Advanced Search

Administrative Measures For The Construction Market In Suzhou

Original Language Title: 苏州市建筑市场管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by the 51st ordinary meeting of the People's Government of the State of Sus Republic of 13 December 2005 No. 90 of the People's Government Order No. 90 of 30 December 2005 and published as effective 1 March 2006)

Chapter I General
Article 1, in order to regulate the construction market order, protect the legitimate rights and interests of the parties, strengthen the regulatory management of the construction market and develop this approach in line with relevant national laws, regulations and regulations.
Article II refers to the construction market as described in the present approach, which refers to transactions and locations such as the provision, design, construction, treasury, major material and related equipment procurement.
Article 3 engages in construction market activities within this city's administration and implements the construction market supervision management and should be in compliance with this approach.
Professional construction projects, such as transport, water, electricity, telecommunications, are regulated by laws, regulations, regulations and regulations for their oversight.
Article IV provides for the establishment of administrative authorities responsible for the uniform supervision of the entire market. The establishment of administrative authorities at the district level is responsible for the supervision of the construction market in the Territory.
The Sus State Industrial Parks, the High New Region of Sus State, the Ushima and the Regional Authority for the Development of Administrative Authorities in the Region are governed by the construction market within its jurisdiction, in accordance with their responsibilities.
Sectors such as development and reform, finance, business, audit, labour and social security, tax administration are governed by their respective responsibilities.
Article 5 Building activities should be guided by the principles of openness, justice, equity and integrity, free of unlawful restrictions and exclusion from areas, sectors and industries.
Chapter II
Article 6.
The construction units could provide a full-fledged procurement package for construction projects, design, construction, material and related equipment to a total enterprise contractor, or a survey, design, construction, material and related equipment procurement packages for construction projects.
The construction units may entrust the construction project management with the corresponding qualifications (exclusive) to carry out specialized management and services for the construction process or phase.
It is prohibited that a unit engineering project, to be completed by a contractor, should be dispersed into a number of contractors. Individuals are prohibited from carrying out engineering operations.
Article 7
Article 8.
The construction of a general contractor, a professional contractor company to carry out a construction package should be transferred to a construction-based service subcontractor with corresponding qualifications and a subcontracting contract. Labour subcontractors are prohibited to subcontract their contracted labour works.
The construction of a general contractor and a professional contractor should pay for labour subcontracting works in accordance with the contract agreement.
Article 9
The construction of a total contractor, a professional contractor and a construction business should pay the salaries of the workforce in full and on time without computation or arrears.
Article 10 Investments in engineering amount to more than 300,000 dollars or construction projects of more than 300 square meters, and pre-engineering units should apply for construction permits to the construction of administrative authorities in the project area, as required.
Article 11. Emergency construction projects, as determined by the Standing Committee of the Municipal Government or the Mayor's office, shall be subject to a certified document to the district or city-building administrative authorities for the purpose of obtaining a provisional certificate of work for construction.
Article 12 Construction projects that receive the construction work certificate of the construction work shall apply to the former licensor within 15 working days of the date of the approval of documents for construction purposes, the construction of engineering planning permits.
Chapter III
Article 13 provides for the construction of tendering packages in accordance with the relevant provisions of the law, legislation and regulations; construction projects using financial funds below the solicitation limits should be used in accordance with the law, competitive negotiations, solicitation or other competitive methods.
Article XIV provides for construction projects that are not appropriate for tendering and may not be tendered with the approval of the executive authorities, such as construction.
Emergency construction projects, as determined by the Standing Committee of the Municipalities, could not be appropriate to open tenders, which could be invited to solicitation, without appropriate solicitation.
Article 15 must be solicited by law and construction projects with construction costs of more than 1,000 million dollars or more than 100,000 square meters of construction area, and their treasury operations must be channelled through tendering kits.
The solicitation representatives of the bidder participating in the Review Committee shall have technical titles of the engineering or economic category.
Article 17 is required by law to carry out construction projects for tendering, without the application of the general construction charter solicitation, and the bidder shall organize separate tenders in accordance with the law.
To promote tendering packages for subcontracting works, tenders for subcontracting work should be held by the construction of the total contractor.
Article 18, which is composed of two or more enterprise legal persons of the same individual, shall not participate in tenders for the same construction project.
The bidder shall not be subject to the same tender in the same construction project solicitation.
Chapter IV Contracts and price management
After the establishment of a contractor for construction projects, the licensor and the contractor shall enter into a contract in accordance with the law and use a model contract text.
The lender should build the administrative authority for the project site within seven working days of the date of the construction of the construction project contract contract contract contract contract contract contract contract contract contract contract contract contract contract and develop projects using financial funds, and should also procure oversight management cases to the Government.
Changes in the work carried out in the course of the contract implementation should be made available to the original contract reserve sector within seven working days of the change confirmation.
Article 20 builds the administrative authority in the receipt of the contract submission, the principal terms of the solicitation project contract shall be reviewed in conformity with the solicitation documents, the solicitation documents, and it is found that the parties to the contract should be required to change.
Article 21 Changes in construction contracts due to manual, material, mechanical and other costs, which may be adjusted in accordance with contractual agreements but are not agreed in the contract, should be based on price provisions and price standards issued by the construction of administrative authorities.
The contractor shall, within 14 days of the adjustment provided for in the contract, communicate the reasons for the adjustment, the amount of the written notice of the lender and, after the confirmation of the lender as an additional contract price, pay the same period as the construction progress.
The author was not confirmed within 14 days of receipt of the notice of the contractor and was considered to have agreed on the adjustment; the contractor could decide whether to adjust and adjust the amount and inform the contractor in writing.
Article 23 shall assign the amount of work to the contract. The contractor may stop the activities of the survey, design, construction, treasury, etc. and have the right to require the collateral to compensate for the damage caused by the suspension of work, the work.
The prepaid works would have to be agreed in the contract and in the context of the progress of the work.
Article 24 shall be based on established engineering measurements, and within 14 days of the contractor's application for payment of the progress of the works, no less than 60 per cent of the engineering price shall be paid to the contractor by 90 per cent of the engineering price.
Article 25. The contractor shall deliver construction works in accordance with the terms and quality of the contract agreement, and the lender shall pay the engineering value in accordance with the contract agreement period. In violation of contractual provisions, the default party should assume responsibility for default.
Chapter V
Article 26 encourages the establishment of an intermediary service in accordance with the law to engage in specialized services such as solicitation services for construction projects, project management, treasury advice, technical advice, quality testing, construction map design document review.
In accordance with the approved level of qualifications and scope of operation, the construction of brokering services should be carried out in accordance with the relevant legal regulations, technical standards, design documents and service contracts.
The operators involved in the construction of brokering services should be eligible by law.
Intermediation services and their practitioners are prohibited from borrowing, transfer, painting, counterfeiting and qualification certificates.
Article 28 Intermediation services and their practitioners shall not carry out the following acts:
(i) Is false reports, documentation and other documents;
(ii) The use of the executive industry to facilitate unwarranted interests;
(iii) The use of illegal means of fraud, coercion, bribery, collusion, which undermine the interests of the author or others;
(iv) Exemption of business by means of unjustifiable competition;
(v) The transfer of collateral operations;
(vi) Other acts prohibited by law, legislation and industry norms.
Article 29 states that there is a need for the construction of a treasury project, and that the construction unit should entrust a qualified engineering unit with the performance of its construction phase, such as quality, security, progress and prices, and that its content is determined in consultation with the parties.
The construction units are encouraged to entrust the engineering inspectorate with the full implementation of the engineering quality, progress, investment and safety controls.
Article 33, the Director of the Engineering Project is responsible for the implementation of the master plan. After the institution assumes the operation of the institution, it is important to appoint a master plan of ethics in accordance with the professional characteristics of the construction project and to establish a project manager by the Master of the Engineer.
The professionalism and strength of the ombudsman assigned to the engineering site should be in line with the requirements of the penitentiary operation.
The construction unit should entrust the engineering quality test body with the testing of the mandated testing project for construction and the signing of the testing contract.
The engineering quality test body found that the testing project was not qualified or that the data was not sufficient, and the quality of the construction of the engineering oversight body should be reported in 24 hours.
The engineering quality test body should provide the construction units with a summary of the project test reports when the work was completed.
Article 32, Construction of brokering services, which caused the loss of the author in the course of the service, should be held in accordance with the law.
Chapter VI Security and insurance
Article 33 builds the engineering security system, the engineering insurance system and the construction industry's enterprise wage security system.
Article XIV of the solicitation documents requires the bidder to submit the tender bonds, and the bidder shall provide tender bonds in conjunction with the submission of tender documents. The amount of the bond is generally not more than 2 per cent of the total value of the mark, up to $800,000.
In signing a contract for construction, the licensor shall require the contractor to provide the security of the performance, and the contractor shall require the licensor to provide the payment of the security in the amount of the payment of the security amount equal to the amount of the secured obligation.
No construction permit shall be granted without payment of security under the provisions.
The contractor must conduct an accident injury insurance for construction and third-party personnel prior to the start of the construction project.
Article 37 Construction units and contractors should be insured with quality insurance for housing construction works.
Chapter VII Credit management
Article 338 should build administrative authorities to implement credit management for property development, survey, design, construction units and engineering-building intermediary services and their supervisors, evaluation professionals, and establish credit information systems to achieve information-sharing, disclose important credit information in accordance with the law and provide information services to society.
Article 39 builds administrative authorities to identify the subject matter of responsibility for the construction of the works and its practitioners, with the following negative actions in the construction process, and shall be recorded in the credit file in accordance with the statutory procedures.
(i) Administrative penalties;
(ii) Conduct of work quality, construction safety accidents;
(iii) Violations of mandatory standards;
(iv) Distortion of the normal order of the construction market, misleading, unjustifiable competition, violations of the rights of the parties;
(v) In arrears in the amount of work, in arrears or in the payment of wages, unpaid social insurance, and in violation of child labour;
(vi) Other illegitimate acts prescribed by law, regulations and regulations.
The determination of the adverse acts of the preceding paragraph should be based on the Court's judgement of entry into force, the ruling of the arbitral body, the letter of administrative sanctions, the letter of restatement of the order and other instruments of legal effect.
Article 40. Construction of administrative authorities shall conduct annual integrated assessment of the development, survey, design, construction units and brokering services of the property and shall be recorded in the credit file and shall be disclosed in accordance with the law.
The annual integrated assessment is not qualified and should inform the solicitation, bidder in writing of its credit status. The integrated evaluation of field enterprises is not qualified, and the establishment of administrative authorities at the district level should report on the establishment of administrative authorities in the province and inform their registration sites to build administrative authorities.
Article 40 provides that the construction of administrative authorities shall serve as a basis for monitoring management when assessing the qualifications and qualifications of enterprises and individuals and the performance of annual reviews, periodic inspections and awards.
Chapter VIII
Article 42, paragraph 1, refers to the provision of engineering information services, tendering activities and the fixed premises and features of the evidence services for the construction of engineering kits, contractual transactions and construction activities.
There is a tangible building market in the city of Sus State and at the district level, where the various areas (non-Sustainable industrial parks) and the development areas are not allowed to establish tangible construction markets.
The construction of engineering trade centres in Sus State is responsible for the day-to-day organization, coordination and management of the physical construction market in the city.
Article 43 thirteenth transactions such as construction of engineering projects should be carried out in the tangible construction market.
Transactions such as transport, water, electricity, telecommunications, etc., and contracting, should be carried out within tangible construction markets.
Article 44 regulators in the physical construction market should provide facilities-wide and normative services for all parties involved in transaction activities such as the issuance, contracting, and services such as the collection, storage and publication of solicitation information, policy information, enterprise information and advice.
Information such as the construction project solicitation notice and the subscription should be published by the construction network in Sus State. Construction projects using financial funds should also be made public at the same time in the media designated by the Government's procurement oversight management.
Article 42 builds administrative authorities, the relevant administrations and institutions shall establish an office-oriented window for the construction of the parties in the tangible construction market, conduct land clearance, engineering solicitation, engineering contract preparation, engineering quality supervision, construction safety monitoring and construction of licences, and perform the functions of “one-stop” services in the tangible construction market.
The management of the physical construction market in article 46 should collect, collate, store and manage the archival material for the project.
Chapter IX
Article 47, in violation of the provisions of this approach, provides for penalties under the relevant laws, regulations and regulations.
Article 48, in violation of article 18 of this approach, is subject to a fine of up to 3,000 dollars for the construction of administrative authorities.
Article 49, in violation of this approach, stipulates that construction units or project licensors must not pass through tendering, through the tendering charging operation, which is subject to a fine of up to 3,000 dollars.
Article 50, in violation of this approach, does not refer construction contracts or contract changes to construction to administrative authorities, which are converted by the construction of administrative authorities to a fine of over 2,000 dollars.
Article 50 quantification agencies and their practitioners violate one of the provisions of article 28 of this approach, and the law, legislation and regulations do not impose penalties, are ordered by the establishment of administrative authorities, warnings and fines of up to 30,000 yen; in serious circumstances, it is recommended that the authorities be entitled to reduce the qualifications or write-offs of the operation.
Article 52 is one of the following acts by the institution of the institution, which is to be rectified by the establishment of administrative authorities, warning them and fined by over 3,000 dollars.
(i) No work on the conduct of field-based management is planned;
(ii) The number and professional qualifications of the personnel stationed on the engineering site are not in accordance with the requirements of the penitentiary contract or the custodial planning;
(iii) Acts that violate the mandatory standards in the construction process, or the failure to report on the work of the construction unit to proceed with the construction process without written submission of a requirement for a cessation and correction;
(iv) No written request for the cessation and correction of nuclear tests for major construction materials, construction components and equipment, which were used for engineering or should be reviewed;
(v) The construction process has not been carried out in accordance with the provisions.
Article 53 practitioners have one of the following acts, which is being redirected by the executive authority, warnings and fines for the institution of the institution of the institution of the institution of the institution of the institution of the institution of the judiciary, which is punishable by a fine of more than 2,000 yen; in the event of a serious nature, it is recommended that the authorities be entitled to reduce the level of the institution's qualifications and the qualifications of the holder.
(i) The absence of a corresponding job certificate or a qualified certificate, i.e., the conduct of a prison work in the name of a custodian;
(ii) At the same time, over three (excluding three) treasury projects serve as PAE.
In violation of article 31 of this approach by the construction of administrative authorities, the engineering quality test body is fined by over 3,000 dollars.
Article 55 builds the executive authority's staff to play negligence in the management of the construction market, abuse of authority, provocative fraud, by virtue of their own units or by senior-level administrative authorities, which constitute a crime and hold criminal responsibility under the law.
Chapter X
Article 56 of this approach is implemented effective 1 March 2006.