Chongqing Construction Engineering Supervision Management Methods

Original Language Title: 重庆市建设工程监理管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(February 10, 2003, Chongqing Municipal People's Government Executive meeting of the 2nd review on February 19, 2003, Chongqing Municipal People's Government, the 148th release) Chapter I General provisions article to strengthen the management of construction engineering supervision, according to the People's Republic of China construction law, construction engineering quality management regulation and other laws and regulations, combined with Chongqing reality, these measures are formulated.
    Second construction project supervision within the administrative area of the city and related management procedures apply.
    Construction projects in these measures refers to civil engineering, construction engineering, wires, pipelines and equipment installation and decoration works.
    Construction project management in these measures refers to the construction supervising units commissioned by the construction unit, within the scope of the supervision contract, in accordance with the law, regulations and related technical standards, design documents and construction project contracts, construction quality and construction period and use aspects of supervision of construction funds.
    Engineering supervision units in these measures refers shall obtain the qualification certificate for construction supervision unit, with legal personality, to the professional supervision of construction engineering enterprises.
    Third municipal construction Administrative Department is responsible for the supervision and management of construction engineering supervision.
    District (County, City) construction administrative departments, in accordance with administrative privileges on the supervision and management of construction engineering supervision within the administrative area.
    Transport, water conservancy administrative departments in accordance with relevant laws and regulations, as well as their respective responsibilities, with the construction administrative departments at the same level for the professional supervision and management of construction supervision.
    Article fourth of construction supervision shall follow the law-abiding, honest, impartial, scientific guidelines.
    Fifth chapter project management units in the city and setting up a project management unit shall obtain a municipal construction project engineer qualification certificate issued by the administrative departments, and business and tax registration after registration, before they can practice.
    Qualification of the sixth construction supervising units are divided into a, b, c 3 level, project supervision conditions, scope of business approved by the qualification, in accordance with the relevant provisions of the State and municipal governments. Engineering supervisor qualification examination and approval in accordance with the following provisions: (a) qualification of the municipal construction administrative departments after examination and construction administrative departments under the State Council for examination and approval. Among them, the professional qualification of project construction supervision by the municipal construction Administrative Department in conjunction with the related administrative departments after examination and construction administrative departments under the State Council for approval, (ii) class b, class c qualification approved by the municipal construction Administrative Department.
    Among them, the professional qualification of project construction supervision by the city in conjunction with the related administrative departments after examination and approval by the Administrative Department for approval.
    Qualification grade of construction supervision unit list of units made by the municipal construction Administrative Department uniform to society announcements.
    Supervisor qualification examination by the municipal construction administrative departments, related departments in charge, but may not charge annual fees. Seventh article application engineering supervision units qualification, should to city construction administrative competent sector provides following information: (a) engineering supervision units qualification applications; (ii) business administration sector approved name notice; (three) Enterprise articles; (four) registered capital and business places of proved file; (five) units head and technology head of work resume, and supervision engineers qualification certificate, about proved material; (six) engineering supervision personnel of supervision engineers qualification certificate; (seven) legal, and regulations, and
    Other information prescribed by regulation.
    Eighth of municipal construction Administrative Department after accepting an application for qualification of construction supervision unit, should be decided at the 30th and notify the applicant in writing, shall not be approved or do not agree with in the first instance, it shall explain the reasons.
    Nineth field engineering supervision units in Chongqing to undertake project supervising business shall register with the municipal construction Administrative Department filing procedures.
    Country (territory) engineering supervision units in Chongqing to undertake supervision services, in accordance with the relevant procedures set by the State.
    The State Council, industry, transportation and other administrative departments in the municipal engineering supervision units are established and quality management, in accordance with the relevant provisions of the State. Tenth Article engineering supervision units engaged in construction engineering supervision Shi, should comply with following provides: (a) according to qualification grade license of supervision range undertake engineering supervision business; (ii) shall not transfer engineering supervision business; (three) shall not and was supervision engineering of survey design, and construction units and building materials, and building frame accessories and equipment supply units has membership or other interest relationship; (four) shall not to was supervision engineering of construction units specified material equipment of production supply manufacturers; (five) shall not forged, and altered, and
    Lend or transfer certificate of qualification. 11th chapter engineering supervision personnel project supervising personnel in these measures, refers to the works supervisor qualifications and registration for post certificate, engineering supervision of construction supervising units engaged in the business of professional and technical personnel.
    Job into Chief supervision engineer, engineer and Inspector.
    12th engineer practice must hold a relevant administrative departments of the State Council issued a supervision engineer qualification certificate and city construction, transportation, water conservancy and other relevant administrative departments of the supervision engineer certificate issued by; as Chief supervisor also is subject to examination and obtained the municipal construction administrative Chief supervision engineer certificate issued by the competent authorities before they can post.
    Obtain supervision engineer qualification certificate but unregistered personnel shall be subject to supervision engineer supervision on behalf of. 13th article engineering supervision personnel engaged in construction engineering supervision Shi, should according to provides perform post duties, and comply with following provides: (a) shall not while in 2 a above engineering supervision units served; (ii) shall not to personal name undertake engineering supervision business; (three) shall not in was supervision engineering of survey design, and construction units and building materials, and building frame accessories and equipment supply units part-time or with has other interest relationship; (four) shall not forged, and altered, and
    Lend or transfer engineering supervision personnel qualification certificate or post certificate.
    Article 14th annual examination system for registered supervision engineers, years of an eligible Party can continue to practise. 15th article supervision engineers applicants belongs to following case one of of, not registered; has registered of, by registered organ recovered supervision engineers practice industry certificate and announcement cancellation: (a) no civil capacity or limit civil capacity of; (ii) was sentenced to shall be sentenced to above penalty, and penalty full release not over 3 years of, but fault crime of except; (three) by revoked supervision engineers practice industry certificate punishment, not over 3 years of; (four) without registered unauthorized to registered supervision engineers of name for supervision activities and was administrative punishment
    And not more than 3 years (v) due to major economic offences subject to administrative punishment, not more than 3 years, and (vi) provide false registration materials; (VII) other circumstances as stipulated by the municipal people's Government. Fourth chapter supervisor 16th construction project supervision into prior to the construction phase, design, supervision, construction preparation phase, construction supervision and warranty phase supervision.
    Prior to the construction phase, the design phase, the warranty period is subject to supervision, determined solely by the employer.
    Units as needed may be entrusted with supervision of a project management unit to pay for all phases of the business, may also appoint several engineering project management units at different stages of business, preparation and supervision at construction stage can only be entrusted with a project management unit. 17th article following construction project must implemented supervision, not by provides implemented supervision of, about management sector shall not handle related built tube procedures, shall not issued construction license: (a) national and city of focus construction engineering; (ii) building installation engineering total investment in 6 million Yuan above of industrial, and traffic, and water, and municipal public based facilities, construction engineering; (three) total area in 8000 square meters above of residential community construction engineering,
    Monomer construction area of more than 3000 square metres of industrial and civil engineering (iv) total investment in the project of more than 500,000 yuan (v) use of loans from foreign Governments or international organizations, aid projects and (f) must be subject to supervision of State or municipal construction project.
    District (County, City) construction administrative departments can be based on the reality on the ground, set lower than the scale prescribed in the preceding paragraph, shall not be reduced by these measures to determine the scope of the project, implemented after being approved by the people's Governments at the same level, and municipal construction administrative departments.
    Other construction projects other than provided for in the preceding two paragraphs are subject to supervision for construction projects, determined solely by the employer.
    18th is subject to supervision of construction projects, the construction unit shall be entrusted with the appropriate qualifications and scope of business license of supervision unit supervisor.
    Article 19th in addition to key projects, government investment and financing of construction projects in accordance with State bidding mode choice of the relevant provisions of, and supervision units, other select projects through bidding of construction engineering supervision units, determined solely by the employer. 20th is subject to supervision of construction projects, the construction unit shall sign written agency appointment contract and project supervisory units.
    Main content of agency appointment contracts should include: supervision of the scope and content, the rights and obligations, project management fee charging and payments, breach of contract, the two sides agreed that other matters and so on.
    21st engineer supervision services under the contract, was established by Chief supervision engineer, engineer and other supervision supervision body consisting of, and submission to the employer delegation Chief supervision engineer and its supervision bodies of the main members list, the supervision plan. Before implementing the supervision for construction projects, the construction unit shall provide the surveying, design and construction by notice in writing, inform the supervisor names, supervision, supervision and the Chief supervision engineer's name etc; Chief management engineer should be written notice to survey, design and construction, inform the project supervision agencies personnel name and permissions.

    Article 22nd of supervision in construction stage supervision agencies should be moved into the construction site, according to the requirements of engineering overseeing standard, site, site inspections and parallel testing of construction engineering supervision.
    23rd project supervision unit in construction project management and project supervision personnel, construction does not meet the design requirements, technical standards for the construction and contract have the right to demand correction of construction enterprises discover design does not meet the construction engineering quality standards or quality requirements stipulated in the contract, it shall report to employer designed to correct.
    General supervising engineer in construction of engineering quality and safety hazard, should be in accordance with the permission of the Commissioner timely instructions shutdown instructions and construction units should be implemented.
    Article 24th without supervision engineer sign, building materials, component parts and equipment shall not be used in engineering or installation, operation construction construction units shall not be carried out without Chief supervision engineer sign, construction works shall not be allocated, not for acceptance.
    Chief management engineer, the engineer shall not be specified or implied use of a supplier of building materials, component parts and equipment terms should not be used to deliberately vendor or contractor, asked stakeholders for property.
    25th in the process of implementing supervision unit for investigation, design, construction units and units of the directive scope is enabling supervision of engineering construction, should be released by Chief supervision engineer.
    Construction directives issued in violation of laws and regulations, Chief supervision engineer is entitled to refuse to carry, and notify the owner in writing.
    26th supervising units shall not build units or investigation, design, construction units and equipment and materials suppliers, collusion, fraud, damage the State or the legitimate interests of others.
    27th employer finds the engineer personnel under contract to perform supervisory duties or investigation, design, construction, and equipment and materials suppliers colluded to unit or damage caused by construction projects, construction unit has the right to request a change of supervisor, until the termination of the contract and require the supervisor to assume corresponding liability or joint and several liability.
    28th construction supervising charges included in the project budget, standard units and project supervisory units in accordance with the country and the requirements specified in the appointment contract.
    Sino-foreign joint ventures and wholly foreign-owned and foreign loans, grants, donations, projects, project management fees and method of payment, determined by reference to the international practice of the parties after consultation.
    Fifth chapter legal liability article 29th in violation of this regulation, must be subject to supervision of construction projects are not subject to supervision, construction administration departments at or above the county level shall, in accordance with the State Council of the relevant provisions of the regulations on the management of construction engineering quality, correction, fines of between 200,000 yuan and 500,000 yuan.
    Article 30th violates these rules, construction engineering supervision entrusted to does not have a corresponding certificate of project supervision, construction administration departments at or above the county level shall, in accordance with the State Council of the relevant provisions of the regulations on the management of construction engineering quality, correction, fines of between 500,000 yuan and 1 million Yuan.
    31st engineering supervision violates these rules, beyond the scope of this unit qualification to undertake project supervising business, construction administration departments at or above the county level shall, in accordance with the State Council of the relevant provisions of the construction engineering quality management regulation shall be ordered to stop supervision, contract supervision payment more than 1 time fined not more than twice.
    Has not obtained the qualification certificate for construction supervision unit to undertake project supervising business, shall be banned, in accordance with the provisions of the preceding paragraph shall impose fines illegal income shall be confiscated.
    32nd construction supervising units in violation of the rules of transfer engineering supervision business, construction administration departments at or above the county level shall, in accordance with the State Council of the relevant provisions of the regulations on the management of construction engineering quality, correction, confiscate the illegal income, 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. 33rd article engineering supervision units violation this approach provides, and was supervision engineering of contracting units or building materials, and building frame accessories and equipment supply units has membership relationship, and business sex service relationship or other interest relationship, accept the items construction engineering of supervision business of, by County above construction administrative competent sector in accordance with State construction engineering quality management Ordinance of about provides, ordered corrected, at 50,000 yuan above 100,000 yuan following of fine, reduced qualification grade or revoked qualification certificate; has illegal proceeds of,
    Shall be confiscated.
    34th article engineering supervision units violation this approach provides, and construction units or was supervision engineering of contracting units collusion, fraud, and reduced engineering quality of, by County above construction administrative competent sector in accordance with State construction engineering quality management Ordinance of about provides, ordered 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.
    35th field engineering supervision units in violation of the rules without a registered municipal construction administrative departments, to undertake supervision of business of this municipality, and construction administration departments at or above the county level by the relevant provisions of the building management Ordinance in Chongqing, to order the suspension of supervision, to a fine of up to 50,000 yuan and 200,000 yuan.
    Article 36th Engineer in violation of the rules, 2 or 2 or more supervision practice, or to personally undertake the supervision of the business of, be warned by the construction administrative departments above the county level, and contract supervision payment to 10% up to 20% the fine, but no more than 30,000 yuan. 37th party Administrative Department on the construction of specific administrative acts, may apply for reconsideration or initiate litigation to the people's Court directly.
    Party fails to apply for reconsideration or bring a lawsuit does not comply, the administrative departments to formulate specific administrative acts apply to the people's Court for compulsory execution. Article 38th national staff in the supervision and management of construction engineering supervision work, dereliction of duty, abuse of power, favoritism and given administrative sanctions according to law.
    A suspected crime, transferred to judicial organs for handling.
                                                                      Sixth chapter supplementary articles article 39th these measures shall take effect on April 1, 2003.

Related Laws