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REGULATIONS CONCERNING CERTIFIED PUBLIC ARCHITECTS

Category  URBAN AND RURAL CONSTRUCTION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-09-23 Effective Date  1995-09-23  

Regulations of the People's Republic of China Concerning Certified Public Architects



Chapter I  General Provisions
Chapter II  Examination and Registration
Chapter III  Professional Practice
Chapter IV  Rights and Duties of Certified Public Architects
Chapter V  Legal Responsibility
Chapter VI  Supplementary Provisions

(Promulgated by Decree No.184 of the State Council of the

People's Republic of China on September 23, 1995)
Chapter I  General Provisions

    Article 1  These Regulations are formulated for the purpose
of strengthening the administration of certified public
architects, improving the quality and level of architectural
design, protecting the public interest, and ensuring the
safety of the life and property of citizens.

    Article 2  "Certified public architect" with regards to
these Regulations, refers to one who has lawfully acquired the
certificates of a certified public architect and is engaged in
the architectural design of buildings or other related
businesses.

    Certified public architects are divided into Grade-1 and
Grade-2 certified public architects.

    Article 3  These Regulations shall apply to the examination,
registration, and practice of certified public architects.

    Article 4  The construction administration and personnel
administration of the State Council, as well as the construction
administration and personnel administration of the local people's
governments of the various provinces, autonomous regions, and
municipalities directly under the central government, shall comply
with the provisions stipulated in these Regulations to direct and
supervise the examination, registration, and practice of certified
public architects.

    Article 5  The National Administration Committee of Certified
Public Architects and the administration committees of certified
public architects in various provinces, autonomous regions, and
municipalities directly under the central government shall, in
accordance with the provisions prescribed in these Regulations,
be responsible for the concrete work of the examination and
registration of certified public architects.

    The National Administration Committee of Certified Public
Architects shall be organized from among representatives of the
construction administration, personnel administration and other
relevant administrative departments of the State Council, and
architectural design experts.

    The administration committees of certified public architects
of the various provinces, autonomous regions, and municipalities
directly under the central government shall be organized from
among representatives of the construction administrations,
personnel administrations and other relevant administrative
departments of the various provinces, autonomous regions, and
municipalities directly under the central government, and
architectural design experts.

    Article 6  Certified public architects may establish
professional associations of certified public architects to
protect their legitimate rights and interests.
Chapter II  Examination and Registration

    Article 7  The state shall carry out a policy of unified
nationwide qualification examination for certified public
architects. The measures of unified nationwide qualification
examination for certified public architects shall be formulated
by the construction administration of the State Council in
cooperation with the personnel administration of the State Council
after consultation with other relevant administrative departments
of the State Council, and shall be implemented by the National
Administration Committee of Certified Public Architects.

    Article 8  Those who meet one of the following conditions may
apply for permission to take part in the qualification
examination for Grade-1 certified public architect:

    (1) Possession of a Master's degree or higher in
Architecture, or a Doctorate of Engineering in closely related
specialties, in addition to at least two years' work experience
in architectural design or other related businesses;

    (2) Possession of a Bachelor's degree in Architecture or a
Master's degree in Engineering in closely related specialties, in
addition to at least three years' work experience in architectural
design or other related businesses;

    (3) Graduate experience in Architecture in addition to at
least five years' work experience in architectural design or in
other related businesses; or, graduate experience in specialties
closely related to architecture and with at least seven years'
work experience in architectural design or other related
businesses;

    (4) Possession of the technical title of senior engineer in
addition to at least three years' work experience in architectural
design or other related businesses; or possession of the technical
title of engineer in addition to at least five years' work
experience in architectural design or other related businesses; or

    (5) Outstanding achievements in architectural design and
recognition by the National Administration Committee of Certified
Public Architects as having attained the same professional level
as prescribed in the aforesaid four items, though not meeting any
of the aforesaid four conditions.

    Article 9  Those who meet one of the following conditions may
apply for permission to take part in the qualification
examination for Grade-2 certified public architect:

    (1) Graduate or higher experience majoring in Architecture or
in closely related specialties, in addition to at least two
years' work experience in architectural design or other related
businesses;

    (2) Graduate or higher experience of a junior college
majoring in architectural design technology or in other related
specialties, in addition to at least three years' work experience
in architectural design or other related businesses;

    (3) Graduate experience from a 4-year secondary specialized
school majoring in architectural design technology, in addition
at least five years' work experience in architectural design or
other related businesses.

    (4) Graduate experience from a secondary specialized school
in a major closely related to architectural design technology,
in addition to at least seven years' work experience in
architectural design or other related businesses; or

    (5) Possession of a technical title of or higher than
assistant engineer, in addition to at least three years' work
experience in architectural design or other related businesses.

    Article 10  After being recommended by the unit in which he
is working, an architectural designer who has achieved a
technical title of senior engineer or middle-rank engineer before
the implementation of these Regulations may, in accordance with
the provisions stipulated in the measures governing the unified
nationwide qualification examination for certified public
architects, be excused from examinations in certain subjects.

    Article 11  Those candidates who have passed the
qualification examination and attained the corresponding
professional status of a certified public architect may apply for
registration.

    Article 12  The National Administration Committee of
Certified Public Architects shall be responsible for the
registration of Grade-1 certified public architects; the
administration committees of certified public architects of the
various provinces, autonomous regions, and municipalities
directly under the central government shall be responsible for
the registration of Grade-2 certified public architects.

    Article 13  An application for registration shall be
rejected under any one of the following circumstances:

    (1) The applicant has no full capacity for civil conduct;

    (2) The applicant has been punished for criminal activity and
has filed an application for registration within five years after
serving punishment;

    (3) The applicant has received an administrative penalty or
disciplinary sanction resulting in dismissal from office or more
as a result of an error the applicant had made in an architectural
design or other related professional business, and it is less
than two years from the day the administrative penalty or the
desciplinary sanction was decided upon to the day of applying for
registration;

    (4) The applicant has received an administrative penalty
resulting in revoking the certificate of certified public
architect, and it is less than five years from the day the
penalty was decided upon to the day of applying for
registration; or

    (5) Other circumstances prescribed by the State Council in
which the application shall be rejected.

    Article 14  For applications that have been rejected under
Article 13 of these Regulations, the National Administration
Committee of Certified Public Architects, as well as the
administration committees of certified public architects of the
various provinces, autonomous regions, and municipalities directly
under the central government, shall notify the applicant in writing
within 15 days from the day of making such a decision of rejection.
An applicant who wishes to contest the rejection may, within 15 days
from the day of receiving the notification, file an application for
reconsideration to the department of construction administration of
the State Council or the construction administration of the local
people's government of the respective province, autonomous region,
or municipality directly under the central government.

    Article 15  The National Administration Committee of
Certified Public Architects shall report the list of approved
Grade-1 certified public architects to the construction
administration of the State Council for the record; the
administration committees of certified public architects of the
various provinces, autonomous regions, and municipalities
directly under the central government shall report the list of
approved Grade-2 certified public architects to the construction
administrations of the local people's governments of the
various provinces, autonomous regions, and municipalities
directly under the central government for the record.

    If the construction administration of the State Council or
the construction administrations of the local people's
governments of the various provinces, autonomous regions, and
municipalities directly under the central government discover
that a registration approved by the an administration committee
of certified public architects does not meet the requirements
stipulated in these Regulations, they shall inform that
administration committee of certified public architects to cancel
the registration and revoke the certified public architect
certificate.

    Article 16  For an applicant whose registration has been
approved, the National Administration Committee of Certified
Public Architects and the administration committees of certified
public architects of the various provinces, autonomous regions,
and municipalities directly under the central government shall
respectively examine and issue a registration certificate, which
shall be processed by the construction administration of the
State Council as either a Grade-1 or Grade-2 certified public
architect certificate.

    Article 17  The registration of a certified public architect
is valid for two years. Where there is the need to maintain
registration after the expiration of the term of validity, the
applicant shall go through registration procedures within 30 days
before the term of validity expires.

    Article 18  Under any one of the following circumstances,
excepting those stipulated in Paragraph 2 of Article 15 of these
Regulations, a person who has already abtained a certified public
architect certificate may be subject to cancellation of the
registration and shall have the certificate of certified public
architect revoked by the National Administration Committee of
Certified Public Architects or the administration committee of
certified public architects of the province, autonomous region,
or municipality directly under the central government which made
the original approval:

    (1) The person has completely lost the capacity for
civil conduct;

    (2) The person is penalized pursuant to criminal laws;

    (3) The person is dealt an administrative penalty or
disciplinary sanction that is more serious than that of
dismissal from office for a mistake made in the work of
architectural design or in other related professional
business; or

    (4) The person refrains from professional work as a
certified public architect for two or more years.

    If a person whose registration has been canceled raises an
objection to the cancellation of his registration and the
revocation of his certified public architect certificate, he may,
within 15 days from being notified of the cancellation of
registration and of having the certified public architect
certificate revoked, file an application for reconsideration
to the construction administration of the State Council or the
construction administration of the local people's governments
of the various provinces, autonomous regions, and municipalities
directly under the central government.

    Article 19  A person who had his registration canceled may
file another application for registration as provided for in
these Regulations.
Chapter III  Professional Practice

    Article 20  The professional services of certified public
architects are as follows:

    (1) Architectural design;

    (2) Consultation on architectural design technology;

    (3) Investigation and appraisal of buildings;

    (4) Direction and supervision of construction projects
of which he has headed design; and

    (5) Other professional services prescribed by the
construction administration of the State Council.

    Article 21  A certified public architect shall enroll
as a member of an architectural design unit when practicing.

    The qualification standards and grade of the architectural
design unit and its scope of service shall be prescribed by the
construction administration of the State Council.

    Article 22  There is no limitation on the construction scale
and complexity of the scope of professional service on Grade-1
certified public architects. The scope of professional service of
Grade-2 certified public architects may not exceed the
construction scale and complexity limited by the State.

    Article 23  The mandates for certified public architects to
practice professions shall be accepted and service fees collected
exclusively by the architectural design unit.

    Article 24  The architectural design unit shall be liable for
compensation for economic losses arising from the quality of an
architectural design, and the aforesaid unit shall have the right
to claim compensation from the certified public architect whose
name is signed to the design drawing.
Chapter IV  Rights and Duties of Certified Public Architects

    Article 25  Certified public architects have the right to
practice their profession under the title of "certified public
architect."

    No architect who is not registered may practice under the
title of "certified public architect." No Grade-2 certified
public architects may practice professionally under the title of
"Grade-1 certified public architect," nor may exceed the
professional scope prescribed by the State.

    Article 26  Housing buildings which will exceed state
regulations concerning span, span diameter, or height, shall be
designed by a certified public architect.

    Article 27  Any unit or individual who wishes to revise a
design drawing made by a certified public architect shall obtain
his consent, except in special circumstances in which consent is
unable to be obtained from the certified public architect.

    Article 28  Certified public architects shall carry out the
following duties:

    (1) To observe laws, regulations, and professional ethics,
and to protect public interests;

    (2) To assure the quality of architectural design, and to
sign his name on the design drawings for which he is responsible;

    (3) To preserve any secrets of units or individuals learned
during professional practice;

    (4) Not to accept simultaneous employment in two or more
architectural design units;

    (5) Not to allow others to perform professionally in the name
of himself.
Chapter V  Legal Responsibility

    Article 29  In cases where a person passed the qualification
examination for certified public architects or obtained a
certified public architect certificate by illegal means, the
National Administration Committee of Certified Public Architects
or the administration committees of certified public architects
of the various provinces, autonomous regions, and municipalities
directly under the central government shall cancel said
qualification or revoke said certificate. Disciplinary
sanctions shall be imposed on the chief persons directly
responsible and other persons bearing direct responsibility
according to laws and regulations.

    Article 30  Persons who, not having obtained registration,
illegally engage in the professional activities of a certified
public architect under the title of "certified public architect,"
shall have their illegal activities suspended, shall have any
illegal income confiscated, and may be subject to a fine of up to
five times the amount of illegal income, to be carried out by the
construction administration of the local people's governments
at or above the county level; in addition, they shall be held
liable for compensation for any losses caused.

    Article 31  Certified public architects who violate these
Regulations by committing one of the following acts shall be
ordered by the construction administration of the local
people's governments at or above the county level to suspend all
unlawful activity, shall have any illegal income confiscated,
and may be subject to a fine of up to five times the amount of
illegal income; if the circumstances are serious, the aforesaid
administration may suspend the architect's professional activity,
or the National Administration Committee of Certified Public
Architects or the administration committees of certified public
architects of the various provinces, autonomous regions, and
municipalities directly under the central government may revoke
the certified public architect certificate:

    (1) Privately accepting work of a certified public architect
and collecting fees thereof;

    (2) Accepting simultaneously professional employment in two
or more architectural design units;

    (3) Violating the legal rights of other persons in
architectural design or other related professional activities;

    (4) Permitting others to carry out professional activities
in the name of himself; or

    (5) A Grade-2 certified public architect engages in
professional activities under the title of "Grade-1 certified
public architect," or that are beyond the scope of service as
stipulated by the state.

    Article 32  In the event that a substandard architectural
design by a certified public architect results in a serious
accident or heavy losses, the architect directly responsible
shall have all professional activities suspended by the
construction administration of the local people's government
at or above the county level; if the circumstances are serious,
the architect shall have the certified public architect
certificate revoked by the National Administration Committee of
Certified Public Architects or the administration committees of
certified public architects of the various provinces, autonomous
regions, and municipalities directly under the central
government.

    Article 33  Those who, in violation of the provisions of
these Regulations, have the design of a certified public
architect drawing revised without his consent shall be ordered
to make the necessary corrections by the construction
administration of the local people's government at or above
the county level; in addition, such person(s) shall be held
liable for any losses caused.

    Article 34  Those whose violation of these Regulations
constitutes a crime shall be subject to investigation for
criminal responsibility in accordance with the law.
Chapter VI  Supplementary Provisions

    Article 35  The "architectural design unit" mentioned in
these Regulations refers to both the construction project design
units which specialize in architectural design, and other
construction project design units which engage in architectural
design.

    Article 36  The filing of applications by foreign nationals
for participation in the unified nationwide qualification
examination for certified public architects, and registration and
practice of the profession of certified public architect in China
shall be conducted by following the principle of reciprocity.

    Article 37  These Regulations shall go into effect as of the
date of promulgation.


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