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英譯法規內容

法規名稱(Title) Professional Engineers Act Ch
公發布日(Date) 2010.01.13
法規沿革(Legislative) 1.Formulated and promulgated on October 27, 1947
2.Article 32 amended and promulgated on December 17, 1954
3.The full text of 47 articles amended and promulgated on December 15, 1972
4.Article 2,4,5,7,31,34,37,and 44 amended and promulgated on April 12,1977
5.The full text of 50 articles amended and promulgated on December 11, 1985
6.Article 4,7,9,11,41,42,43 amended, Article 48-1 added, and Article 14,47 deleted and promulgated on January 19, 2000
7.Articles 3,7,10,38,40,41, and 48-1 amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 09100128680 on June 26, 2002
8.Article 41,42-1 and 45-1 amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 09600085761 on July 4, 2007
9.Article 10 and 50 amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 09900005571 on January 13, 2010; effective from November 23, 2009
法規內文(Content)
Professional Engineers Act
1.Formulated and promulgated on October 27, 1947
2.Article 32 amended and promulgated on December 17, 1954
3.The full text of 47 articles amended and promulgated on December 15, 1972
4.Article 2,4,5,7,31,34,37,and 44 amended and promulgated on April 12,1977
5.The full text of 50 articles amended and promulgated on December 11, 1985
6.Article 4,7,9,11,41,42,43 amended, Article 48-1 added, and Article 14,47 deleted and promulgated on January 19, 2000
7.Articles 3,7,10,38,40,41, and 48-1 amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 09100128680 on June 26, 2002
8.Article 41,42-1 and 45-1 amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 09600085761 on July 4, 2007
9.Article 10 and 50 amended and promulgated by President Order Hua-Tsung (1)-Yi-Tzu No. 09900005571 on January 13, 2010; effective from November 23, 2009


Chapter One General Provisions
 
Article 1  
A Republic of China national having satisfactorily passed the examinations for professional engineers held according to the Examination Act and having possessed the professional engineer certificate according to this Act may be recognized to serve as a professional engineer.
One who has lawfully possessed a professional engineer certificate prior to enactment of this Act may continually be recognized to serve as a professional engineer.
 
Article 2  
The categorized engineering branches of professional engineers shall be prescribed jointly by the Executive Yuan and the Examination Yuan.
 
Article 3  
One who meets any of the following shall not be recognized as a professional engineer and shall be revoked or abolished of the qualifications and shall surrender the professional engineer certificate if having practiced as a professional engineer:
1.Having betrayed the Republic of China as verified by an irrevocable court judgment.
2.Having been sentenced to one year or longer of imprisonment as verified by an irrevocable court judgment in the wake of a crime committed in performance of occupation.
3.Having got qualification of passing examination revoked or abolished according to the Examination Act.
 
Article 4  
The competent authority in charge of professional engineers is the Public Construction Commission, Executive Yuan at the central government level; the municipal government at the municipal level and county (city) government at the county (city) level.
 
Article 5  
One who has satisfactorily passed professional engineer examination may apply to the central competent authority for registration and for issuance professional engineer certificate.
The regulations for issuing professional engineer certificate shall be prescribed by the central competent authority.
 
Chapter Two Practice
 
Article 6  
A professional engineer shall practice the profession in any of the following manners:
1.Establishing his/her professional engineer office individually or an associated professional engineer office in concert with other professional engineers.
2.Being hired by a professional engineering consulting firm or incorporating a professional engineering consulting firm.
3.Being hired by a profit-seeking enterprise or entity which is required by law to hire a professional engineer other than those mentioned in the preceding Subparagraph.
The regulations governing the administration of professional engineering consultant firms as mentioned in preceding Subparagraph 2 shall be prescribed jointly by the central competent authority and the central authorities in charge of the relevant industries.
 
Article 7  
A professional engineer, though having possessed the professional engineer certificate, shall not practice the profession until having gained at least two years engineering working experiences of corresponding engineering branch and until having applied to and obtained the professional engineer license from the central competent authority.
The preceding Paragraph regarding engineering working experiences is not applicable to one who becomes a professional engineer through special examining process.
The professional engineer license shall be issued by the central competent authority in the wake of due procedures of application, review and registration. The central competent authority shall, upon issuing a professional engineer license, publish the fact on the gazette and inform the professional engineer association.
The professional engineer license is valid for four years. The professional engineer as the professional engineer license holder shall apply, three months prior to the date of expiration of the license, with verified documents of professional practice and training certificates approved by the central competent authority for renewal of the professional engineer license.
The central competent authority may entrust non-government organizations for conducting renewal matters of professional engineer licenses, approval of verified documents of professional practice and training certificates.
The regulations for the qualifications, terms and conditions, procedures of application, required documents, criteria of approval fees and other matters to be complied with for renewal of the licenses as set forth in Paragraph 4 shall be prescribed by the central competent authority.
Professional engineers of all engineering branches having possessed professional engineer licenses prior to enforcement of the present amendment of this Article shall be subject to amended clauses beginning the date when the amended clause of this Article takes effect.
 
Article 8  
The professional engineer license shall bear the following particulars:
1.Name, sex, native place, address, ID card number.
2.Birth date.
3.Way of professional practice.
4.Name and location of the business entity where the professional engineer practices.
5.Professional engineering branch(s), file number of professional engineer certificate and scope of professional services.
6.Date and file number of issuance.
The professional engineer shall apply for renewal license within fifteen days if any change happens within preceding Paragraph prescribed.
 
Article 9  
The central competent authority shall establish professional engineer register to bear the following particulars:
1.Name, sex, native place, address, ID card number.
2.Birth date.
3.Way of professional practice
4.Name and location of the business entity where the professional engineer practices.
5.Engineering branch(s)of the professional engineer.
6.File number of professional engineer certificate
7.Date and file number issuance of the professional engineer license.
8.Categories and facts of awards or punishment received.
9.Change in the registered particulars.
10.Dates to start up, suspend and resume the professional practice.
11.Miscellaneous particulars otherwise.
 
Article 10  
One who meets any of the following shall not be qualified for a professional engineer license, and the license shall be revoked or abolished if having been issued:
1.Where the professional engineer qualifications are revoked or abolished pursuant to Article 3.
2.Having been declared a guardianship or assistantship has not been revoked.
3.Having been declared bankrupt and not yet regained the legal rights.
4.Having been insane as verified by a public hospital
Where one forfeits or is revoked or abolished of professional engineer license under preceding Subparagraphs 2~4, he/she may reapply for professional engineer license according to this Act as long as the cause ceases to exist.
 
Article 11  
A professional engineer who takes the initiative to suspend professional practice shall apply to the central competent authority for revocation of his/her professional engineer license.
Chapter Three Business Operation and Responsibilities
 
Chapter Three Business Operation and Responsibilities
 
Article 12  
A professional engineer may be entrusted to perform engineering services within his/her engineering branch as planning, design, construction supervision, research, analysis, test, evaluation, appraisal, construction, manufacture, maintenance, inspection, project management and engineering services.
The scopes of practice of various engineering branches shall be prescribed jointly by the central competent authority and the authorities in charge of the relevant industries.
The system for professional engineer certification shall be enforced for certain specified engineering branches or engineering categories in an effort to upgrade engineering quality or safeguard public health and safety. The regulation for certification shall be drawn up by the central competent authority in concert with the authorities in charge of the relevant industries and shall be put into enforcement after being submitted to and approved by the Executive Yuan.
 
Article 13  
A professional engineer shall not turn down an order for the professional practice placed by a government entity unless backed by justifiable reasons.
Professional fee shall be paid for an order placed under the preceding Paragraph.
 
Article 14   (Deleted)
 
Article 15  
A professional engineer, while in professional practice, shall provide profession registry book to record the names or titles of clients, addresses of clients, consigned professional services and progress of services in detail.
 
Article 16  
All drawings and documents produced by professional engineers while in professional practice shall be signed by the professional engineers themselves and be further affixed with the professional engineer’s practice seal.
 
Article 17  
In the event a professional engineer
’s client has changed the finalized plan without permission and defied warning during or after the professional practice and is, as a result, likely to run into risk, the professional engineer shall report honestly the fact to the local competent authority.
 
Article 18  
A professional engineer in professional practice shall not concurrently serve as a government employee.
 
Article 19  
A professional engineer shall not:
1.Permit another to practice the profession in his/her name.
2.Neglect duty and thus lead damages to the client or another.
3.Breach laws or regulations concerned while in the professional practice.
4.Present a fraudulent report or statement for an appraisal order placed by client
5.Leak another’s secret known or possessed to him/her because of the profession, without a justifiable reason
6.Take unjustifiable behavior or breach obliged liabilities on consigned duties
7.Solicit business in unjustifiable means
Provision under preceding Subparagraph 5 remains continually applicable even after the professional engineer discontinues the professional practice.
 
Article 20  
A professional engineer, while in professional practice, shall not go beyond the business scope specified on the professional engineer license.
 
Article 21  
A professional engineer suspended from the profession in penalty shall not engage in the professional practice during the suspension.
 
Article 22  
A professional engineer, while in professional practice, shall be subject to supervision by the competent authority.
A professional engineer, while in professional practice, shall accept professional training programs as required by the competent authority.
 
Article 23  
The competent authority is entitled to inspect professional engineers’ professional practice or order them to submit reports. The professional engineers shall not reject.
 
Chapter Four Professional Engineer Association
 
Article 24  
Professional engineers shall not engage in the professional practice until joining the professional engineer association in the place where they engage in the professional practice. The professional engineer association shall not reject the application for entry.
 
Article 25  
Each professional engineer association shall be duly organized for the respective engineering branch and prefixed with the engineering branch categories, and may be jointly organized for several engineering branches in concert as necessary.
 
Article 26  
Each professional engineer association shall be established in the province (municipality), and may be established individually in major industrial zones as approved jointly by the related competent authorities in the zones.
 
Article 27  
Professional engineer associations of each engineering branch may organize their national federations in the place where the central competent authority is located.
 
Article 28  
The provincial (municipal) or regional professional engineer association shall be duly organized by a minimum of seven professional engineers as promoters in the province (municipality) or region. The professional engineers may join the neighboring associations if there are less than seven in number in the province (municipality) or region.
 
Article 29  
The national federation of professional engineer association shall be organized by a minimum of three provincial (municipal) or regional professional engineer associations as the promoters.
 
Article 30  
The competent authorities governing over the professional engineer associations shall be the competent authorities in charge of social administration affairs. Their operation shall be, nevertheless, subject to instructions and supervision by the competent authority over professional engineers set forth in Article 4.
 
Article 31  
Each professional engineer association shall have its directors, supervisors in the following quota, to be duly elected in the members’ meeting:
1.Each provincial (municipal) or regional professional engineer association: 3~15 directors; 1~5 supervisors.
2.Each national federation of professional engineer association: 9~21 directors; 3~7 supervisors.
The aforementioned directors, supervisors hold a three-year tenure of office and are eligible for one reelection.
 
Article 32  
Following particulars shall be specified in the professional engineer association’s organizational articles:
1.Title, region and the place where the association is located.
2.The association’s functions and duties.
3.Admission, withdrawal of membership.
4.Members’ rights and obligations
5.Quota of directors, supervisors, standby directors, standby supervisors; method of election, their duties, limit of their powers.
6.Regulations for the members’ meeting, the board of directors & supervisors meetings.
7.The pacts to be complied with
8.Criteria of remuneration, the maximum and minimum limitation.
9.Funds and accounting
10.Amendment of the association’s organizational articles
11.Other required matters as relevant to the association affairs.
 
Article 33  
Each professional engineer association shall declare the following particulars to the local competent authority:
1.Organizational articles of the professional engineer association
2.Roster of members, admission and withdrawal of members
3.Election of directors, supervisors and names of the elected directors, supervisors.
4.Dates, time, place and highlights of the meetings of members, board of directors, and supervisors.
5.Decisions resolved.
The aforementioned particulars declared shall be referred by the local competent authority to the Ministry of the Interior and central competent authority in charge of professional engineers for information.
 
Article 34  
Each professional engineer association shall hold the members’ meeting on an annual basis and may hold an extraordinary meeting whenever necessary.
 
Article 35  
The local competent authority in the place where the professional engineer association is located shall assign official(s) to attend the members’ meeting of the professional engineer association and may assign official(s) to attend other meetings, and may have access to the minutes of the meetings.
 
Article 36  
Where a professional engineer association breaches laws or regulations or its organizational articles, the local competent authority in charge of social administration affairs may impose the following penalties:
1.Warning.
2.Revocation of decisions resolved.
3.Reorganization.
Penalties set forth in preceding Subparagraphs 1 and 2 may be imposed by the competent authority in charge of professional engineers as well.
 
Article 37  
Provisions set forth in Articles 32~36 are applicable mutatis mutandis to the national federation of professional engineer associations.
 
Chapter Five Punishment
 
Article 38  
A professional engineer who violates Article 18 shall have his/her professional engineer license revoked or abolished but may reapply for professional engineer license according to this Act when the cause ceases to exist.
A professional engineer who violates Article 19, Paragraph 1, Subparagraph 1 shall have his/her professional engineer license and professional engineer certificate abolished.
 
Article 39  
A Professional Engineer shall be referred for disciplinary action in addition to punishment if:
1.Committing a behavior against this Act.
2.Sentenced under the criminal judgment because of a crime committed relevant to the profession.
3.Breaching the professional engineer association’s organizational articles in a gross offense.
 
Article 40  
Disciplinary action upon a professional engineer shall be imposed by the professional engineer discipline committee through the following as actual situations may justify:
1.Warning.
2.Reprimand.
3.Suspension from professional practice ranging from two months minimum to two years maximum.
4.Abolishment of the professional engineer license
A professional engineer who has received more than three reprimands shall be, additionally, punished with suspension from professional practice and shall have the professional engineer license abolished if the total periods suspended from professional practice in accumulation are up to five years in full.
A professional engineer who has been abolished of the professional engineer license shall no longer apply to the competent authority for professional engineer license except the causes set forth in Article 10, Paragraph 2 and Article 38, Paragraph 1, proviso.
 
Article 41  
A professional engineer who violates this Act shall be subject to disciplinary action according to the following:
1.In violation of Article 16: reprimand.
2.In violation of Article 17; Article 20; Article 22, Paragraph 1 or Article 23: reprimand or suspension from the professional practice.
3.In violation of any clause under Article 19, Paragraph 1, Subparagraphs 2~7: reprimand, suspension from professional practice or abolishment of professional engineer license.
4.In violation of Article 21: abolishment of professional engineer license. 
Where a professional engineer violates Article 39, either Subparagraph 2 or 3, the discipline committee shall impose penalty pursuant to Article 40, Paragraph 1 and 2 as actual requirements may justify.
 
Article 42  
Where a professional engineer meets Article 39, the interested parties, competent authority, authorities in charge of the relevant industries or the professional engineer association may report the case with facts and exhibits to the discipline committee for due punishment.
 
Article 42-1  
The discipline committee shall reject to decide if the duration since termination of violation to submission of disciplinary case to the discipline committee exceeds specified time limit according to the following:
1.In circumstances of Article 41, Paragraph 1, Subparagraph 1 hereof: 2 years.
2.In circumstances of Article 39, Subparagraph 3; Article 41, Paragraph 1, Subparagraphs 2 to 3 hereof: 3 years.
3.In circumstances of Article 39, Subparagraph 2; Article 41, Paragraph 1, Subparagraphs 4 hereof: 5 years.
Where the violation of the preceding paragraph occur a latter result, the duration starts from the occurrence of the result.
In circumstances of Article 39, Subparagraph 2, the duration starts from the final verdict.
When a disciplinary decision shall be revoked that comes up with a another decision due to a retrial, an administrative litigation, or the other remedy procedure, the duration of the Paragraph 1 starts from the day the decision are revoked.
The rejection provision of the Paragraph 1 shall apply to professional engineers who should be referred for disciplinary action before this Article is amended.
Where a professional engineer who is rejected for disciplinary action in accordance with the provision violates this Act again within 5 years after the rejection, the discipline committee shall impose more severe disciplinary action according to Article 41.
 
Article 43  
In a case where a professional engineer is punished or under application for punishment, the subject professional engineer, if in disagreement with the decision resolved by the discipline committee, may petition to the discipline retrial committee for a review within twenty days from the day next to receipt of the notice.
 
Article 44  
The organizational regulations of the discipline committee and the discipline retrial committee shall be drawn up by the central competent authority and submit to the Executive Yuan for approval.
 
Article 45  
A professional engineer who has been in professional practice with only the professional engineer certificate but without professional engineer license or without joining the professional engineer association membership shall be banned by the local competent authority and, in addition, may be subject to a fine ranging from 10,000 Yuan minimum to 30,000 Yuan maximum.
One who has been in professional practice without being recognized for professional engineer qualifications shall be punished with imprisonment up to two years maximum, detention, or a fine ranging from 10,000 Yuan minimum to 30,000 Yuan maximum.
 
Article 45-1  
Where a professional engineer violates Articles 8, Paragraph 2; Article 11; Article 13, Paragraph 1; Article 15 or Article 22, Paragraph 2, the competent authority shall order the professional engineer to complete improvement within a specified time limit. In the event that the professional engineer fails to complete the improvement within the specified time limit or repeats the violation after the corrective action, the professional engineer shall be subject to a fine ranging from 2,000 Yuan minimum to 10,000 Yuan maximum. In the event that the professional engineer is subject to a fine and fails to complete the corrective action, the competent authority may impose fines successively for each violation.
Where a professional engineer violates Articles 7, Paragraph 4 due to the professional engineer license has expired without application for renewal yet continues practicing, the professional engineer shall be subject to a fine ranging from 6,000 Yuan minimum to 30,000 Yuan maximum, and the competent authority shall order the professional engineer to supplement application for renewal of the professional engineer license within a specified time limit. In the event that the professional engineer fails to supplement and continues practicing within the specified time limit, the competent authority may impose fines successively for each violation.
 
Chapter Six Supplementary Provisions
 
Article 46  
This Act and other professional engineer related laws are applicable to an alien who has been officially recognized the professional engineer qualifications in accordance with Act Governing Aliens in Examinations for Professionals and Technologists.
 
Article 47   (Deleted)
 
Article 48  
The amounts of the professional engineer certificate fees and professional engineer license fees shall be determined by the central competent authority.
 
Article 48-1  
The central competent authority may consign the competent authorities at the municipal, county (city) levels to issue, revoke, abolish, or nullify entries of professional engineer license, and register professional practices of professional engineers.
 
Article 49  
The Enforcement rules of this Act shall be prescribed by the Executive Yuan.
 
Article 50  
This Act shall take effect upon the date of promulgation.
The articles amended on December 22, 2009 shall take into force since November 23, 2009.