Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379339.shtml
Harbin construction survey and design and construction management approach
(July 30, 2012 Harbin municipal people's Government 9th Executive session on August 17, 2012 Harbin municipal people's Government released 5th come into force October 1, 2012) Chapter I General provisions
First in order to strengthen the construction of engineering surveying, designing and construction drawing design document review management, standardized survey, design and construction review, quality assurance, under the People's Republic of China building law, the regulations on construction engineering survey design, survey and design of construction projects in Heilongjiang province Ordinance and other relevant provisions, combined with the city's actual, these measures are formulated.
Article working in the administrative area of the city on construction survey, design, and construction review activities and the supervision of its implementation, these measures shall apply.
Article surveying, designing and construction drawing inspection shall comply with the relevant laws, regulations, rules, implementation of urban planning and construction standards, specifications, implementation of the protection of the environment, land conservation, saving investment, energy-saving principles.
Fourth of municipal urban construction administrative departments are responsible for the city's survey, design and construction supervision and management review activities, and organize the implementation of these measures.
The County (City) urban construction administrative departments responsible for the Administration in the investigation, design and construction supervision and management review activities.
Town and country planning, transport, water supply, air defense and other responsibilities conferred by law, regulations and relevant administrative departments, professional supervision and management of survey, design and construction review.
Chapter II market access fifth engaged in construction engineering prospecting units, design, and construction review, shall obtain the appropriate certificate of qualification certificate and there is no record of bad behavior, in the context of certificate of qualification certificate and license in surveying, design and construction review, no other units or individuals are allowed to undertake construction engineering survey, design, and construction review services.
Construction project surveying, design and construction review unit of qualification standards and qualification approvals and business scope, in accordance with national and relevant provisions of the urban construction administrative departments of the province.
Sixth article first application survey, and design and construction figure review qualification of enterprise and application qualification change, and continued, and increased items, and upgrade, and cancellation, case of survey, and design enterprise, should according to related provides provides material, by City urban and rural construction administrative competent sector according to province urban and rural construction administrative competent sector of delegate for trial, City urban and rural construction administrative competent sector should in accepted application 10 a days within completed trial, and will review situation and application material reported province urban and rural construction administrative competent sector.
Surveying, design and construction review units should be provincial, national urban construction administrative departments within 15 business days after the approval the quality ratification submitted to the municipal urban and rural construction administrative departments.
Seventh out of survey and design unit to the collection of survey and design operations, should be to the urban construction administrative departments to handle individual projects, for the record, received out of survey and design unit management manual, and accept the supervision and management of urban construction administrative departments.
Eighth survey, design and construction drawing inspection unit set up in the collection of non-independent legal branch, administrative authority to the municipal urban and rural construction branch record.
Nineth of municipal urban and rural construction Administrative Department accepting outside investigation and design units when you apply for individual projects for the record, should review the following:
(A) project reconnaissance, design qualification certification and business integrity;
(B) engaged in the project survey and design qualifications;
(C) to participate in survey, design, bidding and engineering surveys, design liability insurance;
(D) seals, documents and related marketing, quality management;
(V) provincial survey and design enterprise of urban construction administrative departments, registration formalities.
Tenth of municipal urban construction Administrative Department accepting the survey and design units to apply for non-independent legal branch when filing, shall review the following information:
(A) project reconnaissance, design qualification certification and business integrity;
(B) in handling non-independent of the city business license and tax registration certificate and a fixed place of work;
(C) enterprises stationed in the city of certified personnel and other professional and technical, economic and management personnel;
(D) the technical facilities, equipment, technology, management, personnel, financial, records management systems established; (e) liability insurance in engineering survey and design and quality guarantee system and its operation.
11th reconnaissance, design and shop drawing review unit is allowed to non-independent legal branch on behalf of the industry. 12th construction plan review by the provincial urban and rural construction projects approved by the competent administrative department location construction drawing inspection unit.
Review of construction drawings can take the direct way, principal and undertake through an online record network will review the contract times, city and County (City) competent administrative departments for urban and rural construction, and the strict implementation of the provisions of the price management Department.
13th survey, design and construction review units of professional and technical personnel, shall be obtained in accordance with the law of the corresponding qualification and requirement of professional and technical posts in survey, design and construction drawing inspection activities and shall not allow others to engage in these activities in its own name.
Shall not transfer, lend, altered, forged survey, design and shop drawing review unit and its practitioners qualification certificate, a special seal, seal of practice, etc.
14th more than two different qualifications jointly undertake investigation, review of design and construction business shall, in accordance with low qualification levels of investigation, design and construction review unit of qualification to undertake.
15th registered practitioners of an investigation, design and construction drawing inspection and other technical personnel shall be subject to urban construction administrative departments organized continuing education.
Chapter three bidding management 16th reconnaissance and design developer contracted through public bidding according to law or direct contracting.
Must be contracted through public bidding according to law, shall not be replaced by the technical service and administrative review of bidding.
17th reconnaissance, design single contract estimated at more than 500,000 yuan (including 500,000 yuan), or individual contract estimate prices do not meet these conditions, but projects involving a total investment of more than RMB 30 million (including 30 million yuan) of the following projects, survey, design tenders should be carried out:
(A) the relationship between public interests, public safety infrastructure projects;
(B) public utilities in the public interest and public safety projects;
(C) State-owned funds investment projects;
(D) State-financed projects;
(E) the use of international organizations or foreign government funding of the project.
18th under any of the following circumstances, approval by the relevant authority, can not carry out investigation, design tenders:
(A) relates to national security, State secret;
(B) emergency rescue and disaster relief, and (iii) main specific patents, proprietary technology, technology, technology adoption, there are special requirements or architecture modeling;
(D) technical complex or highly specialized, able to design institutions that meet the criteria of less than three, unable to compete effectively;
(E) the reconstruction and expansion of the project or technological innovation, by other design agencies and design influence the functions supporting the project;
(Vi) national survey and design master design under the auspices of major projects, with the announcement directly commissioned without objection;
(G) the provisions of laws and regulations can not carry out investigation, design, tendering and other circumstances.
19th reconnaissance, design and tendering of construction project bidding should meet the following conditions:
(A) in accordance with the relevant provisions of the State to perform examination and approval procedures, and approval procedures, obtaining approval;
(B) survey and design requirements have been implemented;
(C) the information has been collected for investigation, design basis;
(D) other conditions stipulated by laws and regulations.
20th government investment construction project the selection report into the investigation, design, tendering procedures, non-government-invested construction projects in urban and Rural Planning Department proposed transferring land where, using nature and the development of planning conditions into the investigation, design, tendering procedures.
21st construction design individual contracts estimated at more than 1 million Yuan (including 1 million yuan) should carry out the design of the tender.
22nd construction design bids subject to the following conditions:
(A) the Government has access to Government-related investment projects examination and approval authority for approval of project proposals; non-governmental investment projects with approval or for the record project confirmation;
(B) planning and Management Department of the project location, planning, control and red lines;
(C) meet the requirements of topographic maps provide the necessary building site engineering geology and hydrological geology preliminary information and related basic information on roads, utilities and other municipal facilities;
(D) compliance with planning conditions, project approval and fully embody the tenderer will of the proposal.
Upon completion of 23rd building design tenders, the tenderer should the winning design submitted to the Town Planning Department, town planning departments shall, in accordance with the planning conditions and controlled detailed planning of successful options for review.
24th to participate in survey, design and bid the bidder shall not record of bad behavior, and in accordance with the following provisions: (a) enterprises registered in the territory, with urban and rural construction survey, design qualification certificate issued by the administrative departments;
(B) registered in foreign enterprises, in line with the international treaties and agreements concluded or acceded to made in market access commitments, as well as provisions on management of survey and design market access, to bid on building design should be in their country or area architecture featured members of associations or organizations, industry associations or organizations featured lists should be confirmed by the owner.
Bidders to participate in the bid should be to the municipal urban and rural construction administrative departments, according to project actual situation of the tenderer, in the tender notice or in the invitation to tender clearly other qualifications of the bidders. 25th Tenderer shall be according to the calibration method specified in the tender documents, tender bid candidate recommended by the Committee in determining the winning bidder.
The tenderer and the winning bidder shall bid in the 30th from the date the notice is issued, according to the People's Republic of China Law of contract and the relevant requirements laid down in contract management in engineering survey and design, according to subject to the tender document tender document content and the winning bidder to sign contracts for surveying, design, contents and to fulfil the contract.
26th bidding units should be signed in survey and design within seven working days from the date of the contract, direct contracting the construction unit shall sign survey and design within 15 working days from the date of contract, contracts for surveying, designing local urban construction administrative departments, and provide the following information: (a) prospecting, design contracts;
(B) the annual investment plan;
(C) evidence of survey and design unit of economic compensation ability;
(D) notification (in accordance with the provisions of public bidding of construction project);
(E) survey and designing corporate integrity manual.
The fourth chapter quality management 27th survey, design and construction drawing Inspection Unit shall establish a sound quality assurance system.
Design units implementing quality system of liability insurance and quality responsibility, implementation of the national implementation of the quality system certification system.
Survey and design institutions responsible for the quality of survey and design documents; construction drawing inspection unit responsible for construction drawing design documents its findings and report responsible for the problems found in a review.
28th article of any units and individuals shall not be required to survey, design and construction drawings review in violation of laws, rules, regulations and technical standards of investigation, design, review or provide false documents and reports.
29th units shall be construction drawing design documents and related government documents submitted to the municipal urban and rural construction administrative departments for administrative review, technical examination made after the notice of review, commissioned its construction plan review unit construction plans technical review; construction drawing review unit in the technical examination shall be submitted to the municipal or County (City) urban construction administrative departments for the record. Construction construction drawing design documents should be entrusted with the corresponding qualification of construction drawing Review Unit reviews.
Without examination of construction drawing design documents, shall not be used.
Article 30th construction units for processing administrative review should provide the following materials:
(A) construction project planning permit (including appendix material);
(B) with the local urban construction administrative departments for the record of survey and design contracts;
(C) the engineering geological investigation report and complete set construction drawing design drawings and specialized calculations.
Crowded places and special construction projects, super high-rise building project, a major engineering and construction of a possible serious secondary disasters should also provide fire design review submissions, super special review of seismic fortification of tall building seismic safety evaluation of submissions and approvals.
31st, seismic, response is needed, fortification special demonstration (hereinafter referred to as the special argument) of municipal utilities projects, the construction unit shall organize experts for special demonstration at the preliminary design stage and technical review to send special demonstration construction drawing review unit.
Construction plan review unit review of fortification should be reviewed, and should be carried out without special public works, demonstrate, or carried out a special demonstration, but its design does not perform special demonstration, construction drawing review conclusions to be ineligible.
Article 32nd construction units for processing technical review should provide the following materials:
(A) notice of construction drawings technical reviews;
(B) the engineering geological investigation report and complete set construction drawing design drawings and calculation of various professional books;
(C) construction project planning permit (including appendix material).
30th and 31st in the second paragraph of the rules in respect of construction works should provide related departments and units of the special review, approval and verification.
33rd construction technical review should be since the date of the data provided, complete in the following time limits for review:
(A) the construction, municipal engineering for 15 working days, medium and small construction, municipal engineering for ten working days;
(B) engineering investigations files, class-a project for seven working days, second division and following a five-day program. Investigation and design units modified time limits are not included in the review.
Review of survey and design modified and submitted outside the review period of time more than three times, as a review failed, employer needs to delegate the original review review.
34th construction plan review unit to handle technical review records should provide the following materials:
(A) examination of construction drawing books;
(B) the construction drawing review;
(C) review of construction drawings and proof of performance of the contract. Article 35th of the design documentation in the implementation process, design shall cooperate with the engineering and construction unit, explain design intent and design of important parts of content, explanation of design files, solving design problems in the course of construction, and in accordance with the provisions in the main stages of acceptance or commissioning inspection.
Significant and complex engineering field technical service contract shall be signed, field representative in accordance with the provisions.
Significant quality accident in the construction engineering, survey and design units should participate in accident investigations, and proposed solutions. 36th survey and design in the implementation file, without authorization, no unit or individual is allowed to modify.
Necessitates modification of the original design unit should be responsible for, by the written consent of the original design unit may also entrust a qualified designer to modify the other.
Investigation, design file modification programme, use of features such as a major change, shall be submitted to the original examination and approval departments approval again, the original construction drawing Review Unit reviews.
File to modify the design of the unit responsible for the changes, modify the part when you have a knock-on effect on unmodified parts shall bear corresponding responsibility. 37th surveying, design and construction review unit shall, in accordance with national and provincial regulations to establish a sound management system.
With regard to the investigation, design and construction review documents, drawings and survey reports, information should be filed in a timely manner, damage, alteration, loss or for individuals.
38th survey, design and construction drawing inspection personnel shall abide by professional ethics, to keep business secrets obtained in practice.
Supervision and administration of the fifth chapter
39th of municipal or County (City) urban construction administrative departments shall, jointly with relevant departments to establish a sound investigation, review of design and construction quality supervision and inspection system and the corresponding accident reporting system.
Survey, quality of design and construction review findings and conclusions shall be announced to the public.
40th of municipal or County (City) urban construction administrative departments when they discharge their duties of supervision and inspection, and shall exercise the following powers: (a) request units under inspection to provide engineering, design qualification certificate, registered personnel and technical backbone of the registration certificate, the title certificate, diploma, etc;
(B) request units under inspection to provide documents relating to engineering survey and design business, related to quality management, production management, file management, financial management and other internal documents of the management system;
(C) enter into the inspected Unit checked, access to relevant information;
(D) to correct violations of the relevant laws, regulations, and norms and standards relevant to the provisions of this Act.
41st of municipal or County (City) urban construction administrative departments should obtain qualifications of survey, design and shop drawing review unit and branch offices filing unit for dynamic verification, verification includes:
(A) the qualification certificate, certificate, Branch Secretary of the record content changes;
(B) the project performance and technical specifications;
(C) practitioners registered and employed, technicians and management staff changes; (iv) movement of capital and other financial indicators;
(E) credit management;
(Vi) other acts that require verification.
42nd of municipal urban construction administrative departments shall establish a survey and design and construction drawings review unit and registered person credit profile and credit manual, exercise motivation, punishment and trustworthiness of the credit management system.
Credit failed, bad behaviour caused adverse social impacts and practitioners may not be issued credit manual, and clear out the city survey, design and construction drawings review market, qualification and practitioner register dynamic verification failed.
Specific measures for the management of credit by the municipal urban and rural construction shall be formulated by the Administrative Department.
43rd of municipal or County (City) urban construction administrative departments on the business activities of the matters of administrative license when conducting supervision and inspection, shall supervise and inspect and process the results recorded in the credit file and credit manual archive after signed by the supervising personnel.
The sixth chapter legal liability
44th reconnaissance, design in violation of any of the following circumstances as provided herein, the municipal or County (City) urban construction administrative departments in accordance with the functions and powers, be ordered to desist from the illegal act, rectify, and given the following punishments:
(A) is not in accordance with the provisions of certificate changes, continuation, cancellation, penalty of between 5,000 yuan and 10,000 yuan;
(B) the national or provincial urban construction administrative departments approved certificates of qualifications is not within the specified time to the administrative departments of the municipal urban and rural construction, and more than 10,000 yuan and fined a maximum of 20,000 yuan;
(C) false survey and design documents issued by not having caused serious consequences, fined a maximum of between 50,000 yuan and 30,000 yuan, resulting in serious consequences, relevant departments of the surrender penalty shall be imposed in accordance with applicable laws, rules and regulations;
(D) the quality management system is not perfect, did not participate in the liability insurance, fines of between 10,000 yuan and 20,000 yuan;
(E) not submitted in accordance with the provisions of credit file information, more than 10,000 yuan and fined a maximum of 20,000 yuan;
(F) out of reconnaissance and design units to the city to undertake construction engineering survey, design is not the filing formalities, fines of between 10,000 yuan and 20,000 yuan;
(VII) investigation and design units in the collection not filing by the establishment of branches, fines of between 10,000 yuan and 20,000 yuan.
45th construction drawing review in violation of these rules, any of the following circumstances, the municipal or County (City) urban construction administrative departments in accordance with the functions and powers shall be ordered to correct, and a fine of between 10,000 yuan and 30,000 Yuan:
(A) beyond the scope of business engaged in the review of construction drawings of finds;
(B) without notice of construction drawings technical reviews without authorization to undertake a review of mandates;
(C) the use does not have personnel who are qualified to review and (iv) is not in accordance with the time limits for review;
(E) review of review content that is not in accordance with the provisions;
(Vi) not in accordance with the provisions of the review of construction drawings for the record;
(VII) failing to file management;
(VIII) does not report the violation investigation and design units and their employees.
Article 46th in violation of any of the following circumstances as provided herein, the municipal or County (City) urban construction administrative departments be ordered to desist from the illegal act, rectify, and given the following punishments:
(A) survey and design after the contract is signed are not in accordance with the provisions for the record, more than 10,000 yuan and fined a maximum of 20,000 yuan;
(B) is not in accordance with the provisions of construction drawing inspection procedures, fined a maximum of between 50,000 yuan and 30,000 yuan;
(C) to force the investigation, design and construction review unit issued false documents or reports, without serious consequence, fined a maximum of between 50,000 yuan and 30,000 yuan;
(D) use false materials for construction drawing inspection, without serious consequence, fines of between 10,000 yuan and 30,000 yuan.
The preceding paragraph of this section (c) (d) an act causing serious consequences, relevant departments of the surrender penalty shall be imposed in accordance with applicable laws, rules and regulations.
47th reconnaissance, design and construction review personnel who violate these rules, any of the following circumstances, the municipal or County (City) urban construction administrative departments be ordered to desist from the illegal act and give the following penalties:
(A) the transfer, lend, altered, counterfeit investigation, seal of practicing designers, fines of between 10,000 yuan and 20,000 yuan;
(B) violation of laws, regulations and rules for investigation and related technical standards, specifications, design, and a fine of between 10,000 yuan and 30,000 yuan;
(C) allow others to practice in their own name, signing a false outcome, a fine of between 10,000 yuan and 30,000 yuan;
(D) failing to participate in continuing education, of 1000 Yuan fine.
48th in accordance with these regulations, construction, survey, design and construction drawings review unit fine, the unit shall be the legal representative of the person and other persons directly responsible for penalty fines of 5% more than 10% below.
49th article of investigation, design and construction review violations, not punishment stipulated in these procedures, in accordance with national, provincial and other relevant laws, regulations and rules of the imposition of penalties.
50th relevant administrative departments and their staff in the course of supervision and management irregularities for favoritism, abuse their powers, neglect their duties, by their work units or by the competent authorities shall be given administrative sanctions.
The seventh chapter by-laws
Construction survey in 51st article of the rules (the survey), refers to a requirement under construction projects, identifying, analysing, evaluating construction sites of geological and geographical features and geotechnical conditions, preparation of construction survey and documentation activities.
Construction and engineering design in these measures (the design), refers to a requirement under construction projects, required for the construction of technology, economy, resources and environment synthetically analysis, feasibility studies, preparation of construction design documents activity. Review of construction drawing design documents in these measures (construction drawing review for short) refers to the buildings and municipal infrastructure engineering, construction drawing design document review, divided into administrative and technical reviews. Administrative review refers to the municipal urban and rural construction Administrative Department in accordance with the relevant laws, regulations, engineering survey and design market, quality and construction drawings technical reviews, procedural review of the record.
Technical review is a qualified construction plan review unit in accordance with the relevant laws, regulations and technical specifications, construction drawings relate to public interest, public safety and engineering construction compulsory standard of substantive review, construction drawing review unit in this approach review and shop drawing review technical review. 52nd these measures come into force October 1, 2012. Municipal people's Government on June 1, 2000, as amended on October 26, 2007 of the Harbin municipal construction project management of investigation and design of the repealed simultaneously.
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