Interim Measures on Administration of Services for Hong Kong and Macao Professional Construction Engineering Firms and Professionals

Sui Pu Jian Gui Zi [2021] No 1

Article 1 In order to promote the development of the Guangdong-Hong Kong-Macao Greater Bay Area, further deepen cooperation between Guangdong, Hong Kong and Macao in the construction sector, and introduce the convenient and orderly provision of services in Huangpu district and Guangzhou Development District (hereinafter referred to as "Huangpu district") by professional firms and professionals in the construction engineering sector from the Hong Kong special administrative region and Macao special administrative region (hereinafter referred to as "Hong Kong" and "Macao"), these measures are enacted pursuant to the basic principles of relevant laws and administrative regulations and the provisions of the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area, and in conjunction with the realities of Huangpu district.

Article 2 Professional firms that have obtained construction or relevant engineering qualifications in Hong Kong or Macao (hereinafter referred to as "Hong Kong and Macao firms"), and professionals who have obtained practicing qualifications in Hong Kong and Macao (hereinafter referred to as "Hong Kong and Macao professionals"), may directly provide services to market entities within the scope of Huangpu district if they meet the prescribed requirements and are legally authorized.

Article 3 Administrative affairs regarding Hong Kong and Macao firms and Hong Kong and Macao professionals in Huangpu district shall be undertaken by district housing and urban-rural development authorities. The District Greater Bay Area Office shall provide due assistance in matters regarding communication and coordination with higher-level competent authorities and other functional departments within the Huangpu district government.

Chapter 1 Definition of Hong Kong and Macao Firms and Professionals

Article 4 Hong Kong and Macao firms directly providing services in Huangpu district should meet the following requirements:

 (1) Be a firm engaging in construction operations or related consulting services such as construction surveying, design, works, supervision, or quantity surveying (excluding those presently disallowed by mainland laws or regulations), which primarily include architectural firms, surveying firms, landscape architectural firms, construction engineering consultancies, and construction firms; or

 (2) Be a consulting or design firm domiciled and registered with proper professional societies (associations) in Hong Kong, a lawfully registered consulting or design firm domiciled in Macao, or a lawfully registered construction firm with business registration in Hong Kong or Macao; and

 (3) Have consecutively engaged in construction and relevant engineering consulting for no less than two years, or, for construction firms, no less than five years;

 (4) Consulting or design firms must have purchased professional liability insurance with an insurance coverage area that includes Huangpu district;

 (5) Construction firms must purchase construction quality insurance that covers its construction projects within Huangpu district before commencing such projects.

Article 5 Hong Kong and Macao professionals directly providing services in Huangpu district should meet the following requirements:

 (1) Be a professional engaging in operations such as construction surveying, design, works, supervision, or quantity surveying (excluding those presently disallowed by mainland laws or regulations, which primarily include registered architects, registered engineers, registered surveyors, registered surveyors and registered landscape architects from the construction engineering sector in Hong Kong or Macao, Hong Kong authorized persons, authorized signatories of Hong Kong registered contractors, and registered technicians in Macao);

 (2) Be a permanent resident of Hong Kong or Macao;

 (3) Be lawfully and currently registered with the relevant Hong Kong registration boards, Hong Kong SAR government agencies, or Macao SAR government agencies, or registered in the authorized persons' register by the Hong Kong Authorized Persons Registration Committee.

Chapter 2 Requirements for Authorization of Hong Kong and Macao Firms and Professionals

Article 6 Before directly providing services in Huangpu district, Hong Kong and Macao firms or Hong Kong and Macao professionals should apply for authorization from district housing and urban-rural development authorities, and submit corporate documentation as per requirements.

Hong Kong and Macao firms or Hong Kong and Macao professionals not authorized and announced as such by district housing and urban-rural development authorities may not directly provide services in Huangpu district.

Article 7 When applying for authorization, Hong Kong firms should submit the following documentation:

(1) Application form for Hong Kong firms (see Annex 2-1);

(2) List of employees in Huangpu district (see Annex 3);

(3) Documentation notarized by a public notary institution in mainland China, which should include the following:

1. Business registration documentation issued by the Hong Kong Inland Revenue Department;

2. Registration documentation for registered contractors issued by the Hong Kong Buildings Department (for construction firms), and registration documentation issued by legitimate Hong Kong professional societies (associations) (for consulting and design firms);

3. A summary of their track record (see Annexes 4-1 and 4-2).

(4) A letter of authorization for the application (see Annex 5);

(5) Professional liability insurance documentation (applicable to firms providing consulting or design services);

(6) Construction quality insurance documentation (applicable to firms providing construction services). 

Article 8 When applying for authorization, Macao firms should submit the following documentation:

(1) Application form for Macao firms (see Annex 2-2);

(2) List of employees in Huangpu district (see Annex 3);

(3) Documentation notarized by a public notary institution in Chinese mainland, which should include the following:

1. Business registration documentation issued by the Commerce and Movable Property Registry of Macao;

2. Registration documentation issued by the Land, Public Works and Transport Bureau of Macao;

3. A summary of their track record (see Annexes 4-1 and 4-2).

(4) A letter of authorization for the application (see Annex 5);

(5) Professional liability insurance documentation (applicable to firms providing consulting or design services);

(6) Construction quality insurance documentation (applicable to firms providing construction services).

Article 9 When applying for authorization, Hong Kong professionals should submit the following documentation:

(1) Application form for Hong Kong professionals (see Annex 6-1);

(2) Photocopy of Hong Kong permanent resident identity document (front and back; affixed with company seal);

(3) Relevant registration documentation for Hong Kong professionals;

1. Hong Kong architects, engineers, surveyors and landscape architects are required to submit photocopies of registration documentation issued by the relevant registration board, affixed with the company seal;

2. In addition to the photocopies of registration documentation required in 8.3.1, Hong Kong authorized persons are required to provide their registration number and registration expiry date in the application form for verification purposes.

3. Authorized signatories of Hong Kong registered contractors are required to provide their registration number and register type in the application form for verification purposes.

 (4) Curriculum vitae (including educational background, relevant work experience in Hong Kong or Macao, their employers, dates of employment, and job titles), which must be signed by the applicant;

 (5) Photocopies of the employment contract between the applicant and the employer, or other valid employment documentation, affixed with the company seal;

 (6) One-inch ID photo (taken within the last 6 months, full frontal view with no headwear, and white background).

Article 10 When applying for authorization, Macao professionals should submit the following documentation:

(1) Application form for Macao professionals (see Annex 6-2):

(2) Photocopy of Macao permanent resident identity document (front and back; affixed with company seal);

(3) Photocopy of professional certification issued by the Architecture, Engineering and Urban Planning Committee of Macao, affixed with the company seal;

(4) Photocopy of practicing registration certificates issued by the Land, Public Works and Transport Bureau of Macao (excluding Macao environmental engineers), affixed with the company seal;

(5) Curriculum vitae (including educational background, relevant work experience in Hong Kong or Macao, their employers, dates of hire, and job titles), which must be signed by the applicant;

(6) Photocopies of the employment contract between the applicant and the employer, or other valid employment documentation, affixed with the company seal;

(7) One-inch ID photo (taken within the last six months, full frontal view with no headwear, and white background).

Article 11 Upon receipt of application documentation submitted by Hong Kong and Macao firms and professionals, district housing and urban-rural development authorities should decide within five working days if the applicant's documents are to be accepted. Applicants whose documents are accepted should be announced on Huangpu district's portal website. A statement of authorization will be issued if there are no objections during the announcement period. Reasons should be provided if authorization is withheld.

Applications may be accepted on a conditional basis if an applicant fails to provide non-essential documentation. If required documentation is supplemented within the prescribed time limit, district housing and urban-rural development authorities shall decide whether to grant authorization based on the supplemented documentation.

Article 12 Hong Kong and Macao firms and professionals should ensure that their Hong Kong and Macao practicing registration is valid throughout the validity of their authorization, failing which their authorization will automatically be invalidated. Hong Kong and Macao firms and professionals should file a renewal application with district housing and urban-rural development authorities no more than 30 days of the expiry date. In the event of changes to information or documentation submitted when applying for authorization, Hong Kong and Macao firms and professionals should notify district housing and urban-rural development authorities within 30 days of the date of such changes, failing which the granted authorization shall be automatically invalidated.   

Article 13 Authorized Hong Kong and Macao firms and professionals are required to submit an application using the prescribed forms (see Annex 7) in the event of changes in their information or renewals of their authorization. Notarized documentation on their track record should be provided if the application involves a broader scope of authorization.

Chapter 3 Scope of Services for Hong Kong and Macao Firms and Professionals

Article 14 When Hong Kong and Macao firms bid for projects in Huangpu district, their qualifications and bidding eligibility should be recognized in accordance with the List of Equivalent Bidding Qualifications for Hong Kong and Macao Professional Construction Engineering Firms Directly Providing Services (see Annex 1-1). The project scale and technical indicators of their proven track record in Hong Kong or Macao may not be exceeded.

Article 15 When Hong Kong and Macao firms bid for projects in Huangpu district, relevant market entities in the district may, in accordance with the bidding qualifications applicable to Hong Kong and Macao firms for "direct provision of services", commission such firms based on their proven track record, and conduct performance and equivalent experience assessments.

Article 16 When bidding for projects, authorized Hong Kong and Macao construction firms should have obtained documentation relating to safe construction recognized by district housing and urban-rural development authorities that are within the period of validity. 

Article 17 The registered practicing qualifications of Hong Kong and Macao professionals directly providing services in Huangpu district should be authorized based on their register type and practicing scope in Hong Kong or Macao. The specific scope of practice of Hong Kong and Macao professionals should be recognized based on the List of Equivalent Practicing Qualifications for Hong Kong and Macao Construction Engineering Professionals Directly Providing Services (see Annex 1-2).

Chapter 4 Rules for the Provision of Services by Hong Kong and Macao Firms and Professionals

Article 18 When directly providing services for market entities in Huangpu district, authorized Hong Kong and Macao firms and professionals should comply with mandatory mainland rules on qualifications in areas such as planning, surveying and mapping. Hong Kong and Macao firms should ensure that their persons in charge stationed in Huangpu district are permanent residents of Hong Kong or Macao.

Article 19 When directly providing professional services for construction projects, authorized Hong Kong and Macao firms and professionals should comply with mainland technical standards and norms, as well as abide by the relevant provisions of mainland laws, statutes and rules, excluding those on industry access and management of qualifications.

Article 20 When directly providing services in Huangpu district, Hong Kong and Macao professionals should be a member of a Hong Kong or Macao firm that has been authorized by Huangpu District or a mainland firm with equivalent qualifications.

When Hong Kong and Macao professionals provide professional services that require a mainland practitioner's seal, the relevant drawings and documentation should be signed by the Hong Kong or Macao professional and affixed with the company seal of his or her firm. Relevant district administrative authorities should recognize such documentation and complete relevant approval procedures in accordance with the law.

Article 21 When undertaking projects in Huangpu district, Hong Kong and Macao firms providing design, consulting or supervision services are required to purchase professional liability insurance that will cover claims in Huangpu district, or make a commitment to purchase the necessary professional liability insurance within the first two months of undertaking the project.

When undertaking projects in Huangpu district, Hong Kong and Macao construction firms providing construction services should provide construction accident insurance, work injury insurance and production safety liability insurance for managers and workers working at the construction site in accordance with the requirements of mainland laws, statutes and departmental rules. These firms are also required to provide a banker's guarantee meeting the requirements of the construction contract, or purchase construction quality insurance that covers claims in Huangpu District and the project's construction period and warranty period.

For construction projects that hire Hong Kong and Macao firms to provide surveying, design, works, supervision, quantity surveying, or consulting services, the project developer must purchase construction quality inherent defects insurance (IDI). 

Article 22 Hong Kong and Macao construction firms should issue a commitment that all personnel participating in construction at the construction site or project location have completed relevant construction safety courses and passed the examinations. 

Personnel who have obtained the Hong Kong Certificate of Mandatory Basic Safety Training for Construction Industry or the Macao Occupational Safety Card for the Construction Industry should complete relevant construction safety courses as required.

Chapter 5 Oversight of the Provision of Services by Hong Kong and Macao Firms and Professionals

Article 23 District housing and urban-rural development authorities should conduct oversight of the provision of services by authorized Hong Kong and Macao firms and professionals in accordance with the provisions of mainland laws, statutes and rules, as well as the requirements of mainland standards and norms. Legal or regulatory violations should be dealt with in accordance with law based on mainland rules for the management of firms and personnel.

Article 24 For Hong Kong and Macao firms and professionals directly providing services in Huangpu district without prior authorization and public announcement by district housing and urban-rural development authorities, or authorized Hong Kong and Macao firms and professionals directly providing services outside of their registered scope of operations, district housing and urban-rural development authorities should deny recognition and deal with them in accordance with the law based on mainland rules for the management of firms and personnel.

Article 25 In the event of legal or regulatory violations by authorized Hong Kong and Macao firms and professionals of a severity whereby reduction in qualification level, revocation of qualification certification or revocation of practicing qualification certification is mandated by the provisions of mainland laws or statutes, district housing and urban-rural development authorities should indicate that their authorization is no longer valid.

Article 26 District housing and urban-rural development authorities shall duly carry out oversight over the provision of services by Hong Kong and Macao firms and professionals. Upon determining the existence of any of the following circumstances, district housing and urban-rural development authorities will not accept an application for authorization from the relevant firm or professional, and will notify the Hong Kong Development Bureau, Hong Kong Buildings Department, Macao Land, Public Works and Transport Bureau, and the relevant registration boards or associations. Those previously authorized should have their authorizations revoked. District housing and urban-rural development authorities shall notify the relevant Hong Kong and Macao firm or professional, and the hiring party, and include relevant entities or persons in Huangpu district's relevant credit record systems.

(1) Subjected to suspension of business operations or other administrative penalties by relevant authorities due to the occurrence of construction quality/safety incidents, or legal/regulatory market violations;

(2) Professional misconduct on the part of professionals;

(3) The withholding of facts or submission of false documentation during applications or renewals of authorization;

(4) Obtainment of business through improper means such as fraud or bribery; 

(5) Arrears in wage payments;

(6) Other violations of law, statutes or relevant rules.

Article 27 Hong Kong and Macao firms and professionals providing services within Huangpu district should support and cooperate with inspections carried out by district housing and urban-rural development authorities, and may not prevent or obstruct inspectors from performing their duties in accordance with the law.

Chapter 6 Supplementary Provisions

Article 28  Hong Kong firms and professionals that have filed for registration in mainland cities in the Guangdong-Hong Kong-Macao Greater Bay Area through the Interim Measures of the Guangdong Provincial Department of Housing and Urban-Rural Development on the Administration of Pilot Practices for Hong Kong Engineering Construction Consulting Enterprises and Professionals in Mainland Cities of the Guangdong-Hong Kong-Macao Greater Bay Area (Yue Jian Gui Fan [2020] No. 1), and whose registrations remain valid, may commence business operations or practice in Huangpu District in accordance with the law. Hong Kong and Macao firms and professionals lawfully registered in Zhuhai's Hengqin New District or Shenzhen's Qianhai Cooperation Zone, and whose registrations remain valid, may submit relevant application documents to district housing and urban-rural development authorities (including all documentation pertaining to applications for renewals and changes). District housing and urban-rural development authorities may, in conjunction with the actual circumstances and in accordance with the provisions of these Interim Measures, approve their applications made in Huangpu district.

Article 29 These Interim measures shall take effect from the date of issuance for a period of three years. In the event of changes in laws, statutes or relevant policies during this period, their provisions shall prevail.

Huangpu district housing and urban-rural development bureau

Guangzhou Development District construction and transportation bureau

June 19, 2021

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