Nanjing Architecture Market Management Several Provisions

Original Language Title: 南京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/201212/20121200379338.shtml

Nanjing architecture market management several provisions

    (November 14, 2012 the city the 84th general meeting November 23, 2012 Nanjing municipal people's Government promulgated as of January 1, 2013, No. 289) Chapter I General provisions article for the construction market, maintain the order of the construction market, ensure project quality and safety, according to the People's Republic of China construction law, the Jiangsu Province administration of construction market regulations and other relevant laws and regulations and practical, these provisions are formulated.

    Article within the administrative area of the city in housing construction and urban infrastructure construction market activity, implementation of the construction market supervision and management, shall comply with this regulation.

Third municipal construction Administrative Department is responsible for the unified supervision and management of the construction market in the city, construction markets such as construction and installation of its management specifically responsible for the day-to-day management of the regulatory bodies in accordance with their respective responsibilities.

Development and reform, human resources and social security, environmental protection, urban management, transport, water conservation, production safety supervision, Department of quality and technical supervision administration in accordance with their respective responsibilities, cooperative completes the construction market supervision and management work.

    Jiangning district, Pukou district, liuhe area, Lishui, gaochun County Building Division of responsibilities for the executive authorities, responsible for the supervision and administration of construction market in the region.

Article fourth construction market supervision agency shall perform the following duties:

(A) to carry out national and provincial regulations related to construction markets, improve construction market management norms;

(B) the implementation of credit management in construction market main body and construction workers ' real-name system management;

(C) the implementation of construction, construction, supervision and other relevant units and qualifications of employees eligible for management;

(D) implementation of the construction contract (subcontract), supervision of contracts, construction project manager, supervisor of supervision institutions, foreign enterprises in Nanjing record management agencies, construction services manager;

(E) construction, construction supervision and inspection, supervision, and other units in China and related markets;

(F) the construction of Informationization, standardization of market supervision;

(G) investigate and punish violations of construction market;

    (VIII) shall perform duties according to law. Article fifth engaged in market activities, implementation of the construction market supervision and management, should follow the unified, open and orderly competition and the principles of openness, fairness, and equal competition.

    No unit or individual may illegally restrict or exclude this area, outside the system of legal persons or other organizations to participate in the competition shall not in any way disturb the order of the construction market.

    Chapter II market management

Sixth construction investment construction projects, should have the appropriate source of funds, shall bear civil liability.

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

Article seventh unit and contract engineering projects adapted to technical and economic management personnel, can contract projects does not have to adapt to contract engineering projects of technology, economics and management personnel should be in accordance with the provisions to entrust agencies with appropriate professional qualification or qualifications. Project implementation of construction, the construction unit shall be entrusted, inter alia, through public bidding management unit is responsible for the implementation of the project.

    Accept daijian Commission project management unit should have appropriate qualifications or qualifications and in accordance with the relevant provisions of equipped with technology, economics and management staff to adapt to the size of construction projects.

Article eighth the following units engaged in construction in this city, shall obtain a qualification or qualifications of the corresponding level:

(A) construction engineering survey, design, construction, supervision units;

(B) construction cost consulting, tender agent and quality control units;

(C) other units must obtain a qualification or qualifications set by the State.

    Qualification grade of construction market enterprises in construction Enterprise qualification grade standard and other related standards within the business scope of participation in construction project tendering and bidding activities, shall not go over to take on the role.

    Nineth construction, supervision and other units shall comply with the relevant provisions of national and provincial, to fulfil the obligations, and honesty and commitment to the construction market supervision bodies, consciously accept the supervision of construction administrative departments; serious violations, should be in accordance with the construction market, honesty and commitment to withdraw from the city.

    Article tenth field construction, supervision and other units in the city to undertake works, construction market regulators should be required to submit honest and law-abiding undertaking, business license, qualification certificate as well as staffing, better Office space in Hong Kong, credit records and other information, filing procedures, and obtaining credit manual.

Chapter III contract, contract management section 11th project construction, supervision of business of the employer, it needs to be divided into a number of parts or sections shall be divided; it should be done by a contractor, the construction unit shall not dismember into several parts, and the employer to the contractor.

    Housing construction, supervision of business of the employer, the unit works to allow divided the smallest unit of the employer.

    12th general contractor of construction units shall not be required to contract within the scope of professional engineering or service jobs to the unit.

    13th construction units should be established commensurate with the project's project management Department, head of project manager, technical manager, project accounting, quality managers, security management, and other key management personnel should hold the appropriate qualification of the personnel.

14th construction unit shall not be any of the following acts:

(A) breach of contract, all of the contracted works were assigned to other persons;

(B) the contractor all dismembered subcontracting respectively transferred to other people contracted in the name of and (iii) professional engineering or service jobs to units or individuals do not have the appropriate qualifications;

(D) construction is not agreed in the contract, and without employer approval, will be part of the contracted works were assigned to other units to complete; (e) the engineering construction of the main structure to the other units;

(Vi) professional contractor will be sub-contracted specialized subcontractor; (VII) labor service units will be sub-contracted services operations;

    (VIII) other behaviors prohibited by laws and regulations.

    15th engineer project supervision mechanism should be established at the project site, in accordance with the regulations with supervision personnel, Chief supervision engineer, professional engineer, supervisors should hold the appropriate qualification certificates of the personnel of the unit.

16th under any of the following circumstances, and supervising units shall be stopped, ordered rectification; refused to reform, construction market supervision agency shall deal with the report in a timely manner:

(A) without qualification or exceed the level of qualification of construction;

(B) the project manager failed to perform their duties;

    (C) construction management or special operations personnel of the undocumented.

17th construction, the engineer shall provide the construction market supervision agency for the following record:

(A) the construction, the engineer starts before the construction contract (subcontract), the supervision contract;

    (B) construction units in pre-construction management project manager record, head of project manager, technical manager, project accounting, quality managers, security management, and other key management personnel changes, alteration in the 7th after the change record; (c) the supervision units in pre-construction management supervision record, Chief supervision engineer changes, alteration in the 7th after the change record.

    Article 18th construction, construction, supervision and other units should strengthen the engineering construction management and retained backup data on the construction site.

In China the fourth chapter management article 19th building, construction, supervision and professional and technical personnel of the unit shall obtain the corresponding qualifications.

Do a special type of skilled workers should have the appropriate special operations certificate, vocational qualification certificates.

Construction workers post certificate shall hold appropriate professional skills and to require pre-service technology, safety training.

    Construction administrative departments should strengthen the construction market in China, training, assessment and management, and improve the quality of employees, implementing certified systems according to law. 20th article of the municipal management system of construction market building services manager.

Construction Services Manager refers to the training of construction workers for the Organization and management of construction unit staff.

Construction general contractor or professional contractor completed within the contracted construction labor jobs, construction labor managers appointed by the general contractor or specialty contractor; implementation of labor subcontracting in accordance with law, appointed by the labor service units.

    Delegate construction services manager to on-site construction jobs, construction units at the construction workers to enter before the construction services manager record.

21st the real-name system management of construction workers.

    Construction market regulators issued by Nanjing citizen card and registration of construction workers ' personal identifiable information, industry information, salary and social security information, such as personal credit information, establishment of information management system for construction workers, promoting management and social management, protect their legal rights and construction work. 22nd construction units shall verify the identity construction workers, establish employment files, in accordance with the regulations in the construction workers enter the 3rd message will be submitted to the construction market supervision agency.

Implementation of construction general contract of construction general contractor responsible for the summary report.

Construction market regulators from 3rd to complete the examination of the information received, the City Department of human resources and social security administration within the 30th for members of the public.

    Construction workers ' information changes, the construction unit shall go through the procedures of alteration within the 3rd.

    Article 23rd public construction workers in accordance with the relevant provisions of the card work-related injury insurance, medical insurance and other benefits as well as electronic payments, public transportation and other social services. 24th article of the city implemented construction laborer wage payment system.

    Construction units should be in accordance with the provisions of deposit protection fund, specific payment standards shall be formulated separately by the municipal government.

25th construction units shall be in accordance with the contract payment in a timely manner.
Construction units should be issued to construction workers ' wages in full and on time their cards corresponding to the bank account, no outstanding engineering contributions on the grounds of arrears of wages.

    Section 26th unit shall be required deposit before the project began construction in social security costs, construction market supervision agency construction project this into the financial accounts should be consolidated supervision to protect construction workers enjoy the work-related injury insurance, medical insurance and other benefits.

The fifth chapter 27th article this credit management, credit management system of construction market.

Credit refers to credit Handbook as a carrier, the construction market subject and relevant management personnel in construction activity, the basic situation and market behavior, engineering, quality, safe and civilized production, such as credit information collection, recording, evaluation, publicity and application of evaluation results.

    Construction market regulators to collect credit information should be objective and impartial, protection of trade secrets and personal privacy.

    28th construction, supervision and other units should be required to provide the construction market supervision agency managers and credit information, and shall not be false, omitted or concealing.

    Article 29th construction market supervision institution on construction and supervision unit managers and credit score to quantify information and included within the period specified in the credit score.

    Article 30th departments concerned shall promptly provide information about management in the construction market credit market regulators for the architecture and resource sharing.

31st credit evaluation results to the public by the municipal construction Administrative Department, and used in construction project bidding and construction project management.

Building market principal evaluation results should be used in the construction market activity credit.

    State funds, the State-owned capital controlled or dominated by integrated project bidding when bid, credit evaluation results should be accounted for in scoring percentage.

    32nd in the field of construction and supervision contract engineering business unit for the first time in this city, in the light of the construction market in the city series, the same profession, the same level of enterprise credit evaluation results and offer certain credit scores. 

    33rd of municipal construction Administrative Department shall establish credit in construction market management information platform, sound and faithful encouragement and punishment mechanism, in the aspects of market entry and exit, the day-to-day monitoring, to the construction, supervision and management of differential management personnel, guidance, supervision according to law, good faith engage in construction activities.

    Sixth chapter article 34th construction administration of supervision and Inspection Department and other relevant departments shall strengthen the supervision of construction project tendering and bidding activities, improve the bid opening, bid, bidding mechanisms such as calibration, investigate and deal with violations in construction project tendering and bidding activities.

35th construction administrative departments do not meet the qualification standards, there are violations, serious quality accidents of enterprise, as well as leased or lent out a practising certificate, failure to perform a duty practising of practice staff, be investigated and prosecuted by law in serious cases, revoked or revoke his qualification, qualification, clear out the construction market.

    Construction administrative departments should regularly return each year, construction markets, the list of companies to the public. Article 36th construction market supervision institution on construction, construction, supervision and other units for inspection, the inspected organizations and personnel shall cooperate with the inspections, in accordance with the inspection requirements, explain the situation, and provide relevant information.

    Refuse or obstruct the inspection, by the public security organs in accordance with the People's Republic of China on public security administration punishments Act will be punished. 37th planning, land and environmental protection Administrative Department should strengthen the supervision and inspection of construction projects in accordance with their respective responsibilities.

Default construction project approval procedures, does not meet the requirements of legal regulations and the State policies, no relevant approval procedures. 

    Urban management, environmental protection and other administrative departments should strengthen the construction site supervision, found the construction site without taking any effective measures, rectification, and announced to the public through the media.

    Article 38th construction administrative departments should violations of construction market reports and complaints investigated in a timely manner, not part of the duties of the Department, should be transmitted to the relevant Department in a timely manner and communicate results to the informant or complainant.

39th seventh chapter penalty for breach of these provisions, any of the following acts by building rectification by the Administrative Department, (a) to (f), can be fined a maximum of 500 Yuan and more than 2000; (VII), (VIII) Act can be fined a maximum of 5000 Yuan and more than 30000:

(A) no filing or alter a record;

(B) does not provide credit information for the employer;

(C) in accordance with stipulations on construction workers to register, Declaration, and (d) delegate construction services manager not according to stipulations;

(E) engage without corresponding post certificate staff engaged in construction operations;

    (Vi) not retained in construction site construction materials; (VII) project management or project management key management personnel of the institution does not comply with the requirements of, and (VIII) without a project manager or project management agency.

    40th supervision units in violation of the provisions of article, failing to complete the reporting responsibilities of the Commissioner, resulting in serious consequences by building rectification by the Administrative Department, and more than 5000 Yuan and fined a maximum of 30000 Yuan.

    41st relevant administrative authorities and the construction market supervision agency staff abuse their powers, neglect their duties, engage in their work, does not constitute a crime, administrative sanctions according to law.

    Eighth chapter supplementary articles article 42nd municipal construction Administrative Department in accordance with the provisions relating to credit management, the real-name system management, record management, subcontract management of specific measures. 43rd article of the regulations come into force on January 1, 2013.