Laws Information

法規資訊
Title: Construction Industry Act
Am Date: 2015-02-04
Legislative History: Articles 3、61 amended by President Order Hua-Tsung (1)-Yi-Tzu No. 10400013431 on Feb 4, 2015

Transaction

Amended

Article 3
The terms used this Act are defined as follows:
1. Construction and repair works: refer to civil and construction works as well as related operations.
2. Construction enterprises: refer to the manufacturers registered at and licensed by central, municipal and county (city) competent authorities to undertake construction and repair works.
3. Comprehensive construction enterprises: refer to the manufacturers registered at and licensed by the central competent authority to comprehensively perform construction and management of construction and repair works.
4. Specialized construction enterprises: refer to the manufacturers registered at and licensed by the central competent authority to operate specialized construction works.
5. Civil engineering contractors: refer to the manufacturers registered at and licensed by the municipal or county (city) competent authorities to operate small-scale comprehensive construction and repair works in the local and adjacent areas.
6. Integrated contracting: refers to tendering of the whole or a part of planning, design, construction and construction depending on the characteristics of the works.
7. Joint contracting: refers to the contracting deeds performed by two or more comprehensive construction enterprises to jointly contract a same work.
8. Principal: in an unlimited company or limited partnership, the principal is defined as the stockholder representing the company; in a limited company or joint stock limited company, the director representing the company; in a sole corporation, the investor or the legal representative of the investor; and in a partnership organization, the copartner executing operations. Within the scope of executing duties, the manager of a company or a firm may also be the principal.
9. Full-time engineers or technicians: refer to the engineers or architects who are employed by construction enterprises to take charge of technical direction and construction safety of the works contracted by the enterprise. It is the engineers who should say chief engineer; its architects, should be called chief architect.
10. Field directors: refers to persons who are employed by construction enterprises to preside over the worksite affairs and construction management of the works contracted.
11. Technical workers: refers to the persons who hold architectural engineering management technical worker certificates or other civil or construction related technical worker certificates.

Article 61
If any professional engineering staff of any construction company violates Article 34, any of items 1 to 7 of Article 35, Section 1 or Article 41 or violates the charter of the applicable technician’s association, a warning or order to suspend business for less than two months and no more than two years may be imposed based on the gravity of the violation. During the suspension period, no relevant business may be performed in accordance with the Technicians Act or the Architect Act. The same shall be applicable if any technician under Section 4 of Article 66 has any significant violation of the charter of the applicable association.
If the responsible person of any construction company knows about the violation of Section 1 of Article 34 or Section 1 or Article 41 by any professional engineer affiliated with such company and fails to request resignation by such staff, dismisses such staff or fails to request his/her presence, order for suspension of business for less than three months and no more than one year of such construction company shall be imposed.
If any technician entrusted with general construction management certification under Section 4 of Article 66 violates any of Items 1 to 7 of Article 35, fails to join the association or fails to submit a filing for registration with the municipal or city (county) governing authority in the place where the construction is located after being entrusted with the certification, warning or order for suspension of construction business for less than two months and no more than two years shall be imposed. During the suspension period, no relevant business may be performed in accordance with the Technicians Act.
If any professional engineering staff of the construction industry or any technician entrusted to perform general construction management certification receives three warnings within 5 years, he/she will be punished to suspend construction business for less than two months and no more than two years, no relevant business may be performed in accordance with the Technicians Act during the suspension period.