Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399695.shtml
The agent construction management of highway construction project on May 4, 2015, adopted by the 5th Ministerial Conference, are hereby promulgated and take effect on July 1, 2015.
On May 7, 2015 road construction projects construction management chapter I General provisions article to raise the level of professional management of highway construction projects, promoting modern project management, under the Highway Act and other relevant laws, administrative regulations, and these measures are formulated.
Second highway project construction activities, these measures shall apply.
Daijian mentioned in these measures refers to project Corporation of highway construction project (hereinafter "legal person"), commissioned by professional project management units (hereinafter "units") of construction management model of project construction management and related work.
Third Department of transportation is responsible for directing the national highway construction and highway construction market supervision and management.
Provincial transport authorities are responsible for the administrative region highway construction work and supervision and management of the construction market. Fourth project legal person transport capacity requirements set forth by the competent authority, can make their own project and construction management.
Project legal provisions do not have the appropriate project management capacity, should be in accordance with this regulation, commissioned to meet the requirements of the project management unit.
Construction unit project under contract quality, safety, investment and time management responsibilities.
Fifth agent can start construction phase of highway construction project, or starting from the early stages of design or construction design.
The sixth agent must follow the selection of highway construction projects, responsibilities, clear interface, the principles of management by objectives.
Article transport authorities at various levels shall strengthen the agent construction management, construction units and construction managers into highway construction market credit system, promote the healthy development of construction market. Second chapter generation built units select and the generation built contract eighth article Highway, and level Highway and the independent bridge, and tunnel construction project of project corporate, need delegate generation built Shi, should select meet following requirements of project management units for generation built units: (a) has corporate qualification, has meet highway project construction need of organization institutions and quality, and security, and environmental protection, aspects of management system; (ii) bear had 5 a above highway, and level highway or independent bridge, and tunnel engineering of construction project management related work,
Has a good reputation in performance evaluations and market and (iii) complete with professional, reasonable structure of professional and technical personnel, engineering technology instructor-level personnel of no less than 50 people, including senior officers of at least 15 people.
Highway, road, and a separate bridges, tunnels, highway construction projects other than its generation unit option may be made by the provincial transport authorities according to the actual specification of the region.
When selecting a construction unit project legal person, shall meet the requirements of the construction unit, giving priority to the strong performances and good credit, management units. Provincial Transport Department according to the specific needs of local highway construction, refining agent requirements.
Encourage meets the conditions for construction management of highway construction and highway engineering supervision enterprises, survey and design enterprises to enter the market, carrying out construction work. Nineth generation units stationed in engineering construction management agencies, professional management should meet the needs of project construction management work.
Heads of the construction project site, technical director, head of project management departments should work in construction unit for more than 3 years, highway construction and has more than 10 years of industry experience, senior professional titles, as well as at least 2 construction management experience in similar projects.
Units stationed on site management staff and technicians may not be other road construction projects on a part-time basis. Tenth generation units shall, by way of tender selection.
Modes of tendering, should use uniform standard bidding documents of the Ministry of transport.
Generation unit at the time of the submission file, this unit shall be in accordance with the requirements set out in the qualification, capability, performance, reputation and other aspects of the proposed site managers, technicians and alternative staff.
Bid fixed price scoring method, techniques scoring can be used reasonably priced and comprehensive evaluation method of bid evaluation as well as other laws and regulations allow, and evaluation units should focus on building management capacities.
The 11th project legal person should be with the chosen agent sign a construction contract. Generation built contract should including following content: (a) generation built work content; (ii) project corporate and generation built units of duties, and right and obligations; (three) on other parameter built units of management way; (four) generation built management target; (five) generation built work conditions; (six) generation built organization institutions; (seven) generation built units service standard; (eight) generation built service fee and the paid way; (nine) performance guarantees requirements and the way, and interests share approach; (ten) performance assessment approach and the award approach, and default responsibility, and
Contract dispute resolution and so on.
12th agent service charges should be based on construction work, construction investment, project characteristics and reasonable factors such as risk-sharing agreement. 13th construction project management by objective.
Generation unit based on construction contracts and other units involved enter into a contract of management objectives, refinement, decomposition of engineering quality and safety objectives, progress, investment, environmental protection, building management, development of construction management system, ensure that goal is reached. 14th project legal person according to the construction contract for construction management and assessment of control and punishment, urging units strictly carry out contract.
Agent services should be in accordance with the project schedule and target check payable in instalments.
15th due to demolition or funding was not timely, non-agent unit caused delays, such as management objectives cannot be achieved, legal and construction units should be based on the contract, reasonable adjustments to agency management objectives.
16th chapter construction management project legal person according to the construction contract to supervise the project implementation process. Project corporate of main duties including: (a) law bear highway construction project of engineering quality and security, management responsibility; (ii) strictly implementation national capital program and about provides, law organization handle related approval procedures, urged related parameter built units implementation related requirements; (three) validation generation built units work programme, and project management target and main work plans, regularly organization check and assessment; (four) can authorized generation built units law selected survey design, and construction, and material equipment supply, units, Representatives of project Corporation signing contracts with these units, clear project Corporation, construction units and the rights and obligations of the units mentioned above. Project corporate directly and survey design, and construction, and material equipment supply, units signed contract of, should in contract in the clear generation built units on above units of management duties; (five) tie place Government and about sector completed land demolition work; (six) financing construction funds, timely paid engineering construction the costs; (seven) check project quality, and security management and the mandatory standard implementation, situation, audit generation built units submitted of General, and larger and the major design change programme, law handle related change procedures,
Urge the construction units based on the budget for the tight control of project investment; (VIII) Organization project acceptance, completion and final acceptance preparation and (IX) other statutory responsibilities.
17th section, change, termination of the agency contract, project legal person shall be filed with the provincial departments of transportation.
Project legal discovery exists in generation units in construction and management negligence or deviant behavior, may cause significant loss or seriously affect the realization of the objectives of building management, agency legal representative should be interviewed and, if necessary, can be based on construction contract termination of the agency contract.
18th article project corporate shall not has following behavior: (a) intervention generation built units normal of construction management behavior; (ii) for no reason arrears engineering paragraph and generation built service fee; (three) violation contract agreed requirements generation built units and construction units specified points package or specified material, and equipment suppliers; (four) unauthorized adjustment duration, and quality, and investment, generation built management target; (five) national provides and contract agreed of other ban sex. 19th construction unit under the contract to carry out construction work. Main duties including: (a) strictly implementation national capital program and about provides, assist project corporate handle related approval procedures and implementation related requirements, tie national about sector law organization check, and assessment,, is responsible for implementation rectification; (ii) assist project corporate or by project corporate delegate, organization prepared tender file, completed survey design, and construction, and supervision, and material equipment supply, tender work; (three) on survey design, and construction, and supervision, and material equipment supply, and technical advice, units for contract management, According to contract agreed, refinement, and decomposition project management target, implementation target responsibility; (four) according to related regulations and contract, perform engineering quality, and security, and progress, and measurement, and funds paid, and environmental protection, related responsibility, audit, and issued project construction management about file; (five) according to contract assist completed land demolition work; (six) developed project progress plans, and funds using plans, and engineering quality and security guarantees measures,, and reported by project corporate agreed; (seven) validation General design change and submitted project corporate,
Assist project corporate handle larger and the major design change approval procedures; (eight) organization Middle acceptance, assist project corporate organization completion acceptance; (nine) bear project archives and the about technology information of collection, and finishing, and archive, work, organization units prepared completed file; (ten) is responsible for quality defects responsibility period within of defects maintenance work management, tie project corporate prepared completed acceptance related work; (11) generation built contract agreed of other duties. 20th article generation built units shall not has following behavior: (a) to surrounding standard, and series standard, illegal seek bid; (ii) will generation built management business subcontracting or points package; (three) in by generation built of project in the while bear survey design, and construction, and supply material equipment, or and above units has membership relationship and the other directly interests relationship; (four) unauthorized adjustment construction content, and construction scale, and construction standard and the generation built management target; (five) and survey design, and construction, and material equipment supply units, collusion,
Seeking unlawful interests or lowering the quality and standards, damages interests of legal persons; (f) the national provisions and other prohibited conduct stipulated in the contract.
21st construction unit shall accept the Transport Department and other relevant departments of supervision, inspection and auditing departments audit. 22nd generation units with the capability of supervision, engineering supervision of construction projects by construction units responsible for bear management responsibility. Unit personnel should be eligible for supervision according to law and the experience.
Units do not have the ability of supervision, supervision tender according to law should be selected.
23rd survey design, construction, supervision, materials and equipment supply units shall in accordance with the relevant regulations and the contract, accept the agent construction management, the violator shall bear corresponding responsibilities responsibility and quality of life.
24th levels of transportation authorities and their oversight bodies should strengthen the supervision and management of highway construction projects, with emphasis on the implementation of national laws, regulations, policies, and capital construction program and the mandatory implementation of the standards, supervise and inspect the implementation of construction contract, identify problems and notify the project entity and agent units for rectification. 25th Ministry of transport set up road construction units of credit evaluation system of construction project, on the national highway construction market credit information platform publishing units of credit information in a timely manner.
Illegal, disturb the construction market order or violate the provisions of article 20th-generation unit, and blacklisted.
Provincial transportation authorities should collect and record credit of construction units, building a unit credit rating mechanism.
Article 26th project Corporation and construction units in violation of these regulations and related laws and regulations, by the Department of transportation, or other related departments shall be subject to appropriate penalties. The fourth chapter supplementary articles article 27th these measures shall take effect on July 1, 2015.
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