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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Construction and Related Engineering Services

Liberalisation Measures under CEPA

The Agreement on Trade in Services covers and consolidates commitments relating to liberalisation of trade in services provided in CEPA and its Supplements and also the Agreement between the Mainland and Hong Kong on Achieving Basic Liberalisation of Trade in Services in Guangdong.  
 
Agreement on Trade in Services
Liberalisation Measures under Cross-border Services (Positive List)
Sectors or
Sub-sectors
  • 3. Construction and Related Engineering Services
  •      CPC511, 512, 5131, 514, 515, 516, 517, 5182
Specific
commitments
  1. For Hong Kong service suppliers setting up construction enterprises in the Mainland, there will be no restriction on the proportion of Hong Kong permanent residents being project managers accredited by the qualification administration authorities.
  2. From the signing date of CEPA Supplement VI and before promulgation of the new "Standards for the Qualifications of Construction Enterprises", the recognition policy of the then-Ministry of Construction for Hong Kong Project Managers concerning the qualification assessment of Hong Kong-invested construction enterprises in the Mainland remains unchanged.  The recognition of Hong Kong Project Managers remains valid for the purpose of qualification administration of such enterprises employing them originally.
  3. After promulgation of the new "Standards for the Qualifications of Construction Enterprises", the originally recognized Hong Kong Project Managers are allowed to continue to act as Project Managers of projects that they contracted or have commenced construction before promulgation of the standards, until completion.
  4. The residency requirement is waived for Hong Kong permanent residents employed as engineering technical staff and economic managerial staff in construction enterprises in the Mainland set up by Hong Kong service suppliers.
  5. To allow contractual service providers employed by Hong Kong service suppliers, in the mode of movement of natural persons, to provide services under this sector or sub-sector in the Mainland.
 
Reserved Restrictive Measures under Commercial Presence (Negative List)
Sector
  • 3. Construction and Related Engineering Services
Sub-sector
    • A. General construction work for buildings (CPC512)
Obligations
concerned
National Treatment
Reserved
Restrictive
Measures
Commercial Presence

Apply national treatment.
 
For clarity and avoidance of doubt, for construction enterprises set up in the Mainland by Hong Kong service suppliers, the performance of the enterprises in works contracts both in the Mainland and outside the Mainland can be taken into account as a basis in assessing the qualification of the construction enterprises set up in the Mainland.  There will be no restriction on the proportion of Hong Kong permanent residents being project managers approved by the qualification administration authorities.
   
Sector
  • 3. Construction and Related Engineering Services
Sub-sector
    • B. General construction work for civil engineering (CPC513)
Obligations
concerned
National Treatment
Reserved
Restrictive
Measures
Commercial Presence
  1. Not to provide construction works, procurement of facilities and equipment, as well as maintenance and management services for waterways, facilities and equipment in relation to national or international rivers and waterways.
  2. Not to provide dredging service in relation to waterway maintenance.
For clarity and avoidance of doubt, for construction enterprises set up in the Mainland by Hong Kong service suppliers, the performance of the enterprises in works contracts both in the Mainland and outside the Mainland can be taken into account as a basis in assessing the qualification of the construction enterprises set up in the Mainland.  There will be no restriction on the proportion of Hong Kong permanent residents being project managers approved by the qualification administration authorities.
   
Sector
  • 3. Construction and Related Engineering Services
Sub-sector
    • C. Installation and assembly work (CPC514,516)
Obligations
concerned
National Treatment
Reserved
Restrictive
Measures
Commercial Presence

Apply national treatment.
   
Sector
  • 3. Construction and Related Engineering Services
Sub-sector
    • D. Building completion and finishing work (CPC517)
Obligations
concerned
National Treatment
Reserved
Restrictive
Measures
Commercial Presence

Apply national treatment.
   
Sector
  • 3. Construction and Related Engineering Services
Sub-sector
    • E. Other (CPC511,515,518)
Obligations
concerned
National Treatment
Reserved
Restrictive
Measures
Commercial Presence

Apply national treatment.

1 Including dredging services relating to infrastructure construction.
2 The coverage is limited only to the rental and leasing services of construction and/or demolition equipment (with operators) which are owned and used by foreign construction enterprises in the course of providing services.