Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387205.shtml
Jilin construction engineering cost management methods
(January 17, 2013 Executive meeting of the people's Government of Jilin city, the 15th 1th January 24, 2013, people's Government of Jilin announced order No. 230, as of March 1, 2013) first to strengthen the cost management of construction projects, construction project cost pricing, rational determination and effective control of the construction cost, maintenance and construction projects the legitimate rights and interests of the parties, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated. Construction cost of the second section within the administrative area of the city and its supervisory activities, these measures shall apply.
Transportation, water conservancy, electric power construction project cost management, of the provisions of national, provincial, and from its provisions.
Article construction cost mentioned in these measures refers to construction projects from the project to completion, in accordance with national and provincial provisions shall be included in the construction and installation of construction project investment costs, equipment and purchase, construction of other fees, preparation fees, costs relating to taxes and loan interest during the construction period.
Valuation of construction engineering cost in these measures refers to determine the construction cost control activities.
Fourth of municipal construction Administrative Department is responsible for the city's monitoring of construction cost management, specific delegate agencies of municipal construction project cost management.
The County (City) of construction Administrative Department is responsible for supervision and management of construction engineering cost activities within their respective jurisdictions.
Financial budgets of the departments responsible for finance capital investment projects and completion of colorectal (summary) of evaluation and review.
Construction project cost management requirements for institutions to perform their duties, by the financial sector in accordance with the relevant provisions of national and provincial protected. Article fifth construction engineering cost industry associations shall strengthen self-discipline, industry services and coordinating role.
May not in any form of monopolization of the market, impeding fair competition to the detriment of consumers, non-member enterprises and other economic organizations of the lawful rights and interests or public interests; must not restrict Member while running or participating in other social activities.
Sixth construction cost valuation basis in accordance with the provisions of the construction project cost management methods in Jilin province.
Employer, contractor of construction project cost valuation basis of understanding different, interpreted by the municipal construction Administrative Department.
Article seventh municipal construction Administrative Department shall determine one-time supplementary norm of construction engineering, acquisition, measurement, total, labour, materials, construction machinery, as well as pricing information, cost of acquisition, measure quality and safety of construction projects by building type, the provincial housing and urban-rural construction Administrative Department.
One-off supplementary materials of construction engineering price, developed by the municipal construction Administrative Department and published in accordance with regulations.
Eighth construction project cost includes:
(A) prepare and review the investment estimation, preliminary design budgetary estimate, construction drawing budget engineering quantity list price, bid, bidding, tendering control;
(B) appointment and adjustment of the contract price;
(C) the project budget and final accounts;
(D) the determination and control of engineering cost and construction related activities.
Nineth investment estimation and designing budget and construction budget, quantity, bidding, tender control pricing, bidding, settling final accounts of project cost and outcome documents should be prepared in accordance with national, provincial and municipal.
Registered cost engineer professional support staffing and cost units to determine their own preparation and audit of the unit cost outcome; other units shall entrust a qualified engineering cost consulting enterprises compilation and review outcome document of the project cost.
Tenth calculation engineering quantity list of construction project cost price or fixed price.
Construction of valuation shall be set out in the tender documents and contract in the construction contract.
All State-owned or State-owned investment funds investment of construction project engineering quantity list valuation must be used.
Article 11th engineering quantity list valuation mode of tendering for construction projects, the Tenderer shall, in accordance with provisions of the national and provincial pricing basis prepare bid to control prices and related provisions, submitted to the municipal or County (City) competent construction department.
Tenders should control prices announced in the tender, and as part of the tender documents provided to bidders may not rise or fall.
Bid to control prices and announced by the bid price shall not be less than the current cost of construction quality and safety. 12th financial capital investment construction project of quantities, tender control pricing and project completion final estimate by the financial sector or the financial sector entrust a qualified engineering cost consulting enterprises preparation and review.
Uncensored, not as a basis for price settlement.
13th bid should be based on the requirements of the tender documents, in accordance with the valuation basis and published national, provincial and municipal regulations, and market and their own situation independently determine, but not less than the provincial housing and urban-rural development announced by the Administrative Department of construction engineering quality and safety costs in the current period, shall not be higher than the bid to control prices.
14th construction project developer and the contractor shall enter into a written construction contract, and relates to matters expressly relating to the construction cost.
15th construction project developer shall in the construction contract within 7 working days from the date of signing, contracts and tendering documents, notification and other information in accordance with the provisions of the municipal or County (City) competent construction department. Filing Department shall within 7 working days from the date of receipt of the record information, complete the recording review.
Record found in violation of the law of contract, rules and regulations, and shall inform the employer and the contractor to correct.
Record contract after the law changed, the employer shall, within 7 working days after the change in the contract, to the original filing Department for record.
16th construction project tender contract, agreed on the engineering cost in construction contract should be with and the winning bidder the tender documents conform to the substance.
The parties entered into separate contracts in respect of the same project or other agreements with record contracts do not agree on the substantive content, with a record contract as a basis for engineering balance of accounts and auditing.
17th the developer should be based on the construction contract and relevant regulations of the State, provincial projects and progress payment to pay in advance.
18th after the completion of the construction, the employer and the contractor shall be in accordance with the construction contract and the relevant regulations of the State, province, the timely preparation, auditing, project completion final estimate, and for the settlement procedures. Article 19th after project completion final estimate, developer shall be completed within 7 business days of accounts submitted to the municipal or County (City) competent construction department.
Filing Department shall within 7 working days from the date of receipt of the record information, complete the recording review.
Without settling for the record of the construction project, in accordance with the construction payment of interim measures and the relevant provisions of the province.
20th city or County (City) construction Administrative Department in accordance with the Act of construction engineering cost consulting enterprises conducting supervision and inspection, and on their implementation of dynamic management of qualifications.
21st construction project cost consulting enterprises and project cost personnel should strictly abide by the relevant provisions of the national, provincial, municipal, issued by true and accurate project cost outcome documents, and shall be liable on the preparation of the outcome document of the project cost.
22nd construction project cost consulting enterprises to undertake construction of engineering cost consulting business, shall sign a written contract and within 7 working days from the date of the contract, submitted to the municipal or County (City) competent construction department.
Foreign construction engineering cost consulting enterprises in the city engaged in construction of engineering cost consulting business, should undertake business within 30th of qualification certificates, business licenses, construction administration, and other related documents to the competent authorities for the record. 23rd of municipal or County (City) construction administrative departments shall, in accordance with relevant regulations of the State, province, building construction cost consulting enterprises and credit files of project cost, and to the public.
Construction and engineering cost personnel of engineering cost consulting enterprises, should be made available to administrative authorities in accordance with the provisions of true, accurate and complete credit file information.
Construction cost consulting enterprises and project cost personnel violations subject to administrative penalties, and so on, should be recorded as bad records of their credit file.
No unit or individual shall have the right to check out construction cost consulting enterprises and credit files of project cost.
24th construction cost dispute fail to reach a consensus through consultation, can be brought to mediation in accordance with the contract of ways, you can also apply for arbitration or a lawsuit.
25th one of any of the following acts of the employer, by the city and County (City) construction Administrative Department ordered corrective action and fails to correct it, fined a maximum of 10000 Yuan more than 30000:
(A) the tendering of Bill of quantities not used should be adopted;
(B) shall publish a tender control prices yet to be released;
(C) cost of construction quality and safety was not executed;
(D) is not in accordance with the agreed time to complete the clearing of the construction project;
(E) prepare bid-free control and preparation of tender price control prices;
(F) the delegate does not have a corresponding qualification of construction engineering cost consulting enterprises prepare bid to control prices.
26th construction engineering cost consultancy, project cost personnel in illegal acts, in accordance with the provisions of the relevant laws and regulations.
27th construction Administrative Department, staff of agencies of construction project cost management in construction engineering cost management in neglect, abuse, deception, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 28th article of the rules take effect on March 1, 2013.
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