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FOREIGN RECIPROCITY

BETWEEN ASIAN COUNTRIES

ECE Laws, Contracts and Ethics

Submitted by: Jessa Marie V. Garcia


Submitted to: Engr. Jaime V. David
Date Submitted: April 6, 2015

The Myanmar Engineering Council Law


Contents
Chapter I: Title and Definition
Chapter II: Objectives

Chapter IX: Application and Issue of


Engineer Registration Certificate

Chapter III: Forming the Myanmar


Engineering Council

Chapter X: Duties and Rights of the


Engineers, Graduate Technicians

Chapter IV: Duties and Powers of the


Council

and Technicians who has obtained Register


Certificates

Chapter V: Termination from Being the


Council Member

Chapter XI: Taking Administrative Action


Chapter XII: Appeal

Chapter VI: Convening of the Meetings


Chapter XIII: Prohibitions and Penalties
Chapter VII: Finance
Chapter XIV: Miscellaneous
Chapter VIII: Application and Issue of
Graduate Technician Register Certificate,
Technician Register Certificate

The Myanmar Engineering Council Law


The PyidaungsuHluttaw Law No. 37, 2013
The 11th waning of Tasaungmone, 1375 M.E.
(28th November, 2013)
The Pyidaungsu Hluttaw hereby enacts this Law.
Chapter I
Title and Definition
1. This Law shall be called the Myanmar Engineering Council Law.
2. The expressions contained in this Law shall have the meanings hereunder:
(a) Engineering means an erudite profession which many design, build and maintain the
structures, machineries, conveyances, equipments, devices, apparatuses, powers, materials and
processes beneficial to society by applying natural and human resources with least impact upon
environment, and with a base upon the knowledge and technology acquired from study, training,
practice and experience in the fields of mathematics, science, economics and social science.
(b) Discipline means specialized Engineering such as civil engineering, mechanical engineering,
electrical engineering, etc.;
(c) Technology means engineering technology concerning techniques, methods, manners,
processes and other technical skills that shall be applied practically in support of the creation and
production by engineering;
(d) Focal Ministry means any Ministry determined by the Union Government to implement
functions and duties contained in this Law;
(e) Council means the Myanmar Engineering Council formed under this Law;
(f) Member of the Council means any member of the Myanmar Engineering Council;
(g) Executive Committee means the committee formed with the members of the Council under
this Law;
(h) Technician means a holder of diploma in technology recognized by the Council under this
Law;
(i) Graduate Technician means a holder of the Bachelor of Technology degree recognized by
the Council under this Law;
(j) Engineer means a holder of the Bachelor of Engineering degree recognized by the Council
under this Law;

(k) Register Certificate means the technician register certificate, graduate technician register
certificate and engineer register certificate issued by the Council under this Law;
(l) Engineer Register Certificate means registered engineer certificate, registered senior
engineer certificate, registered professional engineer certificate, registered limited engineer
certificate, and registered limited professional engineer certificate issued by the Council under
this Law;
(m) Registered Engineer Certificate means the registered recognition certificate issued by
Council to an engineer who has listed in the Council and has fulfilled the stipulated
qualifications; and to the engineer who has obtained recognition certificate issued by any
engineering organization and institution recognized by the Council and has agreed with the
stipulated qualifications;
(n) Registered Senior Engineer Certificate means a registered recognition certificate issued by
the Council to an engineer who has obtained the registered engineer certificate under this Law
and has passed the examinations of engineering respectively, conducted by the Council and has
agreed with the stipulated qualifications of a senior engineer;
(o) Registered Professional Engineer Certificate means a registered recognition certificate
issued by the Council to an engineer who has obtained the registered senior engineer certificate
under this Law and has agreed with the stipulated qualifications of a Professional Engineer.
(p) Registered Limited Engineer Certificate means a registered recognition certificate issued
with terms and conditions by the Council to a foreign engineer who has met the stipulations
under this Law;
(q) Registered Limited Professional Engineer Certificate means a register recognition
certificate issued by the Council to the foreign registered professional engineer who is
compatible with the stipulations under the measures of the ASEAN Mutual Recognition
Arrangement.
Chapter II
Objectives
3. The objectives of this Law are as follows:
(a) to uphold and upgrade the dignity, ethics and quality of the Myanmar citizen engineers,
graduate technicians and technicians who are practising engineering works;
(b) to explore using engineering technology and information technology combined the good
methods, research and development activities by which the natural resources and human
resources of the State may be beneficially applied with least impact on environment;

(c) to carry out guidance and supervision, and to take necessary actions for fulfillment of the
requirements of stipulated technical standard, proper method, free from danger, keeping ethic
and being dutiful in the fields of engineering and technology education, researches and services;
(d) to service engineering and technology related functions and duties beneficial for the State
assigned by the relevant Ministry and relevant organizations.
Chapter III
Formation of Myanmar Engineering Council
4. The Focal Ministry shall, with the approval of the Union Government, form the Patron Body
of the Myanmar Engineering Council comprising not more than seven suitable senior engineers
from the Union Ministries, Government departments, Government organizations and nongovernmental organizations relating to engineering work.
5. The Patron Body of the Council Comprising shall, 60 council members in accord with the
stipulations form the Council as follows:
(a) senior engineers from Focal Ministry and Ministries, 15 members
government departments relating to engineering
(b) engineers from the Departments, 15 members
Universities, Colleges and Institutes relating to
engineering and technological education
(c) experienced senior engineers from the non-governmental 15 members
associations relating to engineering
(d) external eminent experienced senior engineers 15 members
6. The Patron Body of the Council shall select and appoint the President, a Vice-President and a
Joint Secretary out of the Council members. The Council members shall, to elect remaining
members of the Executive Committee, one Vice-President, one Secretary, one Joint Secretary,
one Treasurer and eight Executive Committee members out of them, elect in accord with the
stipulations.
7. For the purpose of implementing the functions and duties of the Council, the members of
Executive Committee of the Council shall be formed with fifteen members comprising the
President of the Council as President, Vice-Presidents of the Council as Vice-Presidents,
Secretary of the Council as Secretary, Joint Secretaries of the Council as Joint Secretaries,
Treasurer of the Council as Treasurer, eight members of the Executive Committee as members in
accord with the stipulations.
8. With respect to the term of the Council and members of the Council, it shall be determined as
follows:
(a) a term of the Council shall be four years commencing from the date of its formation;
(b) the term of the Council members shall be the same with that of the Council;

(c) the President of the Council is entitled to take tenure of office only for one term of the
Council;
(d) a Council member may take tenure of office as a member only for two consecutive terms;
(e) when the office of a member of the Council is vacant, it shall be filled in accord with the rules
issued under this Law. The term of the Council member so filled shall be the same with the
remaining term of the present Council;
(f) The Patron Body of the Council shall form a new Council within 60 days from the expiry date
of the term of the present Council and handed over the duties.
Chapter IV
Duties and Functions of the Council
9. The duties of the Council are as follows:
(a) declaring, from time to time, the degrees of engineering, degrees of technology, and the
diplomas in technology recognized by the Council;
(b) recognizing and refusing to recognize, for the purpose of issuing any kind of register
certificate under this law, the persons who obtain degree or diploma conferred by any
technological university, engineering university, technological college and institute of local and
abroad, or by any organization or institution relating to engineering recognized by the Council;
(c) determining for the purpose of issuing any kind of register certificate under this law,
necessary professional qualifications which are required to be acquired by the persons holding
degree and diploma recognized by the Council;
(d) determining ethics to be followed by the engineers, graduate technicians, technicians, and
supervising, inquiring and taking actions for the observance of ethics;
(e) studying and assessing and scrutinizing to enable to observe and upgrade the qualification
and standard of the engineers, graduate technicians and technicians, cooperating and
coordinating with the Government departments, Government organizations, non-governmental
organizations;
(f) scrutinizing and issuing register certificate, compiling and keeping record of the registration
list and issuing from time to time;
(g) tendering advice to, assisting and cooperating with the Focal Ministry and other relevant
Union Ministries, other organizations in respect of compiling necessary, standards basic norms of
work, engineering procedures and technical procedures which are required to uphold and
upgrade the quality and standard of works relating to engineering and technology;
(h) tendering advice to, assisting and cooperating with, the Focal Ministry and other relevant
Union Ministries after studying and assessing the developing and changing education and
systems internationally on engineering and technology to upgrade the standard of engineering
and technological education to produce qualified engineers, graduate technicians and
technicians;

(i) tendering advice and assisting as may be required to the Focal Ministry, other relevant Union
Ministries and other organizations to enable to obtain continuing education and training the
engineers, graduate technicians and technicians as an requirement for professional proficiency
and holding in the leading role, the theoretical and practical trainings, workshops and
conferences for sustainable development, arranging for the engineers to attend representing the
State the meetings and conferences held by international and regional bodies;
(j) tendering advice to and assisting the Focal Ministry, other relevant Union Ministries and other
organizations in respect of research and development activities for promoting the engineering
and technological standard;
(k) replying the approval to the relevant ministries and government organizations after
scrutinizing in accord with the permission or directive of the Focal Ministry whether or not it is
in conformity with the stipulated procedures, standards and basic norms of work, concerning the
local and foreign consultant engineers, engineering and technological business companies,
organizations, contractors and companies which are operating contract business within
Myanmar;
(l) forming in accord with this Law and with the permission of the Focal Ministry an office staff
headed by the chief registrar to enable to perform the functions and duties of the Council and
Executive Committee;
(m) carrying out other functions and duties assigned by the Focal Ministry, from time to time, for
the successful implementation of the objectives of the Council.
10. The powers of the Council are as follows:
(a) forming the following working committees and determining functions and duties there of:
(i) Register Certificate Assessment Working Committee;
(ii) Engineering Discipline Accreditation Working Committee;
(iii) Working Committee for retaining ethics;
(iv) Working Committee for Disciplinary;
(v) Working Committee for Preparing Standardizations, Basic Norms of Work and
Engineering Procedures;
(vi) Working Committee for Engineering Sustainable, Study Programme;
(vii) Working Committee for Accreditation of Engineering Companies and
Organizations;
(viii) Other working committees which are appropriate to form according to necessity.
(b) forming working groups for each specialized engineering discipline;
(c) issuing, refusing to issue, revoking and cancelling within the limited period of the register
certificate;
(d) determining specific exemptions and determining necessary regulations and by- laws relating
to issuing of register certificate;
(e) determining the term, extending the term and refusing to extend the term relating to the
register certificate;

(f) determining registration fee, fee for extension of the term of registration and over-due fee for
the failure to extend the term of registration;
(g) communicating, and cooperating carrying out the which shall be beneficial for the State, with
the international, regional and engineers from local and abroad and technologists.
11. The Council may assign its duties and powers to the Executive Committee to enable to
implement effectively the objectives contained in this Law.
12. The Council may form and assign duty to the office staff headed by the chief registrar as may
be necessary so as to enable to carry out the functions and duties of the Council and Executive
Committee. When branch staff offices of the Council are required to be opened in Regions and
States, of branch staff offices headed by each register may be formed and assigned duty as may
be necessary.
Chapter V
Termination from Being the Council Member
13. The Council shall, at the proposal of the Executive Committee, terminate a Council member
from being the member of the Council on occurrence of any of the following causes:
(a) resignation;
(b) failing to attend three consecutive meetings without asking leave to the Council;
(c ) keeping untouched with the Council for six months and above without asking leave
to the Council;
(d) being revoked the register certificate for a limited period or being cancelled from the
register;
(e) being convicted for a term of imprisonment because of the commission of any offence
relating to character;
(f) being examined and found by the Council as being morally misconduct;
(g) being unable to carry out functions and duties of the Council for suffering mental
disease, deteriorating of memory or defecting bodily organ; or any other causes;
(h) death.
Chapter VI
Convening of the Meetings
14. The meetings shall be convened and carried out in accord with the stipulations as follows:
(a) convening regular meeting of the Council at the minimum of once in three months
and holding special meeting as may be necessary;
(b) convening meeting of the Executive Committee at the minimum of once a month and
holding special meeting as may be necessary;
(c) calling for special meeting if a minimum of one-fourth ( 25 per cent) of the number of
Council members request by official letter to do so.
15. The Executive Committee shall submit the activities of the Committee to the nearest meeting
of the Council and obtain its approval.

16. The Council shall inform and submit its activities to the Focal Ministry from time to time.
Chapter VII
Finance
17. The Council, for enabling to implement the provisions of this Law, shall raise a fund with
following incomes:
(a) registration fee, annual fee, over-due fee and other entitled incomes;
(b) donations and contributions from organizations and, donors of local and abroad;
(c) official interests of the fund.
18. The Council shall:
(a) endeavor to stand solely on its own fund;
(b) request to bear from the Union fund through the Focal Ministry when not adequate to
stand on its fund with the approval of the Union of Government.
19. The Council shall carry out systematically of the financial activities in accord with the
existing financial regulations, by-laws and directives.
Chapter VIII
Application and Issue of Graduate Technician Register Certificate, Technician Register
Certificate
20. A holder of a technology degree or diploma in technology conferred by a local or foreign
engineering university, university of technology, or by a technical college and institute, desirous
to obtain the graduate technician register certificate or technician register certificate, shall submit
an application to the Council in accord with the stipulations.
21. (a) The Executive Committee may carry out issuing the graduate technician register
certificate, technician register certificate if it is allowed, on behalf of the Council, after
scrutinizing the application under section 20 by causing to pay stipulations, or refusing to issue
the graduate technician register certificate, technician register certificate if it is not allowed.
(b) In issuing the graduate technician register certificate, technician register certificate under subsection (a), the term of such graduate technician register certificate, technician register certificate
shall be prescribed.
22. The person who obtains graduate technician register certificate, technician register certificate
desirous to renew the term of his graduate technician register certificate, technician register
certificate shall apply to the Council sixty days in advance before the expiry of the term. If it has
been over the period stipulated as such, may apply after paying the over-due fee in accord with
the stipulations.
23. The Executive Committee may, on behalf of the Council, carry out renewal of graduate
technician register certificate, technician register certificate after causing to pay stipulated
renewal fee if an application under section 22 is allowed in accord with the stipulations after
scrutiny, or refusing to renew if it is not allowed.

24. (a) The person who obtains the registered technician certificate shall, when the stipulated
period is fulfilled, apply to the Council to obtain the registered graduate technician certificate in
accord with the stipulations.
(b) The Executive Committee shall, on behalf of the Council, issue, specifying terms and
conditions, registered graduate technician certificate to a registered technician who has passed
the examinations pertaining to specific discipline, conducted by the Council and has fulfilled the
stipulated qualifications of a registered graduate technician.
25. (a) The person who obtains the registered graduate technician certificate shall, when the
stipulated period is fulfilled, apply to the Council to obtain the registered engineer certificate in
accord with the stipulations.
(b) The Executive Committee shall, on behalf of the Council, issue, specifying terms and
conditions, registered engineer certificate to a registered graduate technician who has passed the
examinations pertaining to specific discipline, conducted by the Council and has fulfilled the
stipulated qualifications of a registered engineer.

Chapter IX
Application and Issue of Engineer Registration Certificate
26. A person who has obtained a degree of engineering conferred by any local or foreign
university of engineering or university of technology or a person who has obtained a recognition
certificate issued by any relevant department and organization relating to engineering and
recognized by the Council, and who has fulfilled the qualifications stipulated by the Council,
desirous of obtaining the registered engineer certificate, shall apply to the Council in accord with
the stipulations.
27. (a) The Executive Committee may, on behalf of the Council, issue the registered engineer
certificate if it is allowed after scrutinizing the application under section 26 in accord with the
stipulations and causing the registration fees to be paid or refuse to issue the registered engineer
certificate unless it is allowed.
(b) In issuing the registered engineer certificate under sub-section (a), the term of such registered
engineer certificate shall be prescribed.
28. (a) The person who has obtained the registered engineer certificate shall, when the stipulated
period is fulfilled, apply to the Council to obtain the registered senior engineer certificate in
accord with the stipulations.
(b) The Executive Committee shall, on behalf of the Council, issue, the registered senior
engineer certificate to a person who has passed the examinations pertaining to specific discipline,
conducted by the Council and has fulfilled the stipulated qualifications of a registered senior
engineer by specifying terms and conditions.
29. (a) The person who has obtained the registered senior engineer certificate shall, when the
stipulated period is fulfilled, apply to the Council to obtain the registered professional engineer
certificate in accord with the stipulations.
(b) The Executive Committee shall, on behalf of the Council, issue the registered
professional engineer certificate to a person who has fulfilled the stipulated qualifications by
specifying terms and conditions.
30. (a) If foreign engineer applies to the Council to issue the registered limited engineer
certificate in accord with the stipulations the Executive Committee may, on behalf of the
Council, issue the registered limited engineer certificate under this Law and causing the
registration fees and annual fees to be paid by the applicant after specifying permitted type and
degree of engineering, permitted area, permitted period and other conditions.
(b) If registered foreign professional engineers apply to the Council to issue the registered
professional Limited engineer certificate in accord with the stipulations according to the plan of
ASEAN mutual recognition of engineering the Executive Committee may, on behalf of the
Council, issue the registered limited engineer certificate under this Law and causing the
registration certificate under this Law and causing the registration fees and annual fees to be paid

by the applicant after specifying permitted type and degree of engineering, permitted area,
permitted period and other conditions.
Chapter X
Duties and Rights of the Engineers, Graduate Technicians and Technicians who
obtain Register Certificate
31. The engineers, graduate technicians and technicians who obtain the register certificates:
(a) shall abide by the rules, procedures, orders and directives issued under this Law;
(b) shall follow and maintain the ethics of the engineers, graduate technicians and
technicians stipulated by the Council;
(c) has the right to practice legally the stipulated engineering and technological works
which are relevant discipline to his/her profession;
(d) has the right to use the designations which may be used against his name in accord
with the stipulations according to the relevant register certificate which he/she has
obtained;
(e) has the right to tender advice to the Council for the development and success of the
functions and duties of the Council;
(f) has the right to submit his grievances to the Council and receive the advice of the
Council.
32. The engineers, graduate technicians, technicians who have obtained the register certificates
shall comply with the relevant regulations and by-laws, apart from the duties and rights involved
with the sub-sections (a) to (f) of section(31).
33. The Professional Engineer who has obtained registration certificate has the right to be elected
as the Council member if he/she has fulfilled the qualifications stipulated by the Council.
Chapter XI
Taking Administrative Action
34. The Executive Committee may, if it finds the violation of any of the provisions of this Law,
or any prohibition of rules, orders and directives issued under this Law, or any condition
mentioned in the register certificate by any person who has obtained the register certificate,
impose any of the following administrative penalties against him/her:
(a) warning;
(b) causing to pay the stipulated fine;
(c) suspending the register certificate for a limited period;
(d) cancelling the register certificate.
Chapter XII
Appeal
35. A person who is dissatisfied with any administrative penalty or decision passed by the
Executive Committee may appeal to the Council within 60 days from the day of the receipt of
such penalty or decision.

36. The Council may, in an appeal under section 35, approve, amend or cancel the penalty or
decision of the Executive Committee.
Chapter XIII
Prohibitions and Penalties
37. Any person without the register certificate issued by the Council, except engineering civil
service personnel appointed at the Government departments and Government organizations
carrying out the public works, shall not practice engineering and technical works which may
endanger the public safety and which are stipulated under the rules made under this Law.
38. Any engineer, graduate technician or technician shall not use against his/her name the titles,
designations or expressions which are inconsistent with his/her level.
39. Any engineer, graduate technician or technician who has obtained the register certificate:
(a) shall not transfer or cause to use his register certificate to any other person;
(b) shall not, if it is imposed penalty or passed decision by the Council to cancel his
register certificate, fail to return it to the Council within 30 days from the date of such
penalty or decision in accord with this Law.
40. Any person who violates any prohibition contained in section 37 shall, on conviction, be
punished with imprisonment for a term not exceeding two years or with fine or with both.
41. Any engineer, graduate technician and technician who has obtained the register certificate
violates the prohibition contained in section 38 shall, on conviction, be punished with
imprisonment for a term not exceeding one year or with fine or with both.
42. Any engineer, graduate technician and technician who has obtained the register certificate
violates the prohibition contained in section 39 shall, on conviction, be punished with
imprisonment for a term not exceeding one year or with fine or with both.
43. Any engineer, graduate technician and technician who has obtained the register certificate
violates any prohibition issued under this Law shall, on conviction, be punished with
imprisonment for a term not exceeding six months or with fine or with both.
Chapter XIV
Miscellaneous
44. The register certificate issued by the Myanmar Engineer Inspection Board to any engineer
and its term shall be deemed as the register certificate issued under this Law and its term.
45. A member of the Council, a member of the Executive Committee and a member of the
relevant working groups formed under section 10(b) who is not a civil service personnel shall be
deemed as the public servant when he/she is serving the functions and duties contained in this
Law.

46. The Council members and Executive Committee members who are not civil service
personnel shall, with the approval of the Union Government, entitle to enjoy the allowance and
benefits specified by the Focal Ministry:
(a) having the right of benefits specified by the Focal Ministry from time to time;
(b) having the benefit of actual cost for travelling allowance and daily allowance
specified by the Focal Ministry from time to time if they have to travel on duty;
(c) having the benefit of allowance specified by the Focal Ministry from time to time if
they have to attend the meetings concerned with the Council.
47. In prosecuting with any offence under this Law, the prior sanction of the Focal Ministry shall
be obtained.
48. Any member of the Council, Executive Committee and Working Committee shall not be born
responsible under civil or criminal action if it is obvious that any function is performed in good
faith under this Law.
49. The engineers, graduate technicians and technicians who are appointed at the Government
departments and Government organizations from the date of the enactment of this Law, may
apply to the Council in accord with the relevant procedures to obtain register certificates.
50. The Focal Ministry shall, coordinate, and assist the necessities for the implement action of
the functions and duties contained in this Law by the Council effectively.
51. The Council may, in accord with the existing laws undertake, the donations, technical and
other assistance from the organizations and donors, in local and abroad.
52. In implementing the provisions contained in this Law:
(a) the Focal Ministry coordinates with the Council and may, with the approval of the
Union Government, issue necessary rules, regulations and by-laws;
(b) the Council may, with the approval of the Focal Ministry, issue necessary
notifications, orders, directives and procedures.
I hereby sign under the Constitution of the Republic of the Union of Myanmar.
Sd/
Thein Sein
President
The Republic of the Union of Myanmar
Comparison between the Engineering Law of Myanmar and Philippines:
Myanmar Engineering Council Law

Practice There are several


registrations under this law which

Republic Act 9292 (Electronics Engineering


Law of 2004)

Practice There are three registrations


under this law which are the

corresponds to different purpose and


function. It consists of the following:
Registered Engineer, Registered
Senior
Engineer,
Registered
Professional Engineer, Registered
Limited Engineer, Registered Limited
Professional Engineer

PECE(Professional
Electronics
Engineer), ECE(Electronics Engineer)
and ECT(Electronics Technician))

Composition of the Board The


equivalent of the Board is the Patron
Body of the Myanmar Engineering
Council which composed of not more
than seven suitable senior engineers
from the Union Ministries, Government
departments, Government organizations
and non-governmental organizations
relating to engineering work and
comprised of 60 council members.

Composition of the Board Consists of


(1) chairman and (2) board members
who shall be appointed by the President
of the Philippines from the (3)
recommendees per position chosen and
ranked by the Commission which
recommendees shall in turn be chosen
from the (5) nominees for each
position.

Meeting and Finance There should be


a minimum of once in three months and
a special meeting for the council and
the fund must raise from the
registration fee, annual fee and other
fees also the donations and interests of
the fund.

There is no corresponding meeting and


finance for the board members of ECE.

Renewal of Graduate Certificate


He/She must apply to the council sixty
days before the expiration of the term.

Renewal of Graduate Certificate In


the Philippines, after three years, he/she
can renew his/her license in the
PRC(Professional
Regulations
Commission)

Appeal He/she can appeal to the


council within 60 days from the day of
the receipt of such penalty or decision
if he/she is dissatisified with the
council.

Appeal He/she doesnt have the


power to appeal because there are rules
need to obey from the board members
powers and functions.

Penalty He/She who violates the


probation will be imprisoned for a term
not exceeding two years with fine or
both.

Penalty He/ She who violates will be


provided by a fine of not less than
100,000 pesos or not more than
1,000,000 pesos, or by imprisonment of
not less than 6 months nor more than

six years.

REGISTRATION OF ENGINEERS
ACT 1967
(Incorporating amendments up to 2007)
LAWS OF MALAYSIA ACT 138
REGISTRATION OF ENGINEERS ACT 1967
(Revised 2007)
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement.
2. Interpretation.
PART II
BOARD OF ENGINEERS
3. Establishment of Board of Engineers.
4. Functions of the Board.
PART III
REGISTRATION OF ENGINEERS
5. Register.
6. Appointment and duties of Registrar.
7. Restrictions on unregistered persons, Graduate Engineers, etc.
7A. Engineering consultancy practice.
7B. A body corporate providing professional engineering services, architectural
consultancy services and/or quantity surveying services.
8. Only Professional Engineer and Engineering consultancy practice may
submit plans, drawing, etc.
9. Registered Engineers, etc., subject to this Act.
10. Qualifications for registration.
10A. Registration of Temporary Engineers.
10B. Registration of Accredited Checker.
11. (Repealed by Act A132.)
12. Application for registration.
13. Certificate of registration.
14. Notification of change of address.

PART IIIA
DISCIPLINARY COMMITTEE
14A. Establishment of Disciplinary Committee.
14B. Powers of Disciplinary Committee.
14C. Proceedings of the Disciplinary Committee.

PART IV
CANCELLATION, REMOVAL, REINSTATEMENT, ETC.
Section
15. Cancellation of registration, etc.
16. Removal from Register.
17. Reinstatement.
18. Certificates to be returned.
PART V
GENERAL
19. Appeal.
20. Appeal Board.
21. Tenure of office of members of the Appeal Board.
22. Procedure of appeal.
23. Procedure of Appeal Board.
24. Penalties for obtaining registration by false pretences, etc.
24A. Restriction on employment of unregistered person to provide professional
engineering services.
24B. Investigating Committee and its powers.
25. General Penalty.
26. Regulations.
26A. Authorization by President.
27. Saving as to right of Government.
28. Indemnity.
29. Appointment of advocate and solicitor.
FIRST SCHEDULE
SECOND SCHEDULE
Act 138
REGISTRATION OF ENGINEERS ACT 1967
(Revised 2007)
An Act to provide for the registration of engineers, and sole proprietorships, partnerships and
bodies corporate providing professional engineering services and for purposes connected
therewith.
[23 August 1972, P.U. (A) 253/1972]

PART I
PRELIMINARY
Short title and commencement.
1. (1) This Act may be cited as the Registration of Engineers (Amendment) Act 2007.
(2) (Omitted)
(3) This Act comes into operation on a date to be appointed by the Minister by
notification in the Gazette.
2. In this Act unless the context otherwise requires "Accredited Checker" means a person registered under section 10B;
"appointed date" means the date appointed for the commencement of this Act;
"architectural consultancy practice has the meaning assigned to it in the
Architects Act 1967
"Board" means the Board of Engineers established by subsection 3(1);
"body corporate providing professional engineering services means a body
corporate, incorporated under the Companies Act 1965 [Act 125], which provides
professional engineering services;
"Engineering consultancy practice" means a sole proprietorship, partnership or
body corporate, providing professional engineering services, registered under
section 7A or 7B;
''firm or body corporate practising as consulting Quantity Surveyors" has the
meaning assigned to it in the Quantity Surveyors Act 1967 [Act 487];
Graduate Engineer" means a person registered under subsection 10(1);
Minister means the Minister for the time being charged with the responsibility
for matters relating to works;
"prescribed" means prescribed by regulations made under section 26;
"Professional Architect" has the meaning assigned to it in the Architects Act 1967;
"Professional Engineer" means a person registered under subsection 10(2);
"professional engineering services" means engineering services and advice in
connection with any feasibility study, planning, survey, design, construction,
commissioning, operation, maintenance and management of engineering works or
projects and includes any other engineering services approved by the Board;
"Register" means the Register kept and maintained under section 5;
"registered Engineer" means a Graduate Engineer, Professional Engineer,
Temporary Engineer or Accredited Checker;
"registered Quantity Surveyor" has the meaning assigned to it in the Quantity
Surveyors Act 1967;
"Registrar" means the Registrar of Engineers appointed under subsection 6(1);
"Temporary Engineer" means a person registered under section 10.
PART II
BOARD OF ENGINEERS

3. (1) For the purposes of this Act there is hereby established a board to be called "Board of
Engineers" which shall be a body corporate with perpetual succession and a common seal and
which may sue and be sued.
(2) The Board shall consist of the following members who shall be Malaysian citizens and
who are appointed by the Minister:
(a) a President who shall be a Professional Engineer;
(b) not more than fourteen members who shall be Professional Engineers, five of
whom shall be from a nomination list submitted by the Council of the Institution of
Engineers (Malaysia);
(c) one member on the nomination of the Board of Architects from among
members of that Board established under the Architects Act 1967; and
(d) one member on the nomination of the Board of Quantity Surveyors from
among members of that Board established under the Quantity Surveyors Act
1967.
(2A) (Deleted)
(3) The members of the Board referred to in paragraph (2)(b) shall consist of the
following:
(a) not more than five Professional Engineers who are in the public service of the Federation;
(b) not more than two Professional Engineers who are in the service of any local authority or
statutory authority;
(c) not more than five Professional Engineers who are employees, sole proprietors, partners
or directors of an engineering consultancy practice; and
(d) not more than two Professional Engineers who are employees of any person or body of
persons, not being in the public service of the Federation or in the service of any local
authority or statutory authority.
(4)

A member of the Board, including the President shall, unless he sooner resigns or his
appointment is revoked, hold office for a term not exceeding three years and subject to
subsection (5) shall be eligible for reappointment.
(5) A member of the Board, including the President, shall not be appointed for more than five
consecutive years.
(6) If any member of the Board dies or resigns or his appointment is revoked, a new member
shall as soon as practicable be appointed in his place and the member so appointed shall hold
office for the remainder of the term for which his predecessor was appointed.
(7) The provisions of the First Schedule shall have effect with respect to the Board.
4.(1) The functions of the Board shall be (a) to keep and maintain the Register;
(b) to approve or reject applications for registration under this Act or to approve any such
application subject to such conditions or restrictions as it may deem fit to impose;

(c) to order the issuance of a written warning or reprimand, the imposition of a fine,
suspension, cancellation, removal or reinstatement in accordance with Parts III and IV;
(d) to fix from time to time with the approval of the Minister the scale of fees to be charged
by registered Engineers and Engineering consultancy practices for professional engineering
services rendered;
(e) to hear and determine disputes relating to professional conduct or ethics of registered
Engineers or to appoint a committee or arbitrator or arbitrators to hear and determine such
disputes;
(ea) to act as a stakeholder in a contract for professional engineering services, when
requested;
(eb) to employ any person, as it deems necessary, to assist the Board in carrying out its
functions, powers and duties subject to such terms and conditions as it may determine;
(ec) to provide facilities for the promotion of learning and education and to hold or cause to
be held professional development programmes, including continuing professional
development programmes, for registered Engineers to further enhance their knowledge in the
latest developments relating to that profession;
(ed) to appoint a committee consisting of persons to be determined by the Board, to conduct
examinations or to cause examinations to be conducted by an institution recognized by the
Board for the purpose of admission to the profession;
(ee) to appoint any person to represent the Board in any committee, panel or institution,
where that person would subsequently make recommendations to the Board on all matters
regarding the qualifying for admission to the profession;
(ef) to appoint a body consisting of members from the Board, Professional Engineers and
other persons as may be determined by the Board to advise the Government and the public on
matters relating to engineering education, including the certification of such programmes;
(f) to determine and regulate the conduct and ethics of the engineering profession; and
(g) generally, to do all such acts, matters and things as are necessary to carry out the
provisions of this Act.
(2) Without prejudice to the general powers conferred by subsection (1) the Board shall
have power (a) to purchase or lease any land or building required for any of the purposes of the Board;
(b) from time to time to borrow or raise money by bank overdraft or otherwise for the
purposes specified in paragraph (a); and
(c) to lease out, dispose, or otherwise deal in any immovable property of the Board.
PART III
REGISTRATION OF ENGINEERS
5. (1) The Register shall be in five Parts, that is to say (a) Part A - which shall contain the names, addresses and other particulars of Professional
Engineers;
(b) Part B - which shall contain the names, addresses and other particulars of Graduate
Engineers;
(c) Part C - which shall contain the names, addresses and other particulars of Temporary
Engineers;

(d) Part D which shall contain the names, addresses and other particulars of Engineering
consultancy practices; and
(e) Part E - which shall contain the names, addresses and other particulars of
Accredited Checkers.
(2) There shall be indicated against the name of each registered Engineer or Engineering
consultancy practice kept in the Register the branch or branches of engineering in which he or it
is qualified to practise and particulars of any conditions or restrictions imposed by the Board
under subsection 7A(3), 7B(1) or 10A(1), or paragraph 4(1)(b).
6. (1) The Minister may appoint a Registrar of Engineers who shall be under the general
direction of the Board and who shall sign all certificates of registration and their renewal, and
orders of the Board or Disciplinary Committee, and record all entries of registration, suspension,
cancellation, removal and reinstatement in the Register.
(2) The Registrar shall publish in either the Gazette or at least two national newspapers, in the
national language and the English language, the name, address, registration number and other
particulars of
(a) a registered Engineer whose registration has been (i) by an order of the Disciplinary Committee (A) suspended under subsection 15(3) or paragraph 15(1A)(c); or
(B) cancelled under paragraph 15(1A)(d);
(ii) removed under section 16; or
(iii) reinstated under section 17; or
(b) an Engineering consultancy practice whose registration has been (i) by an order of the Board (A) suspended under subsection 15(3) or paragraph 7A(5)(cc); or
(B) cancelled under subsection 7B(3) or paragraph 7A(5)(dd);
(ii) removed under section 16; or
(iii) reinstated under section 17 or subsection 7A(8).
(2A) The publication under subsection (2) shall be made (a) as soon as possible after the order of the Board or Disciplinary Committee is made, if
there is no appeal to the Appeal Board against that order; or
(b) as soon as possible after the order of the Board or Disciplinary Committee is confirmed
by the Appeal Board, if there is an appeal filed against that order.
(3) In any proceedings, a certificate of registration shall be conclusive proof that the person, sole
proprietorship, partnership or body corporate named in it is a registered Engineer or an
Engineering consultancy practice.
(4) The Registrar may annually publish and offer for sale copies of the Register.
7.(1) No person shall, unless he is a Professional Engineer(a) practise, carry on business or take up employment which requires him to carry out or
perform professional engineering services;
(aa) be entitled to describe himself or hold himself out under any name, style or title (i) bearing the words "Professional Engineer" or the equivalent thereto in any other
language;
(ii) bearing any other word whatsoever in any language which may reasonably be construed
to imply that he is a Professional Engineer;

or
(iii) using the abbreviation Ir. before his name or the abbreviation P.Eng. after his name
or in any way in association with his name;
(b) use or display any sign, board, card or other device representing or implying that he is a
Professional Engineer;
(c) be entitled to recover in any court any fee, charge, remuneration or other form of
consideration for any professional engineering services rendered; or
(d) use the stamp as prescribed in the Second Schedule.
(2) Notwithstanding subsection (1) (a) a Graduate Engineer may, subject to section 8, take up employment which requires him to
perform professional engineering services; and
(b) a person who is a Professional Engineer by virtue of paragraph 10(2)(iii) as in force on
the appointed date and who, on the 1st March, 1974, was not practising as an engineer in
private practice shall not, at any time after that date, so practise unless
(i) he holds a certificate from the Board that he has obtained a professional qualification
approved by the Board; or
(ii) he is a Corporate Member of the Institution of Engineers (Malaysia).
(3) Where a person holds a certificate (a) issued under the Electricity Supply Act 1990 [Act 447], the Factories and Machinery Act
1967 [Act 139] or any other written law or any regulations made thereunder, certifying him to
possess a qualification prescribed for the purposes of those Acts or other written law; or
(b) issued by any person, body, authority or institution specified from time to time by the
Board by notification in the Gazette, certifying him to hold a qualification for the purposes of
any vocation, nothing in subsection (1) shall prohibit such person (c) to carry on any practice or business or take up any employment that requires the
certificate or that is authorised or enabled thereby to be carried on or taken up;
(d) to do so under whatever name or title he may use by virtue of being the holder of the
certificate; or
(e) to recover in any Court any fee, charge, remuneration or other form of consideration for
any advice or services rendered pursuant to his practice, business or employment carried on
or taken up by virtue of the certificate, subject to such restrictions as may be imposed in the
certificate.
7A. (1) Notwithstanding subsection 7(1), a sole proprietorship, partnership or body corporate
may practise as an Engineering consultancy practice and recover in any court any fee, charge,
remuneration or other form of consideration for any professional engineering services rendered
by it pursuant to its practice as an Engineering consultancy practice carried on by virtue of this
section, if it is registered with the Board as an Engineering consultancy practice and has been
issued with a certificate of registration
(2) Every application by a sole proprietorship, partnership or body corporate for registration as
an Engineering consultancy practice shall be made to the Board in the prescribed form and
manner and shall be accompanied by the prescribed fee.
(3) The Board shall register a sole proprietorship, partnership or body corporate as an
Engineering consultancy practice, subject to such conditions and restrictions as it may deem fit
to impose, if
(a) in the case of the sole proprietorship, the sole proprietor is a Professional Engineer;

(b) in the case of the partnership, all the partners are Professional Engineers; or
(c) in the case of the body corporate, it (i) has a board of directors comprising persons who are Professional Engineers;
(ii) has shares held by members of the board of directors mentioned in subparagraph (i)
solely or with any other persons who are Professional Engineers; and
(iii) has a minimum paid-up capital which shall be of an amount to be prescribed by the
Board.
(4) An Engineering consultancy practice shall, within thirty days of the occurrence of any
change of its sole proprietorship, or the composition of its partners, board of directors or its
shareholders, furnish to the Board a true report in writing giving full particulars of the change.
(4A) An Engineering consultancy practice may only provide professional engineering services
in the branch or branches of engineering in which the sole proprietor, partner or a member of the
board of directors of that practise is qualified to practice and as is shown in the Register under
subsection 5(2).
(5) If the Board finds that (a) the Engineering consultancy practice or sole proprietor or any partner, director or
shareholder has breached, or failed to comply with or carry out, any of the terms, conditions
or restrictions imposed by the Board upon registration of that Engineering consultancy
practice;
(b) the composition of the partners, board of directors or shareholders of the Engineering
consultancy practice does not comply with section 7B or subsection (3);
(c) the Engineering consultancy practice has breached any of the requirements of subsection
(4); or
(d) the sole proprietor or any partner, director, shareholder or employee of an Engineering
consultancy practice, being a person registered under this Act, has committed, or is guilty of,
or has contributed to, any of the acts or things set out in (i) paragraph 15(1)(a); or
(ii) paragraphs 15(1)(b) to (o) (except paragraphs (e) and (f)), the Board may, subject to
subsection (6), by written notice to the Engineering consultancy practice, order
(aa) the issuance of a written warning or reprimand to;
(bb) the imposition of a fine not exceeding fifty thousand ringgit on;
(cc) the suspension of the registration for a period not exceeding two years of;
(dd) the cancellation of the registration of; or
(ee) any combination of the sanctions set out in paragraphs (aa) to (dd) on, the
Engineering consultancy practice.
(6) (a) The Board shall not make any order under paragraphs (5)(aa) to (ee) based upon any of
the grounds of complaint set out in paragraph (5)(a), (b) or (c), or subparagraph (5)(d)(ii) unless (i) there has been a hearing of the grounds of complaint against the Engineering
consultancy practice, sole proprietor or any of its partners, directors, shareholders or
employees who has caused, contributed or been a party to, the grounds of complaint,
conducted by at least five members of the Board; and
(ii) an opportunity to be heard, by representative appointed in writing or by counsel in
the case of an Engineering consultancy practice, or personally or by counsel in the case
of a sole proprietor or any partner, director, shareholder or employee has been given to
such Engineering consultancy practice, sole proprietor, partner, director, shareholder or

employee, as the case may be.


(aa) Notwithstanding paragraph (a), the Board may make an order under paragraphs (5)
(aa) to (ee) if the Disciplinary Committee has under paragraph 15(1A)(c) or (d)
suspended or cancelled the registration of (i) a sole proprietor;
(ii) one of the partners in a partnership comprising only two partners; or
(iii) one of the directors in the board of directors of a body corporate
comprising only two directors.
(b) In any case where the grounds of complaint are based on paragraph (5)(d), the Board
shall not make an order under paragraphs (5)(aa) to (ee) if, on the date of hearing, such
Engineering consultancy practice satisfies the Board (i) that the partner, director, shareholder or employee who has committed, or is guilty of,
or has contributed to, such act or thing as forms the grounds for the complaint has
ceased to be a partner, director, shareholder or employee of such Engineering
consultancy practice;
(ii) that notwithstanding that such partner, director, shareholder or employee has ceased
to be a partner, director, shareholder or employee, such Engineering consultancy practice
is able to comply with all the terms, conditions and restrictions imposed by the Board
pursuant to section 7B or subsection (3); and
(iii) that no other partner, director, shareholder or employee of such Engineering
consultancy practice was, otherwise than by being its partner, director, shareholder or
employee at the material date, in any way a party to, or connected with, the act or thing
as forms the grounds for the complaint.
(7) Upon the Board suspending or cancelling the registration of an Engineering consultancy
practice pursuant to paragraph (5)(cc) or (dd), respectively, the Engineering consultancy practice
shall cease to exercise any right or privilege conferred upon it under the registration, but it shall
be entitled to recover in any court any fee, charge, remuneration or other form of consideration
for professional engineering services rendered by it prior to the date of receipt of the written
notice from the Board suspending or cancelling its registration.
(8) (a) Without prejudice to section 17, the Board may at any time upon receipt of an application
from an Engineering consultancy practice whose registration has been suspended or cancelled
pursuant to paragraph (5)(cc) or (dd), respectively, reinstate its registration if it is satisfied that (i) the reason which led to the suspension or cancellation of its registration no longer
exists; and
(ii) the Engineering consultancy practice, at the time of such application, complies with
the terms, conditions and restrictions imposed by the Board pursuant to section 7B or
subsection (3) at the time of the original registration.
(b) In reinstating the registration under paragraph (a) the Board may impose such
additional terms, conditions and restrictions as it thinks fit.
(9), (10), (11), (12) [Deleted]
7B. (1) Where a body corporate carries on a practice of providing professional engineering
services, architectural consultancy services and/or quantity surveying services, the Board may,
subject to such conditions or restrictions as it may deem fit to impose, register that part of the
practice providing professional engineering services.

(2) The body corporate that applies for registration under subsection (1) must be incorporated
under the Companies Act 1965 and
(a) has a board of directors comprising Professional Engineers, Professional Architects
and/or registered Quantity Surveyors;
(b) has shares held by the persons mentioned in paragraph (a) and any of the following
persons and/or bodies corporate where
(i) the Professional Engineers, Professional Architects, registered Quantity Surveyors,
bodies corporate providing professional engineering services, bodies corporate providing
architectural consultancy services and/or bodies corporate practising as consulting
Quantity Surveyors hold a minimum combined share of 70% of the overall equity of that
body corporate, of which the Professional Engineers and/or bodies corporate providing
professional engineering services hold a minimum share of 10%; and
(ii) any other persons, including persons belonging to a profession allied to engineering,
architecture or quantity surveying, being a profession approved in writing by the board
regulating the profession of engineering, architecture or quantity surveying, respectively,
hold a maximum share of 30%, of the overall equity of the body corporate; and
(c) has a minimum paid-up capital which shall be an amount to be determined by the
Minister.
(3) Notwithstanding paragraph 7A(5)(b), where in a body corporate registered under
subsection (1)
(a) the minimum shareholdings of a Professional Engineer and/or body corporate providing
professional engineering services is less than the percentage stipulated in subparagraph (2)(b)
(i); or
(b) the minimum combined shareholdings of a Professional Engineer, Professional Architect,
registered Quantity Surveyor, body corporate providing professional engineering services,
body corporate providing architectural consultancy services and/or body corporate practising
as consulting Quantity Surveyors is less than the percentage stipulated in subparagraph (2)(b)
(i), that body corporate shall, as soon as possible but not later than three months after such
change in shareholdings or within any extended period of time as may be approved by the
Board, increase the respective shareholdings so as to comply with the percentage as
stipulated in subparagraph (2)(b)(i), and if that body corporate fails to do so within the
stipulated time, the Board shall cancel its registration under this Act.
(4) For the purposes of this Act, the body corporate shall, upon its registration, be
deemed to be an Engineering consultancy practice.
8.(1)Except as otherwise provided under any other written law, no person or body, other than a
Professional Engineer who is residing and practising in Malaysia or an Engineering consultancy
practice providing professional engineering services in Malaysia, shall be entitled to submit
plans, engineering surveys, drawings, schemes, proposals, reports, designs or studies to any
person or authority in Malaysia.
(2) The right of a Professional Engineer or Engineering consultancy practice to submit plans,
engineering surveys, drawings, schemes, proposals, reports, designs or studies to any person or
authority in Malaysia is subject to any conditions or restrictions imposed by the Board under
section 7B, subsection 7A(3) or 10A(1), or paragraph 4(1)(b), and is restricted to the right to
submit such documents only in relation to the branch of engineering in which the Professional

Engineer including the Professional Engineer in an Engineering consultancy practice, is qualified


as shown by the entries made in the Register under subsection 5(2).
(3) Nothing contained in any written law shall prevent any Professional Engineer or
Engineering consultancy practice from making valuations of any structure, plant, machinery and
equipment, and making valuations for mining purposes, in connection with his or its professional
practice.
(4) Nothing in this section shall prohibit (a) any person who, on the appointed date, was registered with any Government
department, local authority or statutory authority for the purpose of submitting plans,
drawings, schemes, proposals, reports, designs or studies to that department or authority to
continue to submit them to that department or authority, subject to such terms and
conditions as may be or have been imposed under such registration;
(b) any person holding one of the certificates referred to in subsection 7(3) from continuing
to do all things which the certificate enables or authorizes him to do;
(c) any person from submitting plans or drawings where such plans or drawings are in
connection with equipment, plant or specialised product invented or sold by him or his
employer. For the purpose of this paragraph the expression "employer" shall not include a
client; and
(d) any person registered under section 10A from submitting plans, drawings, schemes,
proposals, reports, designs or studies to any person or authority in Malaysia, subject to such
conditions or restrictions as the Board may impose from time to time.
9. Every registered Engineer and Engineering consultancy practice shall be subject to this Act.
10. (1) (a) Subject to this Act, a person who holds
(i) the qualifications required for Graduate Membership of the Institution of
Engineers (Malaysia) and which are recognised by the Board; or
(ii) any qualification in engineering which is recognised by the Board, shall be
entitled on application to be registered as a Graduate Engineer.
(b) Subject to this Act, a person who is registered as a Graduate Engineer under
paragraph (a) shall be required to obtain such practical experience as may be prescribed
by the Board in order to be entitled to apply for registration as a Professional Engineer
under subsection (2).
(2) Subject to this Act, the following persons shall be entitled on application to be
registered as Professional Engineers:
(i) any person who (a) is registered as a Graduate Engineer and has obtained the practical experience as
prescribed under paragraph (1)(b);
(b) has passed a professional assessment examination conducted by the Board, or is a
Corporate Member of the Institution of Engineers (Malaysia); and
(c) has complied with all the requirements of the Board;
(ii) any person who, on the appointed date, was a Corporate Member of the Institution of
Engineers (Malaysia) or held a professional qualification which the Board considers to be
equivalent thereto;
(iii) any person who satisfies the Board that he was practising or was carrying on
business or was employed as a bona fide engineer immediately before the appointed date

and who applies for registration within twelve months of that date: Provided that a person
who comes within the scope of subsection 7(3), shall not be entitled to be registered
under this paragraph unless he holds a professional qualification recognised by the Board
for the purposes of this Act; and
(iv) any person who, on the appointed date, had obtained a qualification which would
have entitled him to be registered as a Graduate Engineer by virtue of paragraph (1)(a)
and who, after that date, has obtained outside Malaysia a professional qualification which
the Board considers to be equivalent to that required for Corporate Membership of the
Institution of Engineers (Malaysia), and has passed a professional assessment
examination conducted by the Board.
(3) For the purpose of paragraph (2)(iv), a person shall be treated as having obtained a
professional qualification outside Malaysia if, while undergoing the necessary course of
studies, receiving the necessary instruction and training, and acquiring the necessary practical
experience, he was entirely or mostly absent from Malaysia.
(4) Subject to this Act, only a citizen or a permanent resident of Malaysia may qualify for
registration as a Graduate Engineer or Professional Engineer and no person shall be entitled
to be registered as a Professional Engineer unless he is at the time of application for
registration, and has been for a period of not less than six months prior to the date of
application, residing in Malaysia.
(5) No person shall be entitled to be registered as a Professional Engineer if at any time prior
to his registration there exist any facts or circumstances which would have entitled the
Disciplinary Committee to cancel his registration pursuant to section 15.
(6) Subsections 17(3) and 19(1) shall apply mutatis mutandis to any person whose
application for registration has been rejected pursuant to subsection (5).
10A. (1) Subject to this section and such conditions or restrictions as the Board may think fit to
impose, the Board may, upon payment of the prescribed fee, approve the registration of a foreign
engineer as a Temporary Engineer.
(2) A foreign engineer may be considered for registration as a Temporary Engineer if
he satisfies the Board that (a) he possesses the necessary qualification which is recognised for the practice of
engineering as a professional engineer in the country where he normally practises;
and
(b) he possesses the necessary expertise and his physical presence is required in
Malaysia for not less than one hundred and eighty days in one calendar year or he is a
resident representative of the foreign component of a joint venture.
(3) The Board may approve the registration of a Temporary Engineer for such period not
exceeding one calendar year and may renew the registration as it deems fit.
(4) Any foreign engineer who is not satisfied with the decision of the Board in rejecting his
application for registration as a Temporary Engineer or the renewal thereof under this section
may within twenty-one days of being notified of the rejection, appeal to the Minister whose
decision thereon shall be final and shall not be subject to appeal.
(5) [Deleted]
(6) A foreign engineer whose registration has expired may apply for registration as a
Temporary Engineer subject to the provisions of this section.
(7) For the purpose of this section "foreign engineer" means an engineer who is not a citizen
or a permanent resident of Malaysia.

10B. (1) The Board may register a person as an Accredited Checker if


(a) he is a Professional Engineer registered in the relevant branch of engineering
approved by the Board;
(b) he has at least 10 years relevant practical experience in the design and
construction of buildings as defined in the Street, Drainage and Building Act 1974
[Act 133]; and
(c) he satisfies the Board that by virtue of his ability, standing in the profession,
special knowledge or practical experience, he is qualified to be registered under this
Act.
(2) No person shall, unless he is an Accredited Checker, perform the functions or duties as
may be prescribed under this Act.
11.(Deleted by Act A132)
12. Application for registration shall be made to the Board in such manner as may be prescribed
and accompanied by the prescribed fee.
13. (1) The Registrar shall upon receipt of the prescribed fee issue to any person, sole
proprietorship, partnership or body corporate whose application for registration has been
approved by the Board a certificate of registration in the prescribed form.
(2) Every certificate of registration, except the certificate of registration issued to a
Graduate Engineer, shall, subject to this Act, expire on the 31st day of December of the year in
which it is issued and may be renewed annually upon payment of the prescribed fee and upon
satisfying such conditions as may be determined by the Board.
14. Every registered Engineer and Engineering consultancy practice shall notify the Registrar of
any change in his or its business address.
PART IIIA
DISCIPLINARY COMMITTEE
14A. The Board shall appoint a Disciplinary Committee which shall consist of the following
members:
(a) a Chairman; and
(b) two other members, who have been registered as Professional Engineers for not less
than seven years.
14B. The Disciplinary Committee
(a) shall conduct hearings of any misconduct or complaint against any registered
Engineer referred to it by the Investigating Committee;
14C. (1) Where a member of the Board has been appointed as a member of the Disciplinary
Committee in pursuance of section 14A to conduct a hearing of any misconduct or complaint
against a registered Engineer, that member of the Disciplinary Committee shall not sit as a
member of the Board when the Board conducts a hearing or makes an order under subsection
7A(5) against an Engineering consultancy practice of which the registered Engineer is its sole
proprietor, partner, director, shareholder or employee.

(2) Subject to the provisions of this Act, the Disciplinary Committee may regulate its own
procedures in such manner as it deems fit.
PART IV
CANCELLATION, REMOVAL, REINSTATEMENT, ETC.
15. (1) The Disciplinary Committee may make any or any combination of the orders specified in
paragraphs (a) to (d) of subsection (1A) against a registered Engineer under any of the following
circumstances:
(a) if he is convicted of any offence, including offences involving false or negligent
certification, fraud, dishonesty or moral turpitude in Malaysia or elsewhere;
(b) if he offers or accepts any commission which in the opinion of the Disciplinary
Committee is an illicit commission;
(c) if whilst acting in his professional capacity, he at the same time without disclosing
the fact in writing to his client, is a sole proprietor, partner, director or member of or
substantial shareholder in or agent for any contracting or manufacturing company or
firm or business or has any financial interest in any such company or firm or business,
with which he deals on behalf of his client;
(d) if his registration under this Act has been obtained by fraud or misrepresentation;
(e) if his qualification under section 10 has been withdrawn or cancelled by the
Authority through which it was acquired or by which it was awarded;
(f) if he is found to be of unsound mind;
(fa) if he is found to be incapable or no longer able to perform his professional duties
effectively;
(fb) if he becomes a bankrupt;
(g) if he is found by the Disciplinary Committee to have contravened, or failed to
comply with this Act or any regulations made thereunder;
(h) if he fails to observe any conditions or restrictions subject to which he is
registered;
(i) if he is found guilty by the Disciplinary Committee of any act or conduct which in
the opinion of the Disciplinary Committee is infamous or disgraceful;
(j) if he procures, or assists in procuring, or is knowingly a party to procuring, by
fraud or misrepresentation, the approval of the Board for a sole proprietorship,
partnership or body corporate to be registered as an Engineering consultancy practice;
(k) if he conceals or assists in concealing from the Board the existence of any facts or
circumstances which, if known, would entitle the Board to cancel the registration of a
sole proprietorship, partnership or body corporate, in which he is a sole proprietor,
partner, director or shareholder, as an Engineering consultancy practice;
(l) if he contravenes, or fails to perform, or assists in the contravention of, any terms,
conditions or restrictions imposed by the Board when registering a sole
proprietorship, partnership or body corporate as an Engineering consultancy practice
under section 7B or subsection 7A(3);
(m) if he causes or permits or suffers any sole proprietorship, partnership or body
corporate in which he is a sole proprietor, partner, director or shareholder to practise
as an Engineering consultancy practice prior to its registration by the Board;
(n) if he causes or permits or suffers any Engineering consultancy practice in which
he is a sole proprietor, partner, director or shareholder to continue to practise as an

Engineering cunsultancy practice after the Board has suspended or cancelled its
registration under paragraph 7A(5)(cc) or (dd), respectively; or
(o) if he fails to discharge his professional duties with due skill, care and diligence.
(1A) The orders referred to in subsection (1) are (a) the issuance of a written warning or reprimand;
(b) the imposition of a fine not exceeding fifty thousand ringgit;
(c) the suspension of registration for a period not exceeding two years;
(d) the cancellation of registration.
(2) The Disciplinary Committee shall not make any order under subsection (1A), based upon
any of the circumstances set out in paragraphs (1)(b) to (d), or paragraph (1)(f) to (o), unless
an opportunity of being heard either personally or by a person appointed by the registered
Engineer has been given to the registered Engineer against whom the Disciplinary
Committee intends to make the order.
(3) The Disciplinary Committee or Board may, if it deems fit, suspend the registration of any
registered Engineer or Engineering consultancy practice, respectively, for a period not
exceeding six months pending any investigation by an Investigating Committee under this
Act and during the period of such suspension he or it shall not exercise any of the rights or
privileges accorded to him or it under this Act.
(4) The Disciplinary Committee or Board, as the case may be, may upon the recommendation
of the Investigating Committee suspend the registration of the registered Engineer or
Engineering consultancy practice mentioned in subsection (3) for a further period of three
months but not exceeding six months, if the Investigating Committee is unable to complete
the investigation of such registered Engineer or Engineering consultancy practice within the
period of suspension stipulated in subsection (3).
16. There shall be removed from the Register the name and other particulars of
(a) any registered Engineer who has died, or Engineering consultancy practice which has
ceased to practise;
(b) any registered Engineer, other than a Graduate Engineer, or Engineering consultancy
practice who has failed to renew his or its registration within one month of the expiry of
the registration;
(c) any registered Engineer whose registration has been cancelled under paragraph
15(1A)(d) or any Engineering consultancy practice whose registration has been cancelled
under subsection 7B(3) or paragraph 7A(5)(dd); or
(d) any registered Engineer or Engineering consultancy practice whose registration has
been effected by reason of any mistake or error made by the Board in considering his or
its application for registration.
17. (1) Any registered Engineer or Engineering consultancy practice whose name has been
removed from the Register pursuant to an order of the Disciplinary Committee or Board under
subsection 15(1A) or 7A(5), respectively shall, if his or its appeal is allowed, forthwith be
reinstated and the Registrar shall issue a certificate of registration to him or it.
(2) Any registered Engineer, other than a Graduate Engineer, or Engineering consultancy
practice whose name has been removed from the Register for failure to renew his or its
registration for a period of not more than three years shall be reinstated as soon as may be after
he or it has notified the Registrar of his or its desire to be reinstated and upon payment of such

fees as may be prescribed and satisfying such conditions as may be determined by the Board, and
the Registrar shall issue a certificate of registration to him or it.
(2A) A registered Engineer, other than a Graduate Engineer, or an Engineering consultancy
practice, who fails to renew his or its registration for a period of more than three years
consecutively may be reinstated if he or it applies to the Board for reinstatement and the Board if
satisfied with his or its reasons for reinstatement and upon payment of such fees as may be
prescribed and satisfying such conditions as may be determined by the Board, shall issue a
certificate of registration to him.
(3) Any registered Engineer or Engineering consultancy practice whose name has been
removed from the Register pursuant to an order of the Disciplinary Committee or Board under
subsection 15(1A) or 7A(5), respectively, and who has not appealed against that order or whose
appeal has been dismissed, may after the expiration of not less than six months from the date of
the order of cancellation or from the date of the decision of the appeal apply for reinstatement.
The Board upon receipt of satisfactory evidence of proper reasons for his or its reinstatement and
upon reimbursement to it of all expenditure incurred by it arising out of the proceedings leading
to cancellation of his or its registration and upon payment of the prescribed fee, shall issue a
certificate of registration to him or it.
18. Any registered Engineer or Engineering consultancy practice whose name is removed from
the Register shall within fourteen days after notification to him or it by registered post of the
removal, surrender to the Board the certificate of registration issued to him or it under this Act.
PART V
GENERAL
19. (1) Any person, sole proprietorship, partnership or body corporate
(a) who has been refused registration by the Board;
(b) who has been registered but is dissatisfied with any conditions or restrictions imposed
by the Board under section 7B, subsection 7A(3) or 10A(1), or section 4(1)(b);
(c) who having been registered has had his or its name removed from the Register
pursuant to an order made by the Disciplinary Committee or Board under subsection
15(1A) or 7A(5), respectively;
(d) who has been registered and has subsequently applied to have his or its registration
extended to cover additional branches of engineering and has had his or its application
refused; or
(e) who is not satisfied with an order of the Disciplinary Committee or Board made under
subsection 15(1A) or 7A(5), respectively, may within twenty-one days of being notified
of the refusal, conditions, restrictions, removal or order, appeal to the Appeal Board
constituted under section 20 and the Appeal Board may thereupon make such orders as it
may deem just or proper.
(2) The Disciplinary Committee or Board shall give effect to any order made by the Appeal
Board forthwith.
20. For the purpose of this Part there shall be established an Appeal Board consisting of a Judge
of the High Court as Chairman who shall be appointed by the Yang di-Pertuan Agong (after
consultation with the Chief Justice) and two other persons appointed by the Yang di-Pertuan
Agong.

21. A member of the Appeal Board shall unless he sooner resigns his office or his appointment is
revoked hold office for such term as may be specified in the instrument appointing him and shall
be eligible for re-appointment.
22. (1) A notice of appeal against an order of the Board or Disciplinary Committee referred to in
section 19 shall be made in writing to the Appeal Board and a copy of the notice sent to the
President of the Board or Chairman of the Disciplinary Committee.
(2) On receipt of a copy of the notice of appeal, the President of the Board or the Chairman
of the Disciplinary Committee or in the absence of the President or the Chairman, the member so
delegated by the President or the Chairman, shall cause to be prepared and sent to the Chairman
of the Appeal Board records or a summary of the records of the proceedings of the Board or the
Disciplinary Committee and a statement setting out the grounds on which the Board or the
Disciplinary Committee arrived at its decision.
(3) Upon receiving the records or summary of the records and the grounds of the decision of
the Board or Disciplinary Committee the Chairman of the Appeal Board shall convene a meeting
of the Appeal Board to hear the appeal.
(4) The Appeal Board after hearing the appeal may confirm or vary the decision of the Board
or Disciplinary Committee.
(5) The decision of the Appeal Board shall be final.
23. The Appeal Board shall at its discretion determine its own procedure.
24. Any person, sole proprietorship, partnership or body corporate who
(a) procures or attempts to procure registration or a certificate of registration under this Act
by knowingly making or producing or causing to be made or produced any false or
fraudulent declaration, certificate, application or representation whether in writing or
otherwise;
(b) wilfully makes or causes to be made any falsification in the Register;
(c) forges, alters or counterfeits any certificate of registration under this Act;
(d) uses any forged, altered or counterfeited certificate of registration under this Act
knowing the same to have been forged, altered or counterfeited;
(e) impersonates a registered Engineer;
(f) buys or fraudulently obtains a certificate of registration under this Act issued to another
registered Engineer or Engineering consultancy practice;
(g) sells any certificate of registration issued under this Act; or
(h) contravenes section 7 or 8, or subsection 7A(1), 24A(1) or 24B(5), shall be guilty of an
offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit, or
to imprisonment for a term not exceeding three years, or to both.
24A. (1) No person shall employ a person, sole proprietorship, partnership or body corporate,
other than a registered Engineer or Engineering consultancy practice, to perform professional
engineering services.
(2) Nothing in subsection (1) shall prohibit the employment of any person holding one of
the certificates referred to in section 7(3) to do all things which the certificate enables or
authorizes him to do.
24B. (1)

For the purposes of subsection 15(3), the Board shall appoint an Investigating
Committee consisting of

(a) a Chairman, who need not be a registered Engineer; and


(b) two registered Engineers, to conduct an investigation.
(2) Where a member of the Investigating Committee is a member of the Board, he shall not
sit as a member of the Board when the Board conducts a hearing or makes an order under
subsection 7A(5) in respect of the Engineering consultancy practice which has been examined by
the Investigating Committee of which he is a member.
(2A) Where the Investigating Committee has conducted an investigation against a registered
Engineer, the member of the Investigating Committee shall not sit as a member of the
Disciplinary Committee appointed in pursuance of section 14A to conduct a hearing of any
misconduct or complaint or to make an order under subsection 15(1A) in respect of the
registered Engineer who has been investigated by the Investigating Committee of which he is a
member.
(3) The Investigating Committee appointed under subsection (1) may, for the purpose of an
investigation
(a) require any person, including a sole proprietor, partner, director, manager or secretary,
to attend before it and give evidence on oath or affirmation, and the Chairman of the
Investigating Committee presiding at the investigation may administer the oath; and
(b) require such person to produce any book, document or paper relating to the subject
matter of the investigation which is in the custody of that person or under his control.
(4) Upon completion of its investigation, the Investigating Committee shall submit a report
together with its recommendations, if any, to the Board or Disciplinary Committee for its
consideration.
(5) A person, including a sole proprietor, partner, director, manager or secretary, shall, unless
with reasonable excuse
(a) attend and give evidence when required to do so by the Investigating Committee;
(b) answer truthfully and fully any question put to him by any member of the
Investigating Committee; or
(c) produce to the Investigating Committee any book, document or paper required of him.
25. (1) Any person, sole proprietorship, partnership or body corporate who contravenes this Act
or any regulations made thereunder shall be guilty of an offence and shall, where no penalty is
expressly provided therefor, be liable, on conviction, to a fine not exceeding ten thousand ringgit
or to imprisonment for a term not exceeding one year, or to both..
(2) If a sole proprietorship, partnership or body corporate contravenes this Act or any
regulations made thereunder, the sole proprietor or every partner, director, manager, secretary or
other similar officer thereof shall be guilty of the same offence and be liable to the same penalty
as the sole proprietorship, partnership or body corporate is guilty of and liable to, unless he
proves that the offence was committed without his knowledge, consent or connivance or was not
attributable to any neglect on his part.
(3) If a registered Engineer or Engineering consultancy practice refuses or fails to comply
with an order of the Disciplinary Committee or Board made under subsection 15(1A) or 7A(5),
respectively or the Appeal Board made under section 19, he shall be guilty of an offence, and
shall, on conviction, be liable to a fine not exceeding ten thousand ringgit in the case of an
individual, or to a fine not exceeding fifty thousand ringgit in the case of an Engineering
consultancy practice.

26. The Board may with the approval of the Minister make regulations to prescribe anything
which may be prescribed or is required to be prescribed under this Act or to enable it to perform
any of its functions or to exercise any of its powers set out in this Act.
26A. (1) Subject to subsection (2) and such policy as the Board may from time to time adopt, the
President may from time to time, on application in the prescribed form and on payment of the
prescribed fee and on such conditions or with such restrictions as he thinks fit to impose, in
writing authorize any person who is not a registered Engineer or any sole proprietorship,
partnership or body corporate which is not an Engineering consultancy practice to do any act or
thing that the person, sole proprietorship, partnership or body corporate would, but for the
authorization, be prohibited, or not be entitled, to do, and may at any time, without assigning any
reason therefor, withdraw the authorization by notice served on the person, sole proprietorship,
partnership or body corporate.
(2) No person, sole proprietorship, partnership or body corporate shall be authorized under
this section to do any such act or thing for more than a total period of one hundred and eighty
days in any one calendar year.
(3) A person, sole proprietorship, partnership or body corporate who does any such act or
thing under and in accordance with an authorization under subsection (1) shall, notwithstanding
any provision of this Act to the contrary, be deemed to be permitted or entitled to do that act or
thing as if he or it were a registered Engineer or an Engineering consultancy practice.
27. Nothing in this Act contained shall apply to anything done or omitted to be done by or under
the authority of the Federal Government or the Government of any State.
28. (1) No action or proceeding shall be instituted or maintained in any court against the Board,
Disciplinary Committee, Appeal Board, Investigating Committee or any committee appointed by
the Board, any members of the Board, Disciplinary Committee, Appeal Board, Investigating
Committee or any such committee, or any person authorized to act for or on behalf of the Board
for any act or omission done in good faith in the discharge of any of its or his functions, powers
and duties under this Act or any regulations made under this Act.
(2) This section does not apply to powers conferred under subsection 4(2) or any power to
enter into contracts exercised by the Board.
29. The Board may appoint an advocate and solicitor to institute and conduct proceedings on its
behalf.
FIRST SCHEDULE
1. (1) The following persons shall be disqualified from being appointed or being members of the
Board:
(a) a person who is of unsound mind and/or is otherwise incapable of performing his
duties; and
(b) a bankrupt.
(2) A member of the Board shall vacate his office if he fails to attend three consecutive
meetings of the Board without the permission in writing of the President or if he becomes
disqualified under subparagraph (1).

2. (1) The Board shall meet at least once a year at such place as may from time to time be
appointed by the President.
(2) At any meeting of the Board the President shall preside, and in his absence the members
shall elect one of their number to preside over the meeting.
(3) Nine members of whom at least two shall be members appointed under paragraph 3(3)(a)
or (b) and two shall be members appointed under paragraph 3(3)(c) or (d) personally present at
any meeting of the Board shall constitute a quorum.
(4) If on any question to be determined by the Board there is an equality of votes, the President
or, in the case where the President is absent, the member presiding over that meeting shall have a
casting vote.
(5) Subject to sub-paragraphs (3) and (4) the Board shall determine its own procedure and,
except in relation to sections 7A, 7B and 26, have power to delegate to committees appointed by
the Board all or any of the functions of the Board upon such terms and subject to such conditions
and restrictions as the Board may in its absolute discretion think fit. Any act, ruling or decision
of any committee so appointed shall be deemed to be the act, ruling or decision of the Board.
(6) The Board shall cause proper records of its proceedings and of the proceedings of any
committee appointed by it to be kept.
3. (1) The Board shall have a common seal which shall bear such device as the Board may
approve and such seal may from time to time be broken, changed, altered and made anew by the
Board as the Board may think fit.
(2) Until a seal is provided by the Board under this paragraph, a stamp bearing the description
"Board of Engineers" may be used and shall be deemed to be the common seal.
(3) The common seal shall be kept in the custody of the President and shall be authenticated
by the President or other member acting in the absence of the President, and any document
purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is
shown be deemed to have been validly executed.
4. All monies arising from fees payable under this Act shall be paid to the Board to be applied in
the first place to defraying the expenses of registration and other expenses of the administration
of this Act including any expenses of the Board that may be allowed under any regulations made
under this Act and thereafter to providing scholarships and the promotion of learning and
education in connection with engineering. Monies not immediately required by the Board shall
be invested in such trustee securities as the Board may from time to time determine.
SECOND SCHEDULE
(1) A person who, immediately before the date of coming into operation of this Act, was a
member of the Board appointed under section 3 of the principal Act shall, unless he resigns or
otherwise vacates his office or his appointment is revoked, continue to hold that office on or after
the date of coming into operation of this Act until the expiry of the period specified in his
instrument of appointment.
(2) Subject to subsection (3), all applications, proceedings or other matters pending before the
Board under the principal Act immediately before the date of coming into operation of this Act
shall, after the date of coming into operation of this Act, be dealt with by the Board in
accordance with the provisions of the principal Act as amended by this Act.

(3) All proceedings under sections 7A and 15 and matters relating to such proceedings pending
before the Board, and all proceedings under sections 24 and 25 pending, immediately before the
date of coming into operation of this Act shall, after the date of coming into operation of this Act,
be continued as if the principal Act had not been amended by this Act.

Comparison between the Engineering Law of Malaysia and Philippines


Registration of Engineers Act
1967(Incorporating Amendments up to 2007)

Republic Act 9292 (Electronics Engineering


Law of 2004)

Board of Engineers consists of a


President, not more than fourteen
members of Professional Engineers,
one member from the Board of
Architects and one member from the
Board of Quantity Surveyor

Board of Engineers - consists of (1)


chairman and (2) board members who
shall be appointed by the President of
the Philippines from the (3)
recommendees per position chosen and
ranked by the Commission which
recommendees shall in turn be chosen
from the (5) nominees for each
position.

Abbreviation for Registered Engineer


Ir. Before his name or P.Eng. after
his name

Abbreviation for Registered Engineer


Engr. Before his name or PECE for
professional electronics engineer and
ECT for electronics technician after
his name

Practice of Professional Engineer and


Engineering consultancy practice he
can only submit the plans, engineering
surveys, drawings, schemes, proposals,
reports, designs or studies to any
person or authority in Malaysia

.Practice of Professional Engineer


Only the person who has a title of
PECE or Professional Engineer can
sign and seal electronics plans,
drawings,
permits,
applications,
specifications, reports and other
technical documents prepared by
himself.

Registration of Professional Engineer


any person who is a Graduate Engineer
and obtains a practical experience
prescribed by the Board. There is also
an assessment examination conducted
by the Board, or a corporate member of
the Institution of Engineers in Malaysia

Registration of Professional Engineer


To be able to qualify to be a PECE, an
Electronics Engineer must have an
experience of seven years of his/her
work which has significance to
Electronics Engineer. There is an oral
interview for the purpose of verifying

and assessing the competency of the


applicant.

Foreign Reciprocity registration of a


foreign engineer may be approve and
entitled as a Temporary Engineer, he
possesses the qualification and
recognized for the practice of
engineering as a professional engineer,
for his physical presence for not less
than one hundred and eighty days in
one calendar year or a resident
representative of the foreign component
of a joint venture.

Foreign Reciprocity For the work, the


foreign professional must secure a
Special permit from the board(for not
more than 6 months and 6 months are
renewable) and for his project, for him
to be contracted to work, at least (2)
corresponding Filipino professionals
who are registered under this Act shall
be employed as counterparts by the
Philippine Government.

Cancellation, Removal, Suspension of


Certificate of Registration The
Disciplinary Committee has the right
for the revocation and suspension of the
engineer upon the mentioned caused in
the section.

Cancellation, Removal, Suspension of


Certificate of Registration The Board
shall upon proper notice and hearing
has the right for the revocation and
suspension of the engineer upon the
mentioned caused in the section.

Appeal He/she can appeal within


twenty-one days of being notified of
the refusal, conditions, restrictions,
removal or order, appeal to the
Appeal Board constituted under
section 20 and the Appeal Board may
thereupon make such orders as it
may deem just or proper.

Appeal He/she doesnt have the


power to appeal because there are rules
need to obey from the board members
powers and functions.

Penalty He/She who violates will be


guilty of an offence and be imprisoned
for a term not exceeding three years
and be liable to a fine not exceeding
fifty thousand ringgit

Penalty He/ She who violates will be


provided by a fine of not less than
100,000 pesos or not more than
1,000,000 pesos, or by imprisonment of
not less than 6 months nor more than
six years.

REQUIREMENT FOR PROVISION OF


PROFESSIONAL SERVICES

ENGINEERING SERVICES
SOCIALIST REPUBLIC OF VIET NAM
ACPECC SECRETARIAT 2012
Questionnaire on the Requirements for Provision of Professional Services
Services Sub-Sector: Construction-related Engineering
Country Name: Vietnam
I. Regulation and Organisation of this Professional Services
1. Please describe in general the structure and organisation of this sub-sector and how it is being
regulated in your country. This could include: The range of the activities regularly practiced by
the professionals in this sub-sector in your country. Please indicate which of these activities that
are NOT regulated in your country, if any. Explanation of whether this sub-sector is regulated by
law, self-regulated by a professional body, or a combination of both; whether the regulation
is centralised or decentralised, etc. List of concerned professional bodies and/or
ministries/government agencies, the functions of each of them, and how they interact in
regulating this sub-sector.
Construction-related engineering practice is regulated by law, under the Construction
Law. The Ministry of Construction is responsible for regulating the practice of Engineers
practicing in construction field. The regulation is centralised by the Ministry of Construction but
some operating implementations are decentralised and regulated through Provincial Departments
for Construction and their respective Provincial Consulting Committees.
The practice of construction-related engineering covers all construction related
engineering disciplines, e.g. structural, electrical, sanitary, mechanical, electronics and
communications, geo-technical engineering. The enumeration of any discipline in this section
shall not be construed as excluding any other engineering discipline that relating to construction.
2. Please list down the relevant legislations/rules and regulations regulating this sub-sector in
your country.
Construction-related engineering practice is regulated by the Construction Law No.
16/2003/QH11 dated 26th of November, 2003 and related Decrees, Decisions, Circulars guiding
the implementation of the Construction Law.
II. Qualification Requirements
3. What are the qualification requirements for individual practitioners in your country in terms
of: professional education (e.g. whether shall be university/higher education degree, postgraduate education etc). professional examination/assessment; work experience; practice and
training; and language skills?
There are three basic qualification requirements for registration as a professional engineer
practicing in construction field: completed an engineering degree at the university level given by
a recognised Vietnamese/oversea university or other competent body; acquired practical
experience of not less than 5 years after graduation; participated in soil investigation work and/or
design work of not less than 5 projects.

4. Please specify the number of years/months required for each of the above, as well as the
availability of alternative routes (e.g. degree route and nondegree route) to achieve the
qualifications required. If different qualification requirements exist for different activities or
types of work, please specify.
There is no any other alternative route to achieve the qualifications required.
5. Are there any other qualification requirements apart from those set out in Q.3 above (e.g.
minimum age, registration with a professional body, restriction on the scope of practice, place of
origin/citizenship/residency requirements)? Please specify.
None
6. Who conducts/supervises the professional examination/assessment?
Provincial Departments for Construction are statutory bodies responsible for conducting
professional assessment. The detail process of professional assessment is implemented by
Provincial Consulting Committees set up by the respective Provincial Departments for
Construction.
7. Are the professional examinations/assessments conducted at regular intervals? Please specify
the frequency, fees charged, and differences in practice adopted by individual provinces/states.
An applicant for registration as a professional engineer practicing in construction field
can submit his/her application to a Provincial Department for Construction at any time. No
professional examination is required. The application will be assessed on a case-by case basis.
License will be granted to qualified applicant within 30 working days since the time the
Department receives sufficient application documents.
III. Qualification Procedures
8. What are the procedures involved in order to qualify as a professional in this sub-sector,
including the approving authorities involved, their respective requirements, the fees charged and
the timelines that need to be observed? How long does it normally take to complete the
procedures?
The applicant is required to submit an application to a Provincial Department for
Construction in the prescribed form together with all supporting documents. The Provincial
Department for Construction then checks the submitted documents for adequacy and regularity
and assigns the relevant Provincial Consulting Committee to examine the documents. Within 30
working days since receiving of sufficient application documents, the Provincial Department for
Construction grants license to qualified applicant.
IV. Recognition Arrangements
9. Are there any mechanisms (e.g. automatic recognition or mutual recognition arrangements at
government level or between professional bodies) to take account of qualifications, experience,
expertise, license etc. acquired or obtained by foreign professionals in another country? Please
explain the mechanism and specific requirements.
Presently, Vietnam does not have any mutual recognition arrangement with overseas
countries at government level. Regarding mutual recognition arrangement between professional

bodies, Vietnam Union of Science & Technology Association (VUSTA) is a signatory of ASEAN
Engineers Register established under the ASEAN Federation of Engineering Organisation
(AFEO).
10. Please give a brief explanation of foreign reciprocity provisions/requirements for granting
registration to professionals from foreign countries, if any.
Foreign Professional Engineers can practice in construction field in Vietnam with a
professional practicing certificate issued or recorgnised by relevant Vietnamese authorities.
V. Licensing Requirements
(a) For Individuals
11. Apart from the qualification requirements mentioned above, what are the licensing
requirements for individuals in your country, for example? membership of a professional body
registration with the relevant ministry or any other institution absence of criminal record taking
of an oath minimum and/or maximum age subscription to a professional indemnity insurance
(including any minimum specification) place of origin/citizenship/residency requirements
continuing professional development (CPD) others (please specify) If different licensing
requirements exist for different activities, please specify.
Other qualification requirements apart from those set out in Q.3 above are as follows:
being eligible for civil rights and having mental capacity for civil
behaviour in accordance with the Law. For Vietnamese, it is required to
have identity card; For foreigners and Vietnamese people residing
abroad,
it is required to have passport and permit for temporary
residency in Vietnam;
being of good conduct (having no record of professional negligence);
fulfiled payment of required fees.
(b) For Firms (Including Regulations Governing Establishment)
12. Are professional firms regulated? If yes, are there any specific licensing requirements, for
example: legal form in which one can establish (e.g. partnership, incorporation, other) minimum
capital, minimum/maximum number of partners, qualifications of individual partners,
membership of a professional body, incorporation or registration with the relevant ministry or
any other institution requirements regarding natural persons carrying out professional services on
behalf of the firm, including any restrictions on foreign firms employing local professionals
requirements regarding ownership (voting rights) of the firm, including place of
origin/citizenship/residency requirements of board of directors and restrictions on partnership
with local firms, requirements regarding management/administration of the firm, including place
of origin/citizenship/residency requirements of board of directors, minimum number/percentage
of local directors, managers etc. others (please specify) If different requirements exist for
different activities, please specify.
Firms supplying professional engineering services in construction are regulated by law in
Vietnam. Domestic firms are required to apply to Provincial Department for Planning and
Investment for Business Registration. These firms can be established in forms of state-owned

corporation, private corporation, limited corporation, stock corporation, partnership,


incorporation and co-operative. The leader/executive manager of the firm is required to have
professional practicing certificate. There is no requirement for minimum capital.
Firms with 100% foreign owned capital or foreign joint-venture firms can only be
established in form of limited company. To establish a firm with 100% foreign owned capital or
joint-venture consulting firm, it is required to obtain Investment License under the Law for
foreign investment in Vietnam granted by the Ministry for Planning and Investment or relevant
Provincial People's Committee. The Investment License is equivalent to Business Registration.
According to the Labour Law, only those foreign professionals whose skills and expertise are not
available in Vietnam can be employed to work in Vietnam.
13. Is the use of international or foreign firms names restricted? Please specify.
It is not restricted to use international or foreign firms' names.
VI. Licensing Procedures (For Both Individuals and Firms)
14. What are the procedures required for application for license or renewal of license, including
the authorities involved, their respective requirements (including documentation), and fees
charged? How long does it normally take to obtain or renew a license? Please specify in case of
differences between individuals and firms.
Individuals
For individuals apply for new license, please see details in section III above. For those
apply for renewal of license, the applicant is required to submit an application to a Provincial
Department for Construction in the prescribed form together with all supporting documents.
Within 15 working days since receiving sufficient documents, the Provincial Department for
Construction reissues license to qualified applicant. The main requirements are: being a
registered professional engineer possessing a license (valid or expired); submitting record of
working experience since grant of previous license; being of good conduct (having no record of
professional negligence);
Firms
Local consulting firms are not required to apply for Contractor License. However, they
are required to have adequate qualification in accordance with the type and scale of the project
and the type of services undertaken. Their qualification should be specified in their Business
Registration.
Foreign consulting firms which are nominated or selected through bidding process to
provide professional services on a project basis in Vietnam are required to apply to the Ministry
of Construction or a relevant Provincial Department for Construction for Contractor License. The
licensing procedure normally takes 20 working days since the day of receiving sufficient
application documents. Required fee is 2 million Vietnamese Dong. Basic requirements for
Contractor License are: Being nominated or selected contractor of a construction project; Having
a contract to provide professional services for that project; Having adequate ability to provide
those professional services to the project; Having a joint-operation with a Vietnamese consulting
firm or employing a Vietnamese consulting firm as a sub-contractor;

VII. Regulations Governing Entry and Temporary Stay of Natural Persons


for the Purpose of Supplying the Professional Services
15. Is the entry and stay of professionals subject to labour market tests or any other restrictions?
Please specify.
According to the Labour Law, only those foreign professionals and technical persons
whose skills and expertise are not available in Vietnam can be employed to work in Vietnam.
VIII. Professional Ethics
16. What activities/disciplines are subject to professional ethical codes? Please specify the main
policy objectives of these codes.
It is stipulated by the Construction Law and Decision regarding Professional License that
Engineers practicing in construction field are required to have no record of professional
negligence, to be faithful and unbiased and not to involve in corruption cases.
17. Which body or institution develops this code and monitors its implementation? What are the
consequences in case of breach of the ethical code by a professional or a firm?
The Ministry of Construction and Provincial Departments for Construction are statutory
bodies responsible for developing and monitoring implementation of ethical code. Depending on
seriousness of the breach of the code, the consequences may be: warning, suspension or
withdrawal of license.
IX. Appeal Mechanisms and Dispute Resolution Procedures
18. Do individuals or firms have the right to appeal if their application is rejected or their license
is withdrawn?
Yes.
19. What body or institution is responsible for the resolution of disputes?
The applicant may appeal to Provincial Departments for Construction, the Ministry of
Construction or the Court.
Comparison between the Engineering Law of Vietnam and Philippines:
Registration of Engineers Act
1967(Incorporating Amendments up to 2007)

Regulates the practice of Engineering


Ministry of Construction and some
operating implementations are being
regulated
through
Provincial
Departments for Construction and their
respective
Provincial
Consulting
Committees

Republic Act 9292 (Electronics Engineering


Law of 2004)

Regulates the practice of Engineering


Professional Regulations Commission

Registration of a Professional Engineer


he/she must completed an
engineering degree at a university in
Vietnam, acquired an experience not
less than 5 years after graduation and if
the practice is in the construction field,
he/she must participate in a soil
investigation work or design work of
not less than 5 projects.

Registration of a Professional Engineer


- To be able to qualify to be a PECE, an
Electronics Engineer must have an
experience of seven years of his/her
work which has significance to
Electronics Engineer. There is an oral
interview for the purpose of verifying
and assessing the competency of the
applicant.

Examination
for
Professional
Assessment

No
professional
examination
is
required.
The
application will be a case-to-case basis.
The license will be granted to the
qualified applicant within 30 working
days until the department receives
sufficient application documents.

Examination
for
Professional
Assessment He/she must pass all the
subjects
under
the
scope
of
examination. At least 70% of the score
he/she must get so it is qualified to get
a license. There are requirements in
getting the license which is specified in
the PRC website.

Foreign Reciprocity - Foreign


Professional Engineers can practice
in construction field in Vietnam with
a professional practicing certificate
issued
or
recognised
by
relevantVietnamese authorities.

Foreign Reciprocity For the work, the


foreign professional must secure a
Special permit from the board(for not
more than 6 months and 6 months are
renewable) and for his project, for him
to be contracted to work, at least (2)
corresponding Filipino professionals
who are registered under this Act shall
be employed as counterparts by the
Philippine Government.

Licensure Requirements - membership

Licensure Requirements There are


fees prescribed by the commission and
requirements
for
Professional
Electronics Engineer under Article III
Sec. 18. He / She must also take the
professional oath which is under Article
III Sec. 22 in Republic Act 9292 to be
able to get his/her certificate of
registration and license card.

Positions in Government Requiring the

of a professional body registration with


the relevant ministry or any other
institution absence of criminal record
taking of an oath minimum and/or
maximum age subscription to a
professional
indemnity
insurance
(including any minimum specification)
place of origin/citizenship/residency
requirements continuing professional
development (CPD)

Firms

supplying

professional

engineering services in construction are


regulated by law in Vietnam - Domestic
firms are required to apply to
Provincial Department for Planning and
Investment for Business Registration.
Firms with 100% foreign owned capital
or foreign joint-venture firms can only
be established in form of limited
company, it is required to obtain
Investment License under the Law for
foreign investment in Vietnam granted
by the Ministry for Planning and
Investment or relevant Provincial
People's Committee.

Professional Ethic Codes Engineers


practicing in construction field are
required to have no record of
professional negligence, to be faithful
and unbiased and not to involve in
corruption
cases
under
the
Construction Law and Decision
regarding professional license.

Services of Registered and Licensed


Professional Electronics Engineers,
Electronics Engineers and Electronics
Technicians - Within three (3) years
from the effectivity of this Act, all
existing and proposed positions in the
local and national government, whether
career, permanent, temporary or
contractual and primarily requiring the
services of Professional Electronics
Engineers, Electronics Engineers or
Electronics
Technicians
shall
accordingly be filled only by registered
and licensed Professional Electronics
Engineers, Electronics Engineers or
Electronics Technicians.

Article V Sec. 30 Code of Ethics and


Code of Technical Standards of
Practice - The Board shall adopt a Code
of Ethics and the Code of Technical
Standards of Practice for Electronics
Engineers and Electronics Technicians,
which shall be promulgated by the
Accredited Professional Organization.

References:
http://www.burmalibrary.org/docs18/2013-10-28-Myanmar_Engineering_Council_Law37-en.pdf
http://www.bem.org.my/v3/pdf/ACT2007.pdf
http://www.bem.org.my/v3/pdf/codeconduct.pdf
http://www.acpecc.net/dl/10.%20Licensing%20&%20Registration%20Rules%20%20Engineering%20-%20Vietnam%20-%20CCS%2043.pdf