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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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(Adopted by the 30th ordinary meeting of the People's Government of the city of Zenin on 21 June 2004 No. 70 of 30 June 2004 by the Order of the People's Government of the city of Zenin, which came into force on 1 July 2004)

The Government of the city has decided to amend the Regulations on the Management of the Construction of Engineering in the city of Zenin (No. 41 of the 2001 People's Government Order) as follows:
Amending Article 13 as follows:
(i) There are registered capitals consistent with national requirements;
(ii) A dedicated practitioners who are eligible for legal qualifications in connection with the construction of engineering activities;
(iii) There shall be technical equipment appropriate to carry out related construction activities;
(iv) Other conditions under law, administrative regulations.”
Article 14 was amended to read: “Acquies for a unit engaged in the operation of the construction office shall be allowed to carry out a reasonable activity within the limits of its qualifications.
Article 16, paragraph 2, was amended to read: “The central engineering unit approved by the relevant Departments of State shall be certified by a hierarchy of qualifications to the establishment of administrative authorities”.
Article 36 should be amended to read: “Institutional units in foreign or port, au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-au-Prince and in the area of self-government in the province shall take the relevant documents into account the procedures for the construction of administrative authorities in the city”.
V. amend article 42 as follows: “It is a violation of this provision by the engineering institutions of foreign or port, aucasca, treasury area, and the Overseas Province's autonomous areas, and the absence of a pending process for the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the office of the administrative authority, with a fine of up to 3,000 dollars.”
The relevant articles are structured and modified accordingly.
This decision has been implemented effective 1 July 2004.
The SARS is re-published in accordance with the relevant amendments to this decision.

Annex: Oxford City Construction Engineering Administration (Amendment 2004)
(Adopted on 7 June 2001 by the Government of the city on 30 June 2004 in accordance with the decision of the Government of the city to amend the regulations on the management of the construction of works in the city of Zenin)
Chapter I General
Article I, in order to regulate the construction of work treasury activities, ensure the quality of construction work, increase the level of construction management and investment benefits, develop this provision in the light of the construction law of the People's Republic of China, the regulations on quality management of construction works (Act No. 279) and other relevant provisions.
Article 2 governs the construction of works within the city's administration and must comply with this provision.
This provision refers to the supervision of construction units in accordance with laws, regulations, relevant technical standards, design documents, construction contracts, construction of engineering contracts, construction of engineering contracts and other construction contracts, representing oversight management by construction units for the quality of construction works, construction of work periods and the use of funds.
This provision refers to the establishment and acquisition by law of a certificate of excellence, the design of work, scientific research and the construction of counselling units for social intermediary organizations and part-time operations, such as a corporate institution, a custodial service.
Article 3.
In carrying out construction work, the principles of integrity, integrity, justice and science should be followed.
Article 4
In accordance with national laws, regulations and present provisions, the relevant sectors such as transport, water, etc. are responsible for monitoring the management of the activities of the heads of institutions responsible for professional construction in the present administration area, within their respective responsibilities.
Article 5 has been established by law by the relevant authorities as a social group for the self-regulation of the engineering institution and the treasury engineers, and should be carried out in accordance with the statute of the Association, reflecting the opinions and requirements of the treasury industry, defending the legitimate rights of the engineering institutions and the treasury engineers, and corrections to the treasury units and the treasury engineers in violation of professional ethics and industrial discipline.
This provision refers to the acquisition by law of PAE and the registration of certificates for PAE posts, and to the professional staff working in the PAE.
Chapter II Scope and content
Article 6. The construction of the engineering office is structured into the pre-constructation, the design phase, the management of the construction phase and the maintenance phase.
The construction units may entrust engineering units with the management of all stages of construction work, or may entrust the engineering treasury units with the management of a part of the construction work or a certain element of a stage. However, the construction phase and the maintenance phase should be entrusted with the same engineering institution. Specific scope and content are agreed by both parties in the construction of the construction of the construction contract.
The construction of the institution should also be monitored in accordance with the relevant national provisions.
Article 7: The construction phase and maintenance phases of construction work as follows:
(i) National focus construction works;
(ii) Large medium-sized utility works;
(iii) The construction of small-scale residential areas for photo development;
(iv) The use of loans from foreign Governments or international organizations to assist funds;
(v) Other construction works that must be carried out by the State and the city.
Article 8
(i) Policy studies on investment projects;
(ii) Feasibility studies for construction projects.
Article 9. The design phase may entrust the main elements of the involvement of the engineering unit:
(i) Preparation for the design of solicitation documents;
(ii) The selection of design programmes;
(iii) The selection of surveys, design units;
(iv) To assist construction units in the conduct of surveys, design contracts and supervision of implementation;
(v) Verification of construction map design and investment estimates.
Article 10
(i) Assistance in the establishment of construction units and subcontractors;
(ii) Approval of the construction map budget;
(iii) To assist construction units in the conclusion of construction contracts and supervision of implementation;
(iv) Participation in the review of the preparation of the construction map and the design of the construction organization;
(v) Review of the types, specifications, quantity and quality of major materials and major equipment used for construction;
(vi) Supervision of construction units in strict compliance with contractual contracts and engineering technical norms, standard construction;
(vii) Inspection of security and civilization construction assurance measures;
(viii) A review of the design of changes, a visa on the construction site, inspection of the works, a visa for the payment of the works, and the settlement of the work.
Article 11. The main elements that the construction unit may be entrusted with participating are:
(i) Examination of the quality of the work;
(ii) Analysis of the quality of the work;
(iii) Construction oversight.
Article 12: The following construction project shall be governed by tendering prior to construction:
(i) Projects such as public interest in society, large infrastructure for public relations and utilities;
(ii) All or partial use of national funds investment or national financing projects;
(iii) The use of international organizations or foreign government loans and assistance projects.
The approval of the engineering institution by means of solicitation may be invited to conduct a public certificate.
Chapter III
Article 13 units engaged in the conduct of the work treasury shall have the following conditions:
(i) There are registered capitals consistent with national requirements;
(ii) A dedicated practitioners who are eligible for legal qualifications in connection with the construction of engineering activities;
(iii) There shall be technical equipment appropriate to carry out related construction activities;
(iv) Other conditions under law, administrative regulations.
Article XIV applies to units involved in the conduct of work treasury activities, with a corresponding hierarchy of qualifications certificates, which may engage in the exercise of the institution within the limits of their qualifications.
The new construction unit established under article 15 is approved at the lowest level.
After three years of the qualifications, the engineering unit could apply for the promotion of the previous hierarchy of qualifications, which meets the criteria for the quality of its qualifications.
Article 16 shall carry out construction operations within the scope of the award of a hierarchy of qualifications. It is prohibited that the engineering unit exceeds the scope of the qualification of the unit's qualification.
The Central Engineering Observatory, approved by the relevant departments of the Department of State, should be certified by a hierarchy of qualifications to the establishment of administrative authorities.
Article 17
(i) The right implementation of the laws, regulations, regulations, technical standards and norms of the State and the city relating to the construction of the works;
(ii) Prohibition of the construction of the operation in the name of other engineering units or allow other units, individuals to take advantage of the construction operation in the name of this unit;
(iii) The strict implementation of the construction of the construction of the treasury contract and the transfer of the construction of the treasury operation;
(iv) Non-contracted construction works shall not operate construction materials, construction components and equipment;
(v) The construction units and the construction materials, construction components and equipment supply units shall not be subordinated or other stakes.
Article 18 provides for a quality annual inspection system and is subject to supervision by municipal authorities.
Chapter IV
Article 19
The PAE shall be in possession of a certificate of qualification of the PAE and, in accordance with the relevant provisions of the State, may engage in the construction of the treasury operation.
The acquisition of a certificate of eligibility for PAE, but not registered, shall not be carried out on behalf of PAE.
Article 20 Applications for the registration of PAE shall be accompanied by the following conditions:
(i) A certificate of eligibility for PAE;
(ii) The appointment or appointment of the engineering institution;
(iii) Physical health, which is competent to build the needs of the construction of the work.
Article 21
(i) No one shall be appointed or recruited at the same time in two engineering units;
(ii) The construction of the operation shall not be carried out in the name of the individual;
(iii) No investigation design, construction units, and construction materials, construction components and equipment supply units shall be designed or operated by governmental organs or by the prison administration, without prejudice to those units;
(iv) No sale, borrowing, transfer or courier certificate or post certificate.
The second article includes one of the following cases in which the PAE is registered and the municipal authorities are not registered; registrations have been removed and the PAE certificates are recovered:
(i) There is no civil capacity to conduct or to limit the capacity of civil conduct;
(ii) Be sentenced to imprisonment for more than three years of imprisonment, with the exception of an offence;
(iii) The release of the award for the post of PAE for more than five years;
(iv) Discuss the voucher for the award of the post of Engineer;
(v) Other cases provided for by law, regulations.
Chapter V Implementation
Article 23 provides for the construction of a treasury and the construction unit shall enter into a written construction engineering contract with its mandated engineering units. The main provisions of the construction of the construction of the construction contract should include the scope and content of the institution, the rights and obligations of both parties, the criteria for the payment of the fees and other matters agreed by the parties.
The construction units should report on the construction of administrative authority cases within 15 days of the date of the construction of the construction of the engineering contract.
Article 24 should be established by the Purchase Unit, in accordance with the treasury operation agreed upon in the construction of the treasury contract, with the establishment of the institution of a treasury engineer, the treasury engineers and other negligible personnel.
With regard to the management of the construction work phase, the institution of the institution should be in the field of construction.
Article 25 The General Architects should be fully responsible for the construction of the engineering project, in accordance with the construction of the engineering contract.
In particular, the PAE performs its responsibilities and should report on the state of administration in a timely manner to PAE.
Article 26
(i) Preparation of the construction of the construction of the treasury planning;
(ii) The professional development of the construction of the engineering rule in accordance with construction work progress;
(iii) The conduct of a treasury in accordance with the construction of the treasury rules;
(iv) Participation in the completion of the work test and signing the construction of the treasury;
(v) Upon completion of the construction of the engineering administration, information on the construction of the construction unit is submitted to the construction unit.
In accordance with the requirements of the Code of Conduct, the second treasury engineers shall take the form of sidelines, trajectory and parallel tests to construction.
Article 28, pre-implementation of the construction of the construction unit, should inform the treasury of the names of the authorized engineering units, the contents of the institution, the authority of the treasury and the treasury engineers in writing.
The Director-General of Technology should inform the institution of the construction of the names of the personnel and the delegation of authority.
Article 29 shall be subject to the supervision of the engineering inspectorate and provide complete and necessary information in a timely manner, as required by the engineering institution.
Article 33, without the signature of the charging engineers, construction materials, construction components and equipment shall not be used or installed in construction works, and construction units shall not carry out the construction of the next working order. Without the signing of the General Architects, the construction units do not disburse the works and do not carry out the clearance.
PAE has the right to recommend the removal of non-qualified construction subcontractors and project holders and associated personnel.
Article 31 found that the engineering design was not in accordance with the quality requirements of the construction of engineering quality standards, the design of norms or contractual agreements, and should report on the construction unit's requirements for the conversion of design units.
The PAE considered that construction was not in accordance with the engineering design requirements, the construction technical standards and the contract agreement, and was entitled to require the change of construction units.
Article 32 states that the construction units are in violation of the provisions of the law, regulations and the construction of the treasury contract and that the PAE is entitled to refuse implementation and informs the construction units in writing.
Article XIII should be impartially coordinated by the General Inspectorate of Technology and the controversy between the construction unit and the institution.
Article 34 quantification of construction costs is carried out in accordance with the relevant provisions of the State and the city, and no units and individuals shall be allowed to decrease and increase.
External investment, medium-term joint ventures and foreign loan-building projects are subject to standards and payment modalities, which are addressed in the light of international practice, but are not less than domestic standards.
Construction costs are included in the engineering project investment plan, which is reflected in the engineering estimates.
The construction project for the independent investment of foreign companies, associations or ports, companies and associations in the region, and associations in this city requires the authorization of foreign engineering institutions to take over the operation of the institution, and the participation of domestic engineering institutions and cooperation in the administration of justice.
The construction projects of the medium-term joint venture should be entrusted with the administration of the domestic engineering unit; there is a need to entrust foreign engineering units with the construction of the construction project or to engage foreign governors.
The construction project for foreign loans should generally be administered by the domestic engineering institution; if the loan party requires the participation of foreign institutions, cooperation with the domestic engineering institution should be judged.
Foreign or external contributions, grants-building construction projects are generally carried out by domestic engineering institutions.
Article 36 Foreign or Port-au-au-Prince, Macao, zone, and the construction of engineering institutions in the autonomous areas of the province of the province should be documented to the establishment of administrative authorities.
Chapter VI Corporal punishment
The construction unit, in violation of this provision, has not been able to carry out the construction work that should be carried out by the prison administration, has been responsible for the change of its duration, with a fine of over 500,000 dollars.
Article 338, in violation of this provision, shall take a solicitation to determine whether the engineering institution does not carry out the solicitation or otherwise circumvent the solicitation, order the period of time to be converted to a fine of up to 10 per cent of the amount of the construction of the contract for construction of the construction of the construction of the construction of a construction project for the full or partial use of State funds, may suspend the execution of the project or suspend the disbursement of funds; and administrative disposal of the competent and other direct responsible personnel directly responsible for the unit.
In violation of this provision, the construction unit did not report the construction of the construction contract to the administrative authority for construction within the prescribed period, with a fine of up to 10,000 dollars.
Article 40 PAPU violates this provision that goes beyond the quality of the construction of the treasury operation, imposes an end to the offence, pays more than two times the treasury of the construction contract agreed to by the PAE; in the case of serious circumstances, the release of a certificate of excellence; and the confiscation of proceeds of the offence.
The failure to obtain a certificate of qualifications to carry out the construction of the engineering operation is prohibited by fines pursuant to the preceding paragraph; confiscation of the proceeds of the violation.
Emission of a certificate of excellence for the construction of a engineering operation by means of deceivation, a payment of a fine in accordance with paragraph 1 of this article, and confiscation of proceeds of an offence.
Article 40 of the Central Office of the Ombudsman, in violation of this provision, has not been authorized to carry out construction work in the city without charge, which is due to the establishment of administrative authorities for the duration of service and may be fined by more than 3,000 dollars.
Article 42, Foreign or Port-au-Prince, Macao, wards and engineering units in the area of self-government in the province, violates this provision, and does not have the process to carry out construction activities in this city, with the establishment of administrative authorities responsible for the completion of the deadline and with a fine of up to $30,000.
Article 43 thirteenth, in violation of this provision, allows other units or individuals to carry out construction operations in the name of the unit, ordering them to change their duration, forfeiture the proceeds of the law, paying more than two times the fine of the treasury of the construction contract agreed to by the construction of the construction of the engineering office of the engineering unit, which may be responsible for the suspension of the operation to reduce the level of qualifications, and, in the case of serious circumstances, the revocation of the award.
Article 44 quantification units, in violation of this provision, transfer of the operation of the engineering inspectorate, are responsible for changing the period of time, forfeiture of proceeds of the law, paying more than 50 per cent of the award agreed in the construction of the construction of the engineering contract, and may be responsible for the suspension of the operation and the reduction of the level of qualifications, in the event of serious circumstances, and the suspension of the award.
Article 48 fractures with construction units or construction units, misleading breaks, lowering the quality of the works, or disqualified construction works, construction materials, construction components and equipment, in accordance with their qualifications, are subject to a fine of over 500,000 dollars, lowering the level of qualifications or reversing the quality of the award; having the proceeds of the law, forfeasing them; causing losses and sharing liability.
In violation of this provision, the construction contractor and the construction materials, construction components and equipment supply units are subordinate or otherwise profitable to the operation of the construction works, with a fine of over 50,000 dollars, lowering the level of money or distributing certificates, and confiscation of the proceeds of the offence.
Article 47 provides that the engineering unit violates the State's standards for reducing the quality of the work, resulting in major security accidents, constituting an offence and criminal responsibility for the direct responsible person.
Article 488, in violation of the relevant provisions of the State and the city, was revoked by the commercial administration to revoke its business licence.
Article 49, in violation of this provision, does not obtain a certificate of eligibility for PAE or, in spite of the existence of a certificate of qualification for PAE, but without registration, the construction of the engineering operation in the name of the PAE, as well as a fine of up to 3,000 dollars for the construction of administrative authorities in the city, in violation of the requirements of the custodial operation; in serious circumstances, the release of its certificate of qualification or job certificate.
Article 50 PAE is responsible for the discontinuation of one year of the operation due to the misperception of a quality accident; the release of its post certificate of Engineers, the non-registration of five years; and, in exceptional circumstances, the absence of registration for life.
Article 50, in violation of this provision, provides administrative disposal to staff members of the executive authorities and other relevant administrative authorities who perform negligence, abuse of authority, provocative fraud, and criminal responsibility under the law in the construction of the work administration.
Chapter VII
Article 52 governs the activities of specialized construction works such as transport and water. The State's heads of specialized construction works, such as transport, water and electricity, are given special provisions.
Article 53 governs the management of construction activities in the zinc economic technology development area, the zinc port tax area, the SARS, and the Xindu industrial plant area.
Article 54