Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346630.shtml
Qingdao construction management approach
(November 23, 2010, Qingdao consideration at the 14th session of the people's Government of the 16th Executive meeting on December 3, 2010, Qingdao City people's Government announced order No. 209 come into force February 1, 2011) Chapter I General provisions
First in order to strengthen the management of construction projects, regulate the order of the construction market, ensure the quality and safety of construction work, guarantee construction management legitimate rights and interests of the parties involved, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.
Article within the administrative area of the city construction project contract awarding and contracting, contracts with cost, quality and safety management and supervision, these measures shall apply.
Construction work in these measures refers to the construction of various types of housing and ancillary facilities project and associated wiring, plumbing and equipment installation works. Third municipal construction Administrative Department is responsible for the unified management of construction in the city.
District (municipal) construction Administrative Department in accordance with its functions and powers, is responsible for the supervision and management of construction works within their respective jurisdictions.
Business, safety, human resources and social security, quality, price and other departments should be in accordance with the responsibility, construction supervision and management of the business activities.
Article fourth building management activities should be carried out and follow the principles of good faith and equal competition, and must not harm national interests, public interests and the legitimate rights and interests of citizens.
Chapter II qualifications and qualifications
Article fifth investigation, design, construction, supervision and tendering Agency, cost consultancy, engineering test units of such business activities shall obtain the relevant qualification certificates.
Sixth survey, design, construction, supervision and tendering Agency, cost consultancy, engineering testing building operations staff shall obtain the appropriate certificate of qualification or job. Seventh field investigation, design, construction, supervision and tendering Agency, consulting, engineering and construction operating activities unit (hereinafter referred to as foreign) before entering the engaged in construction operations in this city, should the municipal construction administrative departments for credit registration procedures.
Registration information changes, you should go through the procedures of alteration within seven working days.
Construction administrative departments should periodically check on the registration of the credit situation, achieve dynamic management.
The out-contracting units when using foreign enterprises engaging in construction activities, you should use the registration procedures for credit businesses.
Article eighth engaged in construction operations units and individuals should be engaged in business activities in accordance with the provisions of the certificate of qualification range, or forge, alter, lend, transfer of certificate of qualification certificate, certificate or post.
Chapter III contract awarding and Contracting Nineth construction general contract of construction projects subject to System.
Construction units shall in accordance with the employer's prohibiting the contracting or direct contracting works to the construction services company.
Implementation of construction projects, construction units in engineering construction activities under Agent agreement in carrying out their mandates. Tenth of all State-owned funds, State-owned capital construction projects of the holding or leading position, as well as the construction of affordable housing projects, shall disclose the bidding.
Except as otherwise provided by laws, rules and regulations.
11th projects subject to public tender, the bidder shall, within the time prescribed in the bidding documents, according to the bid price 2% pay the bid, but not more than 800,000 yuan.
Public bidding for projects, Evaluation Committee members should all be from the province of experts set up by the Administrative Department library randomly.
12th a tenderer, bidders and bidding agencies should follow the principle of good faith, prohibition of false bids, bid-rigging and other acts.
13th article in the bidding process, bidders and interested parties of objections to the bid, writing should be publicized prior to the expiration of the tenderer, the Tenderer shall be promptly disposed of. 14th construction General Contracting, specialty contracting enterprises subcontracting should be contracted to an enterprise with appropriate building subcontractor qualification.
Labor service enterprise shall, within the scope of their qualification independently undertake service jobs may not subcontract.
15th construction enterprises shall establish and perfect the labor system, full implementation of the labor contract management and management of real-name system, in accordance with the provisions of the labor and employment online registration, workers salaries in accordance with law.
Units shall in the construction contract of construction Enterprise worker salaries in time and supervise its implementation. Article 16th worker payroll deposit system. Monitored the construction enterprises shall set up workers ' wages to pay security deposit accounts, deposit funds to pay workers ' wages.
Pay deposit and the specific measures formulated by the municipal construction Administrative Department. 17th construction company recovery of arrears shall be used in arrears of the payment of workers ' wages.
Because the employer does not in accordance with the contract and settlement of project contractor, contractor workers wages, the employer shall advance, total wage arrears paid engineering limited.
The out-contracting units engineering subcontractors do not have the appropriate certificate of units or individuals, resulting in workers ' wages in arrears, the employer shall supervise the liquidation; becomes insolvent, the employer shall be responsible for repayment.
Article 18th when labour disputes occur, construction enterprises should take the initiative to consult with workers settlement construction, the engineer should participate in the mediation; mediation fails, the parties may apply to the labor arbitration arbitration according to law.
Fourth chapter contracts and cost
19th in building operations, contract signed, contract, mediation between parties should be according to the contract, and use the Unified contract demonstration text. 20th construction units shall not be contrary to the general contractor contract, sub-contractor, subcontracting by Mgr.
Major subcontract shall be set out in the general contract.
21st construction units should be a single project construction cost consulting business, a one-time delegate to a consulting business, shall not be dismembered to sign the contract. 22nd construction cost consulting enterprises should be implementing national, provincial, city, publishing rules and evaluation method of valuation, in accordance with the provisions issued by the outcome document of the project cost.
These rules shall be made public bidding for projects, preparation of bidding control, preparation of settlement, audit settlement error shall not exceed 3%. 23rd bid to control prices should be capable of preparing by the tenderer or commissioned by them with the corresponding qualification of engineering cost consulting enterprises to prepare.
Tender Tenderer shall be controlled prices and related information submitted to the competent construction Department for registration.
Article 24th of project completion final estimate shall be prepared, contracted or commissioned by them a qualified engineering cost consulting enterprises establishment, audit.
The out-contracting units shall, upon acceptance of the works will be completed within the 15th settled the newspaper sent construction Administrative Department to register, statement completion as a completion inspection record-keeping, delivery of necessary documents.
Completion of the same projects completion settlement check, send, contractor confirmed after prohibiting contract awarding units and contractors with one or more duplicate check settlement of engineering cost consulting enterprises.
Quality and safety of the fifth chapter
25th construction business parties should implement existing national, industry, engineering and construction standards, the implementation of standardization management of construction.
Article 26th during the construction, building, construction, supervision and other members of the project management Institute should be in accordance with the contract or the winning bidder's commitment to gang in place, may not be altered, and the absence of.
27th construction administrative departments discovered construction materials, semi-finished products, components, equipment, engineering entity quality problems exist, shall order the responsible units commissioned body with appropriate qualifications to carry out inspection.
28th the construction unit shall have overall responsibility for project quality management:
(A) is responsible for involving engineering construction compulsory standard and safety of construction drawing design documents for changes to the original construction drawing review body;
(B) is responsible for the delegate to the qualification of a qualified testing agency to deep Foundation pit, composite foundations, piles, steel, structural engineering, equipment installation, building energy efficiency, indoor environmental sampling detection, intelligent building construction quality;
(C) organize counterparts on acceptance of construction phases in the process;
(D) the organization responsible for the structural safety or important defects of engineering is carried out;
(V) is responsible for handling complaints concerning construction quality, in accordance with the provisions of the warranty liability.
Article 29th construction, survey, design, construction, supervision and other units should participate in the engineering quality and acceptance, participation in project quality accident and quality complaint handling.
Article 30th building, construction units concerned should purchase, use with product quality certificate, the State provides the corresponding administrative permits and certification certificate inspection report and related construction materials, semi-finished products, components, and equipment, testing by Convention.
31st to develop foreign sales of commodity housing, real estate unit should handle quality control prior to registration, in accordance with the provisions of the relevant quality assurance procedures.
Article 32nd involving foundations or quality defects of the main structure of the engineering dispute, disputes the Parties shall entrust a qualified qualified engineering quality inspection institutions to conduct testing, costs borne by the responsible party.
Article 33rd out-contracting units shall project to construction enterprises with valid safety production license. ?
Without safety production license or safety licenses beyond the validity period of construction enterprises shall engage in construction activities.
Article 34th employer shall, together with the construction of security supervision procedures, regular supervision, construction and other related units on the construction site inspections, safety risks exist organization rectification.
35th construction units shall establish and improve work safety security system, regularly carry out self-examination and the safety conditions, must not reduce safety conditions.
Article 36th performed on the construction supervising units shall work safety laws, regulations and standards, specification and implementation of responsibility system for production safety, construction safety measures for supervision.
Supervision unit in construction units without safety production license or safety licenses beyond the expiry date, construction units should be required to immediately shut down the rectification, and promptly report to the competent construction department.
37th construction rental used construction lifting machinery, rental flats should be confirmed by industry organizations sign a leasing contract and specify security responsibilities of both parties.
The sixth chapter the supervision and inspection
38th of municipal construction administrative departments should establish the city's unification of enterprises in China and the credit management system of building business subjects implementing credit assessment, the assessment results as market access, management of tendering and bidding qualification qualification reference.
39th construction administrative departments shall establish a unified management of construction project bidding system in the city, and exercise supervision over construction project tendering and bidding activities.
40th construction administrative departments shall establish and improve construction employee training, examination and management system on employees ' periodic checks of the qualification certificate, certificate of post, regulate practitioners certified behavior.
41st construction administrative departments should strengthen the supervision and management of construction safety, implementation of safety conditions of supervision.
42nd construction administrative departments shall establish a complaints system, handling reports and complaints of violations of construction management in a timely manner.
Article 43rd construction administrative departments shall establish and improve law enforcement and inspection systems, investigate and punish violations in the construction and operation.
44th business, safety, human resources and social security, quality supervision, civil air defense departments shall, in accordance with responsibilities, strengthen the supervision and management of building business activities subjects.
The seventh chapter legal liability
Article 45th tender, bidders, interested parties of any of the following acts, the construction Administrative Department shall order rectification, given a warning and a fine of between 10,000 yuan and 30,000 Yuan:
(A) failure to strictly implement the bidding system of engineering general contract;
(B) failing to receive a bid bond or formation of the bid evaluation Committee;
(C) the tenderer is not timely and properly respond to and handle the bid protest or complaints, resulting in adverse effects.
Article 46th bidders submitted false information during the bidding process, cancel the tendering for the construction Administrative Department shall order rectification, given a warning and a fine of between 10,000 yuan and 30,000 yuan.
Bidder collusion in the bidding process of tendering or bid-rigging with the tenderer, by construction Administrative Department of the relevant responsible unit fines of between 10,000 yuan and 30,000 yuan, directly responsible for unit managers and other persons directly responsible for fines of between 5,000 yuan and 10,000 yuan.
Bidder in obtaining the bid's, according to the People's Republic of China tendering and relevant provisions of the law will be punished.
47th building business activities one of the subjects in any of the following acts, the construction Administrative Department shall order rectification, given a warning and a fine of between 10,000 yuan and 30,000 Yuan:
(A) no relevant practice or qualifications personnel engaged in construction activities;
(B) foreign enterprises engaging in construction activities is not in accordance with the provisions of the credit register, using deception for credit registration process fails to complete the formalities for change of registration information or credit;
(C) used without registration procedures for credit of foreign enterprises engaging in construction activities;
(D) the labor service company outside the scope of the qualification to undertake the project or undertaking further subcontracting subcontracting engineering;
(E) failing to establish a sound employment system;
(F) end of workers pursuant to the provisions of the real-name system management;
(VII) the out-contracting units Contracting unit caused by arrears owed workers wages.
48th article-building, construction, supervision of construction cost, in violation of this article 19th, 23rd and 36th of the second paragraph, the construction Administrative Department shall order rectification, given a warning and a fine of 10,000 yuan.
49th article-building, construction, supervision of construction cost, in violation of this article 20th, 21st, 22nd, 24th, 33rd and 34th in the first paragraph article, by construction Administrative Department ordered corrective action and given a warning and a fine of 30,000 yuan.
50th article construction, survey, design, construction, supervision and other units in violation of the article 25th, 26th, 28th, 29th, 35th, 37th article, by construction Administrative Department ordered corrective action and given a warning and a fine of between 10,000 yuan and 30,000 yuan.
51st dereliction of duty, abuse of administrative organs and their staff, who, by their work units or by the competent authorities shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
52nd article violates these rules, laws, regulations, administrative provisions, from its provisions for damage caused, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.
The eighth chapter by-laws 53rd these measures come into force on February 1, 2011.
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