Hangzhou Administration Of Construction Market Several Provisions

Original Language Title: 杭州市建筑市场管理若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399526.shtml

Hangzhou administration of construction market several provisions

    (January 9, 2014 Hangzhou City Government 18th times Executive Conference considered through February 18, 2014 Hangzhou City Government makes No. 277, announced since April 1, 2014 up purposes) first article for strengthening this city building market of management, maintenance building market order, according to People's Republic of China building method, and People's Republic of China tender bid method, and Zhejiang Province construction management Ordinance, about legal, and regulations of provides, combined this city actual, developed this provides.

Hangzhou City, the second building campaign within the administrative area, the implementation of architecture market management should abide by these provisions.

Construction market management in these rules refers to housing construction, municipal infrastructure projects (including urban rail traffic engineering), wires, pipelines and equipment installation engineering, decoration engineering construction projects, such as construction, survey, design, construction, supervision and cost consultancy, tender agent and other market activities of intermediary service monitor.

    Construction project referred to in the preceding paragraph does not include residential renovation and construction of low-rise housing projects by farmers. Third municipal construction Administrative Department is responsible for the unified supervision and management of the construction market in the city.

District and County (City) construction Administrative Department in accordance with its functions and powers, is responsible for the supervision and management of the construction market within their respective jurisdictions.

    Reform, business development, human security, quality and technical supervision, safety production supervision departments in accordance with their respective responsibilities, supervision and management of the construction market.

Article fourth building campaign should abide by relevant State laws and regulations and construction standards, and adhere to the quality, safety and unification between economic benefit, follow the principles of orderly competition and honest.

    Implementation activities in construction market supervision and administration, shall abide by the law and the principles of openness, fairness and justice.

Fifth unit investment building projects should have appropriate sources of funding and project management personnel, shall bear civil liability.

    Real estate development enterprise shall, within the scope allowed by their level of qualification, engaging in real estate development projects.

    The sixth survey, design, construction, supervision, cost consulting, tender agent and professional technical personnel, shall obtain a relevant qualification or credential, and their level of qualifications or qualifications within the business.

Article seventh can consist of unit construction and management conditions for construction projects to organize construction and management, or construction project management unit entrusted to carry out professional management. Construction unit should be commissioned project management contract with the project management unit.

Project management unit should have a engineering survey, design, construction, real estate development, engineering supervision, cost consultancy, bidding Agency, such as one or more of the qualifications, within their level of qualification ' project management.

    Implement project management of government investment projects, construction project management units should be established through public bidding.

Eighth business license registered residence is not in the administrative area of the city of foreign enterprises to enter the city, engaged in activities of the construction market, should the municipal construction administrative departments practice qualification or qualification record. Construction administrative departments should strengthen the management of field activities of the enterprises involved in the construction market in the region, improve services for overseas businesses.

    District, County (City) Government and construction administrative departments in charge of this area, County (City) of enterprise other than an offence set conditions that limit its business to the region.

Nineth construction units shall comply with the relevant national infrastructure programs, duration, cost, quality, safety, energy saving and other legal regulation and engineering construction compulsory standard, building contractor projects with appropriate qualifications.

State-owned funds accounted for controlled or dominated by item must be tendered according to law should be tender, but except as stipulated by laws and administrative regulations can invite tenders.

    Encourage construction general contract bidding, actively promoting government investment projects design, procurement and construction contract tendering. Tenth law must tender of construction works shall be established by the Government of construction engineering bidding and tendering activities of trading venues.

Encourage other construction project tendering and bidding activities in construction engineering bidding and tendering activities of trading venues.

    Tender exchanges should provide market participants with the necessary services for the relevant administrative departments to provide the necessary assistance. 11th construction unit may not be contracting of construction projects.

Contracting refers to a construction unit should be completed construction project is divided into several sections to subcontractors of different construction units.

Any of the following circumstances, which belongs to the Contracting:

(A) the employer does not already signed the construction contract, within the scope of the contract Division, section or unit works alone prior to the employer;

(B) the implementation of construction general contract of construction project, owner and general contractor, sub-contractor entered into a tripartite agreement means the specified subcontractors and direct payments to subcontractors of the subcontract works, but the construction contract have agreed otherwise in the contract;

    (C) the laws and regulations of the other Act and the regulations.

12th units engaged in construction markets may not in any form on behalf of the other units to contract projects, no other units or individuals are allowed to contract projects in the unit name.

Any of the following circumstances, belonging to other units or individuals are allowed to contract projects in the unit name:

(A) the transfer, lease or loan qualification or qualification certificates for use by other entities or individuals;

(B) provide seals of the unit, check for use by other entities or individuals;

(C) the bid, tender documentation fee from other units or individuals to pay or pay disguised;

    (D) the laws and regulations of the other Act and the regulations.

13th construction units shall not be contracted construction work subcontracted to other entities or individuals.

Any of the following circumstances, which belongs to the subcontract Act:

(A) the construction unit was not at the construction site set up project management or no management presence;

(B) the construction unit attached to the construction site of the project manager, technical manager, full-time safety Manager has 1 unit non-labor relations, or the quality, construction workers, project accounting, administrator and other projects in other key management personnel have 3 (or more) with the unit non-labor relations;

(C) in addition to outside subcontractors, construction engineering units in the contract will be agreed by the quality, security, progress and economic burden either to other units or individuals without labor relations with the employer bear;

(D) in addition to outside subcontractors, construction projects funding given to other units or individuals without labor relations with the employer disposal;

(E) in addition to outside subcontractors, construction units and construction of the main building materials, fittings and large machinery and equipment purchase or lease to other units or individuals without labor relations with the unit responsible for;

(F) the laws and regulations of the other Act and the regulations.

    Referred to in the preceding paragraph without labor relations, including between units and individuals is not signed labor contracts, signed the labor contract but does not give workers pay social insurance premiums in two situations.

14th building construction General contractors should be allowed to complete the project works, main engineering services jobs can subcontract the labor service units. Construction general contractor construction general contractor contract other than the main part of the Project Professional to professional contractors.

    Not stipulated in the contract, shall be agreed by the employer.

15th construction units shall not contract illegal subcontracting of engineering.

Any of the following circumstances, illegal subcontracting:

(A) the construction professional engineering or service jobs to does not have the qualifications or units or individuals eligible for implementation;

(B) no agreement in the construction contract, and without the owner's consent, the construction units of its contracted some of the professional engineering or service operations to other entities or individuals;

(C) general contractor of construction of main structure in construction engineering construction subcontracted to other entities or individuals;

(D) professional engineering units to non-labor jobs in contracting projects and then subcontracted to other entities or individuals;

(E) the labor service units of its contracted service work sub-contracted to other entities or individuals;

    (F) the laws and regulations of the other Act and the regulations.

    16th bidding Agency, advisory body shall not accept the employer's cost units and contracting unit or a different contractor commissioned in intermediary services in the same project. 17th contracted through public bidding of construction project contract awarding units and contractors shall conclude a written contract for construction project.

Municipal construction administrative departments in the city to implement a unified demonstration text of construction contract.

    Contracted through public bidding of construction project, the out-contracting units shall within 7 working days from the date of signing the contract will contract local construction administrative departments. 18th contracted through public bidding of construction project, substantive provisions of the construction contract and tender documents, the winning bidder file contents.

    Tendering of construction agency, procuratorial Agency shall check contracts substantive provisions consistent with the notice of bid and tender documents, tender documents, having no objection should be stamped with visa stamps in the contract.

    19th of municipal construction administrative departments should strengthen the guiding price Foundation and dynamic management of construction project pricing, acquisition, measurement, published on a regular basis various elements of construction engineering pricing information. 20th engineering cost documents shall be kept by qualified engineering cost specialty staffing, and did not participate in the preparation of the audited for certified cost engineers.

    Cost consulting unit and its preparation, auditing, personnel of engineering cost documents bear the corresponding legal responsibility. 21st construction units should be based on the design requirements, full assessment of the actual situation of engineering, demonstration, combined with fixed duration, determine a reasonable construction time.

    In the course of construction, adjustment should be made to the construction, the construction unit shall organize the investigation, design, construction, supervision and relevant experts to demonstrate fully, and to take appropriate measures, technical measures to increase cost, ensure quality and safety.

22nd construction projects should be clearly stipulated in the contract of engineering advances, progress payment and settlement basis, time and manner of payment. Construction project Contracting Parties shall, in accordance with construction project settlement period stipulated in the contract, settlement price is complete.

Construction project settlement period stipulated in the contract is not clear and the consultation fails, the out-contracting units shall on receipt of the Contracting unit provides settlement documents completed within 28 working days from the date of the audit. Construction should price settlement documents signed within 30th of construction Administrative Department to submit billing information.

    Laws, regulations and rules provides price settlement needs to be approved or certified by the financial Department, the construction unit shall be approved or certified within 30th of submitting billing information. 23rd participate in project construction, survey, design, construction, supervision, testing, monitoring and other institutions legally responsible for construction quality and safety.

The responsible body should establish a complete quality assurance system, sound accountability mechanism for quality and safety.

    Construction administrative departments should gradually promote quality and safety guarantee insurance, encourages the employer and contractor insurance construction engineering quality and safety guarantee insurance.

    24th construction contract parties should be in a contract dispute, choose arbitration to the arbitration body or to initiate litigation to the people's Court according to law. 25th project cost more than 2 million yuan of construction engineering, construction and construction, the engineer shall provide each other on construction, supervision and compliance objective and independent evaluation of performance of the contract.

    Performance evaluation of credit information in credit management system of construction market as a result.

26th of municipal construction administrative departments should establish and improve the city construction in China market and credit management, the establishment of a city United credit information system of construction market and regulatory platform. Construction Administrative Department and Division in accordance with the responsibility delegated project management construction market credit information collecting and recording work.

    Construction market credit information includes identification information, project information, and disciplinary records, and so on.

    27th of municipal construction administrative departments should periodically on the construction market credit information collation, analysis and evaluation, and evaluation results known to the public in a timely manner.

28th construction administrative departments and their delegated project management should use credit information in construction market, promoting market integrity, establishing and perfecting the credit incentive and punishment system.

    Construction Administrative Department construction market credit evaluation results should be applied to market access and qualification qualification management, bidding, all types of deposits paid, excellence assessment at all management processes.

29th construction administrative departments and their delegated project management should strengthen the supervision and management of the construction market activity, investigate and punish violations. The construction administrative departments administrative punishment or criticism of units or personnel, according to the gravity limit its participation in government investment project bidding.

    Definition of gravity and the specific limits, term enacted separately by the municipal construction Administrative Department. 30th construction administrative departments and their delegated project management organization should be engaged in building market the units or personnel qualification or qualifications such as dynamic management of market access conditions.

    Unit no longer meets the qualifications required of the condition, may not participate in the qualification of the construction market activity and construction Administrative Department to draw the corresponding qualification Management Department revoke or adapt their qualification.

    31st in violation of the provisions of the Act, provisions of laws and regulations on administrative penalties from its provisions. Violation of the provisions of the eighth article of the 32nd article, business license registered residence is not in the administrative area of the city of foreign enterprises without employees eligibility or qualification filing procedures in the construction market activity by the municipal construction administrative departments a rectification.

    It fails by the municipal construction administrative departments 10,000 yuan fine. 33rd article violation this provides 11th article, and 12th article, and 13th article, and 15th article provides, constitute dismembered employer, and allows other units or personal to this units of name contract engineering, and subcontracting, and illegal points package behavior of, by construction administrative competent sector by People's Republic of China tender bid method, and construction engineering quality management Ordinance of provides be punishment; for accept subcontracting, and accept illegal points package or with other units or personal name contract engineering of,

    By construction Administrative Department fines of between 10,000 yuan and 30,000 yuan. 17th 34th in violation of the provisions of article, the developer unit is not construction project contract construction administrative departments by building rectification by the Administrative Department.

    It fails, by construction administrative departments 10,000 yuan fine.

    35th construction administrative departments and their delegated project management staff in dereliction of duty, abuse of power, favoritism, monitored by their units, the competent departments or agencies shall be given administrative sanctions. 36th article of the regulations come into force on April 1, 2014.