Ningxia Hui Autonomous Region, Construction Cost Management

Original Language Title: 宁夏回族自治区建设工程造价管理规定

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(January 14, 2004 the people's Government of Ningxia Hui autonomous region at the 26th Executive meeting January 21, 2004, people's Government of Ningxia Hui autonomous region, the 61st release as of March 1, 2004) Chapter I General provisions article in order to standardize the construction cost and protection project construction of the legitimate rights and interests of the parties, promote healthy development of construction market, according to the relevant laws and regulations, combined with this practice, these provisions are formulated.
    Second construction cost in these rules refers to construction projects from planning to completion during use required the full cost, including construction and installation costs, equipment and purchase fees, other fees, preparation fees and construction loan interest during the construction period.
    Article autonomous region within the administrative area of the construction cost and management activity, these provisions shall apply.
    Fourth construction administrative departments of the people's Governments above the county level shall exercise supervision within the administrative area of construction project cost management.
    State and district municipal construction Administrative Department is a member of the construction project cost management agency (hereinafter referred to as project cost management), responsible for construction cost of specific operations.
    Transportation, water conservancy, electric power, the State Council of construction project cost management agencies on cost pricing is based on the autonomous region shall be responsible for the construction cost of the professional competence.
    Development and reform, fiscal, price and other administrative departments, in accordance with their respective responsibilities, to make engineering cost management of construction work.
    Second chapter pricing according to of developed and management fifth article construction engineering cost of pricing according to including following content: (a) engineering estimates index and estimates index; (ii) engineering estimates fixed, and budget fixed, and units valuation table and the costs fixed and duration fixed; (three) engineering construction artificial, and material (equipment) and construction mechanical Taiwan class price; (four) engineering volume listing pricing specification; (five) national and autonomous regions provides of other pricing according to.
    Article sixth construction cost basis into a unified valuation basis, a one-time supplementary valuation basis and valuation basis.
    Consolidated valuation basis consists of autonomous administrative authorities in accordance with national standards, combining with the autonomous regions prepared and implemented.
    One-off supplementary valuation basis by the autonomous construction cost management based on project needs and organization.
    Valuation basis in accordance with the national authorities and the relevant provisions of the State.
    Article seventh autonomous regional unified pricing basis or one-time supplementary valuation basis of construction enterprises, shall be paid in accordance with the relevant provisions of the State and the autonomous communities project fixed determination of costs.
    Engineering fixed determination of costs charged by a unifying project cost management agencies of the autonomous region. Article eighth construction enterprises and construction of State uniform valuation basis or a one-time supplementary valuation basis has any objections, can submit written observations to the construction Administration Department of the autonomous region.
    Construction Administrative Department of the autonomous region should be since the date of receiving the written opinions in the 20th, to respond. Nineth cost dynamic management of construction projects.
    State institutions should regularly publish of project cost management of artificial price, engineering materials, finished and semi-finished products, equipment and price information.
    City divided into districts of engineering cost management, responsible for investigating calculates the price of construction materials in the region, and provide all kinds of material price information, State agencies issuing of construction cost management. Third chapter cost of prepared and control tenth article construction engineering cost should according to following provides prepared: (a) construction project of investment estimates, according to investment estimates index, prepared period of pricing according to and construction during price changes, factors prepared; (ii) construction engineering design estimates, in investment estimates of range within, according to estimates index, and estimates fixed, and costs fixed and market information, factors and the about provides prepared; (three) construction engineering construction figure budget, according to construction figure, and budget fixed, and units valuation table, and Market information, and approved of Engineering category and costs grade, prepared; (four) construction engineering tender bid, according to tender file, and construction figure, and budget fixed, and units valuation table, and market information, and approved of Engineering category and costs grade, prepared; (five) construction engineering bid quotes, according to tender file, and construction figure, and market information, and enterprise fixed or related fixed,, combined enterprise of technology conditions and management level prepared; (six) used engineering volume listing form prepared engineering cost of,
    In accordance with the engineering quantity list valuation standards; (VII) construction project settlement, based on the project cost of the construction contract, combined with the adjustment of the contract contents are compiled. Categories and fee levels set forth in the preceding paragraph, approved by the engineering cost management.
    Specific measures for approval in accordance with the relevant provisions of the State and the autonomous communities.
    Without authorization, no unit or individual is allowed to increase or reduce the cost categories or levels.
    11th construction project investment estimation and designing budget and construction budget and settlement of construction engineering, engineering cost consulting qualification units according to law; design or construction enterprises are capable of preparing, could also be developed.
    Bidding of construction engineering, capable of preparing tender documents by the tenderer or its authorized qualified engineering cost consulting agencies or the tender agent system.
    Construction engineering bidding, bidders or their authorized qualified engineering cost consulting agencies.
    12th construction project contracting and Contracting Parties shall in the construction contract project cost and adjustment of content and style.
    All or part of State-owned funds invested or State financed construction projects, the employer and the contractor in contract of project cost, reported by the employer before construction project cost management of filings.
    The construction projects contracted through public bidding according to law of the provisions of the preceding paragraph, list price and the contract price should be the same, without authorization, no unit or individual is allowed to raise or lower the engineering cost.
    13th Party requested Contracting Party finished ahead of or quality over construction quality standards stipulated in the contract of the project, increasing the project cost shall be specified in the contract.
    14th for adjustment of project cost in construction, shall be signed by the employer and contractor in writing.
    All or part of State-owned funds invested or State financed construction projects, when revising the construction cost construction unit, shall be reported to the appropriate record of project cost management. 15th Contracting Parties shall from the date of acceptance of construction projects within 30th settlement submitted to the employer.
    Contracting Parties shall from the date of receipt of the completed construction project settlement in the 30th, making audit conclusions.
    16th all or part of State-owned funds invested or State financed construction projects completion settlement, the employer shall, from the date of the completion of the audit in the 10th, the corresponding record of construction cost management.
    17th the developer and contractor of construction project completion settlement of disputed, by consensus, on both sides, to the appropriate agency for mediation in writing of project cost management. Engineering cost management institution shall, from the date of receipt of applications for 15th, mediate. A conciliation agreement, institutions should mediation of construction cost management and served on the party.
    The Parties shall conscientiously perform the mediation agreement.
    Cannot reach agreement through mediation, the parties may apply for arbitration or a lawsuit.
    Fourth chapter 18th practice of engineering cost management in engineering cost consultation units, shall apply to the construction Administration Department of the autonomous region of the engineering cost consulting qualification certificate (hereinafter certificate).
    Without obtaining the certificate of qualification shall not engage in construction cost consulting business.
    19th professionals engaged in engineering cost consulting business, or budget should have a construction cost engineer qualification.
    Personnel shall not engage in that are not qualified engineering cost consulting business.
    20th engineering cost consulting units outside the area in the autonomous region within the administrative area of engineering cost consulting business, shall hold a certificate of qualification to the place of construction projects construction Administrative Department filing procedures and be subject to its supervision and management.
    21st engineering cost consultation unit shall undertake the registration of engineering cost consulting projects, build parts, system and file management system.
    22nd article engineering cost advisory units engaged in engineering cost advisory business, shall not has following behavior: (a) forged, and altered, and rental, and transfer, and sold qualification certificate; (ii) beyond qualification certificate approved of range undertake engineering cost advisory business; (three) and employer party, and contracting party each other collusion, and fraud, improve engineering cost; (four) accept same tender file, while for employer party and contracting party provides engineering cost advisory business.
    Fifth chapter penalty is 23rd article violation this provides, has following behavior one of of, by construction administrative competent sector ordered deadline corrected; late not modified of, sentenced 1000 Yuan to 10000 Yuan of fine, and to engineering funds management sector or monitored sector informed about situation: (a) unauthorized improve or reduced engineering category and costs grade of; (ii) not to engineering cost management institutions record of; (three) unauthorized improve or down engineering cost of.
    24th article violation this provides 18th article provides, not made qualification certificate of units engaged in engineering cost advisory business of, by construction administrative competent sector give warning, has illegal proceeds of, can sentenced illegal proceeds 3 times times following of fine, but highest not over 30000 Yuan; no illegal proceeds of, can sentenced 1000 Yuan to 10000 Yuan of fine; to others caused loss of, law bear compensation responsibility. 25th in violation of the provisions of article 19th, of a person not qualified in engineering cost consulting business, by construction Administrative Department to give warning, rectification; fails to change, impose a fine of 1000 to 5000 Yuan; cause damage to others shall bear liability.

    26th engineering cost consulting unit in violation of the provisions of any of the acts prohibited by article 22nd, given warning by construction administrative departments, has illegally obtained, can be imposed illegal gains fined not more than 3 times, but not exceeding 30000; no illegal income, and may impose a fine of 1000 to 10000.
    27th where administrative penalties to the construction Administrative Department disagrees with the decision, may apply for administrative reconsideration or bring an administrative suit.
    Party fails to apply for administrative reconsideration or bring an administrative action, nor performs the decision of administrative penalty, made the decision on administrative penalty of construction Administrative Department apply to a people's Court for compulsory execution.
    28th construction project cost management of construction Administrative Department and institution for dereliction of, abuse of power, favoritism and minor disciplinary warning or demerit; if the heavier, given a demerit, demotion or dismissal in serious cases, expelled.
                                                                                                Sixth chapter supplementary articles article 29th these provisions come into force on March 1, 2004.