This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.
Notice on Issuing the Registration-Based Management Measures for Hong Kong and Macao Construction and Related Engineering Consulting Enterprises and Professionals in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
(No. 137 [2024] of the Urban Planning and Construction Bureau of the Guangdong-Macao In-Depth Cooperation Zone)
All relevant departments,
TheRegistration-Based Management Measures for Hong Kong and Macao Construction and Related Engineering Consulting Enterprises and Professionals in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin have been approved by the Executive Committee of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin and are hereby issued for your diligent implementation. Should you encounter any problems during the implementation, please promptly report them to the Urban Planning and Construction Bureau of the Cooperation Zone.
Urban Planning and Construction Bureau
of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
July 8, 2024
Normative DocumentNo. 6/2024 of the Urban Planning and Construction Bureau
Registration-Based Management Measures for Hong Kong and Macao Construction and Related Engineering Consulting Enterprises and Professionals in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin
Article 1.
Purpose
In accordance with relevant laws, regulations, and rules, and taking into account the specific circumstances of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), these Measures are formulated to implement the Master Plan for the Construction of Guangdong-Macao In-Depth Cooperation Zone in Hengqin and the Regulations on Promoting the Development of the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, to promote the implementation of the Regulations on the Recognition of Qualifications of Hong Kong and Macao Construction and Related Engineering Consulting Enterprises and Professionals in the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Recognition Regulations”), and to support construction and related engineering consulting enterprises and professionals from Hong Kong Special Administrative Region and Macao Special Administrative Region (hereinafter referred to as “Hong Kong” and “Macao” respectively) in carrying out regulated business activities in the Cooperation Zone.
Article 2.
Scope of Application
These Measures apply to the registration-based filing and related management activities of enterprises with construction and related engineering consulting qualifications from Hong Kong and Macao (hereinafter referred to as “Hong Kong and Macao enterprises”) and professionals with relevant qualifications (hereinafter referred to as “Hong Kong and Macao professionals”) in the Cooperation Zone.
Article 3.
Definition
For the purposes of these Measures, the following terms are defined as follows:
(1) “Hong Kong and Macao Construction Enterprises” refer to construction enterprises that are commercially registered in Macao or Hong Kong and have been in continuous operation for five years or more. These Hong Kong/Macao construction enterprises must either be registered under the category of “construction contractors” with the Land and Urban Construction Bureau of the Macao Special Administrative Region, or be included in the “List of Approved Contractors for Public Works”, or the “List of Approved Suppliers of Materials and Specialist Contractors for Public Works” by the Development Bureau of the Government of the Hong Kong Special Administrative Region, or be recognized as “Registered Construction Contractors” with the Buildings Department of Hong Kong. Enterprises that meet the relevant requirements under these Measures are eligible for qualification recognition equivalent to that of mainland construction enterprises (see Attachment 1-1);
(2) “Hong Kong and Macao Survey and Design Enterprises” refer to those enterprises commercially registered in Macao or Hong Kong and which have been in continuous operation for two years or more. These enterprises must either be listed under the “planning” category with the Land and Urban Construction Bureau of the Macao Special Administrative Region, or be registered with a legal society or association in Hong Kong as consulting or design enterprises. Enterprises that meet the relevant requirements under these Measures are eligible for qualification recognition equivalent to that of mainland survey and design enterprises (see Attachments 1-2, 1-4);
(3) “Hong Kong and Macao Supervision Enterprises” refer to such enterprises that are commercially registered in Macao or Hong Kong and have been in continuous operation for two years or more. These enterprises must be registered under the category of “construction supervision” with the Land and Urban Construction Bureau of the Macao Special Administrative Region, or registered as consulting enterprises with a legal society or association in Hong Kong. Enterprises that comply with these Measures are eligible for qualification recognition equivalent to that of mainland construction supervision enterprises (see Attachment 1-3);
(4) “Macao Construction and Related Engineering Consulting Professionals” refer to individuals who have obtained professional qualifications recognized and registered by the Council of Architecture, Engineering and Urbanism of Macao, and who are also registered as technicians with the Land and Urban Construction Bureau of the Macao Special Administrative Region. Professionals meeting the relevant registration-based filing requirements are eligible for professional qualification recognition equivalent to the relevant (or similar) professional qualifications in the Chinese mainland (see Attachment 2-1);
(5) “Hong Kong Construction and Related Engineering Consulting Professionals” refer to individuals who are registered with the relevant registration authority or registration board of the Hong Kong Special Administrative Region, or who are authorized signatories for registered contractors. Professionals who meet the relevant registration-based filing requirements are eligible for professional qualification recognition equivalent to the relevant (or similar) professional qualifications in the Chinese mainland (see Attachment 2-2);
(6) The terms “at least”, “not exceeding”, “no less than”, and “highest” all include the stated value.
Article 4.
Registration Requirements
Hong Kong and Macao enterprises and professionals applying for registration must comply with the relevant requirements under the Recognition Regulations.
Hong Kong and Macao professionals applying for registration must have good professional ethics and a clean criminal record.
Hong Kong and Macao enterprises must employ professionals who meet the qualification recognition standards (see Attachment 1) and provide records of projects undertaken in Hong Kong and Macao.
Hong Kong construction and related engineering consulting enterprises and professionals that have already completed registration with the Department of Housing and Urban-Rural Development of Guangdong Province are exempt from duplicate registration.
Article 5.
Implementation Authority
The Urban Planning and Construction Bureau of the Cooperation Zone (hereinafter referred to as the “Urban Planning and Construction Bureau”) is responsible for the implementation of these Measures, including the registration-based filing and management of Hong Kong and Macao enterprises and professionals.
Article 6.
Registration Procedure
Hong Kong and Macao enterprises and professionals shall complete the entire registration process online through the web page designated by the Urban Planning and Construction Bureau. The registration procedure is as follows:
(1) Application: Hong Kong and Macao enterprises and professionals shall submit application materials as required in the attachments to these Measures (Attachments 3, 4, and 5), including Chinese translations of relevant materials. The applicants are responsible for the authenticity and legality of the submitted materials;
(2) Acceptance: The Urban Planning and Construction Bureau shall review the application materials for acceptance. Applications that meet the registration conditions and are complete with documentation shall be accepted; those that do not meet the conditions shall be rejected. If the materials are incomplete, the Urban Planning and Construction Bureau will inform the applicant of all required additional materials at once. The applicant shall provide the additional materials within ten working days; failure to do so within the specified period shall be deemed as abandonment of the application;
(3) Public Announcement: Upon preliminary review and confirmation that the registration criteria have been met, the Urban Planning and Construction Bureau will publish the list of proposed applicants on the official Cooperation Zone website for no less than five working days. During this period, any organization or individual may raise objections to the Urban Planning and Construction Bureau in writing, via email, or by phone, and Urban Planning and Construction Bureau shall conduct the necessary verification;
(4) Issuance of Certificates: If no objections are raised during the announcement period, or if any objections are found to be unsubstantiated upon investigation, the registration shall be approved in accordance with regulations, and the list of registered entities or individuals shall be published on the Cooperation Zone’s government affairs website.
Except as provided in the fourth paragraph of Article 4, Hong Kong and Macao enterprises and professionals that have not been registered with and publically announced by the Urban Planning and Construction Bureau shall not directly provide services within the Cooperation Zone.
Article 7.
Validity Period of Registration
The validity of the registration shall align with the validity period of the original Hong Kong or Macao professional registration. For renewal, the applicant shall submit an application form (Attachments 4, 5) no later than ninety days before the expiration of the registration period.
Registrations for which renewal procedures are not completed by the expiration date shall automatically be rendered invalid.
Article 8.
Changes to Registration
When there are changes to the information and materials submitted at the time of registration, registered Hong Kong and Macao enterprises and professionals shall notify the Urban Planning and Construction Bureau in writing (Attachments 6, 7) within thirty days from the date of the change.
Failure to notify within the specified period shall result in the automatic invalidation of the original registration.
Article 9.
Cancellation of Registration
Hong Kong and Macao enterprises and professionals may apply to the Urban Planning and Construction Bureau to cancel their registration based on their actual business circumstances. The Urban Planning and Construction Bureau will cancel the registration if the conditions are met.
Article 10.
Rectification Period
Registered Hong Kong and Macao enterprises and professionals must continuously comply with the requirements and conditions set forth in the Recognition Regulations and these Measures throughout the validity period of their registration. If they no longer meet the corresponding requirements and conditions, the Urban Planning and Construction Bureau will order rectification within a specified period and publicly announce the matter. The maximum rectification period shall not exceed three months.
During the rectification period, enterprises shall not apply for business upgrades, additions, or renewals in the Cooperation Zone, nor shall these enterprises undertake new projects.
During the rectification period, individuals shall not provide services directly to projects in the Cooperation Zone under the capacity of registered professionals.
If the registration requirements and conditions are still not met after the rectification period, the Urban Planning and Construction Bureau may revoke the registration and make a public announcement.
Article 11.
Revocation of Registration
If a Hong Kong or Macao enterprise engages in activities that violate the laws, regulations, or rules of the Chinese mainland, leading to a penalty that results in a downgrade of its qualification, the Urban Planning and Construction Bureau will revoke its registration and will not accept any new registration applications from the enterprise for a period of one year. In the event that a penalty leads to the revocation of its qualification certificate, the Urban Planning and Construction Bureau shall revoke the registration and will not accept any registration applications from the enterprise for a period of three years.
If a Hong Kong or Macao professional’s practice violates the laws, regulations, or rules of the Chinese mainland, and the individual’s professional qualification certificate is revoked as prescribed by law, the Urban Planning and Construction Bureau will revoke the individual’s registration and will not accept any new registration applications from that individual for a period of five years. If the person’s conduct results in a major safety accident, the individual shall be permanently barred from registration.
Article 12.
Supervision and Administration
Registered Hong Kong and Macao enterprises and professionals shall provide services within the scope specified in their registration. Their project records and experience in Hong Kong and Macao shall be considered equivalent to those in the Chinese mainland. Moreover, Hong Kong and Macao construction enterprises must also complete safety production registration.
The Urban Planning and Construction Bureau will supervise and manage any illegal or non-compliant behavior of Hong Kong and Macao enterprises and professionals. If such behavior escalates to a level that requires administrative penalties, the Commercial Services Bureau of the Cooperation Zone shall impose administrative penalties in accordance with the law.
The Urban Planning and Construction Bureau shall supervise and manage the business activities of registered Hong Kong and Macao enterprises and professionals in accordance with laws, regulations, rules, and standard specifications in the Chinese mainland. Hong Kong and Macao enterprises and professionals shall support and cooperate fully with this supervision and management.
Hong Kong and Macao enterprises and professionals shall report their business and practice activities in the Cooperation Zone to the Urban Planning and Construction Bureau by December 31 of each year.
Article 13.
Right of Interpretation
The Urban Planning and Construction Bureau of the Cooperation Zone is responsible for interpreting these Measures.
Article 14.
Effective Date and Validity Period
These Measures shall take effect on July 20, 2024, and shall remain valid for five years.
The Implementing Rules for the Provisions on the Recognition of Qualifications of Hong Kong and Macao Construction and Related Engineering Consulting Enterprises and Professionals in Hengqin New Area, Zhuhai Special Economic Zone (for Trial Implement) shall no longer be applicable from the same date.