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Provisional Regulations of the Beijing Municipal P
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1988.01.01
BEIJING MUNICIPALITY
 PROVISIONAL  REGULATIONS OF THE BEIJING MUNICIPAL PEOPLE'S GOVERNMENT
ON THE CONTROL OF CONSTRUCTION FOREIGN CONSTRUCTION ENTERPRISES
 (Promulgated 3 December 1987 by the Beijing Municipal People's
Government)
 These  Regulations  are  formulated  to strengthen control over
construction  projects   contracted  to  foreign  construction
enterprises  and to promote economic and technological co-operation
and exchange among Chinese and foreign construction operations.
 (1)  All  foreign construction enterprises (hereinafter referred
to  as foreign  enterprises)  which undertake contracts within the
administrative area  of Beijing Municipality for construction projects
such as construction of  buildings,  fitting  of room interiors,
installation of equipment or the construction  of  municipal works,
or  which  co-operate  with  domestic enterprises to contract for
projects  shall  be  subject  to  control in accordance with these
Regulations.
  (2)  Scope  of  construction  projects  for  which  a foreign
enterprise may contract:
(i) a project with total foreign investment or donated funds;
 (ii) a project with Sino-foreign joint equity investment which
would present  technical  difficulties  to a domestic enterprise if
undertaken by itself;
 (iii) part of a project constructed with domestic investment which
would present  technical  difficulties  to a domestic enterprise if
undertaken by itself.
 (3) Where a construction unit invites foreign enterprises to contract
for a construction  project, it shall first present an approval
certificate issued by  the higher level organ in charge to the
Municipal Urban and Rural Construction  Commission  (hereinafter
referred   to  as  the  Municipal Construction  Commission)for
examination  and approval and only then may it engage or invite
tenders  from  foreign parties. If inviting tenders, the matter may
be  handled with reference to the provisions of the Provisional
Regulations  of  Beijing  Municipality  on the Control of the
Invitation and Submission of Tenders for Construction of Building
Projects.
 (4) Following approval to allow a foreign enterprise to tender
for a construction  project,  the  contract issuing unit shall
examine  the qualification  of  the foreign enterprise which it has
engaged or which has participated in the tender submission and shall
report  the details to the Municipal Construction Commission for
ratification.
  When  reporting  such  details  to the Municipal Construction
Commission for ratification,  the  contract  issuing  unit shall
present  documents and information on the circumstances of the foreign
enterprise as follows;
 (i)  legal  business  certificate issued by the government of the
respective country of the foreign enterprise;
 (ii)  recent  balance sheet and a certificate of credit-worthiness
issued by a financial institution;
 (iii)  name,  scale,  construction site, duration of construction
period and quality of major projects previously constructed under
contract;
(iv) technical force and construction equipment available;
 (v)  curriculum  vitae  of  the legal representative, technical
personnel in charge and the proposed on-site personnel in charge.
 (5)  If a foreign enterprise accepts an engagement or contract
from a contract issuing unit, it shall obtain a Project Contracting
Licence for Foreign Construction Enterprises (hereinafter referred
to as a Licence) from the Municipal Construction Commission and the
contract issuing unit shall  submit  the initialled contract to
the  Municipal  Construction. Installation  and  Public  Works
Project  Budget  Auditing  Office  for examination of the budgeted
construction costs for the project.
 (6)  A contract for the construction of a project shall be submitted
to the Beijing Commission for Foreign Economic Relations and Trade for
examination and  approval in accordance with State provisions on
jurisdiction  for  examination  and  approval  of foreign related
economic  contracts  (a  foreign investment  construction  project
approved by the State Department in charge of  Foreign Economic
Relations and Trade shall still have its contract for construction
contracting  examined  and  approved by the original approving
department),   and  the  foreign  enterprise  shall  carry  out
enterprise registration  procedures  with  the State or Municipal
Administration for Industry and Commerce and shall obtain a Project
Contracting  Registration Certificate  for  Foreign  Enterprises
(hereinafter  referred  to  as  a Registration  Certificate)  in
a

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