Tianjin City, Tianjin Municipal People's Government On The Revision Of The Regulations On The Supervision And Management Of Construction Engineering Decision

Original Language Title: 天津市人民政府关于修改《天津市建设工程监理管理规定》的决定

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(June 21, 2004 Tianjin City Government 30th times Executive Conference considered through June 30, 2004 Tianjin City Government makes 70th, announced since July 1, 2004 up purposes) City Government decided on Tianjin city construction engineering supervision management provides (2001 City Government makes 41st,) for following modified: a, and will 13th article modified for: "engaged in engineering supervision activities of units, should has following conditions: (a) has meet national provides of registered capital; (B) its construction supervision activities engaged in by the statutory licensing of full-time professionals, (c) engaged in activities related to construction equipment, and (iv) other conditions stipulated by laws and administrative regulations. "Second, the modify the 14th to:" application for units engaged in supervision, after obtaining the appropriate level of qualification certificates, to the extent permitted by their level of qualification to engage in management activities. "Third, the 16th article is revised as follows:" approved by the relevant departments under the State Council Central Government in Tianjin and project supervisory units, shall take the qualification certificates to municipal construction administrative departments. "Section four, the 36th is revised as follows:" foreign or Hong Kong, Macao, Taiwan regions and provinces outside of engineering supervision of units engaged in construction supervision activity in this city, shall take the relevant documents to the municipal construction Administrative Department filing procedures. "Five, the 42nd article is revised as follows:" foreign or Hong Kong, Macao, Taiwan regions and provinces outside of engineering supervision in violation of this provision, no filing procedures without authorization of construction supervision activities in this city by the municipal construction administrative departments ordered to go through the formalities, and to a fine of up to 5000 Yuan and 30,000 yuan.
    "The serial numbers of the relevant provisions and individual adjustments and changes in the text.
    This decision shall take effect on July 1, 2004.

    The Tianjin construction engineering supervision regulations pursuant to the present decision be amended accordingly promulgated anew. Attached: Tianjin city construction engineering supervision management provides (2004 amendment this) (June 7, 2001 City Government released June 30, 2004 according to City Government on modified straddling Tianjin construction engineering supervision management provides of decided amendment announced) first chapter General first article to specification construction engineering supervision activities, ensure construction engineering quality, improve construction engineering management level and investment benefits, according to People's Republic of China building method, and construction engineering quality management Ordinance
    (State Council Decree No. 279) and other relevant provisions, combined with the city's actual, these provisions are formulated.
    Article in construction engineering supervision body within the administrative area of the city, must comply with this provision.
    Construction project management in these rules, delegate that refers to the project-engineering supervision units, in accordance with the laws, rules, regulations, technical standards, design files, engineering supervision of construction contracts, construction contracts, and other construction contracts, on behalf of owner of construction project quality, project construction and implementation of the supervision and management of the use of funds.
    Engineering supervision units in these rules refers to supervision qualification certificates, and legally established, has the legal personality of the management companies, management firms and other intermediary organization and supervision of diversified operational engineering, scientific research and engineering consulting units.
    Article III implementation of the construction supervision system in this city.
    Engage in construction engineering supervision activities shall follow the law-abiding, honest, impartial, scientific principles.
    Fourth of municipal construction administrative departments exercise unified supervision and management of construction engineering supervision activities in the city; construction of district and county administrative departments in accordance with the responsibilities assigned to this supervision and management of construction project management activities within the administrative area.
    Transport, water conservancy departments in accordance with state laws and regulations and these provisions, in the context of their respective responsibilities, is responsible for the professional management of construction engineering activities implemented within their respective administrative areas supervisory management.
    Article fifth approved by relevant departments management industry association, as the project supervisor and the supervising engineer to manage discipline of social groups, should be carried out according to the articles of association activities, reflect the opinions and demands of supervision industry, protect legal rights of project supervision and management engineer, project supervision and management engineer violated professional ethics and discipline are to be reprimanded.
    Supervising engineer in these rules refers to legally obtain a supervision engineer qualification and registration for supervision engineer certificate, construction supervising units engaged in the supervision of professionals.
    Chapter II supervision scope and content of article sixth of construction supervision into earlier stage management, design project management, construction and warranty phase supervision. Employer can entrust the engineer assumed all phases of construction engineering supervision, or Commission project management units to assume part of the construction works stage or some element of the overseeing of a stage. However, the construction period and the warranty period shall be entrusted with the supervision of a project management unit.
    Specific scope and content management in construction project management by both sides agreed in the contract.
    Subject to supervision of the construction works shall also be imposed in accordance with the relevant provisions of the State construction engineering quality supervision.
    Article seventh the following construction and warranty phases of the construction project must be subject to supervision: (a) the State key construction projects, (ii) large utility works; (c) into the development and construction of residential project and (iv) use of loans from foreign Governments or international organizations, aid projects and (e) State and the municipality must be subject to supervision of the construction project.
    Article eighth entrusted project supervision prior to the construction phase the main elements are: (a) the study on investment project decisions, (ii) feasibility studies for construction projects.
    Nineth design phase can be entrusted project supervision unit the main elements are: (a) preparation of the design tender document; (b) the design selection; (c) selection of the survey and design units and (iv) assist construction survey, design and supervise the implementation of the contract; (v) verification of design and the investment budget of construction drawing. Tenth Article construction stage can delegate engineering supervision units participation of main content is: (a) assist units determine construction units and points package units; (ii) construction figure budget of audit; (three) assist construction units signed construction contracting contract and supervision implementation; (four) participation construction figure of triage and construction organization design of review; (five) construction engineering using of main material and main equipment of varieties, and specifications, and number, and quality of review; (six) supervision construction units strictly according to construction contracting contract and engineering technology specification, and
    Standard construction; (g) the inspection of construction safe and civilized construction guarantees; (h) design changes, auditing, engineering, the construction site of a Visa check, Visa credit, review of the settlement.
    11th warranty phase may be entrusted project supervision unit to participate in the main elements are: (a) health check of engineering quality, (ii) analysis of engineering quality and (iii) warranty of engineering supervision.
    12th following construction project supervision, shall, before construction bidding supervision units is determined: (a) the relationship between public interests, public relations, public utilities and other large infrastructure projects, (ii) wholly or partly State-owned funds or State financing of investment projects and (iii) using international organizations or foreign government loans or aid projects.
    Engineering supervision units determined by competitive bidding, you can invite the notary notarized.
    Third chapter engineering supervision units 13th article engaged in engineering supervision activities of units, should has following conditions: (a) has meet national provides of registered capital; (ii) has with engaged in of construction engineering supervision activities phase adapted of has statutory practice industry qualification of full-time practitioners; (three) has engaged in related building activities by due of equipment; (four) legal, and administrative regulations provides of other conditions.
    Article 14th units engaged in supervision, after obtaining the appropriate level of qualification certificates, to the extent permitted by their level of qualification to engage in management activities.
    15th new established construction supervising units, their level of qualifications from the minimum grade approved.
    After 3 years of engineering supervision units in quality grading, on their qualifications meet qualifications standards, level of qualification can apply for a promotion. 16th level of qualification the construction supervising units shall undertake a construction engineering supervision business within the scope of supervision as allowed.
    Prohibition of construction supervision unit beyond the range of qualification level of supervision as allowed to undertake construction engineering supervision business.
    Approved by the relevant departments under the State Council Central Government in Tianjin and project supervisory units, shall take the qualification certificates to municipal construction administrative departments.
    17th article engineering supervision units should comply with following provides: (a) right implementation national and this city about construction engineering supervision of legal, and regulations, and regulations, and technology standard and specification; (ii) ban to other engineering supervision units of name or allows other units, and personal to this units of name undertake construction engineering supervision business; (three) strictly perform construction engineering supervision contract, shall not transfer construction engineering supervision business; (four) shall not contracting construction engineering, shall not business building materials, and building frame accessories and equipment;
    (E) the contractor shall not be supervising the project, as well as building materials, fittings and equipment suppliers have affiliations or other interested parties.
    18th engineering supervision units carry out qualified annual inspection system, and accept the supervision and management of the urban construction Administrative Department.
    Fourth chapter supervisor engineer article 19th engineer registration system.
    Construction engineer should have supervision engineer qualification certificate and in accordance with the relevant provisions of the State by the municipal construction Administrative Department of registration for supervision engineer certificate before they can engage in construction engineering supervision business. Achieved registered supervision engineer qualification certificate without personnel shall be subject to supervision engineer in construction supervision activities in the name.

    Article 20th engineer registered, shall also meet the following conditions: (a) obtain a supervision engineer qualification certificate, (ii) or serve on the construction supervising units engaged, and (iii) healthy, capable of engineering supervision for construction needs. 21st article supervision engineers engaged in construction engineering supervision business, should comply with following provides: (a) shall not while in two a above engineering supervision units served or employed; (ii) shall not to personal name undertake construction engineering supervision business; (three) shall not in government organ or was supervision engineering of survey design, and construction units and building materials, and building frame accessories and equipment supply units part-time, shall not and these units has other interest relationship; (four) shall not sold, and lending, and
    Supervision engineer qualification certificate or transfer or alter the post certificate. 22nd article supervision engineers registered application people has following case one of of, city construction administrative competent sector not registered; has registered of, revoked registered, recovered supervision engineers post certificate: (a) no civil capacity or limit civil capacity of; (ii) was sentenced to shall be sentenced to above penalty, penalty full release not over 3 years of, but fault crime except; (three) was revoked supervision engineers post certificate not over 5 years of; (four) fraud cheat supervision engineers post certificate of; (five) legal, and
    Regulation under other circumstances. The fifth chapter article 23rd is subject to supervision of construction engineering supervision, construction supervising units commissioned by the construction should enter into a written contract for construction engineering supervision.
    The main terms of the contract should include the supervision of construction supervision of scope and content, the rights and obligations, standards of supervision fee charging and payments, breach of contract, the two sides agreed that other matters.
    Employer shall within 15th date of construction supervision contract, contract construction administrative departments of construction supervision for the record.
    24th the construction supervising units shall be under the supervision of construction supervision contract business, established in conformity with the provisions of Chief supervision engineer supervision staff supervision, engineer, and other institutions.
    Construction stage of the construction project supervision and supervision bodies should be implemented into the construction site supervision. 25th General supervising engineer in charge of construction supervision.
    Chief management engineer should be in accordance with overall responsibility for the supervision of construction projects construction supervision contract work.
    Construction engineer performs the supervision duties, and shall promptly report to the General supervising engineer in site supervision.
    26th article construction engineering supervision General should according to following program for: (a) prepared construction engineering supervision planning; (ii) by construction engineering progress, points professional prepared construction engineering supervision rules; (three) according to construction engineering supervision rules for supervision; (four) participation engineering completed acceptance, signed construction engineering supervision views; (five) construction engineering supervision business completed Hou, to units submitted construction engineering supervision archives information.
    27th engineer should be in accordance with the requirements of engineering overseeing standard, site, site inspections and parallel test forms, supervision of construction project.
    28th before implementing the construction project supervision, construction engineering supervision units, supervision of delegates should be content, permission of the Commissioner and the Chief supervision engineer's name, written notice to the supervisor.
    General supervising engineer in construction project supervision mechanism should be composed of people's names and the permission of the Commissioner, written notice to the supervisor.
    Article 29th supervising units shall be subject to supervision and management of project supervision, in accordance with the requirements of construction supervision unit provide complete and necessary information in a timely manner. Article 30th without supervision engineer sign, building materials, fittings and equipment shall not be used on the construction or installation, operation construction construction units shall not be carried out.
    Without a Chief supervision engineer sign units not allocated project funds, not acceptance.
    Chief supervision engineer is entitled to suggest removal of substandard construction subcontractors and project leaders and staff.
    31st engineer found design does not meet the construction engineering quality standards and design specifications or quality requirements stipulated in the contract, it shall report to employer designed to correct.
    Supervision engineers considered construction does not meet the design requirements, technical standards and agreed upon in the contract, the right to demand corrections from the construction units.
    Article 32nd owner instructions issued in violation of the law, regulations and construction supervision contract, Chief supervision engineer is entitled to refuse to carry, and notify the owner in writing.
    Article 33rd Chief management engineer should be fair coordination unit and supervision unit of the controversy.
    34th construction supervision fees charged for in accordance with State and city regulations, all units and individuals are not allowed to reduce and improve.
    Foreign investment, Sino-foreign joint ventures and foreign loan fee charging standard of construction project supervision and payment with reference to international practice by both parties to resolve, but not below the national standard.
    Cost of construction supervision into project investment plan, and expenses from the project budget.
    35th foreign companies, community organizations, or Hong Kong, Macao and Taiwan companies, social organizations in this city of independent investment projects need foreign engineering project management units to undertake business should employ domestic construction supervising units to participate in and cooperate with supervision.
    Sino-foreign joint venture construction projects shall entrust a domestic construction supervising units; does have the necessary may entrust foreign construction supervision unit in connection with the construction project supervision or the supervision of recruiting foreign consultants.
    Construction project of foreign loans and domestic construction supervising units shall generally be responsible for supervision; if the lender requires foreign supervisory units to, should cooperate with the domestic project supervision supervision.
    Construction project for the construction of foreign or overseas donations, grants, domestic engineering project management units to undertake business in General.
    Article 36th foreign or Hong Kong, Macao, Taiwan regions and provinces outside of engineering supervision of units engaged in construction supervision activity in this city, shall take the relevant documents to the municipal construction Administrative Department filing procedures.
    Sixth chapter penalty provisions article 37th in violation of this provision shall be subject to supervision of the implementation of any construction project supervision, ordered to rectify, of less than 200,000 yuan and 500,000 yuan fine.
    38th article construction units violation this provides should take tender way determine engineering supervision units and not for tender of, or to other way avoid tender of, ordered its deadline corrected, can at construction engineering supervision contract amount 5 ‰ above 10 ‰ following of fine; on all or part using state-owned funds of construction project, can suspended project implementation or suspended funds allocated; on units directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions.
    39th construction in violation of this provision, is not within the time stipulated in contract construction administrative departments of construction supervision, fines of between 10,000 yuan.
    40th construction supervising units in violation of these provisions go beyond the level of qualification to undertake construction engineering supervision business of, ordered to stop the illegal practice of project supervision unit construction engineering supervision contract supervision payment more than 1 time fined not more than twice times serious, its qualification certificate; illegal income shall be confiscated.
    Without obtaining the certificate of qualification to undertake construction engineering supervision business, shall be banned, in accordance with the provisions of the preceding paragraph shall impose fines illegal income shall be confiscated.
    Fraudulently obtained certificate of qualification to undertake construction engineering supervision business and its qualification certificate, in accordance with the provisions of the first paragraph of this article shall impose fines illegal income shall be confiscated.
    41st Central Government in Tianjin and supervision units in violation of these provisions, without filing unauthorized undertake construction engineering supervision business in this city by the municipal construction administrative departments ordered to go through the formalities, and to a fine of up to 5000 Yuan and 30,000 yuan.
    42nd foreign or Hong Kong, Macao, Taiwan regions and provinces outside of engineering supervision in violation of this provision, no filing procedures without authorization of construction supervision activities in this city by the municipal construction administrative departments ordered to go through the formalities, and to a fine of up to 5000 Yuan and 30,000 yuan.
    43rd construction supervising units violates the present provisions allow other units or individuals to undertake construction engineering supervision business on behalf of the entity, be ordered to rectify, confiscate the illegal income, project supervisor construction engineering supervision contract supervision payment more than 1 time fined not more than twice times; may order rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification.
    44th construction supervising units in violation of the provisions of transfer engineering supervision business, ordered to rectify, confiscate the illegal income, construction supervision contract supervision and payment of fines of 25% more than 50% below; may order rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification.
    45th article engineering supervision units and construction units or construction units collusion, fraud, and reduced engineering quality of, or will not qualified of construction engineering, and building materials, and building frame accessories and equipment according to qualified signed of, ordered its deadline corrected, at 500,000 yuan above 1 million Yuan following of fine, reduced qualification grade or revoked qualification certificate; has illegal proceeds of, be confiscated; caused loss of, bear joint compensation responsibility.
    Article 46th engineering supervision units in violation of these provisions, and supervision of the contractor as well as building materials, fittings and equipment suppliers have affiliations or other interested parties to undertake the construction project supervision services, rectification, fines of between 50,000 yuan and 100,000 yuan, lower level of qualification or qualification certificates revoked; illegal income shall be confiscated. 47th construction supervising units in violation of State regulations to reduce construction quality standards, resulting in serious accidents, constitutes a crime, the persons directly responsible shall be investigated for criminal liability.

    48th construction supervising units in violation of State, relevant provisions, and the certificate has been revoked, by the Administrative Department for industry and commerce shall revoke its business license.
    49th article violation this provides, not made supervision engineers qualification certificate or is has made supervision engineers qualification certificate but without registered and unauthorized to supervision engineers of name undertake construction engineering supervision business of, and supervision engineers violation engaged in supervision business provides of, by city construction administrative competent sector at 1000 Yuan above 30,000 yuan following of fine; plot serious of, revoked its supervision engineers qualification certificate or post certificate.
    50th engineer quality accident caused by fault, shall be ordered to stop practising 1; resulting in significant quality accident, revoke a supervision engineer certificate shall be rejected for registration within 5 years; circumstances are especially bad, life is not registered.
    51st in violation of this provision, in charge of construction sector and other related construction engineering supervision management staff of administrative departments in dereliction of duty, abuse of authority or engages in a disciplinary sanction constitutes a crime, criminal responsibility shall be investigated according to law. The seventh chapter by-laws article 52nd transportation, water conservancy construction engineering supervision activities such as the application of this provision.
    State transportation and supervision of water conservancy construction project special provisions from its provisions.
    53rd Tianjin economic and technological development zone, the Tianjin Port bonded area huayuan industrial park, Tianjin new technology industrial park of supervision and management of construction engineering supervision activities, these provisions shall apply.
                                                                                                                      54th these provisions come into force on July 1, 2004.

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