Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351833.shtml
Harbin construction Enterprise qualification management
(May 12, 2011 the Harbin municipal people's Government of 80th Executive Meeting May 27, 2011 Harbin municipal people's Government order No. 233, published as of July 1, 2011) Chapter I General provisions
First in order to strengthen the management of construction Enterprise qualification and maintain order of the construction market, safeguard construction quality and safety, according to the People's Republic of China Law on construction, the construction market regulation in Heilongjiang province and Harbin construction market regulations and other provisions of laws and regulations, combined with the city's actual, these measures are formulated.
Article in the administrative area of the city within three levels of construction enterprises General Contracting, three-level professional qualifications of contractor and subcontractor, and at all levels, all kinds of dynamic monitoring of construction Enterprise qualification, application of this approach.
Construction enterprises in these measures include: civil engineering, construction engineering, line pipe equipment installation engineering, renovation works and other activities of the enterprise.
Article grading of construction Enterprise qualification management approval, territorial monitoring, the principle of survival of the fittest.
Fourth article of the approaches implemented by the municipal construction administrative departments in charge, may entrust the daily management-owned construction Enterprise qualification management agencies.
The County (City) of construction Administrative Department in accordance with the functions and powers, responsible for quality supervision in construction enterprises within their respective jurisdictions.
Chapter II qualification
Article fifth construction enterprises shall, in accordance with their registered capital, professional and technical personnel, technical equipment and complete construction works has the right to permit qualification of construction enterprises performance or other administrative authorities to apply for the corresponding qualifications, approved after examination, after obtaining the corresponding qualification certificate for construction enterprises, in the context of the qualification engaged in construction.
Article sixth following construction Enterprise qualification, an application shall be submitted to the municipal construction Administrative Department:
(A) the sequence of construction general contract qualification (without direct supervision of the State-owned assets management of enterprise and its subordinate level of construction general contract qualification three railway industry, water conservancy, transportation, information and General Contracting qualification);
(B) professional contractor series qualification (excluding railway, transportation, water resources, information industry, fire prevention, lifting equipment installation and removal of professional contracting qualification and without distinction as to level of qualification of special engineering, geothermal engineering contracting professional qualifications);
(C) the subcontractor series qualification;
(D) gas burning appliances installation and repair qualification;
(E) quality ready-mixed mortar.
Other construction Enterprise qualification, qualification shall, in accordance with administrative privileges to the State or province construction Administrative Department to apply.
Seventh, in charge of construction, construction enterprises to apply for new, add, upgrade qualifications, shall be submitted in accordance with the relevant provisions of national and provincial related information.
Article eighth application for qualification of construction enterprises increased, upgrades, within one year before the date of application any of the following circumstances, municipal construction administrative departments not approving qualifications increased or upgraded application:
(A) beyond the level of qualification or to contract projects on behalf of other enterprises, allow other companies or individuals to contract projects on behalf of the enterprise;
(B) collusion between bids and construction units or enterprises, or seek bid by bribery or other improper means;
(C) has not obtained the construction permit unauthorized construction;
(D) contractors to subcontract or illegal subcontracting;
(E) violation of national engineering construction compulsory standard;
(F) greater production safety accident or two or more production safety accidents in General;
(VII) malicious default company project or the agricultural workers ' wages;
(H) the concealment or misrepresentation, the delay in reporting the project quality and safety accident or accident scene, impede the investigation of the accident;
(I) in accordance with national laws, regulations and standards requires licensed skilled workers without obtaining the certificate of induction, in serious cases;
(J) failing to perform their warranty obligations or delays the performance warranty of engineering quality, causing serious consequences;
(11) alter, resell, rent, lend or in any other form of transfer of construction Enterprise qualification certificate;
(12) others not to accept the circumstances as prescribed by laws and regulations.
Nineth of municipal construction Administrative Department accepting construction enterprises to submit new, add, upgrade qualification application, shall, within 20 working days to complete the review process, approval for eligible decisions; of disapproval decision on does not meet the criteria.
Municipal construction Administrative Department of licensing decisions that have been made to the community for public notification. Tenth Article construction Enterprise qualification certificate registration of Enterprise name, and Office address, and registered capital, and corporate representative or main head, matters situation occurred changes, belongs to city construction administrative competent sector approval of qualification, construction enterprise should in handle business change procedures Hou 30th within, to city construction administrative competent sector application handle qualification certificate registration matters change procedures; belongs to national or province construction administrative competent sector approval of qualification,
Shall, in accordance with the relevant provisions of the State or province construction Administrative Department to apply for certificate registration procedures.
11th construction Enterprise qualification certificates apply to departments of the municipal construction administrative formalities for change of registration shall be submitted in accordance with the relevant provisions of national and provincial data.
12th of municipal construction Administrative Department accepting construction Enterprise qualification certificate of change of registered particulars submitted applications, the review meets the requirements, shall, within 2 working days to complete change; does not meet the requirements, the correction should be informed at once.
Chapter III supervision and management
13th of municipal or County (City) construction administrative departments shall, in accordance with rights and responsibilities, engaging in construction activities in the administrative area dynamic monitoring of the construction Enterprise qualification.
Municipal construction Administrative Department to the County (City) construction administrative departments perform construction Enterprise qualification oversight responsibilities for oversight.
14th of municipal or County (City) construction administrative departments should be involved in construction Enterprise qualification to supervise the following related content: (A) the qualification of enterprise quality.
Supervision of enterprises registered capital and net assets of the construction industry, practitioners, professional and technical personnel, technical equipment and construction performance and other aspects of compliance with the corresponding level of qualification criteria. (B) the enterprise's market behaviour.
Supervision construction enterprise whether exists no qualification construction, and beyond qualification grade range construction, and allows other units or personal to this units name contract engineering, whether established enterprise credit archives, practice industry, and job personnel whether holding card induction, outside building enterprise into this city engaged in building activities whether handle record procedures, in engineering construction activities in the whether comply with related legal, and regulations, and regulations and mandatory standard and practice industry behavior specification, aspects situation. (C) corporate social reputation.
Supervision and construction of construction enterprises fulfil the statutory procedures, performance contracts, taxes, credit, payment of subcontractors work and wages for rural migrant workers, and to participate in social security, maintaining social stability of performance of the relevant obligations, and so on.
15th of municipal or County (City) construction administrative departments can take daily checks, social visits, network investigations, credit evaluation, dynamic monitoring of construction Enterprise qualification.
Supervised companies and shall cooperate with the persons concerned, shall not be denied or obstructed.
16th construction enterprises shall, in accordance with the relevant provisions of the municipal construction Administrative Department to establish business credit file, receive credit manual.
Municipal construction administrative departments shall, in accordance with national, provincial and municipal regulations, organize relevant departments to implement credit management of construction enterprises, construction Enterprise qualification change in a timely manner and market behavior, social credit information collection, charged to the business credit archives, as assessing credit rating and the qualification management of construction enterprise based on.
Construction enterprise credit evaluation results should be open to the public, and on the construction Enterprise qualification certificates, credit manual record.
17th article city, and County (City) construction administrative competent sector through supervision check or according to interest relationship people of requests, found construction enterprise of qualification has up not to grade provides standard of, should ordered deadline rectification; late not corrected of, belongs to city construction administrative competent sector approval of qualification, by city construction administrative competent sector law be revoked; belongs to national or province construction administrative competent sector approval of qualification, should recommends national or province construction administrative competent sector law reduced qualification grade or revoked qualification.
The fourth chapter legal liability
18th applicant violation of these rules to hide relevant information or provides false information to apply for qualification of construction enterprises, municipal construction Administrative Department shall not accept or not an administrative license, and give a warning, the applicant may not apply again for a construction Enterprise qualification within 1 year.
19th article applicants violation this approach provides to cheat, and bribery, not due means made construction Enterprise qualification certificate of, by city construction administrative competent sector sentenced 10,000 yuan above 20,000 yuan following fine, belongs to this sector approval of qualification, law be revoked, recovered qualification certificate, applicants 3 years shall not again application construction Enterprise qualification; belongs to national or province construction administrative competent sector approval of qualification, should to national or province construction administrative competent sector proposed revoked qualification recommends.
20th construction enterprise to the circumstances as provided in article eighth, city and County (City) construction administrative departments shall, in accordance with national, provincial and municipal laws, rules and regulations of administrative penalty shall be imposed; not provided for by the laws, rules and regulations, you can give a warning as provided herein shall be ordered to correct, and to a fine of up to 10,000 yuan and 30,000 yuan.
21st construction enterprises in violation of the rules, certificate change of registered particulars fails to handle formalities for change of qualification certificate of registered items, handled by the municipal construction Administrative Department ordered; fails to handle, can be fined a maximum of up to 1000 Yuan and 10,000 yuan.
22nd construction enterprises in violation of the rules, not to the city construction Enterprise qualification management institutions in establishing business credit archives, receive credit Handbook by the municipal construction Administrative Department to give warning, rectification; fails to correct, punishable by less than 1000 Yuan and 10,000 yuan fine.
Credit evaluation of construction enterprises not qualified for two consecutive years, municipal construction Administrative Department shall recover credit manual does not have the appropriate qualifications, qualifications for belonging to the Department for approval, be reduced or revoked by law; building belonging to the State or province qualifications for approval by the Administrative Department shall be made to the country, provincial administrative departments to reduce or cancel qualification proposals.
23rd of municipal or County (City) construction administrative departments and their staff, one of the following circumstances, by a higher administrative authority or supervisory organ shall order rectification are serious, immediate supervisor in charge and other direct liable persons shall be given administrative sanctions:
(A) to qualified applicants in accordance with the provisions to grant construction Enterprise qualification of licensing decisions;
(B) an applicant who does not meet the requirements to grant construction Enterprise qualification of licensing decisions;
(C) used his position to accept others ' property or other benefits;
(D) used his position to interfere with companies engaged in the normal production and operation activities in accordance with law;
(V) did not carry out its oversight responsibilities to the dire consequences of the construction.
The fifth chapter by-laws 24th article this way come into force July 1, 2011.
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