国务院令第184号
（Promulgated by Decree No. 184 of the State Council of the People's Republic of China on September 23， 1995）
颁布日期：19950923 　实施日期：19950923 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated¹ for the purpose of strengthening the administration of certified² 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 lawfully³ 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， registration⁴， 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， autonomous⁵ regions， and municipalities directly under the central government， shall comply with the provisions stipulated⁶ 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 administrative⁷ 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 legitimate⁸ rights and interests.

　　Chapter II Examination and Registration

　　Article 7 The state shall carry out a policy of unified⁹ 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 consultation¹⁰ with other relevant administrative departments of the State Council， and shall be implemented¹¹ 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 Doctorate¹² of Engineering in closely related specialties¹³， 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 attained¹⁴ 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 specialized¹⁵ 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 implementation¹⁶ 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 applicant¹⁷ 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 disciplinary sanction was decided¹⁸ upon to the day of applying for registration；

　　（4） The applicant has received an administrative penalty resulting in revoking¹⁹ 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 rejection²⁰. 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 revoke²¹ 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 valid²² for two years. Where there is the need to maintain registration after the expiration²³ 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 abstained²⁴ a certified public architect certificate may be subject to cancellation²⁵ of the registration and shall have the certificate of certified public architect revoked²⁶ 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 penalized²⁷ 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 revocation²⁸ 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） Investigation²⁹ and appraisal³⁰ of buildings；

　　（4） Direction and supervision³¹ 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 enroll³² 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 complexity³³ 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 mandates³⁴ 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 ethics³⁵， 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 confiscated³⁶， 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） Privately³⁷ accepting work of a certified public architect and collecting fees thereof；

　　（2） Accepting simultaneously³⁸ 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 violation³⁹ 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 Supplementary⁴⁰ 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 participation⁴¹ 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 promulgation⁴².

上一篇：国务院关于进一步加强借用国际商业贷款宏观管理的通知 下一篇：中国海事仲裁委员会仲裁规则（二）