Shenyang Market Access And Violations Of Building Regulations

Original Language Title: 沈阳市建设市场准入与违规处理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264164.shtml

Shenyang market access and violations of building regulations

    (June 9, 2010, Shenyang city people's Government at the 38th Executive meeting on June 21, 2010, Shenyang city people's Government promulgated as of July 1, 2010, 16th) first in order to regulate the market order, and guarantee the construction quality and safety, in accordance with the People's Republic of China building law and the People's Republic of China bidding provisions of the Act and other laws and regulations, combined with the city's actual, these provisions are formulated.

    Article in within the administrative area of the city construction market access violation handling, these provisions shall apply.

    Article-building market and its violation should follow open, fair and impartial principle.

    Fourth of municipal construction Administrative Department is the construction market and violation processing Department.

    District and County (City) construction administrative departments shall, in accordance with the Division of responsibilities, market access and violations of building work.

    Development and reform, monitoring, planning, construction, finance and land and resources, water resources, transportation, environmental protection, industry and commerce, safety supervision, city administration and other departments shall, in accordance with their respective responsibilities, to market access and violations of building work.

    Article fifth engaged in construction activities of investigation, design, construction, supervision, cost consultancy, units must be made after the relevant qualification such as tender agent, parties may, within the limits of construction related activities.

    Sixth enterprises engaging in construction activities shall have the following conditions:

    (A) is engaged in the construction business license;

    (B) the qualification certificate for construction with the appropriate level of qualification;

    (C) meet the construction requirements of personnel, equipment, funds, credit and other aspects of evaluation and certification;

    (D) the construction enterprise safety production license and the filing procedures;

    (E) the extended enterprise with Shen-archival materials;

    (Vi) other conditions stipulated by laws, rules and regulations.

    The seventh professional technicians engaged in construction activities shall have a corresponding qualification certificate, by the registration requirement, without obtaining the certificate of qualification or has not been registered in accordance with the regulations and shall not engage in construction activities.

    The eighth tendering for construction project should be implemented according to law, after obtaining the construction permit in accordance with State regulations, before they can start construction.

    Nineth building construction market in violation of legal and natural persons filing system of legal and natural persons following illegal circumstances, ascertained to establish its illegal files:

    (A) the construction activities, legal and natural persons through improper means to contract projects, constitute a crime;

    (B) practitioners in project construction activities, not enforcement of relevant laws, regulations, rules and engineering construction compulsory standard, resulting in larger engineering quality accidents, be held criminally responsible, or were ordered to stop practising, practising certificates were revoked, refuse to register and other administrative penalties;

    (C) the bid-rigging or other bidders with the tenderer, be held criminally liable or subject to cancel bidding for a certain period of administrative penalties;

    (D) to bid in the name of others, or forged certificate of performance, or any other means of deception, defrauding bid has been held criminally liable or be canceled bidding for a certain period of administrative penalties;

    (E) investigation, design, construction, supervision and tendering agent was not in accordance with the law, regulation and engineering construction compulsory standard inspection, design, construction, supervision and tendering agent activity, resulting in larger engineering quality accidents, or were ordered to stop, reduce the level of qualification, revoked the certificate of qualification, suspend or cancel the tender agent, such as administrative penalties;

    (Vi) construction of low price gets bid, not due to reasons of force majeure give up the bid, or not in accordance with the contract with the tenderer to perform the obligation, if the circumstances are serious, has been canceled by bidding for a certain period of administrative penalties;

    (VII) construction engineering quality test certificate error detection or false conclusion, resulting in larger engineering quality accidents, be held criminally responsible, or were ordered to stop, lower qualification levels, revoke certificates and other administrative penalties;

    (H) construction cost consultants in architectural engineering valuation activity intends to raise, push down prices or provide a false report;

    (IX) other illegal activities.

    Tenth construction market to illegal file established by the municipal construction administrative departments and relevant competent administrative departments responsible for specific measures separately. 11th construction market to illegal files released by the municipal construction administrative department or relevant administrative departments in Shenyang construction engineering information online or the relevant administrative departments of engineering information available online to provide the query.

    Legal and natural persons concerned disagrees with the reported illegal files, apply to departments of municipal construction Administrative Department in charge or relevant administrative corrections.

    12th in construction activity, of any of the following serious violations of legal and natural persons, distinguish between different situations, ban the investment of State funds in a certain period of construction projects and related activities:

    (A) legal persons, natural persons and for violations such as improper means to contract projects to achieve criminal responsibility, not to participate in project activities;

    (B) investigation, design, construction, supervision and tendering or other bidders to bid-rigging, bidder to tender or a means of bribing members of the bid Committee seeking the bid, according to varying degrees at 12 months, 18 months and 24 months in three grades, cancel their participation in the bidding of engineering construction;

    (C) surveying, design and construction, the engineer on behalf of the other bids or with forged results, certificates, such as fraud, defrauding bid, according to varying degrees at 12 months, 18 months, 24 months and 36 months in four grades, cancel their participation in the bidding of engineering construction;

    (Iv) surveying, design and construction, the engineer was not in accordance with the laws and regulations, regulation and engineering construction compulsory standard inspection, design, construction, supervision, resulting in larger engineering quality accidents, according to varying degrees at 6 months, 12 months, 18 months, 24 months in four grades, to order the rectification, rectification period of contract construction business;

    (E) the winning bidder failing to fulfil their obligations in the contract entered into with the tenderer, according to varying degrees at 12 months, 24 months, 36 months three grades, cancel their participation in the bidding of engineering construction;

    (Vi) construction project quality detection of inaccurate or false conclusion issued by the testing organization, resulting in larger engineering quality accidents, according to varying degrees at 6 months, 12 months, 18 months, 24 months in four grades, to order the rectification, consolidation may not contract a construction testing services;

    (G) the valuation based on engineering cost consultant institution in construction activity intends to raise, lower prices or provide false reports, according to varying degrees at 12 months, 24 months, two prohibited contract project cost advisory business;

    (H) registered practitioners are not enforcing the law, regulation and engineering construction compulsory standard, resulting in large quality accident, according to varying degrees at 3 months, 6 months, 12 months, 24 months, 36 months five grades, and prohibition of the practice in construction activities;

    (IX) other acts in violation of laws, rules and regulations, in accordance with the relevant provisions. The 13th article of the regulations come into force on July 1, 2010.