工程技術顧問公司管理條例施行細則

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).

The term “has undertaken domestic and 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.

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

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.

When a professional engineering consulting firm applies for incorporation, or permission for a change, or registration certificate and 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 practicing professional engineer(s) in accordance with Article 8, Paragraph 1; Article 14, Paragraph 1; Article 15, Paragraph 1 of the Act and the preceding Article, the firm may handle through electronic systems. The transmission format and computer databases shall be designated by the competent authority.

1The registration certificate for professional engineering consulting firm shall bear the following particulars:

21. Name and location of the firm.

32. The firm’s Unified Business Number.

43. The name of the chairperson or the statutory representative.

54. The chairperson or the statutory representative’s National ID Card numbers or resident permit Numbers.

65. Business scope.

76. Date of issue and the file number of the registration certificate.

1When 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 perspective practicing professional engineers to be hired shall be accompanied with photocopies of their professional engineer licenses. A perspective practicing 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 their professional engineer certificate and originals of the documents affordable to identify service years of their engineering experiences related branches 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.

2The practicing 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 their corresponding engineering experiences.

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$2,000,000,000 minimum in accumulation over the past five years, with a photocopy of each.

1Where 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 surrender promptly the found certificate to the competent authority for nullification.

2Where 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.

1The term “on an exclusive (full-time) basis” as set forth in Article 13 of the Act denotes that the practicing professional engineer shall practice in the professional engineering consulting firm or outside the firm under the domination of the firm and is paid on a full-time basis throughout the business hours of the firm. The term “on a continual basis” denotes that the practicing professional engineer shall serve in the professional consulting firm on a continual basis and shall not be a temporary, short-term, seasonal or specific worker.

2The practicing professional engineer set forth in Article 13 of the Act shall only practice the technological services set forth in Article 3 and Article 4 of the Act in the name of the firm they serve.

3A part-time non-engineer-related business or duty outside the professional engineering consulting firm served by the practicing professional engineer shall not conflict with the business of the firm. The business or duty served during the firm business hours should be approved by the firm, except for the part-time business or duty of professional engineer associations.

4Where the professional engineering consulting firm approves the business or duty according to the preceding Paragraph, it shall not violate Article 13 of the Act.

5The business practiced by the practicing professional engineer in Paragraph 2 shall be completed by themselves or under their supervision. When work involves site operations, the practicing professional engineer shall conduct inspections at the work site in person. The relevant drawings and documents shall be signed personally and be further affixed with their practice seals after inspections.

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

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

1The 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:

21. Fundamental particulars of the firm: including the name, location, Unified Business Number, capital of the firm, number and name list of employees, the file number of the registration certificate for professional engineering consulting firm, branches of the registered business scope, name of the chairperson or statutory representative.

32. Roster of practicing professional engineers.

43. Change(s) taking place during the year.

54. 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 practicing professional engineers participating in the services, the architect office in concert and other contractors or subcontractors, summary of contents of services.

65. Budgeting and expenditures for research and development, and talent cultivation.

76. Other particulars required by the competent authority.

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The criteria of the budgeting for research and development and talent cultivation 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.

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