Abstract
As part of its frenetic drive to build a modern infrastructure and transform its cities, the People’s Republic of China has been erecting a substantial body of national and local law governing construction-related activities. Although there is no unified construction law as such, China’s Ministry of Construction is reportedly formulating legislation concerning the supervision and management of capital construction. Meanwhile, the existing legislation covers the construction process from the project approval stage, through the design and construction tender process and into the stage of management, quality control and implementation of construction, and also treats relevant matters of taxation and finance.
As is true generally of China’s burgeoning legislation, much of the relevant construction law is only in Chinese, is contained in local rather than national legislation, and is available only in obscure publications or through involvement in specific projects in the localities concerned. This article is thus an attempt to provide a basic manual on the types of regulations and restrictions that foreign companies should be aware of when undertaking construction projects in China, either as owner-employers or as contractors. The local regulations of Beijing are discussed with particular frequency, since they are generally representative of regulations in force elsewhere in China.