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Xiamen City Construction Project Cost Management Regulations (As Amended In 2004)

Original Language Title: 厦门市建设工程造价管理规定(2004年修正本)

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(Act No. 64 of the Order of the People's Government of the House of Commons No. 64 of 4 September 1997 and amended by the Decision of the Government of the Municipalities of the House, issued by Decree No. 111 of 28 June 2004 on the Abolition, Revision of Partial Government Regulations)

Chapter I General
Article 1, in order to enhance the management of construction works, to determine and effectively control engineering prices, to increase investment efficiency, to defend the legitimate rights and interests of the parties, to develop this provision in conjunction with the city's construction regulations.
Article II. Construction of engineering prices means all construction costs required by construction projects from feasibility studies to pre-utilization, including construction of engineering fees, equipment acquisition fees, other costs for engineering construction, preparatory costs, and interest on construction loans that are included in the construction price. It reflects in particular investment estimates, estimates, budgets and accounts at different stages.
Article III. Construction of work-making prices should be governed by relevant national laws, regulations and scientific approaches, consistent with value regulations, and the legitimate rights and interests of all parties, such as investment, construction, design, construction, construction units, etc., with the safeguarding of national interests.
Article IV provides for the supervision and management of construction work.
In accordance with the work needs of the city's executive authorities, the construction of the construction of the construction of the construction of the construction plant (hereinafter referred to as the municipal engineering establishment authority) was commissioned to implement the construction of construction works.
Other government functions, such as plans, finances, prices, are governed by the construction of works within their respective responsibilities.
Chapter II
Article 5
The engineering price is based on: estimates of indicators (estimated budget indicators), proposed budget levels, budget line (increments in the consolidated budget) unit valuation form, cost-setting (standardity), labour scale, work schedule, material, equipment budget prices, engineering cost index, material price index and index.
Article 6 presents indicators for estimating the current market value (budget estimates), the consolidated budget line unit valuation form, cost criteria, the construction of the engineering material budget price and the direct price index for the construction of the works, which are prepared, revised and promulgated by the municipal authorities in accordance with the actual needs of the construction work in this city.
Article 7
Article 8
The municipal engineering price management customizes new technologies, new materials, new processes used in the construction process, and has issued targeted supplementary projects in a timely manner.
Engineering-based computer software must be identified by the eligible generators and presented to the price management.
Chapter III
Article 9. Investment estimates shall be based on scale-building, standards, selection of major equipment, based on relevant provisions and estimated indicators, budget estimates, the computation form, the computation of the consolidated budget unit, the cost determination (standard) and the integration of dynamic factors such as price, interest rates, risk, etc. for the period up to the completion period, to be prepared by the construction unit or its mandated units.
Article 10 Design estimates should be prepared on the basis of optimization programmes and adjustments to investment estimates. The budget estimates for the financing of the financial nature of the project, the approval of the National Accounts Board and the use of foreign government loans are approved by the municipal planning administration.
Article 11. The design budget shall be based on the construction project investment plan approved by the urban planning administration sector, based on the optimization of design, based on the valuation schedule, the costing (standard) and related provisions, and the integration of dynamic factors such as market materials, price indices and necessary risk factors. The design units should be designed rigorously in accordance with the planned limits to control the establishment.
The construction map budget should be prepared in accordance with the design of map paper, the construction organization design programme, as set out earlier, as a basis for the payment of progress and construction units, and for work.
Article 12 The tendering units, in accordance with the list of works in kind in the solicitation documents and the relevant provisions, are autonomous in the context of the costs that may arise in the construction.
When market-level fiscal-funded construction projects exceed investment plans, the construction units should be presented for approval by the approved sector.
Article 13. The application of tendering shall be based on the intermediate tender price, specifying the scope and manner of the cost adjustments and determining the engineering contract price.
The construction of a direct package shall be based on the construction map budget and determine the contract price in conjunction with the risk factor and the scale of the required adjustments.
The sole-source, external investment, which accounts for more than 50 per cent of the medium-term joint venture construction works, is agreed upon by the unit and the contractor unit in the contract.
Article 14. The construction unit shall, within 30 days of the date of the completion of the construction work test (the contractual agreement, from its agreement), be based on the contract price and, in accordance with the actual circumstances of the engineering design, force majeure, and the national policy adjustments, prepare the completed completion of the work document and provide complete related account information, review of the construction unit, and construction units shall make conclusions on the date of receipt of the computation documents. The construction units for medium-sized construction works and priority construction work must be completed within six months of the completion of the inspection, and other construction works are completed within three months of the completion of the inspection.
Article 15. The municipal engineering price management shall enhance the management of estimates, budgets, accounting and clearance. Budgets and accounts for the financing of the project are executed in accordance with the relevant provisions of the municipal government.
Any unit or individual is prohibited to circumvent the falseness of documents such as the preparation and review of estimates, budgets, accounts, etc., and to pressure, raise prices or add unreasonable conditions.
Article 16 provides that units such as construction, design, construction, consultancy agencies may be invited to interpret, mediation, decision on matters of controversy when they object to the implementation of the construction price and price scheme.
Article 17 Persons engaged in engineering estimates, budgets and accounts shall be eligible by law and shall engage in construction activities within the limits of qualifications.
Chapter IV Intermediation services
Article 18 encourages the establishment of an advisory body for construction of construction works to carry out the construction of a consultancy service.
Article 19 The construction of the engineering price advisory body shall be subject to the corresponding qualifications established by the State and shall operate within the scope of qualifications.
Article 20 may be entrusted by the Engineering Agents Advisory Body with the following operations:
(i) Feasibility studies and investment estimates for construction projects;
(ii) Economic evaluation of construction projects;
(iii) Budget estimates, budget preparation or review of works;
(iv) The preparation of tenders and tenders;
(v) Approval of the price clearance operations commissioned by the relevant sectors.
The engineering price advisory body shall not accept the preparation and clearance of the same consulting document at the same time. The engineering price advisory service operation was commissioned and the author should enter into a written contract with the Engineering Price Advisory Body.
The engineering price advisory body shall not transfer the accepted brokering service operations. The practitioners of the engineering price advisory body shall not accept the commissioning operation in their personal capacity.
Chapter V
Article 21, in violation of article 14 of the present article, provides that an act shall not be completed by a specified period of time, be commuted, warned and punishable by a fine of up to 500,000 dollars.
In violation of article 15 of this provision, documents such as the preparation and review of the construction of engineering estimates, budgets, accounts, etc. are illustrative or randomly pressured, increased prices or additional unreasonable conditions, and are punishable by fines of up to $20,000.
Article 23, in violation of article 17 of the present article, provides that a certificate of eligibility is not obtained for the purpose of the budget, budget, accounting, warning, confiscation of proceeds of an offence and punishable by a fine of up to $20,000.
Article 24 violates this provision by one of the following acts, and punishes them in the light of the circumstances:
(i) Ferding, borrowing, renting, transfer of eligibility certificates may be subject to fines of up to 500,000 dollars; confiscation of proceeds of the conflict with the proceeds of the law; and, in the event of a serious nature, suspension of the certificate of eligibility;
(ii) A person engaged in the budget estimates, the budget and the accounts shall not be warned against the proposed budget for the construction of construction works, the budget, the final consulting operation and may be fined by more than 1,000 dollars.
Article 25 The municipal construction of administrative authorities entrusts the municipal engineering construction authority with the imposition of penalties.
Article 26
Article 27 provides administrative treatment under the law by creating administrative authorities and their staff entrusted with implementing the construction of the construction engineering price monitoring unit toys negligence, abuse of authority, provocative fraud, acceptance of bribes, and legal accountability.
Annex VI
Article 28