Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257669.shtml
Hainan Province construction project cost management
(April 6, 2010 fifth 47th Executive session to consider the people's Government of Hainan Province on April 25, 2010, Hainan Provincial people's Government promulgated as of June 1, 2010, order No. 228) Chapter I General provisions
First in order to strengthen the management of construction cost, construction project cost pricing, rational determination and effective control of the project cost, maintenance projects the legitimate rights and interests of the parties, prevent the loss of State assets, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
The second investment in State-owned funds within the administrative area of the province or the Government and the valuation of construction project cost management in State-owned enterprises and institutions financing these measures shall apply.
Other than those provided for in the preceding paragraph construction project cost management in the light of the application of this approach.
Transportation, water conservancy, petrochemical and other professional engineering cost management, application of national provisions on professional project management and can refer to the relevant provisions prevail.
Third provincial administrative departments in charge of construction cost management of construction projects in the province, preparation of construction engineering valuation basis, supervision and inspection of both the national and provincial construction pricing is based on the implementation of specific work by the bodies responsible for the implementation of project cost management.
Cities, counties, autonomous administrative authorities responsible for the administration of construction project cost management, supervision and inspection of construction engineering valuation basis of national and provincial implementation.
Development and reform, auditing, finance, price and other administrative departments, in accordance with their respective responsibilities, to cost management of construction project related work.
Article fourth construction projects shall strictly implement infrastructure programs, not allowed to simplify without provincial approval and in accordance with these procedures and relevant regulations of the State, all aspects of the pricing activities of the project.
Article fifth construction cost mentioned in these measures refers to construction projects from planning to completion before acceptance of delivery using the full cost of, including the following:
(A) construction and installation cost, direct cost, including construction and installation engineering construction enterprise management fees and profit management, engineering, planning fees and statutory taxes;
(B) purchase and cost of the equipment, including the standard of construction projects of fixed assets purchased or homemade equipment, tools, equipment costs;
(C) other expenses of engineering construction, including the construction of land use fees, survey and measurement fees, design fees, supervision fees, consulting fees, test fees, costs of bidding, construction management, construction of temporary facilities, engineering, insurance, urban infrastructure supporting fees;
(D) construction reserve funds, including the basic reserve funds reserve funds, and spreads;
(E) construction loans, issuing bonds for the implementation of the construction project, should pay the interest during the construction period;
(Vi) construction project of taxes, administrative fees and Government funds;
(G) States and other expenses of the province, provisions should be included in the project cost.
Construction cost price mentioned in the sixth article of the measures, including preparation and vetting of investment estimation and designing budget and construction budget, quantity, bidding or bidding control, completion settlement and other activities of the outcome document of the project cost.
Article seventh construction engineering valuation basis in these measures, refers to the use of survey statistics and analysis of scientific and rational methods, from the engineering construction of economic and technological and market trading activity can be obtained in the prediction, assessment, measurement of cost parameters, measures, and methods, including the following:
(A) the investment estimate indicators;
(B) the budget fixed, fixed budget, consumption, quotas, quota, quota cost, duration, fixed;
(C) the engineering quantity list valuation standards;
(D) the price of labor, materials and construction machinery;
(V) other relevant valuation basis in national and provincial regulations.
Eighth of provinces engineering cost management under the national construction specifications, standards of construction quality and market price information, prepare and adjust the valuation basis and construction published by the Administrative Department.
Construction project cost management agencies may prepare and publish supplementary valuation basis, supplementary valuation basis and valuation according to the same effect.
Valuation of construction engineering cost valuation basis, shall be in the province.
Nineth province and city, County, autonomous county people's Government shall guarantee the construction project cost management requirements.
Article tenth within the jurisdiction of the province or sale of construction pricing software should be developed according to the valuation basis of the province, and provincial organizations technical review of project cost management of construction.
11th construction engineering cost industry associations shall strengthen self-discipline, services and coordinating role to play.
Chapter II administration of construction project cost
12th construction project cost management institutions should collect and publish the administrative areas of this province, labor, materials, construction machinery market price and cost indices, material price trends and cost information for all types of construction engineering pricing reference.
13th State-owned funds invested or the Government and State-owned enterprises, finance and construction projects to tender according to law, shall adopt the valuation based on engineering quantity list and in front of the preparation of the Bill of quantities, in strict accordance with the design documentation and review.
Construction projects can not tender according to law, the construction unit and construction unit under the province of the relevant valuation basis consultative contract price is ascertained.
14th construction unit has more than 3 registered cost engineers and professional support, to the province after construction administrative departments to determine their own preparation and audit of the construction project cost outcome; other units shall entrust a qualified engineering cost consulting enterprises prepare and the outcome documents of the construction project cost audit.
15th construction project investment estimation should be based on the investment estimate indexes construction price changes over the period, investment estimation approaches as well as factors such as system.
16th construction project design estimate should be based on the preliminary design budgetary estimate quota price Foundation as well as the effect of price changes and other factors, such as preparation and completed the preliminary design stage. Construction project of design estimates for construction projects shall be subject to approval of the investment Department.
Design estimates, once approved, are not free to break; adjustment beyond national and provincial regulations percentage or amount, should be approved by the original approval authority and strengthen audit and supervision.
17th construction drawing budget should be based on the construction drawing design documents and construction organization design and valuation basis of preparation. 18th construction project bidding or bid to control prices, based on bidding documents, construction, valuation should be based on.
Control of construction project bid to control prices, as the tenderer bidding price ceilings, and shall not exceed the fixed pricing model to calculate the project cost.
Tender control after the price should be signed and stamped by registered cost engineers, as part of the tender documents.
19th construction project costs the following costs shall not be itemized as in competitive bidding fee:
(A) social security costs;
(B) safety liability insurance and accident insurance;
(C) the Housing Fund;
(D) the works of the sewage charges;
(E) the construction of safety protection, civilization and environmental protection measures;
(F) other costs specified in national and provincial.
20th of adjustments to the project cost in construction engineering visa should have construction and construction company representatives from both sides signed for and supervision of supervision engineer or cost engineers. Article 21st project completion reports prepared by the contractor. Construction units should be in accordance with the contract terms, to submit to the employer a complete settlement file.
15th construction unit within the specified period, submitted the settlement documents, the construction unit not as calculated on the basis of the construction cost.
Construction unit to submit settlement files typically include: settlement reports, construction contracts, the supplemental agreement, tender documents, tender, bid notices, summary of the construction documents, as-built design, drawing, construction organization design, notifications of acceptance of concealed work record, design changes, work visa.
22nd units received construction unit after full settlement documents submitted shall be in accordance with the contract deadline of completion settlement audit.
Construction and construction units was not prescribed timelines for completion settlement audit of construction units shall from the date of full settlement documents before, according to the following time frame to complete the audit:
(A) projects of less than 5 million Yuan, 20 working days;
(B) the projects of less than 5 million Yuan and 20 million Yuan, and 30 working days;
(C) projects of less than 20 million Yuan and 50 million Yuan, 45 business days;
(D) projects of less than 50 million Yuan and 100 million Yuan, and 60 working days;
(E) the project of more than 100 million Yuan, 90 working days.
Units within the specified time limit or deadline 15th of the preceding paragraph, unfinished final accounting check, as a recognised construction unit to submit completed settlement.
23rd construction units should be agreed with relevant authorities on the following matters shall bear the liability for specific claims:
(A) the design unit design documents contain design errors or leakage caused by their own design;
(B) the construction unit to prepare settlement overestimated the risk of calculation or a major error;
(C) the engineering cost consulting enterprises in the audit of completion settlement was not found to overestimate risk calculation or a major error.
24th shall conduct the audit or financial review of construction projects shall be implemented in accordance with national and provincial audit or review, and audit supervision and financial supervision.
25th the construction unit shall upon completion of the construction projects completion settlement in the 20th, according to the city construction management permissions, counties, autonomous counties construction administrative department or his or her delegate's unit for the record, the State commissioned a provincial projects and provincial project cost management project submitted to the provincial institution for the record.
Record information shall be submitted including: construction permits, completion of accounts, cost engineers and cost Member certificates and other information shall be submitted.
Article 26th filing office shall within 10 working days from the date of receipt of the record information, complete recording review.
Recording review includes:
(A) the construction costs involved in implementation of the provisions of the contract;
(B) the settlement is agreed upon or established procedures for the preparation and review;
(C) unit of the outcome document of the project cost, auditing and compliance personnel qualifications, qualifications.
Following a review in accordance with the relevant provisions of the document and proof of filing; not in conformity with the relevant provisions, obliges the parties to rectify, fails to correct no record.
27th building units and construction units for construction of controversial pricing activities, can contribute to the project cost management agency for mediation in writing. Engineering cost management institution shall, from the date of accepting an application for mediation mediation in the 30th. Reached an agreement through mediation, construction cost management should mediation.
Written mediation to the parties after the entry into force, the Parties shall conscientiously perform the mediation agreement.
Mediation period expired without agreement or mediation agreement after the entry into force of any party's failure to perform the mediation agreement, construction cost management agency mediation. 28th construction project cost management of construction administrative departments and institutions should supervise and inspect construction cost valuation activities, for correct handling of problems found.
The units under inspection shall cooperate with and provide the information requested.
Chapter practice of construction project cost management
Article 29th of engineering cost consulting enterprises shall have the appropriate qualifications and qualification in engineering cost consultation activities within the approved range.
Persons engaged in construction cost consulting activities should have cost cost engineer qualification or qualification, and can only be registered in one unit.
30th engineering cost consulting enterprises may not have the following behavior:
(A) engaged in consulting activities beyond the scope of certificate approved;
(B) the transfer of undertaking the engineering cost consulting business;
(C) allow other units engaged in consulting activities in the name of the entity, or in the name of other units engaged in consulting activities;
(D) for both bidding for the same project preparation of the outcome document of the project cost;
(E) for the same project of two or two or more bidders to prepare the tender offer;
(Vi) for the units after the completion of construction, and completion of project engaged to audit the same settlement;
(G) preparation, auditing, fraud, seeking improper interests in the outcome documents of the construction cost;
(VIII) other behaviors prohibited by laws, rules and regulations.
31st engineering cost consulting enterprises to undertake business should conclude written contracts with the Commission, to undertake registration of projects, in accordance with the provisions issued by the objectivity, impartiality outcome of project cost, and accept the construction administrative departments and their construction cost supervision and examination of the regulatory body. 32nd project cost registered cost engineer is responsible for the preparation of the outcome document signed and sealed by the construction administrative departments practice produced by dedicated chapter and unit seal.
Preparation of units and is responsible for the preparation of registered cost engineers liable for the preparation of the outcome document of the project cost.
33rd building management of engineering cost consulting services to implement Government-guided prices, price, specific rates by province, formulated by the competent authorities and the construction sector.
Article 34th construction administrative departments shall establish a construction cost consulting enterprises and professional cost credit files, and to the public in accordance with the relevant provisions.
Cost of construction engineering cost consulting enterprises and professionals should be in accordance with relevant regulations, provide true, accurate and complete credit file information.
Construction of engineering cost consulting enterprises and professionals was to investigate and punish for violation cost should be recorded as bad records of their credit file.
The fourth chapter legal liability
35th construction, construction company, construction cost consulting enterprises and other related units, any of the following circumstances, be punished and dealt with according to law, and hold liability managers directly responsible and other persons directly responsible for agents of the State, in accordance with the relevant provisions of administrative sanctions or be accountable constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) in violation of this article 16th paragraph, without changing the content, expand the scale of development, improve construction standards, which cost more than the approved design estimates for construction projects;
(B) these measures are not in accordance with the provisions of the valuation of construction engineering cost, resulting in the loss of State assets or losses;
(C) intentionally or due to gross negligence resulting in cost outcome document error occurs, resulting in the loss of State assets or losses;
(D) violation of these measures article 23rd, the signing of the contract, failure to comply with obligations, resulting in the loss of State assets or losses;
(V) does not strictly enforce capital procedure or in the preparation of Bill of quantities before failing to complete design documents preparation and review, resulting in the loss of State assets or losses.
Construction cost consulting enterprises in violation of the 36th article 30th the third, sixth, and seventh regulations, given warning by construction Administrative Department shall be ordered to correct, and to a fine of up to 10,000 yuan and 30,000 yuan.
Construction cost consulting enterprises in violation of the first paragraph of article 29th, 30th first, second, fourth, and fifth set, in accordance with the relevant regulations of the State shall be punished.
37th construction Administrative Department and related departments, staff of agencies of construction project cost management in construction engineering cost supervision and control, abuse of authority, dereliction of duty, favoritism, corruption and bribery, by appointment and removal or the supervisory organs shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The fifth chapter by-laws
38th the concrete application of these measures, by the provincial administrative department is responsible for the interpretation of the building. 39th these measures shall come into force on June 1, 2010.
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