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Hangzhou Administration Of Construction Market Several Provisions

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

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Several provisions for the management of the state of construction market

(Adopted at the 18th ordinary meeting of the People's Government of the State of War, held on 9 January 2014, No. 277 of 18 February 2014, Publication of People's Government Order No. 277 of 1 April 2014)

Article I, in order to strengthen the management of the construction market, preserves the construction market order, in accordance with the provisions of relevant laws, regulations, such as the People's Republic of China Building Act, the bidding law of the People's Republic of China, and the regulations governing the construction industry in the province of Zangong Province.

Article 2

The construction market management referred to in this provision refers to the supervision of market activities for construction works such as housing buildings, municipal infrastructure works (including urban orbital transport works), road pipelines and equipment installation, renovation works, etc.

The construction work referred to in the previous paragraph excludes residential renovations and the construction of low-scale housing works by farmers.

Article 3 provides for the establishment of administrative authorities responsible for the management of the uniform supervision of the current market. The establishment of administrative authorities, in accordance with their responsibilities, is responsible for the supervision of the construction market in the Territory.

Sectors such as development reform, business, human security, quality technical supervision, safety and production supervision are governed by their respective responsibilities.

Article IV. Building market activities should comply with the relevant national legal, regulatory and engineering standards, uphold the principles of quality of work, construction safety and economic efficiency, consistent with orderly competition and integrity.

Regulatory of construction market activities should be governed by the principles of law, openness, equity and justice.

Article 5 Investment construction projects in construction units should have the corresponding source of funds and engineering construction managers to assume civil responsibility in accordance with the law.

Real estate development enterprises should be engaged in the construction of real estate development projects within their qualifications ratings.

Article 6 units such as survey, design, construction, treasury, price counselling, solicitation agents and their professional technicians should be provided with the corresponding qualifications or qualifications, in accordance with the law, and operate within their qualifications or qualifications.

Article 7. Construction projects may be constructed and managed by construction units with regulatory conditions or by specialized management by construction units.

Construction units should enter into a project management contract with the Project Management Unit. The project management unit should have one or more qualifications of the engineering survey, design, construction, real estate development, construction, engineering administration, price counselling, solicitation agents, and carry out engineering project management operations within the limits of their qualifications.

The Government's investment project is governed by engineering projects and the construction units should determine project management units through tendering.

Article 8. Reservations of business licenses of corporate legal persons shall not enter the construction market activity in the city by field enterprises in the city's administration area, and shall be transferred to the city's administrative authorities to conduct business qualifications or eligibility proceedings.

The construction of administrative authorities should strengthen the participation of field enterprises in the management of construction market activities in the region and improve services to field enterprises. Governments and executive authorities shall not impose conditions on enterprises other than this area, the district (communes) and the construction of administrative authorities that limit their operations in the region.

Article 9. The construction units should comply with the State's mandatory standards for the construction of legal regulations and construction of construction in respect of basic construction processes, work periods, prices, quality, security and energy, and provide the construction of engineering packages to contractual units with corresponding qualifications.

Public tenders should be made available under the laws, administrative regulations, except for which tenders may be invited.

The preparation, procurement and construction of tenders for the total contract was encouraged and the Government investment projects were actively promoted.

Article 10 provides for the construction of construction works required by law and shall be subject to tendering activities in the construction of engineering transactions established by the Government. The solicitation activities of other construction works are encouraged to enter tendering activities in construction of engineering transactions.

The tendering transaction room should provide the necessary services for market actors and provide the necessary assistance to the relevant management.

Article 11. The construction unit shall not disburse the construction of the project. It means that construction works to be completed by a construction unit should be disbanded into a number of components of the construction units.

One of the following cases is the act of amputation:

(i) The construction unit does not carry out the construction work contract signed and separate sub-projects, sub-engineering or unit works within the scope of the contract;

(ii) The construction of the construction of the total contract by which the construction units are assigned to the subcontracting units in a manner consistent with the tripartite agreement signed by the General Contracting Unit, the subcontracting unit and pays the subcontractor directly, with the exception of the agreement in the construction contract;

(iii) Other acts under laws, regulations and regulations.

Article 12 units engaged in construction market activities shall not be allowed to carry out work in the name of any other unit in any form, nor shall others be permitted to do so in the name of the unit.

One of the following cases is the granting of work by other units or individuals on behalf of this unit:

(i) Transfer, rent, borrower or eligibility certificate to other units or individuals;

(ii) Provision of copies of this unit, signed to other units or individuals;

(iii) The payment of tender bonds, tender preparation costs, etc., by other units or individuals;

(iv) Other acts prescribed by law, regulations and regulations.

Article 13. Construction units shall not transfer all construction works contracted to other units or individuals.

One of the following cases is the transplanatory:

(i) The construction unit does not establish a project management authority or no management presence on the construction site;

(ii) One of the construction units' project manager, technical chiefs, dedicated security managers has no labour relations with this unit or three of the other key managers of the project, such as quality agents, project accountants, material managers, have no labour relations with this unit;

(iii) In addition to the subcontracting of the law, the construction unit shall transfer one of the functions agreed in the construction contract to other units or to individuals with no labour relationship with this unit;

(iv) In addition to subcontracting under the law, the construction unit shall refer the project funds to other units or to persons who are not working with this unit;

(v) In addition to subcontracting by law, the construction unit will be responsible for the procurement of major construction materials, construction components and large mechanical equipment related to construction works, or leases to other units or individuals with no labour relations in this unit;

(vi) Other acts prescribed by law, regulations and regulations.

The preceding paragraph does not have labour relations, including the absence of labour contracts between the unit and the individual, the absence of payment of social insurance payments to workers despite the signing of labour contracts.

Article 14. The construction of the engineering construction unit shall be self-concluding the project subject matter and the labour operation of the subject matter may be subcontracted to the labour subcontractor.

The construction units may be subcontracted to professional contractors by agreement with the construction of the total contract. The contract was not agreed and should be agreed by the construction unit.

Article 15. The construction unit shall not subcontract its contracted works in violation of the law.

One of the following cases is the offence of subcontracting:

(i) The construction unit subcontracts professional works or labour operations to units or individuals that do not have the corresponding qualifications or qualifications;

(ii) The construction contract was not agreed and, without the consent of the construction unit, the construction unit subcontracted part of its contractual professional works or labour operations to other units or individuals;

(iii) The construction unit will subcontract the construction of the main structure of the construction to other units or individuals;

(iv) The professional engineering unit subcontracts its non-farm operation in its contracted work to other units or individuals;

(v) The labour subcontractor re subcontracts its contracted labour operation to other units or individuals;

(vi) Other acts prescribed by law, regulations and regulations.

Article 16 shall not be authorized by the solicitation agent, the establishment of the price advisory body at the same time by the dispatching and contracting units or by the different contractor units in the same project.

Article 17 provides for the construction of the solicitation packages, which should be concluded in writing by the law. The city-building administration sector has introduced a model of construction contracts throughout the city.

The construction of the solicitation package shall be carried out by the issuing unit within seven working days of the date of the contract to build the administrative authority for the seat of the contract.

Article 18 provides for the construction of tendering packages, and the substantive provisions of construction contracts should be consistent with the solicitation documents, the bid documents of the marker. The construction unit commissioned the solicitation by the agent, which should collate the consistency of the substantive terms of the contract with the solicitation documents, the solicitation documents and the letter of the mark, subject to any objection, and should add the visa chapter to the contract.

Article 19 provides for the establishment of administrative authorities to strengthen the regulatory base and the dynamic management of construction factor prices, to collect, measure and publish information on the prices of various elements of construction work.

Article 20 The establishment of price counselling units and their preparation, reviewers assume the corresponding legal responsibility for the results of the construction price.

Article 21, construction units shall determine reasonable construction periods, in accordance with design requirements and in practice, for an adequate assessment, argument, of the works. During the construction process, adjustments were required to the construction period, and the construction units should be organized to conduct a full argument of units such as survey, design, construction, treasury and related experts, and take appropriate measures to increase the cost of technical measures to ensure quality of the work.

Article 22 Construction contracts should clearly agree on the basis, time and modalities for payment of advances, progress and settlement payments.

The parties to the construction of the engineering licensor shall complete the settlement of the construction price in accordance with the time frame agreed for the construction of the engineering contract. The construction contract was not clear and did not agree on the settlement period, and the issuance of the unit should be completed within 28 working days from the date of receipt of the settlement documents provided by the contractor units.

The construction units should send settlement information to the construction of administrative authorities within 30 days of the signing of the settlement documents. Legal, regulatory, regulatory and regulatory requirements for the settlement of the construction price are subject to approval or determination by the financial sector, and the construction units shall send a settlement information within 30 days of approval or determination.

Article 23. Units involved in construction, survey, design, construction, treasury, testing and monitoring are responsible under the law for the quality of construction. The various actors should establish a complete system of quality security assurances and a system of accountability for quality safety.

The construction of administrative authorities should gradually introduce quality security assurances insurance and encourage construction units and contractors to pay security assurances insurance for construction.

Article 24 The parties to the construction contract shall agree in the contract to resolve the dispute by choosing to bring arbitration to the arbitral body or to bring proceedings before the People's Court by law.

Article 25 Construction works at more than 2 million dollars, construction units and construction, treasury units should conduct an objective independent performance evaluation of the performance of construction, penitentiary contracts. The results of the performance evaluation were included as credit information in the construction market credit management system.

Article 26

The construction of administrative authorities and their delegated engineering administrations are responsible for the collection and recording of credit information on the subject of the construction market. The principal credit information on the construction market includes, inter alia, information on identity, project information and the records of awards.

Article 27 should be regularly collated, analysed and evaluated by the city's executive authorities on the principal credit information on the construction market and be made public in a timely manner.

Article 28 should build administrative authorities and their mandated engineering authorities to use the construction market credit information to advance the construction market's integrity and to establish and improve compliance incentives and discreditation mechanisms.

The executive authorities should use the principal credit evaluation findings of the construction market to be used in the management aspects of market access, quality management, tendering, payment of various types of bonds and excellence.

Article 29 Construction of administrative authorities and their delegated engineering authority should enhance the supervision of construction market activities and investigate violations by law.

A unit or a person who is subject to administrative penalties for the construction of an administrative authority or to the notification of criticism may, in the light of the gravity of the circumstances, limit its eligibility to tender for participation in Government investment projects. The definition of the gravity of the situation and the specific scope of limitations, which were established by the municipal authorities.

Article 33 The construction of administrative authorities and their delegated engineering authority shall exercise dynamic management of market access conditions such as the qualifications or qualifications of units or personnel engaged in construction market activities. Where the relevant units are no longer in accordance with the conditions required for their qualifications, they shall not be involved in the corresponding construction market activities of the original qualifications and be removed or adjusted by the construction of administrative authorities.

Article 31 violates this provision, and laws, regulations and regulations have administrative penalties, which are provided for by them.

In violation of article 8, paragraph 1, of the present article, the residence registered by a corporate legal person's license does not carry out construction market activities in the field enterprises in the city's administration area without the qualifications of the industry or the qualifications of the reserve procedure, and is subject to a change in the time period of time for the construction of administrative authorities. Until such time, tens of thousands of fines have been fined by the establishment of administrative authorities in the city.

In violation of articles 11, 12, 13, 15 of this provision, which constitutes a amputation package, allows other units or individuals to undertake work on behalf of this unit, reproduces, violations of subcontracts, which are punishable by the establishment of administrative authorities in accordance with the provisions of the bidding law of the People's Republic of China, the construction of the quality management regulations for the construction of the construction of the construction of the construction of works;

In violation of article 17, paragraph 2, of the present provision, the issuance of the unit does not refer to the construction of the construction of the construction contract to the administrative authorities for the period of time. Until such time, tens of thousands of fines are imposed by the establishment of administrative authorities.

Article XV builds the executive authority and the staff of its mandated engineering administrations to perform negligence, abuse of authority, provocative fraud, which is governed by the law by their offices, superior authorities or inspection bodies.

Article 36