Administrative Measures For Engineering Cost Consulting Enterprises

Original Language Title: 工程造价咨询企业管理办法

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(March 22, 2006 the Ministry of construction, the 149th promulgated as of July 1, 2006) Chapter I General provisions article in order to strengthen the management of project cost consulting enterprises, improving the quality of engineering cost consulting, maintaining market order and social and public interests, in accordance with the People's Republic of China administrative licensing law and the administrative examination and approval items really necessary to be retained by the State Council to set administrative licensing decision, these measures are formulated.
    Article People's Republic of China territory of engineering cost consulting activities, implement supervision and administration of engineering cost consulting enterprises shall abide by these measures.
    Third engineering cost consulting enterprises in these measures refers to commissioned, on investment of construction project and cost determination and control provides professional consulting services to businesses.
    Article fourth engineering cost consulting enterprises shall obtain a qualification of engineering cost consulting enterprises, and to the extent permitted by their level of qualification in engineering cost consultation activities.
    Article fifth engineering cost consulting enterprises engaged in engineering cost consulting activities shall follow the principles of independence, objectivity, impartiality and good faith, must not harm the social and public interests and the legitimate interests of others.
    No unit or individual may unlawfully interfere with construction cost consulting activities according to law.
    Article sixth construction department under the State Council in charge of the national unified supervision and management of engineering cost consulting enterprises.
    The province, autonomous region, municipality building authorities are responsible for the supervision and administration of engineering cost consulting enterprises in the administrative area.
    Relevant professional departments responsible for the supervision and administration of engineering cost consulting enterprises.
    Article seventh engineering cost consulting industry organizations should strengthen industry self-regulation.
    Engineering cost consulting enterprises are encouraged to join the project cost consulting industry organizations.
    Chapter II qualifications and standard eighth engineering cost consulting qualification grade is divided into grade a, b.
    Nineth article class a engineering cost Advisory Enterprise qualification standard following: (a) has made serie b engineering cost Advisory Enterprise qualification certificate full 3 years; (ii) enterprise funded people in the, registered cost engineers number not below funded people total number of 60%, and its funded amount not below enterprise registered capital total of 60%; (three) technology head has made cost engineers registered certificate, and has engineering or engineering economic class senior professional technology titles, and engaged in engineering cost professional work 15 years above;
    (Four) full-time engaged in engineering cost professional work of personnel (following referred to full-time professionals) many Yu 20 people, which, has engineering or engineering economic class intermediate above professional technology titles of personnel not less than 16 people; made cost engineers registered certificate of personnel not less than 10 people, other personnel has engaged in engineering cost professional work of experience; (five) enterprise and full-time professionals signed labor contract, and full-time professionals meet national provides of career age (funded people except);
    (Six) full-time professionals personnel archives relationship by national recognized of personnel agent institutions on behalf of management; (seven) enterprise registered capital many Yu Yuan 1 million Yuan; (eight) enterprise near 3 years engineering cost advisory business income cumulative not below Yuan 5 million Yuan; (nine) has fixed of Office places, per capita Office area not less than 10 square meters; (10) technology archives management system, and quality control system, and financial management system complete;
    (11) for the full-time professional handling of complete social basic old-age insurance procedures; (12) at the approved qualifications within 3 years before the date of application no 27th acts prohibited by these measures. Tenth Article serie b engineering cost Advisory Enterprise qualification standard following: (a) enterprise funded people in the, registered cost engineers number not below funded people total number of 60%, and its funded amount not below registered capital total of 60%; (ii) technology head has made cost engineers registered certificate, and has engineering or engineering economic class senior professional technology titles, and engaged in engineering cost professional work 10 years above; (three) full-time professionals many Yu 12 people, which, Has engineering or engineering economic class intermediate above professional technology titles of personnel not less than 8 people; made cost engineers registered certificate of personnel not less than 6 people, other personnel has engaged in engineering cost professional work of experience; (four) enterprise and full-time professionals signed labor contract, and full-time professionals meet national provides of career age (funded people except); (five) full-time professionals personnel archives relationship by national recognized of personnel agent institutions on behalf of management; (six) enterprise registered capital many Yu Yuan 500,000 yuan
    ; (Seven) has fixed of Office places, per capita Office area not less than 10 square meters; (eight) technology archives management system, and quality control system, and financial management system complete; (nine) Enterprise for this units full-time professionals handle of social basic pension insurance procedures complete; (10) provisional period within engineering cost advisory business income cumulative not below Yuan 500,000 yuan; (11) application approved qualification grade of recently no this approach 27th article ban of behavior.
    Chapter III the qualification section 11th grade a construction cost consulting qualification, applicants should be registered seat of provinces, autonomous regions and municipalities responsible for construction or application from the professional departments of the State Council.
    Governments of provinces, autonomous regions and municipalities directly under the building departments, relevant professional departments of the State shall accept the application materials within 20th of this review has been completed and preliminary review opinions, and all application materials are submitted to the State Council building departments; building departments under the State Council shall from the date of acceptance of the decision in the 20th. Article 12th grade b qualification of engineering cost consulting enterprises, the people's Governments of provinces, autonomous regions and municipalities directly under the building departments to review decisions.
    Among them, apply for professional grade b qualification of engineering cost consulting enterprises, by provinces, autonomous regions and municipality building departments concerned at the professional sectors to review decisions.
    Grade b qualification of engineering cost consulting enterprises to implement the program by provinces, autonomous regions and municipalities legally determined by the Building Authority.
    The provinces, autonomous regions and municipality building authorities shall take a decision within 30th of, granted the qualification decision reported to the building departments of the State Council for the record. 13th article application engineering cost Advisory Enterprise qualification, should submitted following material and while in online declared: (a) engineering cost Advisory Enterprise qualification grade applications; (ii) full-time professionals (containing technology head) of cost engineers registered certificate, and cost Member qualification certificate, and professional technology titles certificate and ID; (three) full-time professionals (containing technology head) of personnel agent contract and Enterprise for its pay of this year social basic pension insurance costs of voucher; (four) Enterprise articles, and Shareholders funded agreement and attached business sector issued of shareholders funded situation proved; (five) Enterprise paid business income of business tax invoice or tax sector issued of paid engineering cost advisory business income of business tax-paid proved; enterprise business income containing other business income of, also needed issued engineering cost advisory business income of financial audit report; (six) engineering cost Advisory Enterprise qualification certificate; (seven) Enterprise license; (eight) fixed Office places of rental contract or property proved; (nine) about enterprise technology archives management
    Files, financial management systems, quality control and (10) other materials stipulated by laws and regulations.
    New applications of engineering cost consulting qualification, do not need to submit the preceding paragraph (v) and (vi) listed materials.
    14th new applications of engineering cost consulting qualification, their level of qualifications in accordance with article tenth of these measures (a) to (I) qualification standards approved to category b listed, located tentatively scheduled for a period of one year. Provisional expire on a regular basis to continue to engage in engineering cost consultation activities, should be temporarily expire 30th on a regular basis, to the licensing authority for the renewal of certificates of qualification.
    Meet the qualification criteria, by the licensing authority issue a certificate of qualification.
    Section 15th qualification, qualification engineering cost consulting qualification certificate shall be issued to the applicant. Engineering cost consulting qualification certificate by the building Department printed originals and copies.
    Copy of the original and has the same legal effect.
    Lost certificate of engineering cost consulting enterprises, after shall be declared void in the public media, to the qualification to apply for a replacement.
    16th engineering cost consulting qualification is valid for 3 years. Expiry date of the certificate, it needs to continue to engage in engineering cost consulting activity, shall, on the expiry date of the certificate qualification to a qualification authority renewal application before the 30th. Qualification licensing authority shall, according to the decision on whether to approve the extension of the application.
    Approve the extension, qualification is valid for 3 years.
    Article 17th of engineering cost consulting enterprises name, domicile, organization, legal representative, technical manager, matters, such as changes of the registered capital shall change within the established date of the 30th, the licensing authority for certificate of qualification procedures.
    18th engineering cost consulting enterprises merged, the combined existence or new engineering cost consulting enterprises can inherit the higher qualification levels in the parties prior to the merger, but shall conform to the appropriate level of qualification criteria.
    Division of engineering cost consulting enterprises can only be inherited by the party after the separation of the original project cost consulting qualification, but it should be consistent with the original construction cost consulting qualification grade condition.
    Fourth chapter article 19th in engineering cost consulting management project cost consulting enterprises in engineering cost consulting activities according to law, not subject to administrative restrictions.
    Grade a construction cost consulting enterprises can engage in all kinds of construction projects construction cost consulting business.
    Category b projects cost consulting enterprises can engage in construction cost of 50 million Yuan the following types of project construction cost consulting business. 20th engineering cost consulting business scope includes: (a) project proposal and feasibility study of investment estimation, compilation and review of project economic evaluation report;

    (Ii) construction project almost budget of prepared and audit, and tie design programme than selected, and optimization design, and limit design, work for engineering cost analysis and control; (three) construction project contract price of determine (including tender engineering engineering volume listing and bid, and bid quotes of prepared and audit); contract price of signed and adjustment (including engineering change, and engineering negotiation and claims costs of calculation) and the engineering paragraph paid, engineering settlement and the completed knot (summary) is report of prepared and audit,;
    (D) construction cost appraisal of economic disputes and arbitration consultation; (v) provision of project cost information service.
    Organization for construction of engineering cost consulting enterprises can implement the whole process or several stages of management and services.
    21st engineering cost consulting enterprises in undertaking all kinds of project construction cost consulting business, written project construction cost consultation contract shall be entered into with the client.
    Engineering cost consulting enterprises and clients can refer to the construction cost consultation contract (demonstration text) conclusion of the contract.
    22nd engineering cost consulting enterprises engaged in engineering cost consulting business, shall, in accordance with the relevant provisions require cost outcome.
    Project cost outcome documents should be stamped by engineering cost Advisory enterprises name, qualifications and practising certificate number seal, certified cost engineers and managed by the Executive consulting businesses signed and stamped seal of practice.
    23rd article engineering cost Advisory enterprise established branch institutions of, should since received branch institutions license of day up 30th within, holding following material to branch institutions business registered location province, and autonomous regions, and municipalities Government construction competent sector record: (a) branch institutions license copies; (ii) engineering cost Advisory Enterprise qualification certificate copies; (three) intends in branch institutions practice industry of many Yu 3 name registered cost engineers of registered certificate copies;
    (D) the branches fixed office space rental contract or proof of ownership.
    Provinces, autonomous regions and municipalities building departments shall be accepted from the date of filing in the 20th, building departments under the State Council for the record.
    Article 24th branches in engineering cost consulting business, shall be established by the branch of engineering cost Advisory enterprises to undertake the project cost consulting services, the development of project construction cost consultation contract, issued by the outcome document of the project cost.
    Branches may not be in their own name to undertake the project cost consulting services, the development of project construction cost consultation contract, issued by the outcome document of the project cost.
    25th construction cost consulting enterprises across provinces, autonomous regions and municipalities to undertake engineering cost consulting business, shall undertake business to the construction project is located within the 30th of provinces, autonomous regions and municipalities-building departments.
    26th engineering cost consulting fees shall be in accordance with the relevant provisions in construction projects construction cost consultation contract agreed by the parties concerned.
    27th article engineering cost Advisory Enterprise shall not has following behavior: (a) altered, and reselling, and rental, and lending qualification certificate, or to other form illegal transfer qualification certificate; (ii) beyond qualification grade business range undertake engineering cost advisory business; (three) while accept tender people and bid people or two a above bid people on same project of engineering cost advisory business; (four) to give rebate, and malicious down charges, way for not due competition; (five) subcontracting undertake of engineering cost advisory business;
    (Vi) other behaviors prohibited by laws and regulations.
    Article 28th unless otherwise prescribed by laws and regulations, without the written consent of the client, engineering cost consulting enterprises shall not provide engineering cost advisory services informed the parties in the course of trade secrets and business information.
    Article 29th construction of local people's Governments at or above the county level authorities, relevant departments shall, in accordance with the provisions of relevant laws and regulations and these rules of engineering cost consulting enterprises conducting supervision and inspection in engineering cost consulting business activities. 30th article supervision check organ perform supervision check duties Shi, right to take following measures: (a) requirements was check units provides engineering cost Advisory Enterprise qualification certificate, and cost engineers registered certificate, about engineering cost advisory business of document, about technology archives management system, and quality control system, and financial management system of file; (ii) into was check units for check, check out engineering cost Advisory results file and engineering cost advisory contract, related information; (three) corrected violation about legal, and
    Regulations and these rules, and rules of practice.
    Supervising and inspecting authority shall supervise and inspect the results to the public.
    31st monitoring and checking of the control and inspection authorities, there should be more supervision and inspection personnel, and to produce their documents will not affect the normal operation of the unit under inspection activities shall not solicit or accept a property and gain other benefits.
    Units and individuals shall assist and cooperate with law the supervision and inspection, and shall not refuse or obstruct.
    32nd article has following case one of of, qualification license organ or its superior organ, according to interest relationship people of requests or according to terms, can revoked engineering cost Advisory Enterprise qualification: (a) qualification license organ staff abuse, and negligence made granted engineering cost Advisory Enterprise qualification license of; (ii) beyond statutory terms made granted engineering cost Advisory Enterprise qualification license of; (three) violation statutory program made granted engineering cost Advisory Enterprise qualification license of;
    (D) make a grant to an applicant who does not have administrative licensing requirements qualification of engineering cost consulting enterprises; (v) the law may revoke the qualification of engineering cost consulting enterprises in other circumstances.
    Engineering cost consulting enterprises to fraud, bribery or other improper means of engineering cost consulting qualification, shall be revoked.
    33rd engineering cost consulting enterprises after obtaining the qualification of engineering cost consulting enterprises, no longer meets the appropriate qualifications, qualification bodies according to the request of the interested party or ex officio, may be ordered to rectify; fails to change, may withdraw his qualification.
    34th article has following case one of of, qualification license organ should law cancellation engineering cost Advisory Enterprise qualification: (a) engineering cost Advisory Enterprise qualification effective expires, not application continued of; (ii) engineering cost Advisory Enterprise qualification was revoked, and withdrawn of; (three) engineering cost Advisory enterprise law terminated of; (four) legal, and regulations provides of should cancellation engineering cost Advisory Enterprise qualification of other case.
    35th engineering cost consulting enterprises shall be in accordance with the relevant provisions, to permit qualification authority to provide true, accurate and complete engineering cost consulting enterprises credit file information. Engineering cost consulting enterprises ' credit record should include the basic construction cost consulting enterprises, performance, good behavior and bad behavior, and so on.
    Violations, complaints processing, administrative punishments should be recorded as bad records of engineering cost consulting enterprises credit profile.
    Any unit and individual have the right to access to credit records.
    Fifth chapter legal liability article 36th applicants to hide relevant information or provides false materials in engineering cost consulting qualification application inadmissible or not to permit qualification, and give a warning, the applicant may not apply again in 1 year project cost consulting qualification.
    37th by fraud, bribery or other improper means of engineering cost consulting qualification, local people's Governments at or above the county level responsible for building or relevant professional sectors in a warning, and a fine of 10,000 yuan and 30,000 yuan fine, applicant not apply again for engineering cost consulting qualification in 3 years.
    Article 38th engineering cost consulting qualification in engineering cost consultation activities or beyond the level of qualification to undertake engineering cost consulting business, engineering cost outcome document issued invalid, local people's Governments at or above the county level responsible for building or relevant professional sectors in a warning, rectification, and a fine of 10,000 yuan and 30,000 yuan fine.
    39th disobey article 17th, qualification certificate of engineering cost consulting enterprises does not handle change, shall be ordered by the qualification deadline management; fails to handle, can be fined 10,000 yuan fine.
    40th article has following behavior one of of, by County above place Government construction competent sector or about professional sector give warning, ordered deadline corrected; late not corrected of, can sentenced 5000 Yuan above 20,000 yuan following of fine: (a) violation this approach 23rd article provides, new established branch institutions not record of; (ii) violation this approach 25th article provides, across province, and autonomous regions, and municipalities undertake business not record of.
    41st engineering cost consulting enterprises have the 27th one of these measures, by local people's Governments at or above the county level responsible for building or relevant professional sectors in a warning, rectification, and a fine of 10,000 yuan and 30,000 yuan fine.
    42nd article qualification license organ has following case one of of, by its superior administrative competent sector 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 engineering cost Advisory Enterprise qualification license or beyond terms made granted engineering cost Advisory Enterprise qualification license decided of;
    (B) an applicant who meets the statutory requirements are not engineering cost consulting qualification license or is not made within the statutory time limit decision on admission to engineering cost consulting qualification license; (c) the use of the convenience of duty, accepting other people's property, or other interests, (iv) failure to perform a duty of supervision and management or that the violation is not investigated. Sixth chapter supplementary articles article 43rd these measures shall take effect on July 1, 2006.
    January 25, 2000 issued by the Ministry of construction management measures of engineering cost consulting unit (Ministry of construction, the 74th) repealed simultaneously. Before the implementation of these measures issued by the Ministry of construction regulations inconsistent with the provisions herein, is subject to this approach.

    44th Nineth herein paragraph (b), (f) and tenth, paragraph (a), (e) provides that temporarily is not available for these measures has been achieved prior to the implementation of engineering cost consulting qualification units and have not been converted.
              

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