22 08:44
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Chapter Law Content

Title: Act governing the administration of professional engineering consulting firms CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter Three Supervision
Article 12
The practicing professional engineers who are hired to serve a professional engineering consulting firm or who organize a professional engineering consulting firm shall duly apply for or alter their licenses within fifteen days from the day next to the time when the professional engineering consulting firm obtains the registration certificate or when the practicing professional engineers report for duty.
Article 13
The practicing professional engineers who are hired to serve a professional engineering consulting firm or who organize a professional engineering consulting firm shall serve the duties on an exclusive (full-time) and continual basis and shall exclusively serve that firm.
Article 14
Where a practicing professional engineer quits or is penalized by being suspended from practice, the professional engineering consulting firm shall report such fact to the competent authority for reference within fifteen days. If the firm violates Article 5 because of such fact, it shall hire a new practicing professional engineer within one month.
During the period while the professional engineering consulting firm violates Article 5, the firm may, for business contract(s) having been accepted, subject to consent from the client(s), terminate the contract(s) or entrust another professional engineering consulting firm or a practicing professional engineer who has established an office to carry out the business.
Article 15
In case of a change in the registration certificate, or a change in director(s), shareholder(s) in charge of business operation or representing the firm, the firm shall, within thirty days from the day next to the occurrence of the change, apply to the competent authority with supporting certificates for permission for the change and shall, within fifteen days from getting permission, apply to the competent authority in charge of incorporation registration for alteration of registration.
In the event that the change mentioned in the preceding Paragraph is a change in the registration certificate, the firm shall apply to the competent authority for replacement of the registration certificate for professional engineering consulting firm within fifteen days. The permission of change mentioned in the preceding Paragraph is valid for three months and the competent authority will abolish the permission of change when beyond the time limit and will inform the competent authority in charge of incorporation registration. Where backed by a justifiable reason, nevertheless, the firm may apply for an extension within the maximum limit of three months.
In case of a change in the supervisor(s) or the practicing professional engineer(s), the firm shall, within thirty days from the day next to the occurrence of change, apply to the competent authority with supporting certificates for alteration of the roster of the supervisor(s) or the practicing professional engineer(s).
Article 16
A professional engineering consulting firm shall not rent or lend its registration certificate for professional engineering consulting firm to another for use.
Article 17
When rendering engineering technological services, the professional engineering consulting firms shall not go beyond the scope of business operation as set forth in the registration certificate.
The professional engineering consulting firms shall have the engineering technological services rendered only through practicing professional engineers. All drawings and documents so worked out during the services shall be duly signed by such practicing professional engineers and shall be subject to certification according to laws and regulations.
The professional engineering consulting firms and the ones assigned to oversee business operation shall not have the hired practicing professional engineers violate laws or regulations or breaching the supposed duties when rendering services.
Article 18
In the event that a professional engineering consulting firm takes the initiative to shut business down or is penalized for business shutdown, it shall surrender the registration certificate for the professional engineering consulting firm to the competent authority which will return the certificate after making remarks of such facts. The same procedures shall be required when it resumes business operation.
In the event that a professional engineering consulting firm is revoked or abolished from registration or receives a penalty for business shutdown, it shall no longer receive any order. For the order(s) having been accepted but still outstanding, it may commission a professional engineering consulting firm of the same business scope to continually fulfill the order(s).
Where a professional engineering consulting firm has been suspended from business operation for over one year, the competent authority may abolish its permission and nullify its registration certificate and shall inform the competent authority in charge of incorporation registration to abolish the incorporation registration or the registration in part except in a case when the firm is backed by a justifiable reason and approved by the competent authority.
Article 19
Where a professional engineering consulting firm is dissolved, it shall inform the competent authority within fifteen days from termination of business operation and shall, meanwhile, surrender the registration certificate for professional engineering consulting firm for nullification. If it fails to surrender within the specified time limit, the competent authority may nullify the registration through a public announcement.
Article 20
Professional engineering consulting firms shall be insured against professional liability risks in a manner of mandatory insurance on a case-by-case basis. The minimum insurance amount shall be determined by the competent authority after consultation with the Ministry of Finance.
The proposer shall not withdraw the insurance against professional liability risks mentioned in the preceding Paragraph unless consented by the client. In case of a change, termination or rescission of the insurance contract, both the insurance applicant and the insurer shall inform the client in writing.
Article 21
The professional engineering consulting firms shall, within six months from the day after the end of a fiscal year, submit the annual business report as required by the competent authority to the competent authority for reference.
The professional engineering consulting firms shall work out the aforementioned business report on a faithful basis and shall archive the report for a minimum of ten years from the date on which the report are submitted.
Article 22
The competent authority may at any time assign official(s) to look into the business operation rendered by the professional engineering consulting firms and the matters such firms or their practicing professional engineers shall observe under this Act. During the inspection process, the competent authority may order submission of the relevant supporting certificates, books and information. The professional engineering consulting firms or their practicing professional engineers shall not evade, impede or refuse the competent authority’s inspection.
Article 23
The professional engineering consulting firms shall budget funds for research and development and talent cultivation on an annual basis, in an amount not below 0.5% of the total revenues of engineering technological services received in the year.
Article 24
Professional engineering consulting firms shall join the National Commercial Trade Association in the place where the Central Government is located or the local trade association.
Article 25
The National Commercial Trade Association or the local trade association shall not reject application from professional engineering consulting firms for membership accreditation.
In the event that the National Commercial Trade Association or the local trade association rejects application from a professional engineering consulting firm for membership accreditation without a justifiable reason, the professional engineering consulting firm shall be deemed having been accredited after the firm is approved by the central competent authority in charge of the commercial organizations.
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