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Chapter Law Content

Title: Professional Engineers Act CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter Three Business Operation and Responsibilities
Article 13
A professional engineer may be entrusted to perform engineering services within his/her engineering branch as planning, design, construction supervision, research, analysis, test, evaluation, appraisal, construction, manufacture, maintenance, inspection, project management and other related engineering services.
The scopes of practice of various engineering branches shall be prescribed jointly by the central competent authority and the authorities in charge of the relevant industries.
The system for professional engineer certification shall be enforced for certain specified engineering branches or technical service categories in an effort to upgrade the quality of technical services or safeguard public health and safety. The regulation for certification shall be prescribed by the central competent authority in concert with the authorities in charge of the relevant industries.
Where the professional engineer certification set forth in Paragraph 1 is to be implemented in accordance with other laws by the government entities, a public business institution, or a public entity on its own, such matters may be undertaken by their internal personnel having duly obtained professional engineer certificates of respective engineering branches.
Article 14
A professional engineer shall not turn down an order for the professional practice designated to perform public safety, disaster prevention and response actions during disaster, and recovery after disaster by a government entity unless backed by justifiable reasons.
Professional fee shall be paid by the government entities for an order placed under the preceding Paragraph.
Article 15
A professional engineer, while in professional practice, shall provide profession registry book to record technical service, where the service is performed, the names or titles of clients, addresses of clients, progress of services and duration in detail.
Article 16
All drawings and documents produced by professional engineers in practice shall be signed personally by the professional engineers and be further affixed with their practice seal. When different branches of engineering are involved in the professional practices, the documents shall be produced by professional engineers of corresponding branches and the scope of their respective responsibilities shall be specified.
A professional engineer shall conduct certification in person and shall provide certification only for the works that are completed by himself/herself or under his/her supervision. When work involves site operations, the professional engineer shall conduct inspections at the work site in person.
A professional engineer, when conducting certification, shall submit certification report and keep a record of the certification process. The report and record, along with all the relevant data and documents, shall be compiled into worksheets.
Article 17
In the event that a professional engineer’s client or a business entity where the engineer practices changes the finalized project without permission and defies warnings during the project or after it is carried out and could consequently cause danger, the professional engineer shall report the fact honestly to the local competent authority.
Article 18
A professional engineer in professional practice shall not concurrently serve as a government employee.
Article 19
A professional engineer shall not:
1. Allow anyone to borrow his/her name to provide services or solicit business.
2. Breach or neglect obliged liabilities on consigned duties.
3. Breach laws or regulations related to engineering practice while in practice.
4. Provide unprofessional or false reports or affidavits when conducting an appraisal.
5. Reveal secrets or confidential information obtained from work without a justifiable reason.
6. Receive unlawful interests or solicit business by unjustifiable means when conducting professional practice.
Provision under preceding Subparagraph 5 remains applicable after the professional practice is discontinued.
Article 20
Unless otherwise regulated by laws, a professional engineer, while in professional practice, shall not go beyond the business scope specified on the professional engineer license.
Article 21
A professional engineer suspended from the profession in penalty shall not engage in the professional practice during the suspension.
Article 22
A professional engineer, while in professional practice, shall accept professional training programs as required by the competent authority.
Article 23
The central competent authority and the authorities in charge of the relevant industries, for supervision on professional engineer’s practice, is entitled to conduct a business audit to inspect professional engineer’s business or order them to submit reports, provide verified documents of professional practice, account reports and other relevant data. The professional engineers shall not reject.
The conduction of business audit in the preceding Paragraph may be consigned to professional institutions or entities.
A professional engineer with professional engineer license under Subparagraph 1 or Subparagraph 3, Paragraph 1, Article 7, shall submit the annual business report to the central competent authority for recordation within six months from the day next to the closure of a fiscal year.
The annual business report mentioned in the preceding paragraph may be handle through electronic systems. The transmission format and computerized databases shall be designated by the central competent authority. The professional engineer shall make correction of errors promptly, if any, on the contents of the transmitted data.