Enforcement Rules of the Act Governing the Administration of Professional Engineering Consulting Firms

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0070076

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Article 1


These Enforcement Rules are duly enacted in accordance with Article 43 of the Act Governing the Administration of Professional Engineering Consulting Firms (hereinafter referred to as the Act).


Article 2


The term“has undertaken domestic, overseas engineering technological consultation services in the amount in accumulation over the past five years” as set forth in Article 5, Paragraph 1, Subparagraph 3 of the Act denotes the amount of engineering technological consultation services actually rendered by the foreign firm in domestic or overseas areas in five years in accumulation prior to the date on which the foreign firm applies for the permission of establishment for a professional engineering consulting firm. 


Article 3


When a professional engineering consulting firm registers various categories of the business scope in accordance with Article 5, Paragraph 3 of the Act, if a licensed professional engineer hired by the firm holds a license available to two or more categories defined under Article 4 of the Act, the firm may register the business scope of such different categories simultaneously.


Article 4


In case of a change in the particulars of the permission after a professional engineering consulting firm obtains the permission of establishment for professional engineering consulting firm in accordance with Article 8, Paragraph 1 of the Act before it applies for issuance of the registration certificate for professional engineering consulting firm, it shall apply for permission of the change.


Article 5


When a professional engineering consulting firm applies for incorporation, or permission for a change, or registration certificate, declares for a change in director(s), supervisor(s), shareholder(s) in charge of business operation or representing the firm, or a change in the licensed professional engineer(s) in accordance with Article 8, Paragraph 1; Article 14, Paragraph 1; Article 15, Paragraph 1 of the Act and the preceding paragraph, the firm may handle through electronic systems. The transmission formula and computerized databases shall be designated by the competent authority.


Article 6


The registration certificate for professional engineering consulting firm shall bear the following particulars:
1.Name and location of the firm.
2.The firm’s Corporate Identity Code.
3.The name of the chairperson or the statutory representative.
4.The chairperson or the statutory representative’s ID Card codes or resident permit codes.
5.Business scope
6.Date of issue and registration certificate code. 


Article 7


When an applicant applies for the permission of establishment for professional engineering consulting firm in accordance with Article 9 of the Act, the roster of the will-be licensed professional engineers to be hired shall be accompanied with photocopies of their professional engineer licenses . A will-be licensed professional engineer who has not yet obtained the professional engineer license shall live up to the qualifications for the professional engineer license and shall submit a photocopy of his/her professional engineer certificate and originals of the documents affordable to identify his/her engineering experiences for at least two years . One who has satisfactorily passed the professional engineer screening examination is, nevertheless, exempted from the submission of the documents for the engineering experiences.
The licensed professional engineer mentioned in the preceding paragraph who is satisfactory to the qualification requirements set forth in Article 5, Paragraph 2 of the Act shall submit originals of the documents affordable to identify his/her corresponding engineering experiences.


Article 8


In the term“other documents as required by the competent authority”as set forth in Article 9, Subparagraph 5 of the Act, if in a situation set forth in Article 5, Paragraph 1, Subparagraph 3 of the Act, the supporting certificates to verify that the judicial person has been in business for five years minimum since it was incorporated and has undertaken domestic, overseas engineering consultation services amounting to NT$2 billion minimum in accumulation over the past five years, with a photocopy of each. 


Article 9


Where the registration certificate for professional engineering consulting firm is missing, the firm shall apply for reissue of the certificate by filling out the application form, stating the causes of missing and submitting it to the competent authority. If the missing certificate is found, the firm shall apply to the competent authority for revoking the found certificate. 
Where the registration certificate for professional engineering consulting firm is damaged, the firm shall fill out the application form and submit it along with the damaged certificate to the competent authority for replacement. 


Article 10


The term“on an exclusive (full-time) basis”as set forth in Article 13 of the Act denotes that the licensed professional engineer hired by a professional engineering consulting firm shall serve in the firm or outside the firm under the domination of the firm on a full-time basis throughout the business hours of the firm and is paid for the full-time service. Throughout the employment period, the licensed professional engineer shall not concurrently serve for business or duty outside that firm, except part-time teaching, research, accident site survey, appraisal or other business or duty accredited by the competent authority.


Article 11


The business services undertaken by a professional engineering consulting firm or a licensed professional engineer who has established his/her office in accordance with Article 14, Paragraph 2 of the Act shall conform to the categories of the registered business lines. 


Article 12


A professional engineering consulting firm when applying for a change of the permission in accordance with Article 15 Paragraph 1 shall submit the minutes of the shareholders’ meeting, board of directors’ meeting or agreement of shareholders which bear the contents of the change.


Article 13


The annual business report submitted by a professional engineering consulting firm in accordance with Article 21 of the Act shall bear the contents as enumerated below:
1.Fundamental particulars of the firm: including the name, location, Corporate Identity Code, capital of the firm, number and name list of employees, the file code of the registration certificate for professional engineering consulting firm, categories of the registered business scope, name of the chairperson or statutory representative.
2.Roster of licensed professional engineers.
3.Change(s) taking place during the year.
4.Statistics of cases served during the year: Including names of service cases, names and particulars of clients, amounts of the service contracts and amounts of services accomplished in the year, names of key licensed professional engineers participating in the services, the architect office in concert and other contractors or subcontractors, summary of contents of services.
5.Budgeting for research and development and human resources development as well as expenditures.
6.Other particulars required by the competent authority.
7.Date of issue of the report.
The annual business report mentioned in the preceding paragraph may be conducted in electronic device; the transmission formula and computerized databases shall be designated by the competent authority. The contents of the transmitted data shall be reviewed by the professional engineering consulting firm itself which shall make correction of errors, if any.


Article 14


The criteria of the budgeting for research and development and human resources development as required under Article 23 of the Act shall be calculated based on the turnover received by the firm in engineering technological services in the preceding year.


Article 15


These Enforcement Rules come into enforcement upon the date of promulgation.