(Adopted at the Twenty-Third Session of the Standing Committee of the Ninth Zhuhai Municipal People’s Congress on September 27, 2019, and amended under the Decision of the Standing Committee of the Tenth Municipal People’s Congress on Amending the Regulations on the Recognition of Qualifications of Hong Kong and Macao Construction and Related Engineering Consulting Enterprises and Professionals in Hengqin New Area of Zhuhai Special Economic Zone, adopted at the Nineteenth Session of the Standing Committee of the Tenth Zhuhai Municipal People’s Congress on December 29, 2023)

Article 1. To advance the construction of the Guangdong-Hong Kong-Macao Greater Bay Area and the Guangdong-Macao In-Depth Cooperation Zone in Hengqin (hereinafter referred to as the “Cooperation Zone”), and to facilitate convenient and orderly provision of services by construction and related engineering consulting enterprises and professionals from the Hong Kong Special Administrative Region and the Macao Special Administrative Region (hereinafter referred to as “Hong Kong” and “Macao” respectively) within the Cooperation Zone, these Regulations are formulated in accordance with the fundamental principles of applicable laws and administrative regulations, pursuant to the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area, 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, and considering the Cooperation Zone’s actual circumstances.

Article 2. Enterprises holding construction and related engineering consulting qualifications in Hong Kong or Macao (hereinafter referred to as “Hong Kong and Macao Enterprises”) and professionals holding relevant practicing qualifications (hereinafter referred to as “Hong Kong and Macao Professionals”) may directly provide services to market entities within the Cooperation Zone, provided they meet specified conditions and complete lawful registration.

Article 3. Hong Kong and Macao Enterprises directly providing services in the Cooperation Zone shall concurrently meet the following conditions:

(1) The enterprises shall be those engaged in construction surveying, design, construction, supervision, and related engineering consulting services, except for those activities that are temporarily prohibited under the laws and regulations of the Chinese mainland, including architectural firms, landscape architecture firms, engineering consulting companies, and construction enterprises;

(2) The enterprises shall satisfy the registration requirements as either a consulting or design enterprise commercially registered in Hong Kong and registered with lawful professional bodies (associations or institutes), or a consulting or design enterprise commercially and lawfully registered in Macao, or a construction enterprise commercially and lawfully registered in Hong Kong or Macao;

(3) The enterprises shall have operated continuously in construction and related engineering consulting in Hong Kong or Macao for at least two years, or at least five years for construction enterprises;

(4) Consulting or design enterprises shall maintain professional liability insurance with claims coverage extending to the Cooperation Zone.

Article 4. Hong Kong and Macao Professionals who directly provide services in the Cooperation Zone shall simultaneously meet the following conditions:

(1) The professionals shall be those engaged in construction surveying, design, construction, supervision, cost engineering, and related activities, except for those activities that are temporarily prohibited under the laws and regulations of the Chinese mainland, including Hong Kong and Macao registered engineers, registered architects, registered surveyors, registered landscape architects, and Hong Kong Authorized Persons;

(2) The professionals shall hold permanent resident status in Hong Kong or Macao;

(3) The professionals shall maintain current and valid registration with relevant registration boards in Hong Kong, competent government institutions in Macao, or the Authorized Persons Registration Committee of Hong Kong (be listed in its Register of Authorized Persons).

The term “Authorized Persons” of Hong Kong as used in the preceding paragraph refers to professionals, including Hong Kong Registered Architects, Registered Professional Engineers in civil and structural engineering, and Registered Surveyors, who have passed examinations administered by the Government of the Hong Kong and are qualified to coordinate construction matters on behalf of clients.

Article 5. Before directly providing services within the Cooperation Zone, Hong Kong and Macao Enterprises and Professionals shall apply for registration with the competent construction department of the Cooperation Zone (hereinafter referred to as the “Construction Authority”) and submit registration materials in accordance with the registration procedures. Such registration procedures shall be separately formulated by the Construction Authority pursuant to relevant national and Guangdong provincial regulations.

Where the registration requirements are satisfied, the Construction Authority shall grant registration and specify the applicant’s scope of business based on the applicant’s registration scope and performance record in Hong Kong or Macao. A registration directory will be published on the official website of the Cooperation Zone.

Hong Kong and Macao Enterprises and Professionals that have not been registered with and announced by the Construction Authority shall not directly provide services in the Cooperation Zone.

Article 6. The validity period of a registration under these Regulations shall be consistent with the validity period of the corresponding practicing qualification held in Hong Kong or Macao. If any information submitted by registered Hong Kong and Macao Enterprises or Professionals at the time of registration changes, they shall notify the Construction Authority within 30 days from the date of such change. Failure to notify within the specified period shall result in automatic invalidation of the approved registration.

Article 7. Registered Hong Kong and Macao Enterprises shall provide services within their registered scope of business. Relevant competent departments of the Cooperation Zone shall recognize such services and process relevant permit procedures accordingly.

Article 8. Hong Kong and Macao Professionals directly providing services within the Cooperation Zone shall be affiliated with either a Hong Kong or Macao Enterprise duly registered in the Cooperation Zone or an enterprise in the Chinese mainland holding corresponding qualifications.

Such registered professionals shall provide services within their registered scope of business. For services requiring a practicing seal of the Chinese mainland, relevant drawings and documents shall be signed by the registered professional and affixed with the company seal of the siad professional’s affiliated enterprise. Relevant competent departments of the Cooperation Zone shall recognize such services and process relevant permit procedures accordingly.

Article 9. Registered Hong Kong and Macao Enterprises and Professionals, when directly providing professional services for construction projects, shall comply with the technical standards and specifications of the Chinese mainland and adhere to the laws, regulations, and rules, excluding those on industry access and qualification management.

Where no explicit national, industry, or local technical standards of the Chinese mainland are applicable, Hong Kong and Macao Enterprises may propose technical solutions based on prevailing Hong Kong and Macao standards, specifications, construction methodologies, or best engineering practices. These solutions may be adopted for construction projects after review and approval by the Construction Authority.

Article 10. Relevant competent departments of the Cooperation Zone shall supervise and manage the professional activities of registered Hong Kong and Macao Enterprises and Professionals in accordance with the laws, regulations, rules, and technical standards of the Chinese mainland.

Article 11. If Hong Kong and Macao Enterprises or Professionals provide services in the Cooperation Zone without being duly registered and published by the Construction Authority, or if such registered entities provide services exceeding their approved scope of business, relevant competent departments of the Cooperation Zone shall not recognize such services and shall impose penalties in accordance with applicable regulations in the Chinese mainland concerning: (a) undertaking projects without requisite qualification certificates; (b) practicing without proper authorization or qualification; or (c) undertaking projects beyond the authorized scope of their qualification grade.

Article 12. If the professional activities of Hong Kong and Macao Enterprises violate the laws, regulations, or rules of the Chinese mainland, and such enterprises are legally liable for a qualification downgrade, the Construction Authority shall revoke their registration and shall not accept their registration applications for one year. If such enterprises are liable for qualification certificate revocation, the Construction Authority shall revoke their registration and shall not accept their registration applications for three years.

If the professional activities of Hong Kong and Macao Professionals violate relevant provisions of the Chinese mainland, and such professionals are legally liable for practicing qualification certificate revocation, the Construction Authority shall revoke their registration and shall not accept their registration applications for five years. If their activities cause a major safety accident, they shall be permanently prohibited from registration.

Article 13. The Construction Authority will publicize information on the professional activities of Hong Kong and Macao Enterprises and Professionals on the Cooperation Zone’s website, and will notify the Development Bureau of Hong Kong, the Land and Urban Construction Bureau of Macao, and relevant industry professional bodies (associations or institutes).

Article 14. These Regulations shall come into effect on December 1, 2019.

This English translation is for reference only. The Chinese version shall prevail in case of any inconsistencies.