Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Construction and Related Engineering Services
Relevant Mainland Rules and Regulations
Rules and regulations promulgated by the Mainland authorities relating to the implementation of commitments under CEPA :
Foreign-invested Construction Enterprises
- According to the "Notice of the Ministry of Housing and Urban-Rural Development and the Ministry of Commerce on Abolishing the Regulations on Administration of Foreign-invested Construction Enterprises and Other Rules" (Decree of the Ministry of Construction and the Ministry of Commerce No. 49 - Jan 2020) (in Chinese only), the Mainland has cancelled restrictions to foreign-invested construction enterprises including that on the scope of projects in the Mainland. Construction enterprises in the Mainland set up and invested by Hong Kong Service Suppliers (HKSS) are not restricted by investment ratios when undertaking Sino-foreign joint construction projects; enterprises which have acquired the construction qualification are permitted to bid for construction projects in accordance with laws in the Mainland.
- For details, please refer to:
- "Notice Concerning Certain Support Measures to Deepen Reforms and Innovations in the Pilot Free Trade Zones" (Circular of the State Council No. 38 - Nov 2018) (in Chinese only) (in Chinese only)
- "Notice on Implementing the Measures Relating to 'Notice Concerning Certain Support Measures to Deepen Reforms and Innovations in the Pilot Free Trade Zones'" (Circular of the Ministry of Housing and Urban-Rural Development No. 10 - Jan 2019) (in Chinese only)
- "Notice of the Ministry of Housing and Urban-Rural Development and the Ministry of Commerce on Abolishing the Regulations on Administration of Foreign-invested Construction Enterprises and Other Rules" (Decree of the Ministry of Construction and the Ministry of Commerce No. 49 - Jan 2020) (in Chinese only)
Qualification of Construction Enterprises
- According to the "Notice Concerning the Implementation of Supplement to the Mainland and Hong Kong Closer Economic Partnership Arrangement" (Circular of the Ministry of Construction No. 20 - Feb 2005) (in Chinese only), when HKSS set up construction enterprises in the Mainland, their construction contract performances both in the Mainland and outside the Mainland are taken into account in assessing their qualification of setting up construction enterprises in the Mainland.
- For details about applying for the Qualification of Construction Enterprises, please refer to:
- "Administrative Provisions on the Qualification of Construction Enterprises" (Decree of the Ministry of Housing and Urban-Rural Development No. 22 - Jan 2015) (in Chinese only)
- "Implementation of the Administration Provisions on Qualification Management and Qualification Standard of Construction Enterprises" (Circular of the Ministry of Housing and Urban-Rural Development No. 20 - Feb 2015) (in Chinese only)
- "Notice on the Qualification Administration of Construction Enterprises" (Circular of the Ministry of Housing and Urban-Rural Development No. 154 - Oct 2015) (in Chinese only)
- "Notice of the Ministry of Housing and Urban-Rural Development on Simplifying Selected Indicators of the 'Qualification Standard of Construction Enterprises' " (Circular of the Ministry of Construction No. 226 - Oct 2016) (in Chinese only)
- "Decision of the Ministry of Housing and Urban-Rural Development on Amending the 'Administrative Provisions on the Qualification of Construction Enterprises' and Other Departmental Rules" (Decree of the Ministry of Housing and Urban-Rural Development No. 45 - Dec 2018) (in Chinese only)
- "Notice of the Ministry of Housing and Urban-Rural Development on Amending the 'Implementation of the Administration Provisions on Qualification Management and Qualification Standard of Construction Enterprises'" (Circular of the Ministry of Housing and Urban-Rural Development No. 1 - Jan 2020) (in Chinese only)
- "Implementation Measures Regarding Qualification Administration in the Regulations on Administration of Foreign-invested Construction Enterprises" (Circular of the Ministry of Construction No. 73 - Apr 2003) (in Chinese only)
- "Notice Concerning the Implementation of Supplement to the Mainland and Hong Kong Closer Economic Partnership Arrangement" (Circular of the Ministry of Construction No. 20 - Feb 2005) (in Chinese only)
- "Notice Concerning the Superior Qualification Standard of Construction Enterprises" (Circular of the Ministry of Construction No. 72 - Mar 2007) (in Chinese only)
- "Notice Concerning the Qualification Standard of Construction Enterprises" (Circular of the Ministry of Housing and Urban-Rural Development No. 159 - Nov 2014) (in Chinese only)
- "The Qualification Standard of Construction Enterprises" (in Chinese only)
For other details, please refer to :
- "Circular on Deepening the Reform of 'Separating Operating Permits and Business Licenses' to Further Boost the Vitality of Market Entities for Development" (May 2021) (in Chinese only)
- "Notice of the General Office of the Ministry of Housing and Urban Rural Development on Ensuring Smooth Transition for the Reform of 'Separating Operating Permits and Business Licenses' in the Construction Industry" (Jun 2021) (in Chinese only)
Enquiries concerning the application procedures and requirements for the establishment of foreign-invested construction and related engineering enterprises can be directed to :
- The Ministry of Housing and Urban-Rural Development of the People's Republic of China
( Website : http://www.mohurd.gov.cn ) - The Ministry of Commerce of the People's Republic of China
( Website : http://www.mofcom.gov.cn )