Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369088.shtml
Zhejiang construction engineering cost management
(Released April 2, 2012, Zhejiang Province people's Government order No. 296 as of October 1, 2012) Chapter I General provisions
First in order to scientifically and reasonably determining construction cost, construction engineering cost to promote healthy development of construction market, according to the People's Republic of China construction law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Article within the administrative region of this province construction cost activities and construction guide valuation based on the formulation, revision and publication procedures apply.
Major construction projects, including transportation, water conservancy, electricity cost activities as well as direct valuation basis, revise, and publish, in accordance with the relevant provisions of the State; no regulations of the State, in accordance with the measures implemented.
Third people's Governments above the county level shall establish and improve construction project cost management system, improve the regulatory mechanism to protect related funding, urge the relevant departments and agencies in accordance with good management of the construction cost. Fourth above the county level people's Governments in charge of construction sector or other sectors identified in the people's Government (hereinafter referred to as departments of construction cost Administration) is responsible for the construction project cost management within their respective administrative areas.
Competent departments of construction cost administration body responsible for cost management of construction project cost management services.
Major construction projects, including transportation, water conservancy, electricity cost of administrative departments (hereinafter referred to as the professional construction engineering cost Department) in accordance with the country and duties as provided herein, is responsible for the professional activities of the construction project cost management.
Development and reform, finance, supervision and auditing departments, industry and commerce, such as State-owned assets supervision and administration authorities (bodies) and in accordance with their respective responsibilities, is responsible for the administration or supervision of the construction cost.
Article fifth construction cost activities shall conform to legal, the principles of objectivity, impartiality, independence and honesty, protecting public interests.
Article sixth construction engineering cost industry associations shall strengthen self-discipline, industry guidance, services and coordination role to play.
Chapter II guidance pricing basis
Article seventh competent administrative departments shall establish guidelines for construction cost valuation basis of dynamic management mechanism and market mechanism, adjust the guide price Foundation and related management measures, scientific guidance construction cost activities.
Eighth prepared or revised construction guide valuation based on the feasibility study meeting, seminar or other means should be taken, to seek and construction parties, as well as the views of relevant experts can be fully heard.
Development or updating of construction guiding valuation basis, should be commensurate with the level of economic and social development and engineering development, reflect the level of technology and management in the construction industry, promote the popularization and application of scientific and technological achievements in the field of engineering construction, comply with the relevant national standards.
Nineth fixed by the provincial agencies of construction project cost management of engineering responsible for the preparation and revision, submitted to the provincial Department of construction cost administration in conjunction with the development and reform, enacted after the approval by the Administrative Department of finance.
Fixed by the provincial agencies of construction project cost management of engineering is responsible for the interpretation, if necessary, of reminding enacting Department explained.
Tenth to handle the special circumstances encountered in the implementation of construction projects, needs to be supplemented on the engineering norms, formulated by the construction project cost management, publishing of norm, and reported to the relevant validation Department. 11th due to particularity of the project design, construction, and engineering norms lack the corresponding content has been produced, one-time consultations and construction units of construction enterprises norm.
One-off supplementary quota applies only to the construction project.
One-time supplementary norm of the construction project of State-owned investment, the construction unit shall submit the seat area of the city construction project construction cost management record involved design changes in government investment projects and the corresponding adjustment of the contract price, Zhejiang Provincial Government investment budget shall be in accordance with the relevant provisions of the measures for the administration of examination or filing procedures.
12th construction cost construction cost database should be established by the Administrative Department, regularly collect, measure, release prices of construction projects market information and indices, indicators and other relevant information.
13th construction cost software and encourage the development and application of auxiliary management system.
Software development and sales-building construction cost software shall conform to the relevant provisions of the State and the province.
Chapter III project cost
14th design follows the investment control of construction project cost estimates, design estimates for construction drawing budget of control engineering, construction budget and settlement principle, implementation of process management.
Construction project investment estimation and designing budget and construction budget prepared in accordance with the relevant provisions of the State and province. 15th construction units and construction enterprises shall follow the instructions of valuation basis and the relevant regulations of the State, province, agreed the construction cost in the construction contract.
Public bidding and bidding of construction engineering, the cost of contract shall comply with the bidding law, provisions of the statutes and regulations.
Provincial administration for industry and Commerce jointly with the relevant Department to prepare a construction contract demonstration text. 16th State investment construction engineering quantity list valuation should be used.
Bill of quantities based on construction plans should be prepared, not false.
Non-State investment promotion of engineering Bill pricing of building engineering. 17th construction projects through public bidding, the construction unit shall in accordance with the provisions of the construction contract reported to the competent administrative Department of the construction cost for the record.
Record of construction contract, as a basis for settlement of construction engineering.
Construction construction contract to submit for the record at the same time, about bid of construction engineering materials should also be submitted to the competent administrative Department of the construction cost. Investment in State-owned construction projects through public bidding, the construction unit shall organize and prepare bid to control prices, and to include the relevant material submitted to the competent administrative Department of the construction cost.
Bid to control prices is the highest qualified engineering cost in construction project bidding. 18th construction project safety and civilized construction measure fee calculation, payment and use management, in accordance with the relevant provisions of the State.
Regarding supervision and management departments should strengthen supervision.
Article 19th price settlement, in accordance with the construction contract and the relevant laws, regulations, rules and regulations.
Subparagraph to apply instant settlement construction, the construction unit shall, in accordance with subparagraph progress implementing immediate settlement. Units should be within an agreed period after receiving your settlement file review and response.
Reply to settlement terms not agreed or explicitly agreed, specific deadlines established by the 28 working days; building and construction companies may also separately agreed period, but not longer than 6 months.
20th construction units should be signed engineering and construction enterprises within the closing date of 30th to departments of construction cost administration submit billing information.
Laws, regulations, rules and regulations price settlement needs to be approved or certified by the financial Department, the construction unit shall be approved or certified within 30th of submitting billing information.
21st construction violated the construction contract, deny, evade, or delays in the payment of the price is due, can suspend the construction of construction enterprises, and can according to the authorized representative of the employer to confirm the quantity price is or apply to a people's court order requires the project owner to pay the price.
22nd building units and construction enterprises of construction project settlement price dispute, can contribute to the construction cost of administrative authorities or mediation agencies of construction project cost management application; unwillingness to mediate, mediation or negotiation, mediation, may apply for arbitration or litigation.
Fourth chapter of engineering cost consulting enterprises, and (from) people management Article 23rd engineering cost consulting enterprises shall obtain a qualification established by the State and the advisory body within the scope of activities permitted by their level of qualification.
Which made the national provisions have not been qualified or go beyond the scope of the qualification license advisory activities, the engineering cost consultation document issued invalid.
Engineering cost consulting enterprises in engineering cost consulting activities according to law, not subject to administrative regions, industries and other restrictions.
No units or individuals may restrict or specify the engineering cost consulting enterprises engaged in this system, the industry's engineering cost consulting activities.
24th construction cost consulting enterprises business written by contract with the client, and in accordance with the contract and standard norms, rules, practice the requirements of the guidelines, to provide objective, impartial service, responsible for the quality of engineering cost consultation results documents issued.
Engineering cost consulting enterprises issued by the engineering cost consultation outcome documents should be stamped with the company seal of practice, specific consulting businesses registered cost engineers, should be signed and sealed by the Professional (from) seal.
25th construction cost consulting enterprises may not have the following behavior:
(A) alter, resell, lease or loan qualification certificate or other forms of illegal transfer of certificate of qualification;
(B) beyond the level of qualification to undertake cost advisory business;
(C) accept both tenderers and bidders or two or more bidders to the same construction project cost advisory business;
(D) the practice of using outside the enterprise personnel (from) the seal or seal;
(E) the transfer of the undertaking of consulting business;
(Vi) intentionally raising or lowering the construction cost;
(VII) fraudulent cost data or issue a false cost consultation outcome document;
(H) the leak gets in the Advisory service activities of trade secrets and know-how;
(I) to give kickbacks, bribery and other forms of unfair competition;
(10) other acts prohibited by laws, rules and regulations.
Article 26th practice of project cost (from) personnel shall obtain a registered cost engineer certificate or national construction cost certificate, in accordance with the relevant provisions of national and provincial practice (from) activities.
27th cost engineering practice (from) workers shall not be any of the following acts:
(A) the cost of signing any misrepresentation or misleading statement outcome;
(B) in a non-active practice (from) institutions registered;
(C) undertake a cost of business in his own name and allow other people engaged in the cost of business in their own name, or using someone else's name cost outcome document;
(D) the practice simultaneously in two or more units (from);
(V) alter, resell, rent, lend or in any other form of illegal transfer of registration certificates, legal practitioners (from), seal, seal;
(Vi) disclosure in practice (from) obtained trade secrets and know-how;
(VII) other behaviors prohibited by laws, rules and regulations.
28th engineering cost consulting enterprises should establish a sound quality control and operation processes, file management and other management systems, strengthening practice (from) professional training of industry personnel, legal and ethical education.
Fifth chapter of supervision and inspection Article 29th construction cost administrative departments and the relevant supervisory and administrative departments shall establish an information-sharing platform, and enhance the exchange of information, improving the collaborative supervision mechanism. Finding violations should be dealt with according to law.
The relevant units and individuals shall cooperate with.
Control was informed that the commercial and technical secrets, should be kept confidential.
Article 30th competent administrative departments shall establish the engineering cost of construction cost consulting enterprises, legal practitioners (from) the credit files of industry, and be published in accordance with the relevant provisions of the State. 31st Department of construction engineering cost Administration should use this within the administrative area of construction engineering bidding control price, price, price and other information in the portal site or any other published media, subject to public supervision.
Except for construction projects shall be kept confidential by law.
32nd article State-owned investment construction engineering over national, and Province provides of investment lines and the standard, unauthorized increased construction content, expanded construction scale, low price bid, and high settlement, and not according to construction engineering construction contract agreed paid engineering paragraph of, development and reform, and monitored, and financial, and audit and construction engineering cost, about supervision management sector should survey verified, and according to their duties, law made processing.
The sixth chapter legal liability
Article 33rd acts in violation of these rules, laws and regulations have legal liability provisions from its provisions.
Article 34th disobey 16th article, State-owned investment did not use the valuation based on engineering quantity list of construction projects, the Department of construction engineering cost administration a rectification, the fines of between 50,000 yuan and 10,000 yuan.
35th disobey article 17th, the construction unit has one of the following situations, the Department of construction engineering cost administration rectification; fails, fines of between 10,000 yuan and 30,000 Yuan:
(A) construction contract is not complying with the provisions submitted to administrative departments of the construction cost;
(B) material not complying with the provisions of the construction project bid price submitted to Department of construction cost administration;
(C) the tendering material not complying with the provisions of the controlled price submitted to the competent administrative Department of the construction cost.
Article 36th disobey article 20th, the construction unit in accordance with the provisions submitted to the engineering balance of the price information, the Department of construction engineering cost administration rectification; fails, the fines of between 50,000 yuan and 10,000 yuan.
37th engineering cost consulting enterprises in violation of the article 25th (a) to (g) provisions, the Department of construction engineering cost administration in a warning, and no illegal proceeds, more than 1000 Yuan and 10,000 yuan fine; illegal gains, illegal gains more than 3 times but no more than 50,000 yuan fine.
Engineering cost consulting enterprises in violation of the article 25th item (VIII), (IX) provisions of the industrial and commercial administrative departments in accordance with the relevant regulations.
38th article construction engineering cost practice (from) industry personnel violation this approach 27th article subsection (a) items to subsection (five) items provides of, by construction engineering cost administrative competent sector give warning, ordered deadline corrected, no illegal proceeds of, at 1000 Yuan above 10,000 yuan following of fine; has illegal proceeds of, at illegal proceeds 3 times times above but not over 30,000 yuan of fine.
Practice of construction project cost (from) industry personnel in violation of the article 27th (f) provided, by the Administrative Department for industry and commerce in accordance with the relevant provisions.
39th competent administrative departments and supervision of construction project cost management and construction cost management and its staff violate these rules, do not perform or properly perform functions of supervision, resulting in serious consequences to the direct responsible person in charge and other direct liable persons, in accordance with the accountability of the administrative permission law and age.
The seventh chapter by-laws
40th for acts in violation of these rules, construction cost administrative departments of construction project cost, professional competent authorities can delegate agencies of construction project cost management to implement administrative punishments.
41st construction cost mentioned in these measures refers to construction projects from planning to completion, delivery period, all costs incurred due to construction activities.
Guide pricing basis mentioned in these measures refers to construction projects used by parties in the activities of construction cost engineering scale, add quotas, price information, and so on.
State-owned investment projects in these measures refers to all State-owned funds (including the national capital) investment, and State-owned capital investment in total investment over 50%, or having less than 50%, but State-owned investors actually have control of the construction project. 42nd article of the rules take effect on October 1, 2012. April 22, 2004 issued by the provincial people's Government of the construction project cost management in Zhejiang Province abolished at the same time.
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