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Administrative Measures On Railway Construction

Original Language Title: 铁路建设管理办法

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(July 31, 2003 the Ministry released 11th) Chapter I General provisions article to strengthen the management of railway construction, specification for railway construction, railway construction, according to the People's Republic of China Railways Act, the People's Republic of China bidding law, the construction engineering quality management regulation, the regulations on the management of survey and design of construction projects and other relevant laws and regulations, these measures are formulated.
    Railway construction in these measures refers to article II, renovation project of railway construction project decision, prospective design, project implementation, completion, and all construction activities.
    Article these measures apply to People's Republic of China railway construction activities on the territory.
    IV construction of railways must implement relevant State policies, strict enforcement of national laws and regulations and the regulations of the competent Department under the State Council and the engineering construction compulsory standard, strict enforcement of construction procedures stipulated by the State.
    Article should stick to the science and technology innovation of railway construction, the active use of modern management methods, to promote the use of advanced technology, advanced equipment, advanced technology, new building materials, continuously improve the level of construction.
    Article should attach great importance to environmental protection and soil and water conservation of railway construction and disaster prevention and relief work, conserve energy and land conservation.
    Article implementation of tendering and bidding of railway construction, project supervision and contract management system and quality control system.
    Article quality and safety management of railway construction must be strengthened, to ensure project quality and protect people's life and property safety.
    Nineth engaged in railway construction project management, survey design, construction and supervision, consultation and other activities in China and principal, must acquire the appropriate professional qualification and personal qualification, working within the approved scope of eligibility and qualification, and accept supervision by the competent Department under the State Council in accordance with law, and inspection.
    Article tenth competent Department under the State Council is responsible for supervision and management of the railway construction work.
    Chapter II building program 11th railway construction program includes projects decision-making, design, project implementation and completion. 12th project decision-making stage. According to the railway construction plan, pre-feasibility study on the proposed project, preparation of project proposals; according to the medium and long-term plans or project proposals approved by the railway, preliminary measurement based on feasibility studies, preparation of feasibility studies.
    Project proposal and feasibility study report provided for by the State for approval.
    Project summary of construction projects, directly conduct feasibility studies, preparation of feasibility studies. 13th design stage. According to the approved feasibility study report, setting out on the basis of the preliminary design.
    Approval of the preliminary design review, construction drawing design.
    Project summary of the construction project, according to the approved feasibility study report, direct construction design. 14th stage of project implementation. During the preliminary design review approval of bidding, preparation of construction of the tissue engineering report.
    Starts after the approval of the report, with reference to the approved scale of construction, technical standards, the construction period and investment in accordance with the building construction drawing design documents and construction organizations organizations. 15th project acceptance.
    According to the approved design documents of railway construction projects completed or staging, staging is completed, according to the regulations of acceptance, transfer of capital. Chapter project management agency 16th railway construction projects and the responsibilities of building management unit is the Organization of construction project implementation agency, was directly responsible for achieving construction goals. Building management unit formed by the project investors select or.
    Construction project investment people according to the principle of unity of powers and responsibilities, clear construction management unit responsibilities and authorities, and monitor the completion of construction work.
    17th the Central Government direct investment on railway construction projects by the competent Department under the State Council according to the characteristics of the construction project, selecting construction management unit.
    Implementation project legal person responsibility system of railway construction projects, selected by project legal person or of the building management unit.
    Other railway construction projects, according to the State regulations and with reference to the option or of the building management unit.
    18th management of railway construction unit must be established according to law, engaged in the business of railway construction enterprise or institution with independent legal personality, and the following conditions are met: (a) have a similar construction project management performance, which is responsible for the investment control of construction project quality, good, transport, inspection, no quality problems. (B) compatible with the construction project, focus on technology, economics and management professionals.
    Of which: unit head, technical manager, Finance Manager, you must have a college degree, familiar with the country and the Railway Department of the railway building guidelines, policies, regulations and rules, a higher policy level.
    Owners must have strong organizational skills, have experience in construction project management, or held similar senior management in project construction site offices, and proved to be a competent senior executives.
    Main specifications of the technical director must be familiar with the railway construction, with practical experience in construction project management, or served as technical director of similar construction projects, and proved to be incompetent.
    Principal financial officers must be familiar with the financial provisions for the construction of the railway, with construction project investment control and financial management experience, or served as a similar project in charge of finance, and proved to be incompetent.
    (C) compatible with the construction project management technology, quality and economic management institutions, able to ensure the quality and safety of construction projects are in line with State regulations, good control of project investment, according to the financial management and accounting. 19th article construction management units of main duties: (a) implement national and State railway competent sector of about engineering construction of approach, and policy, and regulations and provides, according to approved of construction scale, and technology standard, and construction duration and investment, organization railway project construction, on engineering quality, and security, and duration, and investment, full process on delegate party is responsible for; (ii) organization survey design tender, organization implementation survey design, and engineering geological survey supervision and design advisory work; (three) Organization construction, and supervision, and Material equipment procurement tender, and bid Enterprise signed contract; (four) handle engineering quality supervision procedures; (five) is responsible for project of land, and demolition work, is responsible for approval construction project in the single engineering starts (return) report; (six) Organization prepared project construction organization design; (seven) is responsible for audit construction figure, supply design file, organization design site technology low-down; (eight) presentation project annual construction plans and the construction funds budget recommends; (nine) Organization, and coordination engineering construction in the appeared of problem, Is responsible for statistics, and report engineering progress; (10) by provides handle change design; (11) by provides organization or participation on engineering quality, and personal casualties and lane security, accident of survey and processing; (12) is responsible for project of financial management work, by provides using construction funds, handle and project about of various settlement business; (13) is responsible for inspection workers pricing, timely handle engineering price, funds of allocated and settlement; (14) is responsible for engineering completed acceptance early work,
    Tissue preparation of project documentation and final accounts, compiled project summary.
    Chapter fourth bidding and contract management article 20th railway construction must be in accordance with the requirements of the Socialist market economy, building a unified, open and orderly market for railway construction.
    Article 21st railway engineering survey and design of construction projects, construction, supervision and important project-related materials, equipment, procurement shall be legal tender.
    22nd railway construction project tender and bid activities shall conform to open, the principles of fairness, impartiality and good faith.
    23rd railway construction project tendering and bidding activities from regional or sectoral restrictions, no unit or individual may illegally restrict or exclude this area, outside the system of qualified enterprises or other organizations to participate in the tender, shall not be in any way illegal interference in the tendering and bidding activities.
    No unit or individual is allowed to railway construction projects will have to tender according to law breaking or for any other reason to Dodge tender.
    24th the railway construction project tendering and bidding activities are governed by the laws of the State, tender and bid activities and parties should accept supervision by the competent Department under the State Council and its client departments.
    25th construction management unit shall not require the successful bidder to split sections; survey design, construction Enterprise shall not be subcontracted construction works or undertake illegal subcontracting operations; construction enterprises shall not be transferred to undertake railway construction engineering supervision business. Article 26th tender after the winning bidder is determined, construction management unit and the winning bidder must, within the prescribed time limit, the contractual terms agreed upon in the bidding documents, written contracts, specific rights and obligations of the parties.
    Should be strictly observed by the parties to the contract, the defaulting party must bear the corresponding economic and legal responsibility.
    27th railway construction survey and design, construction, supervision and contracting practices the performance guarantee system, and actively implement the insurance system.
    28th railway construction implementation of the contract system, contracts signed in the 15th, building management unit should inform the competent Department under the State Council, or the record of the specified unit.
    29th on the fifth chapter survey design railway survey and design of construction projects should be linked to social, economic development level and adapt to railway development, and follow the principles of economic, social and environmental benefit.
    30th railway survey and design of construction projects should be carefully implemented national and issued by the competent Department under the State Council policy, engineering construction compulsory standard and State departments regarding project proposals, feasibility studies and preliminary design review approval. 31st railway survey and design of construction projects according to the relevant provisions of the bidding system, design of engineering geological investigation and supervision system, the Advisory System and design document review system.

    Article 32nd railway survey and design of construction engineering enterprises must strengthen technical management and quality management. Engineering geological investigation information must be factual and accurate; economic and social survey work should be carefully designed using system engineering theory, considering the transportation capacity, the quality of transport and construction scale and investment, recommend advanced appropriate technology standards.
    In the full scheme and technical economical comparison on the basis of, and recommend the best design.
    33rd railway construction and engineering design documents must reach the required depth of preliminary design budgetary estimate of static investment difference with the approved feasibility study report of static investment shall not exceed approved feasibility study report of static investment of 10%.
    34th railway construction engineering design and selection of materials, equipment, you should indicate its specifications, models, and other technical indicators, the quality requirements must be in line with the State standards.
    In addition to the special requirements of building materials, special equipment and technology, outer, design units shall not designate manufacturers and suppliers.
    35th railway construction projects begun, businesses must survey and design of survey and design contract, to explain to the construction, supervision and business design intent, explains the design documents, and send the design permanent site of representative institutions and personnel, in engineering survey and design issues that occur in a timely manner, improve and optimize survey design, and according to the regulations to change the design.
    36th railway survey and design of construction projects take the fee, according to the relevant regulations of the State and the railways Department to implement high quality and high price.
    Sixth article 37th chapter construction management of construction contracting enterprises of railway construction project must be related to implementation of national quality, safety and environment protection laws and regulations, accept supervision and inspection departments according to law.
    38th engineering contracting enterprises must fulfill the contract, in accordance with the contract, set up site management institution, equipped with appropriate engineering, construction and machinery and equipment. 39th construction contractors must be checked in detail the design documents, according to the construction plans and construction organization design and construction.
    On problems in design and construction of the reconnaissance and design issues, it must immediately notify in writing the design, supervision and construction management unit.
    40th construction contracting enterprises need to establish quality accountability, strengthen the management of quality, safety, establish and improve the quality and safety assurance system, civil construction, the implementation of standardized construction site.
    41st project construction contractor on the construction of key jobs, key trades, to strictly enforce the system of training posts.
    42nd engineer construction contracting companies have to building materials, concrete, frame accessories, equipment and inspected in accordance with the regulations, prohibited the use of substandard materials, products and equipment. 43rd engineer construction contractor shall not subcontract and illegal projects. Absolutely necessary to subcontract works should be set out in the tender documents, and specified in the contract.
    Construction contracting company for engineering quality and safety.
    44th engineer construction contractors in construction, we should accurately fill out various forms, preparation of completed documents in accordance with the regulations.
    45th lane seventh chapter railway general supervising engineer of construction supervision responsibility system and supervising practitioner certified system.
    Article 46th engineering supervision must be performed on railway construction specifications, based on the design documents, engineering quality inspection and evaluation standards for supervision.
    47th project management business according to contract and tender offer, set up site supervision organs, with Chief management engineer, professional engineer, as well as the necessary test equipment.
    48th construction site shall establish general supervision engineers, construction engineers, supervisors responsible for engineering supervision system, configuration of the site supervision personnel must meet the needs of supervision, involving key process engineering structural safety and concealed work, must implement the construction site supervision.
    49th supervisors must be carefully reviewed, check the design files, according to design documentation and construction organization design implementation supervision, investigation and design problems found on, must be notified in writing to the design and construction management unit.
    50th building materials, components and equipment must be signed by the supervising engineer to check before use or installation, key process involving structural safety, and concealed work, must be approved by the supervising engineer's signature before the next process operations.
    51st before allocation of project construction management unit, and pricing documents shall be subject to the general supervision engineer to sign.
    Eighth chapter quality management 52nd railway construction should strictly abide by the regulations on the management of construction engineering quality, construction management and surveying the design, construction, quality of management enterprises shall bear corresponding responsibility. 53rd railroad construction project quality supervision system of railway engineering quality supervision organizations and sending units for railway construction engineering quality supervision in accordance with law.
    Building management unit must be before the project starts, according to the provisions of quality control procedures. 54th railway construction engineering quality accident reporting, investigation and treatment, implementation of the relevant provisions of the State and the railways Department. Project quality accident occurs, construction management and construction supervision enterprises required reports in a timely manner, and to organize or assist in the investigation.
    No delays reported or undeclared.
    Project quality accident treatment information should be completed as the transfer took over unit. 55th railway construction project quality warranty system.
    Construction contractors warranty and quality problems that occur within the warranty period, as required to meet warranty obligations, losses and liability.
    Nineth 56th railway safety management must strictly enforce the People's Republic of China production safety law and other relevant laws and regulations on safety, strictly enforced to ensure safety standards and the safety requirements established by the competent Department under the State Council.
    57th railway construction construction management, design, construction, supervision, should establish a sound security system of education and training, strengthen the education and training of workers ' safety, without the safety training of personnel, not posts.
    Article 58th of railway construction safety responsibility and accountability, the legal responsibilities shall be investigated for criminal liability persons.
    59th railway safety facilities of construction projects must be simultaneously with the principal part of the project design, construction, completion, acceptance before they can put into formal operation. 60th rigid system of accident reporting, investigation and treatment, accidents of construction contractors, construction management and supervision required reports in a timely manner, and assist in the investigation and processing.
    Delayed reports is strictly prohibited and undeclared.
    Article 61st reconstruction of existing railway line construction and management of survey and design, construction, supervision and must strictly enforce the railway departments of the State Council on the rules and regulations for the construction of the existing railway line, accept the guidance and supervision of operating units, ensure the safety of transport and construction.
    Transformation of existing transition project must be qualified before they can open.
    Tenth chapter construction funds management 62nd rational determination of construction project investment in the construction of the railway, preliminary design budgetary estimate of construction project investment exceeded the approved feasibility study report of static investment should not be greater than the approved feasibility study report of static investment of 10%, due to exceptional circumstances beyond the person, must be reported to the approval of feasibility studies unit. 63rd investment in railway construction projects must be strictly controlled to avoid losses and waste, and improve investment efficiency.
    In addition to policies and special causes, may not increase preliminary approval of the design of construction project budget estimates.
    64th railways must strictly implement the State financial management system, strengthening the management of funds.
    65th financial investment in railway construction projects, required preparation of the construction budget, strict implementation of the approved budget. 66th construction of railways must strictly enforce the relevant payment provisions of construction funds, strictly in accordance with the contract price is paid, shall not exceed allocation, or default.
    No crowding out, interception or misappropriation of funds.
    67th utilization and management of funds for railway construction shall accept auditing supervision and inspection. 11th chapter 68th railway construction project completion acceptance according to the approved design documents after the completion of acceptance must be provided for by the State.
    Not qualified for acceptance or acceptance shall not be delivered. 69th acceptance of railway construction project organized by the inspection bodies and inspection bodies established under State regulations. Acceptance include preliminary inspection, final acceptance and transfer of fixed assets.
    Limit acceptance of projects and small projects at a time.
    70th construction management unit confirmed projects achieve the conditions to apply the preliminary inspection preliminary inspection report, reached the preliminary inspection according to inspection agency standards, organize preliminary inspection the project; after passing the preliminary inspection, delivery pipe operations. Official acceptance in principle of the 71st in the preliminary inspection a year later. Inspection Agency said construction projects meet the following formal acceptance criteria, and organizational acceptance.
    Upon the acceptance of the delivery operation.
    72nd after formal acceptance of construction projects, transfer of fixed assets in accordance with the provisions.
    73rd 12th chapter penalty units and individuals involved in railway construction activities, occurrence of violations violations in railway construction, the violator shall bear corresponding administrative, economic and legal responsibility.
    Competent Department under the State Council and its client departments conduct administrative penalties for violation of these measures.
    74th railway construction management unit violates these rules, any of the following acts shall be ordered to correct serious cases, reducing the level of qualification; directly responsible shall be given administrative punishments constitute a crime, criminal responsibility shall be investigated according to law. (A) must be tendered without bidding for construction projects, or illegal or irregular tenders, or subcontractors do not have corresponding qualifications of the project contracting units, (ii) fails to perform the construction management responsibilities, resulting in missed deadlines, poor workmanship or serious quality and safety accident;

    (Three) not by provides handle engineering quality supervision procedures unauthorized starts; (four) construction project without acceptance or acceptance not qualified, unauthorized delivered using; (five) unauthorized expanded construction project scale, and improve or reduced construction standard; (six) crowding out, and interception or misappropriated construction funds; (seven) not by approved of duration organization construction, blind compression duration, caused engineering quality poor, occurred major quality, and security accident; (eight) other illegal violations behavior.
    75th reconnaissance and design enterprises of railway engineering survey and design business in violation of the rules of any of the following acts shall be ordered to correct serious cases, suspension of eligibility to tender, by qualification reducing railway professional qualification or even revoke the qualification of the competent departments; directly responsible shall be given administrative punishments constitute a crime, criminal responsibility shall be investigated according to law.
    (A) beyond qualification grade license of range contract railway engineering survey design business, allows other units or personal to this units name contract railway survey design business, will by contract of railway survey design business for subcontracting or illegal points package; (ii) not according to engineering construction mandatory standard for design, or not according to survey results information for design; (three) design errors, caused serious economic loss; (four) not by provides for change design; (five) other illegal violations behavior.
    76th engineer construction contractor has undertaken construction projects construction business in violation of the rules of any of the following acts shall be ordered to correct serious cases, suspension of eligibility to tender, reducing railway professional qualification by the qualification examination and approval departments or even revoke the qualification constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) illegal, and violations participate in engineering bid, to illegal means bid; allows other units or personal to this units name contract railway engineering construction business, subcontracting or illegal points package engineering; (ii) not according to design file, and construction technology standard construction; construction in the Jerry, using not qualified of building materials, and building frame accessories and equipment; construction site management chaos, caused engineering quality poor and security hidden; (three) not perform contract and bid commitment, not perform warranty obligations;
    (D) does not accept the engineering quality supervision institutions supervision, does not accept the supervision unit check (v) significant quality accident or concealment of major safety accident, report deceitfully or delay reporting; (vi) find file errors are not reported, due to poor quality and potential safety hazard; (VII) other illegal activities.
    77th engineering supervision Enterprise railway engineering supervision services in violation of this regulation, any of the following acts shall be ordered to correct serious cases, suspension of eligibility to tender, reducing railway professional qualification by the qualification examination and approval departments or even revoke the qualification constitutes a crime, criminal responsibility shall be investigated according to law. (A) illegal, and violations participate in engineering supervision bid, used illegal means bid, transfer supervision business; (ii) and construction management, and design, and construction Enterprise collusion, fraud; (three) not seriously perform delegate supervision contract and bid commitment, supervision personnel for fault or dereliction of caused quality accident; (four) supervision personnel received bribery, received gift, asking for money real; (five) found design file errors not reported, or received construction units on design file errors of report and not timely to construction management units report,
    Due to poor quality and potential accidents, (vi) other illegal activities.
    78th railway construction and management staff have favoritism, abuse their powers, neglect their duties, shall be subject to disciplinary or administrative action constitutes a crime, criminal responsibility shall be investigated according to law.
    13th chapter supplementary articles article 79th utilizing foreign capital (including loans) railway construction project, otherwise provided by the State, the implementation of national provisions.
    80th published aspect of railway construction and management regulations, means inconsistent with this approach, is subject to this approach.
    81st article explaining these measures shall be formulated by the competent Department. 82nd article of the rules take effect on October 1, 2003.
                                                                                                              Issued by the Ministry of the interim measures for the management of railway infrastructure (rail [1990]191) repealed simultaneously.