Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387260.shtml
Zhuhai city construction project cost management
(December 26, 2012 Zhuhai Government eighth session 14th times Executive Conference considered through January 24, 2013 Zhuhai Government makes 93rd, announced since February 24, 2013 up purposes) first article for strengthening construction engineering cost management, specification engineering cost pricing behavior, reasonable determine and effective control engineering cost, improve investment benefits, guarantee engineering quality and security, maintenance engineering construction parties lawful rights and interests of, according to about legal, and regulations, combined this city actual, developed this provides. Second article this provides by said construction engineering cost, is refers to this city administrative within building, and decorative, and installation, and municipal, and garden green of construction project from preparation to completed acceptance delivered using Qian, by national, and province and this city about provides should meter into engineering cost of building installation engineering fee, and equipment and workers apparatus acquisition fee, and engineering construction other fee, and prepared fee, and construction during loan interest and the related tax.
Transportation, water conservancy, electric power, telecommunications and other projects cost management, in accordance with the laws, regulations and other relevant provisions of the State.
Article within the administrative area of the city with financial resources, government funding or other construction projects of State-owned funds, to determine and control the engineering cost, these provisions shall apply.
Fourth section to determine the construction cost control activities, including:
(A) compilation and review investment estimation and designing budget, construction budgets, bidding to control price (quantity), the tender offer.
(B) appointment and adjustment of the contract price.
(C) implementation of engineering measurement and payment of the price.
(D) apply for construction claims and change visa, project budget and final accounts.
(V) handling dispute of construction engineering cost and construction cost appraisal.
(Vi) the determination and control of engineering cost and construction related activities. Fifth of municipal construction Administrative Department is within the administrative area of the City Department of construction engineering cost, supervision and management of construction project cost activities.
Municipal construction project cost management agencies (hereinafter "cost management") is responsible for the daily work of construction project cost management.
The municipal development and reform, financial, audit and other administrative authorities within their respective areas of responsibility cost management of construction projects.
Sixth, cost management institutions shall perform the following duties:
(A) establishing and perfecting the system of construction project cost management.
(B) management of construction engineering valuation basis, this one-time city construction engineering valuation basis.
(C) the regular collection, collation and publishing of project cost information.
(D) standardize the supervision cost consulting enterprises and personnel engaged in behavior, establishing credit system.
(E) after winning the project cost tracking and monitoring engineering activities.
(F) the dispute mediation project cost.
(VII) other construction project cost management of daily work.
Seventh article of the city construction engineering valuation basis is divided into national, provincial uniform valuation basis, the valuation basis and this one-time supplementary valuation basis.
One-off supplementary valuation basis in this city by the municipal cost management in accordance with economic and social development and technology development level in the preparation, submitted to the provincial agencies of construction project cost management (hereinafter "cost management") record.
Labor, materials and equipment, construction machinery, standards, price and other related costs are based on the implementation of the class.
Article eighth, cost management institutions should be formulated based on the cost and administration of labor, materials and equipment, construction machinery class to compile and publish the price, determined and announced by the local prices or adjusting coefficient.
Nineth using State funds or State-financed construction projects, valuation based on engineering quantity list mode should be used, tenders should also prepare bid to control prices.
Tenth cost should be in accordance with the capital construction program, reasonable determination and effective control in stages, so investment estimate control of the budget (including revised estimates for, the same below), design estimates for construction drawing budget and budget control of construction project completion final estimate.
11th investment should be by qualified units according to building size, building standards, construction technology (technical) standards, evaluation indicators and related provisions, approved by the development and reform Department.
Article 12th budget should be undertaken by qualified units in accordance with the relevant provisions of the budget preparation, development and reform Department. 13th construction designs completed, construction projects should be undertaken by qualified units of quantity, bid controls or construction budget.
Financial departments shall verify the project budget.
Quantities is an integral part of the tender documents, and is responsible for its accuracy and completeness by the tenderer.
Should be announced in the tender bid to control prices should not rise or fall, the Tenderer shall tender control, cost management, and other relevant information submitted for recordation. Article 14th investment estimation and designing budget and construction budget, once approved, are not free to break. Construction and design units shall not be allowed to expand the scale of development, increasing the building elements and construction standards.
Needed adjustments in the process of construction of the project, should be in accordance with the regulations on the management of government investment project in Zhuhai Special economic zones, reported to relevant departments for approval.
15th after the issue of tender documents, bidders or on their behalf of engineering cost consulting enterprises shall, in accordance with national standards and regulations, as well as the project amount inventory bid provided by the tenderer.
16th tendering the contract price by the Contracting Parties in accordance with the bid invitation documents require the bid and the winning bidder in the contract agreement.
Non-tendering the contract price by, Contracting Parties based on comprehensive determination of quota and related provisions.
Employer, the level of government investment projects should be specified in the contract, city audit institution to audit the budget needed for the completion of the project, its findings as the basis for settlement and final financial accounts.
17th the developer shall sign the construction contract, processing construction permits, construction contracts, construction, cost management, administration, agency records.
Article 18th Contracting Parties shall, in accordance with the construction contract and each pay period to fulfil its contractual obligations to the contractor's actual number of completed projects to determine progress.
19th project settlement and final financial accounts audited by the financial sector, auditing organs in accordance with the budget for government investment projects implementation and auditing the accounts. Article 20th project completion final estimate completed settlement books should be sent to the employer, cost management agency records.
Statement completion as a completion inspection record-keeping, delivery of necessary documents.
Article 21st in engineering, engineering cost valuation basis and methods, and the relevant policy disputes, the municipal cost of management bodies in accordance with the relevant provisions of the interpretation.
22nd article, Contracting engineering cost disputes between the two sides, mediation, cost management, can be brought to the Agency.
Article 23rd units requires construction companies by country and province duration completed, or engineering quality is higher than the standard of national, provincial, increased construction cost should be included in the bid to control prices and settlement, and specified in the contract.
Price fluctuations beyond a certain level during the construction period, project price shall be adjusted according to the contract; not stipulated in the contract or agreement is not clear, according to province administrations or other competent authority or its authorized agency under the adjustment of construction project cost management.
Article 24th of construction cost of the following items shall be included in the competitive cost and should be listed separately, in accordance with the provisions of standards to calculate:
(A) security protection, civilized construction measure fee.
(D) other expenses of the national, provincial and municipal regulations.
25th, cost management of construction project cost during the whole process of supervision should be checked and AFTE checks cost implementation, issues found should be corrected in a timely manner and deal with units under inspection shall cooperate with and provide the information requested.
26th engineering cost consulting enterprises shall make engineering cost consulting qualification and license in engineering cost consultation activities within.
Cost engineering professionals shall obtain a certified cost engineer qualification or construction cost membership, may engage in construction cost consulting business. 27th unit 3 project cost more than professionals, which in this unit of at least 2 registered cost engineers, could prepare the unit construction project cost.
Conditions of the construction unit shall entrust a qualified engineering cost consulting enterprises. 28th outcome document should be performed by the project cost registered cost engineer of project cost consulting business signed and sealed by the practice and the enterprise.
Construction cost of engineering cost consulting enterprises issued by the outcome document should also stamp produced by the province administration of Enterprise name, qualification and certification number of practising seal.
Article 29th of engineering cost consulting enterprises submitted by the parties disagrees with the outcome documents of the construction cost, cost management, can contribute to the city agency for mediation.
30th engineering cost consulting enterprises may not have the following behavior:
(A) forged qualification certificates, alter, resell, rent, lend, or otherwise transfer certificate.
(B) to give rebates or malicious down charges of unfair competition.
(C) subcontract engineering cost advisory business.
(D) not in accordance with national and provincial cost-related laws, regulations, rules and valuation basis and valuation method provides valuation.
(E) beyond the level of qualification to undertake engineering cost consulting business.
(F) also undertake the tenderer and the bidder, or two or more bidders on the project of the same construction cost consulting business.
(VII) with the intent to raise or lower cost, raise or lower project cost more than 5%.
31st registered cost engineer shall have the following behavior:
(A) alter, resell, rent, lend, transfer of registration certificate and seal of practice.
(B) the contract project cost consulting business in his own name.
(C) simultaneously practising in two or more units.
(D) in accordance with national, provincial and municipal project cost about laws, regulations, rules and valuation basis and valuation method provides valuation.
(E) in the course of their practice, bribes, bribes or seeking any interests other than contract costs.
(F) sign any false record, misleading statement, outcome documents of the project cost.
(VII) allow others in their own name in engineering cost consulting business.
32nd of municipal engineering cost consulting enterprises cost management institution shall, in accordance with the management, professionals in place, branch office setting, outcome document of the project cost to carry out supervision and inspection.
Article 33rd provincial and municipal engineering cost consulting enterprises in construction engineering cost advisory body within the administrative area of the city activity shall undertake business within 15th of registration formalities, cost management.
Article 34th in violation of the provisions of the municipal construction Administrative Department in accordance with the relevant laws, regulations, and rules for processing.
35th engineering cost consulting enterprises to the way article 30th one by the municipal construction Administrative Department to give warning, rectification, and a fine of 10,000 yuan and 30,000 yuan fine.
Article 36th present measures for certified cost engineers one of the 31st article of, given a warning by municipal construction administrative departments, correction, there is no illegal income, impose a penalty of 10,000 yuan, has illegally obtained, illegal gains shall be punishable by 3 times and no more than 30,000 yuan fine.
37th construction Administrative Department, cost management and its staff in the monitoring of construction cost management of dereliction of duty, abuse of power, favoritism, be investigated for responsibility according to law. 38th article of the regulations come into force on February 24, 2013. On June 7, 1998, the regulations on the construction cost management in Zhuhai City (10th Zhuhai city people's Government) abrogated.
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