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Municipal People's Government On The Revision Of The Construction Market In Xi ' An City Of Xi ' An Administrative Policy Decision

Original Language Title: 西安市人民政府关于修改《西安市建筑市场管理办法》的决定

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(Adopted by the 51st ordinary meeting of the People's Government of Western Annai on 4 June 2004 at the 51st ordinary meeting of the House of Commons, held on 15 August 2004 by Order No. 42 of the People's Government of the Western Andes, on the date of publication)

Paragraphs Page
The work of the port, Macao, treasury or foreign organization or individuals in the city shall be in accordance with the requirements of the laws, regulations and regulations of the People's Republic of China and be backed by the municipal administration.
Article 12, paragraph 3, was amended to read: “The construction of tenders shall be open or invited to tender”.
Article 15, paragraph 1, was amended to read: “The construction of engineering surveys, design, construction, construction and construction of institutions within the city's administrative area shall take part in tendering activities and must hold licences for business legal persons, certificates of excellence, certificates of bank charges, and documents such as certificates of bank charges.”
Article 41 was deleted.
In addition, the order of the provisions is adjusted accordingly in accordance with this decision.
This decision is implemented since the date of publication.
The SASE market management approach is released in accordance with this decision.

Annex: Methods for the management of the construction market in the city of Western Anian (Amendment (2004))
(Adopted by the Government of the city on 25 April 1996 in accordance with the Decision of the Government of the People of the city of 22 November 1999 on the revision of the Modalities for the Management of the Construction Market of the SAAsian City, as amended by the Decision of the Government of the People of the city of 15 August 2004 on the revision of the scheme of construction market management in the city of Western Annai)
Chapter I General
Article 1 provides for the development and development of the construction market, the maintenance of the normal order of the construction market and guarantees the legitimate rights and interests of the parties to the construction operation, in accordance with the relevant national laws, regulations and regulations.
Article 2 units and individuals involved in construction activities in the administration of the city are subject to this approach.
The approach refers to the construction market, which refers to operating activities such as the conduct of construction works such as local construction, installation of equipment, loading, dressing, and brokering services and their premises.
Article 3. The construction market should be guided by the principle of uniform management, the application of fair competition and legitimate operation, and the prohibition of irresponsible acts such as division, blockade, monopoly construction market.
Article IV. The construction of the administrative sector in the city is the administrative authority for the management of the construction market in this city, with the construction of the district, district-based administrations responsible for the management of the construction market in the Territory. The main responsibility for building the administration is:
(i) Organization of laws, regulations and regulations for the management of the construction market;
(ii) The qualifications of the proponents, contractors and the construction of the treasury units for the construction of the project;
(iii) Harmonization of the management of construction works and quality, safety monitoring and management of construction works;
(iv) Oversight of contract and construction operations and management of the completion inspection;
(v) Procedures for pre-engineering work;
(vi) Violations of the operation of the construction market by law.
Article 5 Business administrations are responsible for units operating in construction, personal registration and contract identification work in construction operations, and are found to be in violation of the laws, regulations and regulations governing the administration of business in the operation.
Any unit or person in Article 6 has the right to investigate and denounce violations of this approach. The construction of the administration sector should be rewarded for the prosecution and for the release of powerful personnel.
Chapter II
Article VII units and individuals engaged in construction operations such as the issuance, contracting, construction of the institution must be reviewed by the construction of the administration or determine the level of qualifications, as required, and obtain the corresponding qualifications certificate.
Without the award of a hierarchy of qualifications, no roll-out and organizational management of construction works shall be carried out and no mission shall be contracted to investigate, design, construction tasks and shall not be carried out in institution-building.
The unit shall terminate, divide and consolidate and shall be cancelled or reintroduced.
Article 8. In addition to the Ministry of Foreign Affairs or the Ministry of Foreign Affairs of the city for the purpose of contracting, charging and building the administration of justice, the corresponding qualifications documents should be held and the presentation of the construction of administrative services at the provincial or municipal levels, to be backed by the municipal administration.
Organizations or individuals from ports, aucasinos or abroad for the operation of the slot, contracting and construction of the city shall be in accordance with the requirements of the laws, regulations of the People's Republic of China and be backed by the municipal construction administration.
Article 9. Units and individuals who have obtained a certificate of qualifications shall operate in accordance with the scope specified in the award of the award of the qualifications, and shall not be issued for sale, transfer, falsification, and conversion.
Article 10 introduces a system of annual inspections of the award of qualifications, depending on its annual status, which is promoted or downgraded by the Principality Approval Unit, which is overdue, and the award of the qualifications is self-effective.
Chapter III Proclamation, contracting and solicitation, tender management
Article 11. Construction works have been introduced in the construction system, and construction units should be required, prior to the issuance of the engineering project, to carry out the construction process, as prescribed, for example, in the construction process, of changes in buildings, the size, use, type of structure, and the number of floors, and, subject to the approval of the planning administration sector, to supplement the construction process in the municipal administration.
The construction projects that have not been reported shall not be provided for or organized.
Article 12 provides for the selection of construction units through the solicitation of tenders to prohibit private transactions, in accordance with this approach, in the case of new construction, alteration and expansion projects in the administration of the city.
The construction of works tenders, which must be chaired by the construction unit or its agent, under the supervision of the construction of the administration.
The construction of tenders should be open or invited to tender.
Article 13. The construction of engineering survey, design and construction kits shall be implemented in accordance with the following provisions:
(i) Construction of engineering survey and design of a roll-out package shall have the following conditions:
The construction work is governed by the provision for the processing of the construction process;
Removal procedures have been taken in accordance with the law of the choice of titles, the construction of land planning permits and the construction of engineering planning permits;
Based information on the engineering design needs.
(ii) The construction of the construction package shall also have the following conditions, in addition to the conditions under subparagraph (i):
Preliminary designs and estimates have been approved;
graphs and relevant information to meet the construction needs;
Implementation of funds and major equipment sources;
The construction of the ground was completed and the pace of evictions was in line with the construction requirements;
Other conditions required for the construction of the administration sector.
The lender shall hold a certificate of the quality of the management of the project and shall not obtain a certificate of the quality of the award, which shall be delegated to the officer of the construction unit with the corresponding qualifications.
Article 14. Purchase of tenders for construction projects may be subject to a phased solicitation or consolidation of general tenders at the four stages of the engineering survey, design, construction, construction, construction of the office. The procurement of engineering equipment may also apply for tendering.
The construction unit or its agent would make tenders for a unit that would be independent of the contractor's work.
Article 15 participates in tendering activities in the contractor construction engineering survey, design, construction, construction and institution-building units within the city's administration area, and must hold licences for business legal persons, certificates of excellence, certificates of bank charges, etc.
In addition to the pre-conditional conditions, the contractor's construction components and commodity-content, non-standard equipment processing units will be subject to a product licence that may be involved in the contractor's operation.
There is no evidence, no note or a higher level of participation in tenders.
The units prohibiting the construction of tenders collate tenders.
Article 16 shall not interfere unlawfully with normal solicitation activities.
The subject matter of the validated mark must be confidential and no unit or individual shall be disclosed.
Article 17. The contractor must organize its own construction work and not be reproduced. A more professional project could be subcontracted in accordance with the relevant provisions of the State, and a subcontractor could not subcontract the work.
It is prohibited from contracting.
Before construction work starts, construction units must apply for construction permits to the urban construction administration. The city-building administration has issued construction permits for eligible conditions within 15 days from the date of receipt of the application.
No construction permit shall be granted.
Article 19 Construction works shall be transferred to the construction of the engineering archives as required.
Chapter IV
Article 20 The construction of construction works should be based on a dynamic management based on the calculations and the costing criteria established by States and provinces, municipalities. Any unit or individual may not be subject to an arbitrary price, rise or unreasonable condition.
Article 21 provides for the construction of tenders, which must be prepared in accordance with the terms of the national and provincial, municipal engineering budgets, material budget prices, material price, engineering fees, tax rates and work schedules. The mark would be prepared by the solicitation unit on its own behalf or by the authorized engineering consulting unit. The logs developed will be reviewed and determined by the construction of the executive branch, which can be used as a formal mark.
Article 2 provides that the parties to the construction work shall enter into contracts in accordance with the provisions of the law, regulations and shall use a uniform contract text.
The construction units will be delegated to the construction of the institution and shall enter into the commissioning contract with the delegated units.
The overall contractor unit subcontracts the contractor's work to other units and shall enter into subcontracting contracts.
Construction of engineering contracts must be based on a review by the construction of the administration and the identification of the business administration.
Article 23 of the contract arises in the performance of the dispute, and the parties shall consult to resolve the matter and, in the absence of a consultation, may apply for arbitration to an arbitral institution in accordance with the terms of arbitration agreed in the contract or the written agreement reached thereon, or directly to the People's Court.
Chapter V Quality and security management
Article 24 Quality oversight in the construction of the administration should be monitored in accordance with the relevant national provisions.
Article 25
Article 26 Surveys, designs, construction, construction and construction of the works should be rigorously conducted in accordance with engineering standards, norms and self-sensitizing the nuclear tests and oversight of the construction of the administration or its mandated institutions.
Article 27 provides that construction units shall take effective measures to prevent accidents.
The construction site should be established in accordance with the provision of a perimeter facility prohibiting the storage of construction materials, machines and construction operations outside the fence. After the completion of the work, the construction units should dismantle on-site and temporary facilities to clear construction garbage. Strict control of the pollution and damage to the environment, such as the flour, dehydration, wastewater, solid waste and noise, and inspiration.
Chapter VI
Article 28 builds the institution of institution-building, in particular in accordance with the provisional provisions of the MSA.
Article 29 shall notify the contractor in writing, prior to the implementation of the institution, the content of the institution, the name of the head of the institution, the authority delegated.
The contractor must accept the institution's jurisprudence and, as required, technical and economic information.
Article 33 The construction of the institution shall be responsible for the commissioner under the terms of the contract and shall not be accompanied by operational business relations with the solicitation of the same engineering project.
The administration of justice cannot be transferred.
Chapter VII Legal responsibility
In violation of this approach, one of the following acts has been committed by the construction of the administration, depending on the circumstances, ordering to put an end to the offence, forfeiture the proceeds of the violation and fines of up to 500,000 dollars:
(i) A non-exclusive hierarchy or a contractual survey, design, construction and treasury over the scope of the business licence of the enterprise qualifications;
(ii) Location, transfer or modification of paints, and forfeiture of the award of the quality of the award;
(iii) Work contractors and brokering services are not provided for in the registration process.
In violation of this approach, there are one of the following acts, which are committed by the construction of administrative authorities to stop the violation of the law, to modify the duration of the period and to war in its circumstances, and to impose a fine of up to $300,000 from the proceeds of the violation:
(i) Construction projects are not reported or have not been granted construction permits;
(ii) Removal and solicitation of a unit capable of independent contracting;
(iii) Transplanation;
(iv) The construction of the construction of the treasury unit in conjunction with the construction, design, material supply units of the same engineering project;
(v) No procedure for monitoring quality safety of the work as specified;
(vi) There is no provision for institution-building;
(vii) Transfer of custodial operations;
(viii) No transfer of the engineering archives is required.
In violation of this approach, there are one of the following acts, which are fined by one to five per cent of construction costs by the construction administration sector, resulting in loss and corresponding civil responsibility under the law. In the case of the head of the project or the responsible person concerned, it may be subject to a fine of more than 5,000 dollars. (c) Criminal accountability by law:
(i) The quality of construction works is not qualified for sale and delivery;
(ii) Use of unqualified or qualitatively non-qualified construction materials, construction parts and equipment.
In violation of this approach, there are one of the following acts, which are committed by the construction of administrative authorities to stop the violation of the law, to modify the deadline and to impose a fine of 1 to 3 per cent of the engineering price, depending on their circumstances:
(i) There is no condition for the delivery of the package and its own delivery;
(ii) Construction works shall be solicited without tendering or by provision for tendering.
Article 35, in violation of the provisions of this approach, contains one of the following acts, which are subject to the gravity of the circumstances, warnings, responsible for the cessation of construction and a fine of up to 100,000 dollars in the construction of the administration of justice:
(i) The construction site does not establish a perimeter facility in accordance with the provisions;
(ii) After the completion of the work, no demolition of the perimeter facility, temporary construction facilities and removal of construction garbage is required;
(iii) Failure to take appropriate measures to cause environmental pollution and damage, as required.
Article 36, in violation of relevant regulatory provisions such as business, is punishable by law by the relevant administrations such as business.
Article 37 does not determine administrative penalties and may initiate administrative review or administrative proceedings in accordance with the provisions of the Administrative Review and Administrative Procedure Act. The administrative organs that have made a penal decision may apply to the People's Court by law for enforcement without delay for administrative review, prosecution and punishment.
Article 338 builds the administration and the relevant management staff to play a role in the privatization or in the exercise of private, bribeed, provocative fraud and administrative disposition by their units or superior authorities; constitutes an offence punishable by law.
The denial, obstruction of the construction of administrative services and the enforcement of their duties under the law are punished by the public security authorities in accordance with the regulations governing the penalties imposed by the law; they constitute a crime and hold their criminal responsibility under the law.
Article 39 should pay the same level of finance in full in accordance with the penalties imposed by this scheme, and use the financial sector to harmonize the collection of invalid ballots.
Chapter VIII
The construction of the administrative sector in the city of Western Sahara may be governed by this approach.
Article 40