Administrative Measures For The Construction Market In Suzhou

Original Language Title: 苏州市建筑市场管理办法

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(December 13, 2005 Suzhou municipal people's Government at the 51st Executive meeting on December 30, 2005 the Suzhou municipal Government promulgated as of March 1, 2006, 90th) Chapter I General provisions article in order to standardize the order of construction market, protect the legitimate rights and interests of construction market participants, strengthening the supervision and management of the construction market, according to the relevant laws, rules and regulations of the State, combined with the city's actual, these measures are formulated.
    Second construction market in these measures refers to engage in civil engineering, building engineering, municipal infrastructure projects, wires, pipelines and equipment installation and decoration engineering construction activities such as parties, survey, design, construction, supervision, materials and associated businesses such as equipment purchase contract, Contracting, and intermediary services such as transactions and site.
    Article engaged in market activities in the administrative area of the city, the implementation of construction market supervision and management, should comply with these measures.
    Transportation, water conservancy, electric power, telecommunications and other major construction projects, laws, rules and regulations on the supervision and management otherwise provides, from its provisions. Fourth of municipal construction Administrative Department is responsible for the unified supervision and management of the construction market in the city.
    City construction Administrative Department is responsible for the supervision and management of the construction market within their respective jurisdictions.
    Suzhou Industrial Park, Suzhou New District, wuzhong district and xiangcheng district construction administrative departments, in accordance with its rights and responsibilities, supervision and management of the construction market in their area.
    Development and reform, finance, business administration, auditing, labour and social security and taxation Department in accordance with their respective responsibilities, do the construction market supervision related to work. Article fifth building market management should follow the principles of a unified, open and orderly.
    Construction activities shall comply with the principles of openness, impartiality, fairness and honesty, from regional, sectoral and industry of illegal restrictions and exclusion.
    Chapter II projects, Contracting and administration of construction permits the sixth building project General Contracting and construction project management.
    Construction construction project surveying, design and construction, and important purchase all materials and related equipment to the employer for a total contract or construction project investigation, design, construction, materials and related equipment purchase contract.
    Project owner can delegate the appropriate qualification (qualification) of construction project management for project construction process or phases of professional management and service. Prohibition should be done by a contractor in the works of a dismembered into various components of the projects awarded to several contractors.
    Prohibition of individual contract engineering business.
    Seventh General Contracting Company, construction General contractors of outsourced services, subcontracts shall be submitted to the project home construction administrative departments.
    Eighth to undertake building labor service jobs should have the building subcontractor qualification. Construction general contractor, specialty contractor contract construction labor jobs, construction services jobs should be contracted to qualified construction services company, and signed a subcontract.
    Prohibition of labor service company of its contracted services sub-contracted projects.
    Construction general contractor, professional contract enterprises shall, in accordance with the contract in time to construction labor company subcontractor to pay amount.
    Nineth construction general contractor, specialty contractor, building labor service enterprises shall set up and perfect the labor employment system, and building service workers ' labor contract law, specify the rights and obligations of both parties.
    Construction general contractor, specialty contractor, building labor service enterprises shall pay the service workers ' wages on time and in full, shall not be deducted or default.
    Tenth project in the investment more than 300,000 Yuan or construction area of more than 300 square meters of construction project, before commencement of the construction unit shall comply with the requirements apply to projects where construction Administrative Department for construction permits.
    11th City Executive or Mayor's Office found that the emergency construction projects should be provided supporting documents to the county or municipal construction Administrative Department application for a construction certificate of provisional starts.
    12th to receive certificate of provisional starts of construction engineering projects should be achieved in construction project approval documents, construction project planning permit within 15 working days from the date the original claim authority application for renewal of the construction permit.
    Chapter III engineering bidding and tendering 13th according to law must be contracted through public bidding for construction projects, bidding in accordance with relevant laws and regulations; bidding limit the use of Government funds for construction projects, it shall by competitive negotiations, requests for quotations or any other competitive preferred employer.
    14th there are inappropriate for a legal tender of construction project, approved by the Administrative Department on the construction, tenders may not be.
    Determined by the Executive meeting of the Municipal Government's emergency construction projects are not suitable for open tender, tenders can be invited; not suitable for tender, tenders may not be.
    15th to tender according to law, and costing more than 10 million Yuan or construction area of more than 10000 square meters of construction projects, supervising business through bidding.
    16th to participate in the bid evaluation Committee representative of the Tenderer shall have engineering or economic class more than mid-level titles.
    17th bids for construction projects must be conducted in accordance with law, implementation of construction contracting tender, the Tenderer shall not included in the tender tenders legally separate organizations to divisions.
    Advocates for sub-contracting projects contracted through public bidding, subcontracting General Contracting enterprise of construction project bidding should be responsible for.
    18th the same person of the legal representative of two or more enterprises, not at the same time in the same construction project bids.
    Holdings or association exists between the bidders shall not at the same bidding and tendering for construction projects.
    The fourth chapter works contracts and cost management after 19th construction project contractor determines, it shall sign a contract with the contractor to the employer, and use the Unified contract demonstration text.
    Developer shall in the construction project within 7 working days from the date of signing the contract to send the contract project home construction administrative departments, the use of financial capital construction projects, which should include government procurement supervision and Administration Department for the record.
    Engineering changes that occur during the implementation of the contract, the employer shall, in accordance with the provisions in the change confirmation within 7 business days after the original contract for filing.
    20th when the construction Administrative Department accepting the contract, the tender project contract should be the main provisions and tender documents, tender consistency of file review found to be inconsistent with, Contracting Parties should be required to correct it.
    21st construction contract costs for labor, materials, machinery and other cost changes, adjusted according to the contract is not agreed in the contract adjustments, should be based on the valuation of construction administrative departments publish regulations and standard change the contract price.
    22nd adjustment should be specified in the contract by the contractor after the 14th, adjusting the amount of causes, written notice to the employer, the employer confirmed it as additional contract price, and progress payments over the same period.
    Upon receipt of the notification by the contractor to the employer does not confirm nor in the 14th amendment, deemed to have consented to the adjusted contractor fails to notify the employer within a specified time or not to revise the report, the employer can decide whether to change and adjust the amount and notify the contractor in writing. 23rd project funds allocated by developer should be in accordance with the contract.
    Fails to allocate, the contractor may stop the investigation, design, construction, supervision and other activities, and have the right to claim compensation from the employer for work, enforced idleness caused losses.
    Projects must be paid in advance by contract deductions, and deductions in the progress.
    24th the developer results of measurement shall be in accordance with approved projects, 14th pay progress payment applications submitted by the contractor, in accordance with the 60% price is not below, 90% price is not higher than to pay the contractor. 25th the contractor shall in accordance with the contract terms and quality requirements to deliver construction projects, the employer shall pay the price in accordance with the terms stipulated in the contract.
    Violation of the provisions of the contract, the breaching party shall be liable for breach of contract.
    Fifth chapter of intermediary service organization management 26th according to law shall be encouraged to set up intermediary agencies of engineering construction, engaged in construction project bid invitations, project management, supervision, cost consultancy, technical advice, quality inspection, construction drawing design document to review professional services activities.
    27th construction of intermediary service organization shall, in accordance with the approved qualifications and scope of operation, in accordance with the relevant laws and regulations, technical standards, design documents and services contracts, carry out service activities.
    Practitioners engaged in construction service activities shall obtain a relevant qualification.
    Prohibition of the intermediary service organization and its practitioners lend, transfer, alteration, falsification of certificates and qualifications.
    28th article intermediary service institutions and practice industry personnel shall not implementation following behavior: (a) issued false report, and proved file and the other file; (ii) using practice industry convenience seek not due interests; (three) take fraud, and stress, and bribery, and collusion, illegal means, damage client or others interests; (four) to rebate, not due competition means contract business; (five) transfer by contract of business; (six) legal, and regulations and the industry specification ban of other behavior.
    29th national regulations must be subject to supervision of construction projects, the construction unit shall entrust a qualified construction supervision unit for the construction phase of project quality, safety, schedule and cost management, the content negotiation by a delegate of the Commissioner to determine.
    Encourage employer entrusted the engineer on the project quality, schedule, and safety control of overall supervision of investment. 30th engineer in charge of project supervision overall supervision.
    After the project management units business should be based on the professional characteristics of the appointment of Chief supervision engineer for construction projects and formed by the Chief management engineer project management agency.
    Stationing of project supervision unit supervisor, professional supervision business number and shall comply with the requirements.
    31st construction engineering quality inspection institution commissioned the construction of a statutory test for testing, and testing contract signed.
    Engineering quality inspection agency found that project is not qualified or test data, test should be reported within 24 hours reported that the home-building quality supervision institution.
    Construction quality inspection institution at the time of completion, shall provide the employer with the project inspection summary report.
    32nd construction of intermediary service organization in service commissioned for the loss caused by the fault, it shall bear corresponding liability.
    Sixth chapter 33rd construction guarantee and insurance for construction projects implemented security systems, engineering, insurance and construction industry wage guarantee system. Article 34th tender document required bidders to submit a bid bond, bidders should be provided at the time of submitting the tender bid deposit.
    Security deposit amount does not exceed the standard price of 2%, up to 800,000 yuan.
    35th when signing a project contract, the employer should request the contractor to provide a performance guarantee, the contractor shall require the employer to provide payment guarantees, guarantee payment of guarantee up to a limit equal to the performance security guarantee up to a limit.
    Does not provide payment guarantees, shall be granted by the construction permit.
    Article 36th pre-construction to construction contractor must project personnel and accidental injury insurance third party personnel.
    37th construction unit and the contractor shall pay for housing construction engineering quality insurance.
    Credit management in the seventh chapter 38th construction administrative departments should be on real estate development, survey, design, construction and construction of intermediary service organizations and practitioners, evaluation professionals implement credit management, credit information systems, information sharing, disclosure of important information by law, provide information services to the community.
    39th construction administrative departments found that project construction all quarters main responsibility and its practitioners, following bad behavior during the construction process, shall, in accordance with legal procedures, form a record of bad behavior, recorded in the credit file.
    (A) by administrative punishment of behavior; (ii) led to occurred engineering quality, and construction security accident of behavior; (three) violation mandatory standard of behavior; (four) disrupt building market normal order, and fraud, and not due competition, and against trading other interests, behavior; (five) arrears engineering paragraph, and arrears or deduction wage, and not paid social security fee, and illegal using child labour, behavior; (six) legal, and regulations, and regulations provides of other bad behavior.
    Such bad behavior cognizance should be based on the force of the Court judgment, arbitration decisions, administrative penalty decision, to order the rectification notices and other legally binding instruments.
    40th construction administrative departments should be on real estate development, survey, design, construction units and annual evaluation by intermediary bodies, evaluation results recorded in the credit file, and shall be published. To fail to pass the annual evaluation, shall be advised in writing of the credit situation the tender, bidders.
    Comprehensive evaluation of substandard foreign enterprises, construction administration departments at or above the county level shall report construction Administrative Department to inform its registered seat of construction Administrative Department.
    41st construction administrative departments at the level of qualification and assessment of individual qualifications and at the annual review, periodic inspection and recognition of excellence, should the credit information of the record as a basis for regulatory.
    The eighth chapter mentioned in the 42nd article of the visible construction market management measures the visible construction market, is defined as a project, contract transactions provide engineering and construction management activities information service, fixed place of tender and bid activities and witness services and carriers.
    Suzhou city and the County set up a tangible building market, districts (not including Suzhou Industrial Park) and the visible construction market development zone shall be established.
    Suzhou, visible construction market, construction project Exchange Center is responsible for the daily organization, coordination and management.
    Article 43rd contract awarding for construction projects, contracts and other transactions shall be carried out in tangible building market.
    Transportation, water conservancy, electric power, telecommunications and other professional project contract, Contracting and other trading activities should be carried out in tangible building market.
    Article 44th of the visible construction market manager should be contracting, trading activities such as Contracting Parties to provide fully equipped sites and standardized service to collect, store, and publish the bidding information, policy information, such as business information and advisory services. Construction project tender notices and bid for publicity and other information should be made public in the construction of Suzhou project network.
    Using Government funds projects in government procurement supervision and management departments should be also published on the specified media.
    45th construction administrative departments, the relevant administrative departments and institutions should be set up in tangible building market-oriented construction services window, land audit, project bidding record, project contract, engineering quality supervision, construction safety supervision and licensing procedures, and achieve tangible building market "one-stop" services.
    46th of the visible construction market management should approach trading the archival material of the project collecting, sorting, filing and management.
    Nineth 47th chapter penalty acts in violation of these rules, provisions of relevant laws and regulations, regulations on punishment, from its provisions.
    48th in violation of the provisions of article 18th, the construction Administrative Department shall order rectification, fined 10,000 yuan and 30,000 yuan fine.
    49th article violates these rules, unit or project tender must not through bidding supervision services through bidding, the construction Administrative Department shall order rectification, fined 10,000 yuan and 30,000 yuan fine.
    50th article violates these rules, not construction contracts contract or project submitted to the construction administrative departments, the construction Administrative Department shall order rectification, impose a penalty of 5,000 yuan and 20,000 yuan.
    51st intermediaries and their practitioners disobey 28th article in one of the provisions of laws and regulations without penalty, by construction Administrative Department ordered corrective action and give a warning, and a fine of 10,000 yuan and 30,000 yuan fines; serious cases, it is recommended that authorities lower qualification levels or off the licensing. 52nd article supervision units has following behavior one of of, by construction administrative competent sector ordered corrected, be warning, and sentenced 5,000 yuan above 30,000 yuan following fine: (a) not prepared supervision planning that carried out site supervision work of; (ii) presence engineering site of supervision personnel number and professional not meet supervision contract or supervision planning requirements of; (three) on construction process in the violation mandatory standard of behavior, or on construction units Shang road process not reported by supervision acceptance that into Xia road process construction of behavior,
    Without writing, to stop or correct requirements; (iv) main building materials, fittings and equipment are not reported to the supervision of verification of the works that were not retest or retest is intended to act, not to stop or correct requests made in writing, and (v) not in accordance with the provisions of the construction site supervision during construction.
    53rd supervision unit in China, one of the following acts, the construction Administrative Department shall order rectification, with a warning, and supervisor fined 5,000 yuan and 30,000 yuan fine, fined a maximum of 2000 Yuan and 10,000 yuan for employees in serious, recommends that the authorities reduce supervisor qualification levels, log off responsibility for qualification.
    (A) without a corresponding post certificate or a certificate of competency, on behalf of the supervisor in supervision work; (b) at more than 3 (No 3) supervision of project Chief management engineer.
    The 54th engineering quality inspection institutions violate the provisions of article 31st of this approach, the construction Administrative Department shall order rectification, fined 10,000 yuan and 30,000 yuan fine.
    55th construction Administrative Department staff in the construction market supervision and management of dereliction of duty, abuse of authority or engages in, by his entity or his upper level construction Administrative Department shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                    Tenth chapter supplementary articles article 56th these measures shall take effect on March 1, 2006.