People's Republic Of China Construction Law

Original Language Title: 中华人民共和国建筑法

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People's Republic of China President, 46th

The Standing Committee of the national people's Congress to amend of People's Republic of China building law, the decision has been made by People's Republic of China the 20th meeting of the Standing Committee of the 11th NPC on April 22, 2011, are hereby promulgated and take effect on July 1, 2011.

People's Republic of China President Hu Jintao
April 22, 2011 People's Republic of China construction law

(November 1, 1997 meeting of the Standing Committee of the national people's Congress, 28th through April 22, 2011, the 20th meeting of the Standing Committee of the 11th NPC on modified People's Republic of China decision amendments to construction law)

Directory

Chapter I General provisions

Chapter two building permits

First construction license

Section II qualifications

Chapter III contract awarding and contracting of construction projects

Section I General provisions

Section II of the employer

Section III contract

Fourth chapter of project construction supervision

The fifth chapter of construction safety management

Sixth chapter of construction engineering quality management

The seventh chapter legal liability
  The eighth chapter by-laws chapter I General provisions

First in order to strengthen the supervision and management of construction activity, maintain the order of the construction market, ensure the quality and safety of construction projects to promote healthy development of construction, this law is enacted.

Article People's Republic of China engaged in construction activities, implement supervision of construction activities shall abide by this law.

Construction activity in this law refers to all types of buildings and ancillary facilities of the building and its matching lines, piping, equipment installation activity.

Third construction activity to ensure the quality and safety of construction, to meet national safety standards for construction projects.

Fourth the State supports the development of the construction industry, supported the building of scientific and technological research, improving building design standards, encourage energy conservation and environmental protection, promote the use of advanced technology, advanced equipment, advanced technology, new building materials and modern management methods.

Fifth is engaged in construction activities shall abide by the laws and regulations and must not harm the social and public interests and the legitimate interests of others.

No unit or individual shall hinder or obstruct the construction activities.

Sixth construction administrative departments under the State Council to exercise unified supervision and management of construction activity across the country.
  Chapter two building permits

First construction license

Article seventh building before the project begins, the construction unit shall, in accordance with State regulations apply to departments of engineering construction of the people's Governments above the county level administration of construction licenses, but construction administrative departments under the State Council to determine limits except the minor projects below.

Limits of authority and procedures approved by the State Council work report of building works, no longer receiving the construction permit.

Article eighth application for a construction permit, subject to the following conditions:

(A) has provided the construction approval;

(B) in the construction of the urban planning areas, planning permit has been made;

(C) require demolition, demolition schedule meets the construction requirements;

(D) has determined that construction enterprises;

(E) to meet the construction needs of construction drawings and technical information;

(F) specific measures to ensure the quality and safety of the project;

(VII) funds for construction have already been implemented;

(VIII) other conditions stipulated by laws and administrative regulations.

Construction Administrative Department shall from the date of receipt of the application in the 15th, to meet the conditions of issuance of construction permits. Nineth construction units shall obtain a construction permit within three months from the date of commencement. Could not be started on schedule, shall apply to the issuing authority employs extension limited to two, not more than three months at a time.

Neither started nor apply for extension or over extension of time limits, construction permit itself abolished.

Tenth finds it necessary to suspend the construction of building construction, the construction unit shall, within one month from the date of suspension of construction, reported to the issuing authority, and in accordance with the provisions for building projects and maintenance activities.

When construction resumes, shall report to the issuing authority; suspension of construction for less than a year before work resumes, the construction unit shall be issuing authority checking the construction permit. 11th ratification in accordance with the relevant provisions of the State Council work report of building works, for some reason fails to start or stop the construction, shall promptly report to the approval authority.

For some reason fails to work for more than six months, shall report again for operating approval.

Section II qualifications

12th engaged in construction of construction enterprises, prospecting units, design units and project supervisory units, subject to the following conditions:

(A) the registered capital in line with national requirements;

(B) its construction activities carried out by the statutory licensing of professional and technical personnel;

(C) engaged in activities related to construction equipment;

(D) other conditions stipulated by laws and administrative regulations.

13th engaged in construction of construction enterprises, prospecting units, design units and project supervisory units, in accordance with their registered capital, professional and technical personnel, technical equipment and building works already completed performance, qualifications, divided into different level of qualification, qualified through qualification, after obtaining the appropriate level of qualification certificates, to the extent permitted by their level of qualification to engage in construction activities.

14th professional technicians engaged in construction, it shall obtain the corresponding qualification certificate, qualification certificate and license within the scope of the construction activities.
  Chapter III contract awarding and contracting of construction projects

Section I General provisions

15th the contract awarding units and contractors for construction projects shall conclude written contracts, specify the rights and obligations of both parties. Contract awarding units and contractors should fully fulfill obligations stipulated in the contract.

Do not follow the contract obligations shall bear liability for breach.

16th contract awarding and contracting of construction engineering bidding and tendering activities, should follow the principle of openness, fairness, and equal competition, selected contractors.

The tendering of construction works, no provisions of this law apply to provisions relating to tendering and bidding law.

17th contract awarding units and their staff on contract awarding for construction projects shall not take bribery, commissions or seek other benefits.

Contractors and their staff to contract awarding units and their staff shall not use bribery, commissions or other benefits provided or other improper means to contract projects. 18th construction cost should be in accordance with relevant regulations of the State, stipulated by the contract awarding units and contractors in the contract.

Public bidding, the cost of contract, subject to the tendering and bidding law provisions.

The out-contracting units shall in accordance with the terms of the contract, allocated project funds in a timely manner.

Section II of the employer

19th construction contracted through public bidding according to law, not suitable for bidding can be contracted out directly.

20th of construction projects subject to public tender, the out-contracting units shall be in accordance with legal procedures and modalities, publish tender notices provide containing the main technical requirements, the main terms of the contract, evaluation criteria and methods of bid opening, bid assessment, calibration procedures, such as the content of the tender documents. Bid opening shall be the time and place specified in the tender documents.

After the bid opening shall be in accordance with the provisions of the tender documents evaluation criteria and procedures for the evaluation and comparison of tenders, bidders with appropriate qualifications, preferred bidder is selected.

21st construction tender bids, bid evaluation and standardization of the construction unit shall be organized and implemented, and accept supervision by the relevant administrative department. 22nd construction contracted through public bidding, the out-contracting units shall contract awarding for construction projects to successful contractors in accordance with law.

Projects direct contracting, the out-contracting units shall contract awarding for construction projects to contractors with the appropriate qualifications.

23rd Government and its subordinate departments shall not abuse their administrative power, limit the out-contracting units bidding construction projects to designated Contracting units.

Article 24th of projects is to promote General Contracting, prohibiting the contracting of construction projects.

The out-contracting units of construction work can be construction work surveying, design, construction, equipment purchase contract for a project in conjunction with the general contractor or construction engineering survey, design, construction, equipment purchase or more out to a general contractor, but construction should be completed by a contractor may not be dismembered into parts of the contract to the contractor.

25th article in accordance with the contract, building materials, fittings and equipment purchased by the construction company, the out-contracting units shall not designate contracting units purchased for use in engineering building materials, fittings and equipment, or the specified manufacturers and suppliers.

Section III contract

Article 26th project contracting units shall hold legally-obtained certificates of qualifications and contract projects within the scope of business permitted by their level of qualification. No construction beyond this level of qualification license of enterprise business in any form or contract projects on behalf of other construction companies.

No construction enterprises in any form allowed other units or individuals to use this certificate, business license, contract projects, on behalf of the enterprise. Article 27th large construction projects or complex building projects, can be jointly contracted by two or more Contracting units.

Common contracting parties assume joint and several liability for the performance of the contract.

Two or more units of different qualification levels jointly contracted, of the low level of qualification shall be in accordance with the Organization's business scope of contract projects.

28th prohibits the contractor all of its contracted construction work subcontracted to others prohibiting contractors all its contracted construction projects into parts and then to subcontract subcontract respectively on behalf of others. 29th construction general contractor can subcontract part of the works to subcontractors with appropriate qualifications of the subcontractors, but apart from the general contractor contract subcontracting, must be recognized by the employer.

General contractor, construction of the main structure of the construction must be completed by the general contractor on its own. The overall contracting units in accordance with the general contractor contract for construction units responsible for the subcontractors by subcontract agreement general contract units.

The general contractor and subcontractors of the subcontract works on joint and several liability unit. Against General contractor to subcontract the projects to units without appropriate qualifications.

Prohibition of subcontractors the contracting of sub-contracted projects.
  Fourth chapter of project construction supervision
30th national implementation of construction supervision development.

State Department may provide the scope of mandatory supervision of building works. 31st is subject to supervision of building works, commissioned by the construction engineering supervision units have appropriate qualifications.

Unit commissioned the construction supervising units shall enter into a written supervision contract.

32nd construction supervision in accordance with the laws and administrative regulations and related technical standards, design documents and construction contracts, contractors in construction quality and construction period and construction funds and so forth, on behalf of owner supervision.

Project supervisor thinks the construction does not meet the design requirements, technical standards for the construction and contract have the right to demand correction of construction enterprises.

Project management found that design does not meet the quality standards or quality requirements stipulated in the contract, it shall report to employer designed to correct.

Article 33rd before implementation of construction supervision, construction should be entrusted project supervision, supervision and supervision of rights, written notice, supervision of construction enterprises.

34th the construction supervising units shall, within the scope of supervision as allowed by their level of qualification, undertake project supervising business.

The construction supervising units shall be according to the employer's delegate, objectively and impartially carried out its supervisory tasks.

Project supervision and supervision of contractors and building materials, building components and equipment supply units shall not be affiliated or other interested parties.

The construction supervising units shall not transfer engineering supervision business.

Engineering supervision units in accordance with article 35th supervisor perform supervision of contract obligations, shall supervise and inspect the project not checked or not checked in accordance with regulations, causes losses to the construction unit shall bear corresponding liability.

Engineering supervision units and contractors collude to seek illegal interests for contractor, causes losses to the construction unit shall be joint and several liability and contractors.
  The fifth chapter of construction safety management

36th construction safety management must adhere to the principle of safety first, prevention first, establish and improve the system of safety production responsibility system and the midges.

37th construction should be designed in line with the provisions of the construction safety regulations and technical regulations, ensure the safety performance of the projects.

Article 38th at the time of preparation of construction organization design in construction enterprises should be based on the characteristics of the construction of appropriate security measures; to highly specialized projects, preparation of construction organization design for safety, and to take safety measures.

39th construction enterprises should be at the construction site to safeguard security and guard against hazards, fire prevention measures conditional, should be closed management of construction site.

Construction site on adjacent buildings, structures and special operating environment may cause damage, construction enterprises shall adopt safety precautions.

40th units should be given to building construction enterprises to provide underground pipeline data associated with construction site, construction enterprises should take measures to protect it.

41st construction enterprises shall comply with the relevant environmental protection and safety provisions of laws and regulations, construction site dust control and processing, waste gas, waste water, solid waste, and noise and vibration measures of pollution and harm to the environment.

42nd under any of the following circumstances, the construction unit shall apply for approval in accordance with the relevant provisions:

(A) the site beyond the temporary occupation plan is approved;

(B) may damage the roads, pipelines, electric power, telecommunications and other public facilities;

(C) temporary water, electricity, disrupting road traffic;

(D) the blasting operation is required;

(E) laws and regulations needed for the approval procedures in other circumstances.

Article 43rd construction Administrative Department is responsible for the management of construction safety, and shall be subject to the labour Administrative Department of guidance and supervision of construction safety.

44th construction enterprises must strengthen the management of construction safety, implementation of the safety production responsibility system and take effective measures to prevent the occurrence of injuries and other workplace accidents.

Construction enterprise is responsible for the legal representative of the enterprise safety production. 45th construction site safety responsibility of construction enterprises. Implementation of construction contract, the general contractor is responsible for.

Sub-contractor is accountable to the general contractor, subject to the general contractor of the construction site safety management.

Article 46th construction enterprises shall set up and perfect the labour safety education and training system, strengthen safety education and training of workers without safety in the education and training of personnel, not posts. 47th construction enterprises and workers in the construction process, shall comply with the relevant safety laws, regulations and industry security regulations, procedures, and shall not be in violation or illegal operations. Workers have the right to affect the health of the person operating procedures and operational conditions and suggest improvements, entitled safety protective equipment required.

Operating personnel on life-threatening safety and health acts have the right to criticize, impeach and accuse. 48th buildings construction enterprises shall pay industrial injury insurance for the workers to participate in work-related injury insurance.

Encourage enterprises to accidental injury insurance for workers engaged in hazardous jobs and pay the premium.

49th involving changes in the main building and the load-bearing structure of the renovation, the construction unit shall delegate before the construction of the original design or design unit design schemes with appropriate qualifications; no designs, no construction.

50th housing demolition should ensure safety of the construction unit, responsible for security of the construction organization.

51st construction accidents, construction enterprises should take urgent measures to reduce casualties and losses, and in accordance with the relevant provisions of the State report to relevant authorities in a timely manner.
  Sixth chapter of construction engineering quality management

52nd construction surveying, design and construction of quality must conform to the requirements of the relevant safety standards for construction projects of the State, specific measures formulated by the State Council.

About construction safety standards cannot be adapted to ensure building safety requirements, should be amended in a timely manner. 53rd State of units engaged in construction quality certification system. Units engaged in construction activities, on a voluntary basis to the State product quality supervision and management departments or product quality supervision and Management Department under the State Department authorized by the accredited certification body for quality system certification.

Certified, quality system certificate issued by a certification authority.

54th construction unit shall not, for any reason, require designing institutions or construction enterprises in engineering or construction operations, the violation of laws, administrative regulations and the construction quality and safety standards, reducing quality.

Design and construction of construction enterprises in violation of the reduce the quality requirements set out in the preceding paragraph, shall be rejected. 55th architectural engineering overall contracting of project quality by the general contractor is responsible for, general contractor construction subcontract to other units, it should be on the quality of subcontracted works with subcontractors bear joint and several liability.

Subcontractors should be subject to general contractor quality control. 56th construction survey and design unit shall be responsible for the survey and design quality. Investigation, design documents shall comply with the relevant laws, administrative regulations and construction quality and safety standards, survey, design and technical specifications as well as the terms of the contract.

Design selection of building materials, fittings and equipment, you should indicate its specifications, models, and other technical indicators, the quality requirements must be in line with the State standards.

57th designing institutions designed file selection of building materials, construction structures, fixtures and equipment, shall not designate manufacturers and suppliers.

Article 58th of construction enterprise on engineering construction quality. Design drawings and construction of construction enterprises must, in accordance with technical standards, must not cut corners.

Engineering design of the original design unit, construction enterprises are not allowed to modify the design.

59th construction enterprise must be in accordance with design requirements, technical standards and terms of the contract for construction, building materials, fittings and equipment inspection, disqualified shall not be used.

60th in the normal service life of buildings, must ensure that the quality of the foundations and main structure.

When the completion of the construction, roofing, walls shall not be leakage, cracking and other defects; quality defects have been found, the construction enterprises shall repair.

61st final acceptance of the delivery of construction projects must meet the required quality standards, complete the project technical and economic information and the signed warranty book, and has completed other conditions stipulated by the State.

After acceptance, the completion of a construction project, deliverable without acceptance or acceptance is not qualified may not be delivered.

62nd construction to implement quality warranty system. Warranty coverage shall include the Foundation of the construction of engineering, main structures and other civil engineering works, roofing waterproof engineering and installation of electrical pipelines, water pipelines, heating and cooling systems engineering projects; warranty duration shall ensure that buildings within a reasonable length of life of normal use, maintenance of the principle of the legitimate rights and interests.

Specific warranty coverage and minimum warranty period stipulated by the State Council.

63rd no units and individuals to construction quality accidents, quality defects are entitled to administrative authorities or other relevant authorities for prosecution, a charge or complaint.
  The seventh chapter legal liability

64th in violation of the provisions of this law, without a construction permit or operating reports of unauthorized construction, correction does not meet the operating conditions shall be ordered to stop construction, and can be fined.

65th Contracting unit engineering contractors subcontractors do not have appropriate qualifications, or violates the provisions of this law, contracting of construction works shall be ordered to correct, punishable by a fine.

Beyond the level of qualification to contract projects of, shall be ordered to desist from the illegal act, fines, may order the rectification, reducing the level of qualification in serious cases, its qualification certificate; illegal income shall be confiscated.
Has not obtained the qualification certificate to contract projects, be banned and fined illegal income shall be confiscated.

Fraudulently obtained qualification certificates, revoking certificates, and impose a fine constitutes a crime, criminal responsibility shall be investigated according to law. 66th construction business transfers, loan qualification certificates or otherwise allow others to contract projects on behalf of the Enterprise shall be ordered to correct, confiscate the illegal income, and a fine, it may order the rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification.

Due to the contract loss did not meet the required quality standards works, construction enterprises with the use of the name of the unit or individual shall bear joint liability.

67th subcontracting the contractor will contract engineering, or violation of the provisions of this law shall be ordered to correct, confiscate the illegal income, and fine, it may order the rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification. Contractors there are violations of the provisions of the preceding paragraph, by subcontracting or illegal subcontracting of damage caused by the project does not meet the required quality standards, and accept joint and several liability for subcontracting or to subcontracting units.

68th in the project contract awarding and contracting of bribes, bribes, bribes, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, respectively, subject to a fine, confiscation of property of bribery, directly responsible shall be disciplined in charge and other direct liable persons.

Against bribery in the engineering contracting contracting units, apart from the outside, in accordance with the provisions of the preceding paragraph, it may order the rectification, lower level of qualification or qualification certificates revoked.

69th construction supervising units conspire with construction or building construction enterprise, fraud, reduce the quality, correction, and impose a fine, lower level of qualification or qualification certificates revoked; illegal income shall be confiscated; losses, bear joint and several liability constitutes a crime, criminal responsibility shall be investigated according to law.

Project supervision supervision services for the transfer, correction, confiscate the illegal income, it may order the rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification.

70th in violation of the provisions of this law, involving the renovation of the main building or structure changes of unauthorized construction, correction, and impose a fine damage, liability constitutes a crime, criminal responsibility shall be investigated according to law.

71st construction enterprises that violate the provisions of this law, construction safety accidents do not take measures to eliminate, correction, may impose a fine in serious cases, to order the rectification, lower level of qualification or its qualification certificate constitutes a crime, criminal responsibility shall be investigated according to law.

Management of construction enterprises in violation of, or force workers to work, thereby causing a major accident or other serious consequences, shall be investigated for criminal liability.

72nd construction violates the provisions of this law requires designing institutions or construction enterprises that violate the project quality and safety standards, reducing quality, ordered corrective action and can impose a fine constitutes a crime, criminal responsibility shall be investigated according to law.

73rd architectural unit does not abide by quality and safety standards for the design of, correction, and impose a fine project quality accident caused, to order the rectification, lower level of qualification or qualification certificates revoked, confiscate the illegal income, and fine; losses, liability constitutes a crime, criminal responsibility shall be investigated according to law.

74th article building construction enterprise in construction in the Jerry of, using not qualified of building materials, and building frame accessories and equipment of, or has other not according to engineering design drawings or construction technology standard construction of behavior of, ordered corrected, sentenced fine; plot serious of, ordered closed reorganization, reduced qualification grade or revoked qualification certificate; caused construction quality not meet provides of quality standard of, is responsible for rework, and repair, and compensation so caused of loss; constitute crime of, law held criminal.

75th a construction enterprise in violation of the law, does not meet warranty obligations or delay in the fulfilment of the warranty obligation, the correction can be fined, and during the warranty period due to roof, wall losses due to leakage, cracking and other defects, liability.

76th article of the law shall be ordered closed, reducing the level of qualification and revoked the certificate of qualification of administrative penalties, decided by the authority that issued the certificate; other administrative penalties, by construction Administrative Department in charge or relevant departments in accordance with the law and the terms of reference of the State Council decision.

Certificate has been revoked in accordance with this law, by the Administrative Department for industry and commerce shall revoke its business license.

77th in violation of the provisions of this law, does not have the appropriate level of qualification of units issued the certificate, shall be ordered by their superiors to withdraw the certificate of supervisor directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

78th and its subordinate departments of the Government who, in violation of the provisions of this law, limit the out-contracting units bidding projects to designated Contracting units, the authorities ordered corrective action constitutes a crime, criminal responsibility shall be investigated according to law.

79th article is responsible for issued construction construction license of sector and staff on not meet construction conditions of construction issued construction license of, is responsible for engineering quality supervision check or completed acceptance of sector and staff on not qualified of construction issued quality qualified file or by qualified engineering acceptance of, by superior organ ordered corrected, on responsibility personnel give administrative sanctions; constitute crime of, law held criminal; caused loss of, by the sector bear corresponding of compensation responsibility.

80th article within a reasonable service life of a building, because of substandard construction work damage has the right to demand compensation from the persons responsible.
  The eighth chapter by-laws

81st article of the law on construction permits, construction Enterprise qualification review and contract awarding for construction projects, Contracting, the prohibition on subcontracting, and supervision of construction projects, building safety and quality requirements, applies to the construction of other major construction activities, and the specific measures formulated by the State Council.

82nd construction Administrative Department and other departments concerned in the supervision and management of construction activities, in addition to charge fees in accordance with the relevant provisions of the State Council, shall not be charged other fees.

83rd of provinces, autonomous regions and municipalities to determine the minor building works building activity by reference to law enforcement.

Authorized by law as cultural relics protection monuments and ancient buildings, such as the maintenance and protection of cultural relics in accordance with relevant laws and regulations.

Emergency rescue and disaster relief, and other temporary buildings and the construction of low-rise residential building activity by farmers, this law is not applicable.

84th military housing construction activity-specific management measures formulated by the State Council and the Central Military Commission in accordance with this law. 85th article this law shall enter into force on March 1, 1998.