(Released February 3, 2004 the Ministry of construction, the 124th) first in order to standardize housing construction and urban infrastructure construction subcontracting activities, maintain the order of the construction market, ensuring the quality and safety of construction under the People's Republic of China Law on construction, the People's Republic of China bidding law, the construction engineering quality management regulation and other relevant laws and regulations, these measures are formulated.
    Article People's Republic of China territory engaged in housing construction and urban infrastructure construction subcontracting activities, implementation of the housing construction and municipal infrastructure engineering, construction supervision and management of subcontracting activities, these measures shall apply.
    Third construction administrative departments under the State Council in charge of the national housing and urban infrastructure engineering construction supervision and management of subcontracting work.
    Construction administrative departments in charge of the local people's Governments at or above the county level in the administrative area of housing and municipal infrastructure engineering construction supervision and management of subcontracting work.
    Article fourth subcontracting in these measures refers to its contract of construction Enterprise house building and municipal infrastructure engineering professional engineering or service contracted to other construction companies to complete their work activities.
    Fifth house building and municipal infrastructure construction package divided into specialized engineering subcontracting subcontracting and services job.
    Major subcontracts mentioned in these measures refers to general contract Enterprise (hereinafter referred to as specialized subcontractor employer) to contract engineering projects with appropriate professional qualifications of other construction enterprises (hereinafter referred to as specialized sub-contractor) completed activity.
    Labor jobs subcontracted in these measures refers to the construction general contractor or specialty contractor (hereinafter referred to as service jobs the employer) to contract engineering services jobs in contract labor service enterprises (hereinafter referred to as service operations contractor) completed activity.
    Subcontracting projects included in these measures of this article and third paragraph of subcontracted works in major employer and employer services job; sub-contractors including this article, third in the professional contractor subcontracting project contractors and labor job.
    Sixth house building and municipal infrastructure construction subcontracting activities must be conducted in accordance with law.
    Encourage the development of professional contractors and labor service enterprises, promote subcontracting activities into tangible building market publicly traded, visible building market perfection of the subcontract works trading functions. Article seventh unit may not be directly nominated sub-contractor.
    No unit or individual is allowed to intervene in the subcontracting activities in accordance with law.
    Article eighth subcontracting the contractor must have the appropriate qualifications, and to the extent permitted by their level of qualification contract business.
    Individual contract subcontracting business is strictly prohibited. Nineth major subcontracts except in the construction contract have agreed in the contract must be recognized by the employer.
    Professional contract by subcontracting the contractor must complete the project. Labor jobs subcontracted by labor job the employer and labor jobs contractor labor contract.
    Labor job the contractor must complete a contracted task. Article tenth of the subcontract works contracting and subcontracting the contractor shall enter into subcontracts in accordance with law, and in accordance with the contract to fulfil a contractual obligation.
    Subcontracting of engineering and Labor's salary must be expressly agreed upon time, method of settlement and to ensure regular payment of corresponding measures to ensure that projects and services pay. Subcontracting project developer shall enter into subcontracts within 7 working days after, will send the contract project construction of local people's Governments at and above the county administrative departments.
    Sub-contract to major changes, subcontract works, the employer shall, within 7 working days after the change, will alter the deal to send the original filing record.
    11th subcontracting the employer shall set up a project management organization, organization management contracting project construction activities. Project management should have the contractors scale, technology adapted to the complexity of technology, economics and management staff. Among them, the head of project manager, technical manager, project accounting, quality managers, security managers must be the unit's personnel.
    Specific requirements of the people's Governments of provinces, autonomous regions and municipalities directly under the competent construction department.
    Units referred to in the preceding paragraph, refers to the legal personnel or labor contracts, salaries and social insurance personnel.
    12th subcontractor may subcontract the performance of the contract to the employer requiring contractor subcontracting subcontracting engineering project performance bond; subcontracted works in security has been provided to the contractor, require employer providing subcontracting subcontracting engineering works payment guarantee, subcontractor shall provide to the employer. 13th article prohibited contractual projects for subcontract.
    Failure to perform a contract, all of its contracted projects to others, or dismembered body in all of its contracted projects to subcontract respectively on behalf of the employer to others, belonging to the subcontract Act.
    Violation of these measures article 12th, after the employer subcontracts subcontracting works, project management was not established at the construction site and corresponding presence, is not to the Organization and management of the construction activities of the project, as with the subcontract Act. 14th prohibition of illegal subcontracting contract engineering.
    The following acts belong to the illegal subcontracting: (I) subcontracting engineering employer's professional engineering or service jobs subcontracted subcontracting the contractor does not have the appropriate qualifications and (ii) construction contract is not agreed in the contract, without the employer recognition, subcontracting projects who subcontract part of the professional work subcontracted to others.
    15th prohibition of transfer, loan qualification certificates or otherwise allow others to contract projects on behalf of the enterprise.
    Subcontracting engineering project developer fails to be contract subcontracting, construction site established by the project management Institute's project leader, technical director, head of project accounting, quality managers, security managers, not contractor personnel, allows others to contract projects on behalf of the enterprise. 16th sub-contractor shall subcontract agreement on the contracting of project to subcontract works, the employer is responsible for.
    Subcontracting the employer and contractor subcontracting subcontracting engineering project on joint and several liability unit. Article 17th of the subcontract works on the construction site of the employer is responsible for the safety, and the sub-contractor safety management.
    Professional subcontracting the contractor shall subcontract engineering construction organization design and construction safety program works the employer's records, specializing in subcontracting the employer any potential accident is discovered, it should be dealt with in a timely manner.
    Sub contractors on construction site security to subcontract works, the employer is responsible for, and shall comply with the subcontract works on the construction site of the employer's safety management.
    18th article violates these rules, subcontract, illegal subcontracting or allow others to contract projects in the name of the enterprise, in accordance with the People's Republic of China Law on construction, the People's Republic of China bidding law and the construction engineering quality management Ordinance shall be punished; to accept subcontract, illegal subcontracting and contract projects in other people's names, fines of between 10,000 yuan and 30,000 yuan.
    19th without subcontracting engineering construction Enterprise qualification to undertake, in accordance with the People's Republic of China construction law 65th article and the construction engineering quality management regulation 60th article and the provisions of the second paragraph. 20th these measures come into force on April 1, 2004.
                                                                Originally released on April 30, 1986, the Department of urban and rural construction and environmental protection of the measures for the implementation of construction and installation engineering General abrogated.