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Chapter Law Content

Title: Construction Industry Act CH
Category: Ministry of the Interior(內政部)
Chapter 9 Supplementary Provisions
Article 66
The construction enterprises, civil engineering contractors, and manufacturers operating the professional works listed in Paragraph 1, Article 8 shall apply for renewal of the construction enterprise registration certificates and the projects contracting manual within 1 years commencing from implementation of this Act separately according to the necessary conditions defined in Articles 6~12, and the manufacturers operating professional works supplemented or altered under Subparagraph 13, Article 8 shall apply for renewal within 2 years commencing from announcement.
In case of infringement of the above paragraph, the permit and the registration certificate shall be abolished, and the competent authority of corporation or commercial registration shall be notified to abolish the corporation or commercial registration of the enterprise or a part of registered matters.
Where a Grade C construction enterprise is renewed as a Grade C comprehensive construction enterprise according to the first paragraph above, the jobsite director appointed as full-time engineer according to the management rules of construction industry as well as the associate technicians in civil or hydraulic engineering or architecture section approved by and registered at the Ministry of Economic Affairs may retain in the positions. However, when the Class C construction enterprise applies for reexamination according to Article 17 five years after being renewed as a Class C comprehensive construction enterprise, the jobsite director and the associate technicians shall obtain the qualifications of full-time engineers as prescribed in Subparagraph 1, Paragraph 1, Article 7; otherwise, they will be stopped from executing the operations of full-time engineers in construction enterprises.
Five years after a Grade C construction enterprise that employs a jobsite director to assume full-time engineer according to original management rules of the construction industry before this Act is enforced is renewed as a Grade C comprehensive construction enterprise, the enterprise may appoint a full-time engineer or entrust an architect or technician to preside over construction management case by case and take charge of the work of full-time engineers. The architect or engineer may not establish office or be employed in a technical consultation institution, and must join the association before to take the foresaid work, and shall report the project to the municipal or county (city) competent authority at the location of the works for recording and reference after sealing a construction project on a commission basis each time.
Provisions on entrusting architects or engineers to preside over construction management, sealing, reporting, recording, and project expenses as described in the above paragraph as well as other related affairs shall be prescribed by the central competent authority jointly with related associations.
To achieve the full-time and professional objectives of the construction industry, the terminating date of applying the provisions of entrusting architects or engineers under Article 4 shall be determined by the central competent authority jointly with related associations.
Article 67
The central, municipal or county (city) competent authority may establish construction enterprise review committees to deal with the cancellation or abolishment of registration and rewarding & punishment of construction enterprises as well as punishment of full-time engineers and jobsite directors. The fundamentals for establishing the foresaid committees shall be prescribed by the central competent authority.
Article 67-1
Judicial Yuan shall designate the court to form the professional engineering tribunal consisting of the judges specialized in the engineering or experienced in trial of engineering-related cases to process the dispute over engineering.
Article 68
Where a construction enterprise in an off-island area undertakes local works, provisions of Article 7, 35 and 41 shall not apply to staffing of the construction enterprise.
The range of the above-mentioned off-island areas, staffing and related affairs shall be prescribed by the central competent authority.
Article 69
The incorporation of a foreign construction company shall first be subject to approval by the central governing authority and then application for recognition shall be filed in accordance with the Company Law or registration shall be carried out in accordance with the Commercial Registration Act. The company shall also receive a construction registration license and contracting project brochure in accordance with this law before it may commence business. If the company is registered as a Level B general constructor or Level A general constructor, restrictions about upgrade under Section 5 of 6 of Article 7 shall not be applicable. However, the performance, seniority and accumulated amount of completed construction projects shall be calculated based on actual performance carried out within the countries where the construction projects are performed and the other performance shall be excluded.
Foreign construction companies may carry out business in accordance with Section 1. Unless otherwise prohibited by law or any convention or treaty signed by the Republic of China, if the contract amount for government public construction project exceeds 1 billion dollars, it shall perform the contracting project together with a domestic general constructor.
Article 70
Upon acceptance of application for examination, granting, renewal, or alteration of construction enterprise registration certificates and projects contracting manuals, the central competent authority may charge the examination fee, certificate & license fee, and the cost of production; and the charge standards shall be determined by the central competent authority.
Article 71
The formats of the registration certificates, projects contracting manual as well as other letters and forms shall be determined by the central competent authority.
Article 72
The enforcement rules for this Act will be enacted by the central competent authority.
Article 73
This Act will take effect since it is promulgated unless the date of enforcement is otherwise prescribed.