Administrative Measures On Equipment Supervision In Shanghai

Original Language Title: 上海市设备监理管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368224.shtml

Administrative measures on equipment supervision in Shanghai

    (December 26, 2011 the 131th meeting of Shanghai Municipal review on December 28, 2011, Shanghai Municipal People's Government to 76th, published since March 1, 2012) Chapter I General provisions

    Article I (purpose and basis)

    In order to ensure the quality of equipment, improve investment returns and standardize equipment supervisory activities according to the relevant regulations of the State, considering the actual situation in the city, these measures are formulated.

    Article II (definitions)

    Equipment supervision in these measures refers to professional institution commissioned to meet the national requirements, for all kinds of engineering equipment and other industrial plants (not including construction works for buildings, fixtures and accessories installed in the electrical, heating, ventilation, air-conditioning, water supply and drainage equipment) for the design, procurement, manufacture, installation and debugging and test run the implementation of monitoring and management activities.

    Article III (scope of application)

    Plant engineering activities in the administrative area of the city and its related management activities, these measures shall apply.

    Fourth (Administrative Department) City of quality and technical supervision Department on supervision and management of equipment supervision activities in the city.

    District and County quality and technology supervision departments are responsible for implementation of the supervision and management of equipment supervision activities within their respective administrative areas.

    The city's development and reform, economic information, business, traffic-building, industrial and commercial administrative departments in accordance with their respective responsibilities, to coordinate the implementation of these measures.

    Fifth (Trade Association)

    Shanghai City engineering equipment supervision Industry Association (following referred to "city equipment supervision Association") should strengthening industry self-discipline management, according to legal, and regulations of provides, in equipment supervision business training, and information exchange, and policy recommends, and interests guarantees and industry information released, aspects play role, and can accept national about sector of delegate, on equipment supervision units qualification and registered equipment supervision Division practice industry qualification for management.

    City of quality and technical supervision Department of the Municipal Association of equipment supervision activities should be strengthened and monitored.

    Sixth (supervision unit and their employees) Professional organizations engaged in equipment supervision business shall obtain a certificate of qualification of equipment supervision unit.

    Professionals representing independently supervising business equipment supervision unit, shall obtain a certificate of registered plant engineering consultant qualification.

    The equipment supervision unit and licensing of registered plant engineering consultant and executive oversight, and implementation of the relevant provisions of the State.

    Assist registered plant engineering consultant to implement the supervision of professionals should have the relevant expertise, equipment, and accepted supervision Association of training and examination.

    Seventh (filing) Provinces and cities outside plant engineering unit needs to undertake supervision of business in this city, shall hold a certificate of qualification of equipment supervision unit and business licenses and other documents to the municipal equipment supervision Association filing procedures.

    Municipal Association of equipment supervision shall record information submitted to the city of quality and technical supervision Department in a timely manner.

    Eighth (principle of supervision and accountability)

    Engaged in equipment supervision activities shall follow the "independence, objectivity, impartiality and good faith" principle.

    Nineth (supervision of insurance)

    Liability insurance, advocates, the plant engineering unit to participate in supervision.

    Tenth (professional ethics)

    Plant engineering unit and its employees shall comply with professional ethics, maintaining the lawful rights and interests of the client, the contractor overseeing service clients ' business secret and cannot be published for the time being prescribed by the State according to law has the duty of confidentiality.

    Chapter II supervision activities

    11th (shall entrust the scope of supervision)

    Equipment in the following projects to achieve a certain scale, its project legal person shall delegate to the plant engineering unit to manufacture and installation supervision:

    (A) financial capital investment projects;

    (B) all by or controlled by the State-owned assets investment of State-owned assets investment projects;

    (C) the municipal key projects and key projects;

    (D) the State should implement equipment supervision and other projects.

    The municipal departments should be approval for fixed asset investment projects (approved, for the record) or construction projects to build procedures, through the service platform for fixed asset investment projects management, construction project management information platform, will conform to the provisions of the preceding paragraph informed city of quality and technical supervision Department of the project information.

    Range of specific devices should implement supervision by the municipal quality and technical supervision authorities and the municipal authorities according to the provisions of the first paragraph of this article be designed and published.

    12th (supervisor) to Project legal person can independently choose equipment supervision unit and equipment supervision contract, expressly delegate supervisory work of equipment supervision unit.

    No other units, departments, and individuals may specify equipment supervision unit.

    Equipment supervision unit must be selected through tendering procedures in accordance with law and bidding activity and the client shall be subject to relevant departments shall exercise administrative supervision. Legal persons according to the needs of the project may be entrusted with supervision services supervision unit to pay for all the equipment one device can also delegate more than 2 equipment project management units assume independent devices business.

    Entrusted supervision of equipment supervision unit shall not be assigned or sub-contracted services.

    13th (show qualification certificate)

    Equipment supervision unit commissioned the former should hold the qualification of equipment supervision unit certificate issued by relevant State departments, and tell the client about business conditions.

    14th (signed supervision contract)

    The client should have the appropriate qualification of equipment supervision unit signed supervision contract, explicit standards supervision scope, contents and contract rights and obligations on both sides, the charging and payment of supervision fee, breach of contract and dispute resolution methods.

    Encourage parties to adopt plant engineering contract demonstration text established by the relevant departments of the State.

    15th (written notice to the supervisor)

    After signing the supervision contract, the client shall notify the equipment design, manufacturing, installation and commissioning of enterprises supervision, instructions on equipment supervision activities and the scope of supervision, supervisor's name, key personnel, and so on.

    Supervising units shall in accordance with the contract with the client and a notice in writing to accept supervision.

    16th (management plans)

    Equipment supervision unit shall, in accordance with the contract and related technical standards, specifications, preparation of supervision plan, submitted to the client approval, supervision can be implemented.

    Principal and supervising units shall provide plant engineering activities with the necessary assistance and cooperation, and required equipment supervision unit provide supervision of relevant information.

    17th (project management agency)

    Equipment supervision unit should be under the supervision contract agreement, setting project supervision unit at the scene.

    Setting supervision institutions, project supervision on behalf of plant engineering unit has overall responsibility for performance of the supervision contract.

    18th (project leader) Equipment supervision unit should clear supervision of the project leader, and reach agreement in the plant engineering contract.

    Supervision of the project leader should have the certificate of registered plant engineering consultant qualification and registration.

    Supervision project manager authorized in writing by the equipment supervision unit, conducted the business of project supervision unit.

    Without the client's consent, supervision of the project leader may not be within the contract on equipment supervision, supervision of other project work.

    19th (quality control)

    Equipment supervision unit shall, in accordance with the plant engineering contract scope, contents and standards, inspections, document testimony, witness and stopped witness arrangements, to perform project supervision and supervision record.

    20th (Safety)

    Equipment supervision unit shall, in accordance with the scope of supervision, verification by supervisor qualification, qualification certificates as well as security personnel, special operations personnel qualification certificates, and make a record.

    Equipment supervision unit shall, in accordance with the scope of supervision, urged supervision unit for equipment manufacture, installation and commissioning and commissioning activities such as site security, relating to regular patrols, and make a record.

    21st (supervision reports and information provided)

    Equipment supervision unit should be under the supervision contract agreement, supervision reports to the client, and shall promptly report major.

    Plant engineering unit, found within the scope of supervision device in quality, schedule and other problems, should communicate with clients, supervisor, and coordination.

    Equipment supervision unit supervision, supervision should be planning, supervision registration records and inspection reports and other relevant information for safe keeping, and in accordance with the supervision contract, provide relevant information to the client.

    22nd (accident report)

    Equipment supervision unit found that quality and safety accident shall immediately notify the supervisor take effective measures to rectify, and the principal. Rejected by the supervisor delays, rectification or quality and safety accident, equipment supervision unit shall immediately notify the supervision unit shutdown rectification, and the principal.

    Clients confirm that is the case, shall immediately orders suspension corrected. Client, supervision on the quality and safety problems of weak governance, equipment supervision agencies should report local district and County quality and technology supervision departments.

    District or County quality and technology supervision departments upon receipt of the report shall be verified and dealt with; does not belong to the jurisdiction of the Department, should be transferred to the relevant administrative departments to deal in a timely manner.

    23rd (management fees)

    To implement equipment supervision according to law, supervision of expenses shall be in accordance with the relevant provisions of the State, in fixed asset investment projects in construction engineering supervision fee arrangements, fees in accordance with the relevant provisions of the State.

    Chapter III administration of supervision activities

    24th (strengthening supervision and inspection)

    The municipal and district or County quality and technology supervision departments should strengthen supervision and inspection of equipment supervision activities.

    Municipal, district and County quality and technology supervision departments while performing their duties of supervision and inspection, the relevant units and individuals shall objectively and accurately reflect the situation, providing related materials.

    25th (public report) Any unit and individual have the right to report equipment supervision violations.
Quality and technology supervision departments and related departments should keep their informants confidential.

    Quality and technology supervision departments should publicize accepts reports of contact; reporting information received shall be promptly and completely recorded and properly preserved.

    Tipoff belongs to the duties of the Department should be objective, fair and timely verification and processing, response; not part of the duties of this Department should timely transfer of competence to deal with Department and inform the informers.

    Report is true and active units and individuals assist in investigating violations committed, in accordance with the relevant provisions of grant awards.

    26th (establishment of credit archives)

    City of quality and technical supervision departments should set up equipment supervision unit and its practitioners credit file, credit management, have a bad credit history and increase the frequency of supervision and inspection of the equipment supervision unit.

    The fourth chapter legal liability

    27th (penalties for equipment supervision unit)

    Plant engineering unit, one of the following acts by the municipal or district/County quality and technology supervision departments to give warning, be ordered to desist from the illegal act and drew attention to the relevant departments of the State shall be handled:

    (A) concealing actual fraud obtain qualification certificates or unauthorized business;

    (B) beyond the approved scope of business engaged in supervisory activities;

    (C) forged, altered, leased, transferred, sold certificates of qualification of equipment supervision unit;

    (D) favoritism, negligence, resulting in significant quality accident or personal injury accidents;

    (E) breach of contract disclosure commercial or technical secrets of the principal or supervisor, principal or supervisor or other economic loss caused serious consequences.

    28th (penalties for equipment supervision unit b)

    Plant engineering unit, one of the following acts, by city or district or County quality and technology supervision departments be ordered to desist from the illegal act and fined a maximum of between 50,000 yuan and 10,000 yuan in serious cases, to a fine below 50,000 yuan and 100,000 Yuan:

    (A) in violation of this article 12th paragraph, transfer or subcontract plant engineering business, (ii) breach of the first paragraph of article 18th, delegate does not have the qualification of registered plant engineering consultant staff for the supervision of the project leader.

    29th (punishment of registered plant engineering consultant)

    Of registered plant engineering consultant of any of the following acts, drew attention to the relevant departments of the State by the city of quality and technical supervision departments dealt with according to law:

    (A) issuing false data, certificates and reports;

    (B) significant due to errors, accidents or major economic loss;

    (C) in the course of practising a bribe, bribery, or seek any other illegitimate benefits;

    (D) allow others engaged in equipment supervision activities in its own name, or simultaneously for more than 2 equipment supervision unit.

    30th (penalty for project legal person)

    Project legal person has any of the following acts, by city or district or County quality and technology supervision departments to give warning to order rectification, and a fine of 10,000 yuan and 30,000 yuan fines:

    (A) in violation of these regulations section 11th shall implement supervision of equipment without supervision;

    (B) violation of the first paragraph of this article 14th, plant engineering business entrusted to the device that is not a qualified supervisory units.

    31st (punishment by agents of the State)

    Quality and technology supervision Department of the staff of any of the following acts, by their work units or by the competent authorities shall be given administrative sanctions:

    (A) failing to perform their duties of supervision and inspection of equipment supervision activities;

    (B) after receiving the equipment supervision units report, failed to verify the quality and safety of the circumstances surrounding this accident, and address;

    (C) finding violations, not promptly investigated or harboring and conniving illegal activities; (iv) the illegal imposition of administrative penalty;

    (E) other acts of dereliction of duty, abuse of authority or engages in.

    32nd (civil liability)

    Equipment supervision unit was not in accordance with contract supervision services, causes losses to the client, shall bear civil liability.

    The fifth chapter by-laws

    33rd (law applicable to construction project management)

    Supervision of construction activities of the project implementation, application of the provisions of the measures for the administration of Shanghai construction engineering supervision.

    34th (commencement and repeal) These measures shall take effect on March 1, 2012. May 16, 2000, Shanghai Municipal People's Government, 83rd order 119th, April 1, 2002, Shanghai Municipal People's Government to amend and republish the Shanghai engineering equipment supervision regulations repealed simultaneously.