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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(June 4, 2004 Xian City Government 51st times Executive Conference considered through August 15, 2004 Xian City Government makes 42nd, announced since announced of day up purposes) a, and eighth article modified for: "province outside or city outside units to this city engaged in contracting, and employer and construction supervision business of, should holds corresponding of qualification documents and where province or city level construction administration sector issued of introduced communications, to city construction administration sector record. Hong Kong, Macao and Taiwan regions or foreign organizations or individuals to the city and engaged in contracting, Contracting and construction supervision shall conform to People's Republic of China laws and regulations require, and municipal construction administrative departments for the record. "Second, 12th article as:" construction project bidding should be open or inviting tenders. "Three, 15th in the first paragraph is amended as:" contracts for construction projects in the administrative area of the city survey, design, construction, construction supervision unit to participate in bidding activities must have a business license, qualification certificate, bank reference letter and other documents submitted to the municipal construction administrative departments for the record.
    "Four, delete article 41st.
    In addition, under the provisions of this decision in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    The XI architecture market management measures under this decision be revised and republished. Attached: Xian City building market management approach (2004 amendment this) (April 25, 1996 City Government released according to City Government November 22, 1999 on modified straddling Xian City building market management approach of decided amendment according to City Government August 15, 2004 on modified straddling Xian City building market management approach of decided Amendment) first chapter General first article for foster and development building market, maintenance building market of normal order,
    Protection construction management legitimate rights and interests of the parties involved, in accordance with relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article engaged in construction activities in the administrative area of the city of units and individuals shall comply with these measures.
    The construction market in these measures refers to engage in civil construction, equipment installation, piping, decoration construction engineering survey, design, construction, supervision and mediation services and other business activities and places.
    Article should follow the principle of unified management of the construction market, fair competition and legal operation, prohibit segmentation, blockades, monopolize the building market irregularities. Fourth XI construction Administrative Department is the Executive Head of the city's architecture market management Department, district and County Administrative Department is responsible for building construction market management within their respective jurisdictions.
    Construction administration sector of main duties is: (a) organization implementation building market management of legal, and regulations and regulations; (ii) is responsible for engineering construction project of reported built, and tender, and bid work, audit employer party, and Contracting Party and construction supervision units of qualification; (three) unified management construction engineering of supervision and quality, and security supervision work, is responsible for construction engineering of cost management; (four) on contract and the building business activities for supervision, on engineering completed acceptance for management;
    (E) before going through the building project for the construction permit procedure; (f) to investigate and punish violations in the construction market and business activities.
    Fifth industrial and commercial administrative departments, is responsible for the construction of unit and individual registration and authentication work in the construction and operation contracts, and construction business activities of Administration for industry and commerce laws, rules and regulations. Sixth article of any unit and individual have the right to report and expose acts in violation of these measures.
    Construction administrative departments to report and expose workers to be given recognition awards.
    Chapter II administration of qualification article seventh engaged in contracting, Contracting, construction supervision, construction management activities of units and individuals, must be determined by the construction Administrative Department to review qualifications or qualifications, according to regulations and obtain the appropriate certificate of qualification.
    Has not obtained the qualification certificate shall not engage in package and the Organization and management of the construction project, not Contracting investigation, design, construction, and shall not engage in the construction supervision work.
    Termination, separation, merger, and should be written off, or again the qualification formalities.
    Article eighth outside the province or municipal units to the city and engaged in contracting, Contracting and construction supervision services, shall hold a relevant qualification certificates, and the province or letter of introduction issued by the municipal construction administrative departments, municipal construction administrative departments for the record.
    Hong Kong, Macao and Taiwan regions or foreign organizations or individuals to the city and engaged in contracting, Contracting and construction supervision shall conform to People's Republic of China laws and regulations require, and municipal construction administrative departments for the record.
    Nineth obtained qualification certificates and should be in accordance with the provisions of the certificate of qualification of individuals engaged in business activities, may be sold, transferred, forged or altered certificate of qualification.
    Tenth annual inspection system against qualification certificates, depending on their annual qualification examination and approval departments for promotion or demotion, after undergoing the inspection, certificate of qualification shall automatically cease.
    Third chapter employer, and contracting and tender, and bid management 11th article construction engineering implemented reported built system, units should in project employer Qian, by provides to city construction administration sector handle reported built procedures, construction engineering in construction process in the as change buildings, and structures of scale, and uses, and structure type and the layer number, by planning administration sector license Hou, must to city construction administration sector replacement reported built procedures.
    Construction projects that are not construction shall not be the employer or organization.
    Article 12th within the administrative area of the city in new construction, renovation or expansion projects shall be in accordance with the means provided by way of bidding selection the selected construction units, prohibited private trading.
    Construction project bidding and construction units must be under the supervision of construction Administrative Department, presided over by the construction unit or its agents.
    Construction project bidding should be open or inviting tenders.
    13th article construction engineering survey, and design and construction of employer should by following provides implementation: (a) construction engineering survey, and design employer should has following conditions: 1. construction engineering by provides has handle reported built procedures; 2. law received location submissions, and construction with to planning license and construction engineering planning license, has handle land expropriation procedures; 3. has design need of based information.
    (Ii) construction engineering construction employer except has subsection (a) items conditions outside, also should has following conditions: 1. preliminary design and the estimates has approved; 2. has meet construction need of drawings and the about information; 3. construction funds and main equipment source implementation; 4. engineering construction with to procedures complete, demolition progress meet construction requirements; 5. construction administration sector requirements has of other conditions.
    The employer should hold a qualification certificate in project management, has not obtained the qualification certificate, the employer shall appoint a qualified construction supervision agencies. Article 14th contract tendering for construction projects, engineering survey, design, construction, four phases of construction supervision phase tendering or merge the overall bid.
    Procurement of engineering equipment can also be subject to bidding.
    Prohibition of the construction of a contractor or its agents be able to works of independent contractor dismembered contract bidding.
    15th article in the administrative area of the city within the contracted construction engineering survey, design, construction, construction supervision unit to participate in bidding activities must have a business license, qualification certificate, bank reference letter and other documents submitted to the municipal construction administrative departments for the record.
    Contract construction fittings and concrete processing units, non-standard equipment in addition to the conditions of the preceding paragraph, must also have a product license, before engaging in the contracting business.
    Against the undocumented, unlicensed or go over and beyond to participate in bidding.
    Ban on construction project bidding collusion bidding.
    16th no unit or individual may illegally interfere with normal bidding activities.
    Certified prior to bid opening shall be kept confidential, no unit or individual shall not be disclosed. 17th the contractor must arrange the completion of construction works shall not be subcontracted.
    Highly specialized projects, in accordance with the relevant provisions of the State can be divided into packages, with appropriate qualifications can be subcontracted to contract, subcontractors shall not be sub-contracted projects.
    Prohibition of the affiliation contract. 18th construction project before construction, the construction units must first apply to the municipal construction Administrative Department for construction permits.
    Municipal construction administrative departments from the date of receipt of the application within 15th construction permit issued to eligible.
    Without construction permits, it may not start.
    19th construction project should be required to the transfer of construction engineering archives. Fourth chapter of 20th and contract management for construction project cost cost should be based on national and provincial and municipal regulations, valuation methods and standards, achieve dynamic management.
    Any unit or individual is not free to improve valuation standards, arbitrary prices, shill or attach unreasonable conditions. Article 21st through public bidding of construction project bidding by country and province, municipal engineering budget, materials, budget price, the movement of materials, engineering cost standard, rate and duration of fixed related provisions. Bid by the bid invitation Unit compiled, also can entrust authorized engineering consulting units.
    Preparation of the bid by the construction Administration Department, recognized, as a formal bid.
    22nd construction project Contracting Parties shall in accordance with the laws and regulations of the contract, and use the Unified contract.
    Construction project construction supervision agencies should sign an agency agreement and the principal unit.
    General contractor contractor subcontracts to other units, shall enter into a subcontract.
    Construction project contracts, must be reviewed by the construction Administrative Department, administration for industry and Commerce attestation. 23rd in the performance of a contract dispute, the two sides should be resolved through consultation and negotiation fails, in accordance with the arbitration clause agreed in the contract or written agreement reached afterwards, apply for arbitration to the arbitration body, may also directly bring a lawsuit.

    The fifth chapter article 24th of quality and safety management system of construction engineering quality supervision.
    Construction Administrative Department of quality supervision institutions should be carried out in accordance with the relevant provisions of the State supervision.
    25th the contractor shall not be used in the building process without the factory certificate or poor quality of building materials, components, equipment, etc.
    Article 26th construction engineering survey, design, construction, construction supervision, should be carried out strictly in accordance with the construction standards, specifications, and consciously accept the construction administrative department or its authorized agency verification and inspection.
    27th construction units should be civilized construction, construction safety and take effective measures to prevent accidents. The construction site should be required to set up support facilities, prohibited stacked outside in the surrounding fence building materials, machinery, and construction jobs. After completion, the construction unit shall promptly remove enclosure and temporary facilities on site, clear construction waste.
    Strictly control construction site dust, emissions, waste water, solid waste and noise, vibration, pollution and harm to the environment.
    The sixth chapter 28th construction project carry out construction supervision system of construction supervision, in accordance with the implementation of the provisional regulations on the construction supervision of XI.
    29th the employer shall, before implementing supervision, supervision of the content, the name of the supervisor, the permissions granted, inform the contractor in writing.
    Contracting Parties must accept the supervision of supervision, in accordance with the requests for technical and economic information.
    30th construction supervising units shall in accordance with the contract for principal responsible, not at the same time with the same project bidding operational business relations between the two sides.
    Supervision shall not be transferable.
    Seventh chapter legal responsibility 31st article violation this approach provides, has following behavior one of of, by construction administration sector depending on plot weight, ordered stop violations, confiscated illegal proceeds, and can at 5000 Yuan above 50000 Yuan following of fine: (a) no qualification grade certificate or beyond Enterprise qualification grade license of business range contracting survey, and design, and construction, and supervision of; (ii) sold, and lent or altered, and forged qualification grade certificate of;
    (C) not complying with the provisions of the registration procedures in project contracting, agency services.
    32nd article violation this approach provides, has following behavior one of of, by construction administration sector ordered stop illegal activities, deadline corrected, and depending on its plot be warning, and sentenced 10000 Yuan following fine, has illegal proceeds of at 30000 Yuan following fine: (a) construction project not reported built of or not made construction license and unauthorized construction of; (ii) will a contracting units can independent contracting of units engineering dismembered Hou employer, and tender of; (three) subcontracting engineering of;
    (D) project management units at the same time with the same project construction, design, operating a materials supply business relationships, and (v) not complying with the obligation to declare the project quality and safety monitoring procedures; (vi) construction supervision for not complying with the regulations; (VII) transfer of supervision services; (VIII) not complying with the provisions of the transfer project archives. 33rd article violates these rules, any of the following acts, project cost by the building administration 1%-5% fine, resulting in the loss, the violator shall bear corresponding liability. Or the person in charge of the project personnel considered circumstances, impose more than 1000 Yuan penalty of 5000 Yuan.
    And by their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) substandard construction projects that sales, commissioning, (ii) use of certificates or of substandard building materials, fittings and fixtures.
    34th article violates these rules, any of the following acts, the construction Administration Department be ordered to stop illegal activities, rectify, and depending on the circumstances, impose on the project cost 1% to 3% of the: (a) the contract conditions do not have their own employer, (ii) construction project bid without bidding or tendering of not complying with the provisions.
    35th article violation this approach of provides, has following behavior one of of, by construction administration sector depending on plot weight, be warning, and ordered stop construction, and can at 2000 Yuan above 10000 Yuan following fine: (a) construction site not according to provides set enclosure facilities of; (ii) engineering completed Hou, not according to provides demolition enclosure facilities, and temporary building facilities and elimination building garbage of; (three) not according to provides take corresponding measures caused pollution and against of.
    36th in violation of provisions relating to business management, industrial and commercial administrative departments shall punish. 37th party refuses to accept the decision on administrative penalty, based on the administrative reconsideration law and the provisions of the administrative procedure law of administrative reconsideration or administrative proceedings.
    If no application for administrative reconsideration, bring a suit, nor performs the decision on punishment, made the decision of the administrative authority may apply to a people's Court according to law enforcement.
    Article 38th construction administration and management staff, neglect their duties or abuse, bribery, deception, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Refuses or obstructs the building administration and administration staff performing official duties according to law, according to the security regulations shall be punished by public security organs constitutes a crime, criminal liability shall be investigated for their.
    39th in accordance with this approach in the fine should be paid in full at the financial, and use of uniformly printed by the financial department confiscated documents.
    Eighth chapter XI ' an in-laws 40th construction Administrative Department in accordance with the measures, formulate implementing rules.
                                                          41st these measures come into force on the date of promulgation.

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