Zibo Architecture Market Management Several Provisions

Original Language Title: 淄博市建筑市场管理若干规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(December 22, 2006 Zibo people's Government promulgated as of February 1, 2007, 59th), first for the purpose of strengthening the building of market management, maintaining the order of construction market, ensure market main legitimate, in accordance with the People's Republic of China construction, the construction market in Shandong province Management Ordinance and other laws, regulations, combined with the city's actual, these provisions are formulated.
    Article within the administrative area of the city is engaged in construction activities, as well as supervision and management of construction activities shall abide by these provisions.
    Article city and County construction Administrative Department in accordance with the provisions of classification management, is responsible for the supervision and management of the construction market in the administrative regions.
    Transport, water conservancy and other relevant administrative departments in accordance with the law, regulations duties, professional supervision and management of construction engineering.
    Article fourth units and individuals engaged in construction activities shall obtain a corresponding qualification, qualification and construction activities within the allowable range.
    Construction of fifth construction units shall go through the relevant formalities. The contractor shall not contractors not complying with the legal procedure of construction procedure related to construction projects.
    Contractors involved in the construction are not according to the legal procedure of construction procedure related to construction projects, construction Administrative Department shall order the suspension and withdrawal of the construction site, then no qualification assessment or no qualification for the record.
    Article sixth non-registered construction enterprises in the city to enter the city to participate in bidding or to undertake the project tasks directly, municipal construction administrative departments should be for purposes of qualification for the record.
    Article seventh management, tendering, engineering cost consultation unit shall operate in accordance with law, and follow the standard charge prices approved by the administrative departments of intermediary services.
    Construction cost consultants should adhere to the principle of fair and objective, shall not violate the settlement standard raising or lowering the settlement price.
    Article eighth area of 1000 square meters or total project cost more than 1 million yuan of construction project contracting, contracting activities, should be entered in accordance with law approved the construction project Exchange Center, by way of tendering and bidding.
    Cost more than 300,000 yuan of decoration, steel structure, curtain wall, architectural engineering, should be traded into the construction engineering Trade Center, employer and professional contractor after signing a written contract, the employer shall apply to the construction administrative departments of construction permits.
    Nineth new projects with appropriate qualification of General Contracting enterprise of construction, the employer may not be the main decoration, installation of dismemberment of subcontracting.
    General contractor by the employer agreed or in accordance with the construction contract to conduct professional engineering subcontracting, shall be signed with qualified professional contractor subcontract in writing, and administrative departments.
    Contractor shall not subcontract works, subcontracting company no longer works. Tenth when construction bidding developer, rates of completed projects funded that year (except for the land-use right transfer fee) shall be not less than 50% of total project budget, straddling projects shall not be less than 30% of total project budget, funds should have a bank proof of funds, and set out in the tender documents.
    Funding certificate together with the tender documents for the record. Tender, shall be 2% of the project's total cost to the employer to the designated bank account of construction Administrative Department to pay wage margin, wage margin for specific-use management, in accordance with the relevant provisions of the province.
    The employer shall not be passed on to construction enterprises pay security deposit.
    11th article contained in the tender document required bidders to pay the bid or provide guarantees, tender people tender of construction, shall submit to the employer the total project budget 1% to 2%, but the highest bid or tender guarantee of not more than 300,000 yuan. 12th contracting construction contract signed by both parties, the employer should provide payment guarantee to the contractor, the contractor shall provide the employer with contract performance security guarantee.
    Specific guarantees lines according to following standard implementation: (a) engineering total cost 50 million Yuan above of project, engineering paragraph paid guarantee guarantees of amount shall not below 10 million Yuan; performance guarantee guarantees amount shall not below 1 million Yuan; (ii) engineering total cost 50 million Yuan following of project, engineering paragraph paid guarantee guarantees of amount shall not below contract price of 20%, performance guarantee guarantees amount shall not below 300,000 yuan;
    Not complying with the provisions of the preceding paragraph provide the guarantee for the payment of the construction works as a construction fund is not in place, construction administrative departments shall not handle licensing procedures.
    13th payment guarantee expires or guarantee within 10th of the amount actually paid, the employer shall provide the contractor shall resubmit the payment guarantee; fails to submit a payment guarantee or submit a payment guarantee provisions guarantee amount is lower than the 12th article, the contractor has the right to stop the construction.
    When 14th dianzi construction contractor commitments, should be specified in the construction contract underwritten guarantees provided by the employer to the contractor.
    Prohibition of government investment project by the contractor owned contractor or dianzi construction.
    15th construction project quality and competitive price, construction excellence engineering approach of fare increases may be agreed upon in the contract. 16th building engineering quantity list valuation method.
    Using State funds or State-owned investment funds of large and medium construction projects bidding, construction engineering quantity list valuation methods should be performed.
    17th construction contract should use standard text, and agreed in the contract and settlement construction, safety in the operating environment and safety measures, security, settlement submission and completion settlement audit terms and so on. Construction contract signed, shall be submitted to the competent construction Department will contract in time for the record.
    Major changes during the performance of the contract shall be filed in a timely manner.
    Contracting Parties may not conclude pressure levels, prices, bids, change the method of payment, such as a serious departure from the construction contract have the record the substance of the agreement.
    18th developer, contractor, supervisor representative accredited to the construction site to perform construction contract, is responsible for the implementation of construction contract for a visa, and provide the appropriate authorisation.
    Article 19th during the construction process, engineering changes or the employer to provide building material effects, delayed equipment supply-led operations, as well as project delays caused by the time delay for the payment, the employer shall provide visas be extended duration, should be compensation for damage caused to the contractor.
    Article 20th construction contract due to design changes and other reasons, need to increase or decrease quantities shall be identified by the visa, the price increase should be synchronized with the progress payment disbursed on schedule. 21st article contractor completed of engineering construction volume price over has allocated of engineering progress paragraph, but yet beyond employer people submitted of engineering paragraph paid guarantee guarantees amount Shi, contractor can timely to employer people issued requirements payment of notification; employer people received contractor requirements payment of notification Hou, still cannot by requirements payment, can and contractor consultations signed extension payment agreement, agreed payment time, over above agreed time, contractor can to employer people issued payment urged told
    ; The employer received notice of payment cannot be allocated project funds in the 3rd, the contractor can issue suspension notice to the employer; the employer receive shutdown notification cannot be allocated project funds in the 7th, the contractor may stop working, resulting in losses borne by the employer. Upon suspension of the works, the contractor shall promptly submit to the employer's report of projects completed. Within 14 days after receipt of the report to the employer verification of projects completed and verified 1 day prior notice to the contractor, the contractor shall provide the conditions and send people to participate in the verification, did not participate in the verification after the notification is received by the contractor, employer verification of quantities basis for price paid.
    The employer does not notify the contractor according to the agreed time, failed to participate in the verification of the contractor to verify the results. The employer within 14 days after receiving the contractor's report without verifying work, from the 15th day, the contractor shall report quantities shall be deemed to be confirmed, as a basis for price paid.
    Otherwise agreed by the parties, according to the contract.
    The employer does not receive a completed project reports submitted by the contractor, contractor can delegate the project cost consulting unit to audit, audit conclusions as a basis for paragraph requires the employer to pay to the contractor the project.
    After completion of the 22nd, and the developer, contractor shall, in accordance with the contract price and timely project completion final estimate.
    The contractor shall submit to the employer within the term specified in the contract project completion settlement file, and within 1 month, project cost management, to register. Employer receives the contractor submit settlement files as well as complete information shall be verified within the statutory time limit, confirmations, according to confirm completion settlement documents to the employer to pay the contractor projects completion settlement price.
    Employer is not verifying completion settlement file within the statutory time limit is deemed authorized settlement documents submitted by the contractor to the employer, the employer shall, according to the settlement document price is settled with the contractor.
    Employer does not receive the contractor submit settlement files, verifying contractor can delegate the project cost consulting unit, audit conclusions as a basis for paragraph requires the employer to pay to the contractor the project.
    Article 23rd construction engineering completion approval, issued by the employer shall be provided by the contractor in accordance with the contract payment proof, proof is not provided, filing authority not the record.
    Without a record project, no registration is indeed real estate administrative departments. Article 24th after the acceptance of construction works, the contractor completed record-keeping certification recommendation made to the guarantee agency terminated the performance security guarantee.
    Issued by the contractor to the employer of the employer has to pay the contract settlement (warranty thereof) shows that recommendation made to the guarantee agency terminated payment guarantee.
    25th developer in full and on time should be allocated to the contractor safety working environment and safety measures. Contractor safety working environment may not be cost competitive and safe construction measures fees shall not be diverted to any other use.

    26th establishes labor relationship between contractors and workers must sign a written labor contracts, and to the local labor and Social Security Department.
    The contractor shall be paid in the currency monthly wage shall not be deducted or arrears.
    27th the contractor shall pay social insurance fees.
    The employer shall pay the pension benefits of construction enterprises, construction is imposed by the pension protection fund, use and management in accordance with the province's pension protection fund management regulations, the contractor may not be appropriate or divert, any unit or individual is allowed to relief.
    28th construction services business and professional contract enterprises shall pay the tax to the tax authority, general contractor has been withholding payment of construction services enterprise and professional contractor-related taxes, construction services business and professional contractor should provide general contractor withholding tax payment receipt according to law, after investigation and verification by the tax authority, the tax authority for the corresponding tax links no longer taxed. 29th construction administrative departments shall establish a building market practitioners and credit file, credit ratings.
    Credit files include copper performance, safety, payment, payment of salaries, and more.
    30th article violates these provisions, laws and regulations with clear penalties, from its provisions.
    31st article violates these provisions, does not enter the construction engineering Trade Center trade, the construction Administrative Department shall order rectification, of 5,000 yuan fine.
    32nd in violation of this provision, the employer of the contractor to pass on wage margin, by construction Administrative Department ordered corrective action and transfer amount 1 time penalty, but shall not exceed a maximum 30,000 yuan.
    Article 33rd in violation of these provisions, the employer is not required to provide payment guarantee, the contractor fails to provide required contract performance security guarantees, the construction Administrative Department shall order rectification, of 20,000 yuan fine.
    34th article violation this provides, not by provides paid wage of, according to following provides processing: (a) for employer people arrears engineering paragraph caused wage arrears of, by construction administrative competent sector ordered stop construction, employer people paid meet engineering paragraph Hou, party can recovery construction; (ii) for contractor arrears wage of, by labor guarantees sector with construction administrative competent sector ordered deadline paid, late not paid of, at 10,000 yuan fine.
    35th in violation of this provision, contractor bids when safety working environment and safety measures as the cost of competitive, by construction Administrative Department ordered corrective action and fine of 5,000 yuan.
    36th article violation this provides, employer people not by provides paid building enterprise pension guarantees gold of, by construction administrative competent sector ordered deadline fill make, late not make of, from late of day up, by day added received 2 ‰ of late fees; contractor crowding out, and misappropriated building enterprise pension guarantees gold of, by construction administrative competent sector ordered corrected, at crowding out and misappropriated amount 20% of fine.
    37th article construction administrative competent sector and staff has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) on meet conditions and not license, and record or on not meet conditions give license, and record of; (ii) using terms illegal received, and obtained, and disguised obtained property of; (three) on violation this provides of behavior not law investigation of; (four) other engages in, and abuse, and negligence behavior of.
    Article 38th Executive violation of their legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit. 39th article of the regulations come into force on February 1, 2007.
                                            Of the interim measures for the management of construction enterprises in Zibo City (Zibo Government issued [1993]15) repealed simultaneously.