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Construction Law of the Peoples Republic of China (1)

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eriod of non-start of work due to certain
reasons exceeds six months, the constructors shall re-go through the
formalities of approval for work-start reports.
        SECTION II QUALIFICATIONS OF CONSTRUCTORS
Article 12 Construction engineering enterprises, prospecting units,
design units and project supervisory units which engage in construction
activities shall possess the following conditions:
(1) Possession of registered capital that complies with the State
provisions;
(2) Possession of specialized technical personnel with  statutory
professional qualifications consistent with the construction activities
they engage in;
(3) Possession of technologies and equipment that are necessary for
related construction activities.
(4)  Other conditions as stipulated by laws  and  administrative
regulations.
Article 13 Construction engineering enterprises, prospecting units,
design units and project supervisory units are rated into different
classes according to their registered capital, professionals  and
technicians, technical equipment and performance record of completed
construction  projects,  etc. Only when they  pass  qualification
examinations and obtain appropriate qualification certificates may they
engage in construction activities commensurate to the scope of their
qualification classes.
Article 14 Specialized technical personnel engaging in construction
activities shall attain the relevant certificates of professional
qualification and conduct building activities within the scope of their
certificates of professional qualifications.
CHAPTER III CONTRACT AWARDING AND CONTRACTING OF CONSTRUCTION PROJECTS
            SECTION I GENERAL RULES
Article 15 Contract awarding units and contractors for construction
projects shall conclude written covenants, specifying the rights and
obligations of each party.
Contract awarding units and contractors should fully fulfill their
contractual obligations. Failure to fulfill contractual obligations is
subject to contract-breach responsibilities under the laws.
Article 16 The tendering and bidding activities for contracting of
construction projects shall follow the principle of openness, justice
and equal competition, and contractors should be selected based on their
merits.
Tendering of and bidding for construction projects which is not covered
by this law shall follow the relevant laws on tendering and bidding.
Article 17 Contract awarding units and their staff shall not take
bribery, commissions or seek other benefits in the process of contract
awarding for construction projects.
Contractors and staff members thereof shall not undertake projects
through illegitimate means such as offering bribes, commissions or other
benefits to the units contract

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