Can construction enterprises be required to set up local branches (subsidiaries) for cross regional contracting business


The bidding supervision departments of housing construction and municipal infrastructure projects at all levels shall comprehensively sort out the bidding documents of housing construction and municipal infrastructure projects within their administrative regions, and clean up the practices in the bidding documents that the bidding enterprises promise to establish branches (subsidiaries) after winning the bid as the evaluation factor.

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140) stipulates that construction enterprises shall not be required or required in a disguised form to set up local branches for cross regional contracting business (subsidiary) companies; those with relevant problems shall be rectified immediately.

[Conclusion]: no [basis]: Article 1 of the notice of the general office of the Ministry of housing and urban rural development on the governance of cross regional contracting business of construction enterprises requiring the establishment of branches (subsidiaries) Jian ban Shi Han [2021] No.

36 “the main departments of housing and urban rural construction at all levels shall strictly implement it Article 8 of the notice of the Ministry of housing and urban rural development on printing and Distributing Several Provisions on promoting the unified opening of the construction market (Jian Shi [2015] No.

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140) stipulates that local competent departments of housing and urban rural construction at all levels shall not directly or in disguise commit the following acts in violation of the provisions of laws and regulations in the supervision and management of inter provincial contracting business of construction enterprises: (1) Setting any approval and filing matters or informing conditions without authorization; (2) charging any fees or deposit without legal and regulatory basis; (3) requiring foreign enterprises to register and establish independent subsidiaries or branches in the region; (4) forcibly detaining relevant certificates and license materials of foreign enterprises and personnel (5) Require the competent department of housing and urban rural development where the foreign enterprise is registered or its superior competent department to issue relevant certificates; (6) take the qualification level as the condition for the foreign enterprise to enter the local contract business; (7) take the local contract project performance and local award as the condition for the enterprise to enter the local market (8) The corporate legal representative is required to be present at the enterprise’legal representative to go through the formalities for entering the province (city) where the legal representative of the enterprise is required to be present at the scene to go through the formalities for entering the province (city) where the enterprise’s legal representative is required to be present at the scene to go to the province (city) where the formalities for the province (city) where the enterprise’s legal representative is required to go through the formalities for entering the province (city); (9) other acts that impede enterprise self-management and fair competition.

” Article 8 of the notice of the Ministry of housing and urban rural development on printing and Distributing Several Provisions on promoting the unified opening of the construction market (Jianshi [2015] No.

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