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Registered Construction Engineer Management

Original Language Title: 注册建造师管理规定

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(Announced December 28, 2006, the Ministry of construction, 153th come into force on March 1, 2007) Chapter I General provisions article in order to strengthen the management of certified architect, regulate the practice of registered construction engineer to improve project management level, ensure the quality and safety of the project, pursuant to the building Act, the administrative licensing law, the construction engineering quality management regulation and other laws and administrative rules and regulations, this provision is enacted.
    Article People's Republic of China registered construction engineer's registration, licensing, continuing education and supervision, these provisions shall apply.
    Registered construction engineer mentioned in article III of the regulations, is the identification through examination or examinations to obtain People's Republic of China construction engineer qualification certificate (hereinafter certificate) and registered in accordance with these provisions, made People's Republic of China Construction Division registration certificate (hereinafter certificate) and certified seal, served as head of construction projects, and professional and technical staff engaged in related activities.
    Without a registration certificate and seal of practice may not serve as a construction project manager of large and medium construction projects shall not be engaged in related activities in the name of a registered architect.
    Fourth building departments under the State Council for the national certified architect registration, practice exercise unified supervision and management of State railway, transportation, water resources, information industry, civil aviation, such as the duties of relevant departments under the State Council, national registered construction engineer's practicing professional engineering supervision and administration.
    Local building departments of the people's Government at or above the county level in the administrative area of registered construction engineer's registration, supervise the activities of practice; local people's Governments at or above the county level transportation, water conservancy, communications, and other relevant departments within the scope of their respective duties, within the administrative area of registered construction engineer's practicing professional engineering supervision and administration.
    Chapter II registration article fifth registered construction engineer's registration practice management system, certified architect into a certified architect and level II certified architect.
    Qualifications of personnel, on behalf of the registered party to a registered architect practising.
    Sixth application for initial registration shall contain the following conditions: (a) determined by the assessment or examination qualifications; (b) employed in a related unit, (iii) meet the continuing education requirements; (d) are not listed in this article 15th.
    Seventh made a level constructs the teacher qualification and employed in a construction engineering survey, design, construction, supervision and tendering agency personnel, consulting and other units should be adopted by the employer to the registered seat of the province, autonomous region and municipality building departments to submit applications for registration. Building departments of the provinces, autonomous regions and municipalities to accept after the preliminary review opinions and advice in the first instance and all application materials submitted to the State Council Building Department approval; related to railways, roads, ports and waterways, water conservancy, electricity, communications and broadcasting, civil aviation, building departments all application materials should be sent by the State Council departments concerned at the same level.
    Meet the requirements, issued by the competent construction department under the State Council of the People's Republic of China class-a Builder registration certificate and approved by practicing seal numbers. Article eighth application for initial registration, provinces, autonomous regions and municipalities-building Department shall from the date of acceptance of the application, reviewed in the 20th, and materials and trial observations and application construction by the State authorities. Building departments under the State Council shall receive a province, autonomous region or municipality building authorities date of submitted materials, finished 20th in the approval and make a decision in writing.
    Relevant departments shall on receipt of the building departments of the State Council the application materials from the date of the transfer, in the 10th completed the review, and send comments building departments of the State Council. Register to apply for registration of change and continuity, provinces, autonomous regions and municipalities-building Department shall from the date of acceptance of the application review is completed within the 5th. Building departments under the State Council shall receive a province, autonomous region or municipality building authorities date of submitted materials, finished 10th in the approval and make a decision in writing.
    Departments concerned upon receipt of the application materials for the building transferred to the competent authority of the State Council, should be processed in the 5th, and send comments building departments of the State Council. Article Nineth grade construction qualification of personnel applying for registration, the construction of the people's Governments of provinces, autonomous regions and municipalities directly under the competent authority responsible for receiving and approving, approval procedures by the provinces, autonomous regions and municipalities legally determined by the Building Authority.
    Registered, issued by the building Department uniform styles of the People's Republic of China two-level constructs the teacher registration certificate and certified seal, and sent the State Department building in the 30th when the certificate issued by the competent authorities.
    Tenth registration certificate and certified seal is the registered architect practising certificate by registered construction engineer I keep and use.
    Registration certificate with the seal is valid for 3 years of practice.
    Level registered construction engineer's certificate of registration by the competent construction department printed seal by the construction management Department under the State Council style of practice, building departments of the provinces, autonomous regions and municipalities organized production. 11th the initial registration, may be eligible submit an application within 3 years from the date of issue of the certificate.
    Outstanding applicants, subject to the continuing professional education requirements before they can apply for the initial registration.
    Application for initial registration need to submit the following documents: (a) registered construction engineer's initial application for registration; (b) the qualification certificate and academic certificate and copy of ID, (iii) signed by the applicant and employer hired labor contract copy or other valid documents; (iv) late application for initial registration, and shall provide documentation of meeting continuing education requirements. 12th registration expires to continue to practise, shall, on the expiry of the registration before 30th, in accordance with the provisions of article seventh and eighth renewal of registration.
    Continue registration, valid for 3 years.
    Renewal of registration, the following documents shall be submitted: (a) registered construction engineer's continuing registration form, (ii) the original registration certificate, (iii) signed by the applicant and employer hired labor contract copy or other valid documents; (d) to meet the continuing education requirement within the period of registration of the applicant's evidence.
    13th during the term of registration, registered architect practising unit of change should be in accordance with the original employer termination of labor relations, and in accordance with the provisions of article seventh and eighth alteration registration, changes after registration are still continued validity of the original registration.
    Application change registered of, should submitted following material: (a) registered built Division change registered application table; (ii) registered certificate and practice industry seal; (three) applicants and new hired units signed of hired contract copies or effective proved file; (four) work mobilization proved (and original hired units lifted hired contract or hired contract due of proved file, and retired personnel of retired proved).
    14th registered construction engineer's need to increase practice professional, an application shall be in accordance with the provisions of article seventh increase professional registration, and to provide appropriate credentials. 15th article applicants has following case one of of, not registered: (a) not has completely civil capacity of; (ii) application in two a or two a above units registered of; (three) not reached registered built Division continues to education requirements of; (four) by criminal punishment, criminal punishment yet implementation finished of; (five) for practice industry activities by criminal punishment, since criminal punishment implementation finished of day up to application registered of day check discontent 5 years of; (six) for preceding paragraph provides yiwai of reasons by criminal punishment,
    Since punishment decided of day up to application registered of day check discontent 3 years of; (seven) was revoked registered certificate, since punishment decided of day up to application registered of day check discontent 2 years of; (eight) in application registered of recently 3 years within served as project manager during, by is responsible for project occurred had major quality and security accident of; (nine) applicants of hired units not meet registered units requirements of; (ten) age over 65 age of; (11) legal, and regulations provides not registered of other case.
    16th article registered built Division has following case one of of, its registered certificate and practice industry seal failure: (a) hired units bankruptcy of; (ii) hired units was revoked license of; (three) hired units was revoked or withdrawn qualification certificate of; (four) has and hired units lifted hired contract relationship of; (five) registered effective expires and not continued registered of; (six) age over 65 age of; (seven) death or not has completely civil capacity of; (eight) other led to registered failure of case.
    17th article registered built Division has following case one of of, by registered organ handle cancellation procedures, recovered registered certificate and practice industry seal or announcement registered certificate and practice industry seal void: (a) has this provides 16th article by column case occurred of; (ii) law was revoked registered of; (three) law was revoked registered certificate of; (four) by criminal punishment of; (five) legal, and regulations provides should cancellation registered of other case.
    Registered construction engineer of any of the circumstances listed in the previous paragraph, registered architect and the employing unit shall apply for registration to the registration authority in a timely manner; the units and individuals have the right to report to the registration authorities; construction of local people's Governments at or above the county level the competent Department in charge or relevant departments shall inform the registration authority.
    18th cancelled the registration or refuse to register, after the re-registration requirements, you can reapply for registration pursuant to the seventh, eighth. Article 19th architect due to loss, defaced with a registration certificate or a practicing seal, need a replacement, should be published in the public media of the proof of loss statement, apply to the registration authority has gone through.
    Original registration authority should be completed in the 5th.
    20th chapter practice qualifications of personnel should be employed in a construction engineering survey, design, construction, supervision and tendering agent, construction cost consulting qualification of one or more of the units registered before they can engage in appropriate practice.
    As a construction company in charge of the project, should be employed and registered in a qualified business.
    21st the specific scope of practice of registered construction engineer in accordance with the size of registered construction engineer's practicing engineer in implementation of the standards.
    Registered architect shall at the same time on two and on construction projects of two or more people as construction company project manager.
    Registered construction engineer may work in general construction project contract management or construction management, construction project management services, construction project technical economic advice, as well as the laws, administrative regulations and other business building departments under the State Council.
    22nd construction project construction management of construction activities in the form of related files should be signed and sealed by a registered architect practising seal.
    Construction sign on the quality of the file, you must have registered construction engineer's signature and seal.
    23rd registered construction engineer on every registered within the period of validity shall meet the continuing education requirements for building departments under the State Council. Continuing education is divided into compulsory and elective courses, each registered within the period of validity for 60 hours.
    Meet the qualifying standard of continuing education, continuing education certificate issued.
    Specific continuing education requirements by the competent construction department in conjunction with the departments concerned under the State Council separately.
    24th article registered built Division enjoys following right: (a) using registered built division name; (ii) in provides range within engaged in practice industry activities; (three) in I practice industry activities in the formed of file Shang signed and stamped practice industry seal; (four) custody and using I registered certificate, and practice industry seal; (five) on I practice industry activities for explained and defended; (six) accept continues to education; (seven) get corresponding of labor paid; (eight) on violations I right of behavior for representations.
    25th article registered built Division should perform following obligations: (a) comply with legal, and regulations and about management provides, adhere to the ethics; (ii) implementation technology standard, and specification and procedures; (three) guarantee practice industry results of quality, and bear corresponding responsibility; (four) accept continues to education, efforts improve practice industry standard; (five) conservative in practice industry in the knows of national secret and others of commercial, and technology, secret; (six) and party has interest relationship of, should active avoided;
    (G) assist the registration administration organ to complete related work. 26th article registered built Division shall not has following behavior: (a) not perform registered built Division obligations; (ii) in practice industry process in the, bribes, and bribery or seek contract agreed costs outside of other interests; (three) in practice industry process in the implementation commercial bribery; (four) signed has false records, not qualified of file; (five) allows others to himself of name engaged in practice industry activities; (six) while in two a or two a above units employed or practice industry; (seven) altered, and reselling, and rental, and
    Lend or in any other form of illegal transfer certificates, certificates of registration and practising seal (h) beyond the scope of practice and business engaged in the practice of the employing organization; (IX) other behaviors prohibited by laws, rules and regulations.
    Supervision and administration of the fourth chapter 27th people's Governments above the county level building departments and other relevant departments shall, in accordance with the relevant laws and regulations and these regulations, of registered construction engineer's registration, practice and continuing education in supervision and inspection.
    28th building departments under the State Council shall be registered construction engineer's registration information to inform provinces, autonomous region and municipality building authorities.
    The province, autonomous region, municipality building authorities registered construction engineer's registration information should be informed within the administrative area of the city, County, municipal district people's Government Building Department.
    29th article County above government construction competent sector and about sector perform supervision check duties Shi, right to take following measures: (a) requirements was check personnel show registered certificate; (ii) requirements was check personnel where hired units provides about personnel signed of file and the related business document; (three) on about problem asked signed file of personnel; (four) corrected violation about legal, and regulations, and this provides and the engineering standard specification of behavior.
    30th registered construction engineer's illegal activities, violations and construction of local people's Governments at or above the county level authorities or other competent authorities should investigate and punish according to law, and illegal facts and the processing results to the registration authorities; deregistration according to law, illegal facts, recommendations and related materials should be reported to the registration authorities.
    31st article has following case one of of, registered organ according to terms or according to interest relationship people of requests, can revoked registered built Division of registered: (a) registered organ staff abuse, and negligence made granted registered license of; (ii) beyond statutory terms made granted registered license of; (three) violation statutory program made granted registered license of; (four) on not meet statutory conditions of applicants issued registered certificate and practice industry seal of; (five) law can revoked registered of other case.
    Applicant fraud, bribery or other improper means of registration, should be rescinded.
    Article 32nd construction Division and the employing unit shall, in accordance with the requirements for registration, to the registration authority to provide true, accurate and complete registered construction engineer's credit file information. Credit record should include the registration of registered construction engineer construction manager basic conditions, performance, good behavior and bad behavior, and so on.
    Illegal acts, complaints processing, administrative punishments should be recorded as registered construction engineer's bad behaviour of their credit file.
    Registered construction engineer's credit file information to the public in accordance with the relevant provisions.
    Fifth chapter legal liability article 33rd to hide relevant information or provides false information to apply for registration, building departments shall not accept or refuse to register and give a warning, the applicant may not apply again for registration within 1 year. Article 34th by fraud, bribery or other improper means to obtain a registration certificate, by the registration authority to revoke its registration, shall not apply for register again within 3 years, and by the Department of construction of local people's Governments at or above the county level shall impose a fine.
    There is no illegal income, impose a 10,000 yuan fine; illegal gains, illegal gains shall be punishable by 3 times and not exceeding 30,000 yuan fine.
    35th article violation this provides, not made registered certificate and practice industry seal, served as medium construction project construction units project head, or to registered built Division of name engaged in related activities of, its by signed of engineering file invalid, by County above place Government construction competent sector or other about sector give warning, ordered stop illegal activities, and can sentenced 10,000 yuan above 30,000 yuan following of fine.
    36th article violates this provision does not register such changes and continue to practice, construction of local people's Governments at or above the county level by the competent department or other relevant departments a rectification; fails to correct, punishable of up to 5000 Yuan fine.
    37th in violation of this provision, the registered architect in practice in one of the acts listed in article 26th, construction of local people's Governments at or above the county level by the competent authorities or other relevant departments to give warnings, correction, there is no illegal income, impose a 10,000 yuan fine; illegal gains, illegal gains shall be punishable by 3 times and not exceeding 30,000 yuan fine.
    38th article violates these provisions, registered construction engineer or their units registered construction engineer's credit file information is not provided in accordance with the requirements, construction of local people's Governments at or above the county level by the competent department or other relevant departments a rectification; fails to correct, punishable by fines of less than 1000 Yuan and 10,000 yuan.
    39th employers registered for the applicant provides false materials, construction of local people's Governments at or above the county level by the competent authorities or other relevant departments to give warning, rectification; fails to correct, punishable by fines of less than 10,000 yuan and 30,000 yuan.
    40th article County above government construction competent sector and staff, in registered built Division management work in the, has following case one of of, by its superior administrative organ or monitored organ ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal: (a) on not meet statutory conditions of applicants granted registered of; (ii) on meet statutory conditions of applicants not registered or not in statutory term within made granted registered decided of;
    (C) to comply with the statutory conditions of application as inadmissible or do not complete the trial within the statutory time limit, and (iv) use the convenience of duty and accept other person's property or other benefits; (v) does not perform its functions of supervision, or oversight, causing serious consequences.
                                                    Sixth chapter supplementary articles article 41st since the provisions take effect on March 1, 2007.