The Ministry of the Interior issued the Tai-Nei-Ying-1060812785 Circular of September 11, 2017 (hereinafter, the “Circular”) to interpret the scope of other business or job duties that full-time engineers of a construction enterprise may concurrently assume and the manners in which part time work is conducted. The Circular came into effect immediately.
With respect to other business or job duties which may be concurrently assumed by full-time engineers of a construction enterprise, the Circular stipulates that in addition to the business s or job duties which may be concurrently assumed as recognized by the Ministry of the Interior, other relevant business or job duties (including examination, random inspection, investigation, construction audit, review, verification or evaluation) in construction-related projects executed by various associations of technicians or architects as retained by the government may be assumed concurrently by full-time engineers of a construction enterprise. The manners in which such part-time work is carried out is explained below.
For starter, associations of technicians or architects should collectively submit a list of individuals working part-time each year along with rotational assignment rules to the Ministry of the Interior for recognition. The associations should autonomously manage and thoroughly grasp the status of annual part-time work of their members (full-time engineers) and prepare a list for control purpose. In case of any change to the annual list, the changes shall be submitted to the Ministry of the Interior for recognition.
In addition, the part-time business or job duties as recognized by the Ministry of the Interior may be assumed by full-time engineers only to the extent that their execution of construction business will not be affected and that the approval of the responsible person of the construction enterprises that recruit them is obtained. In addition, the construction enterprises and their full-time engineers shall mutually agree that there shall not be violations of Articles 35, 37 through 39 and 41 of the Construction Industry Law as a result of their concurrent execution of part-time business or job duties.
Moreover, when full-time engineers retained to work on a project detect that the details of construction work are obviously difficult to carry out or are likely to cause public danger before or during construction, they shall immediately report to the responsible persons of the construction enterprises or take necessary measures. If any public danger is caused, the owners, inspectors, responsible persons of construction enterprise and full-time engineers shall assume their liabilities (under the Construction Industry Law, the Building Law and the Criminal Code) respectively pursuant to law based on their respective circumstances.
Finally, other business or job duties which may be assumed concurrently still have to be submitted to the Ministry of the Interior for recognition pursuant to the proviso of Article 34, Paragraph 1 of the Construction Industry Law before they may be concurrently assumed.