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Chongqing Construction Engineering Supervision Management Methods

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

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(Summit No. 148 of 19 February 2003)

Chapter I General
Article I, in order to strengthen the management of the construction of the treasury, develops this approach in line with the laws, regulations, such as the National People's Republic of China Building Act, the Quality Management Regulations for Construction.
Article 2
The construction works described in this approach refer to the installation and renovation of engineering, construction works, pipelines and equipment.
This approach refers to the construction of the engineering institution entrusted by the construction unit and, within the framework of the contract agreement, in accordance with legal, regulatory and related technical standards, design documents and construction contracts, supervision of the quality of construction works, construction of work periods and the use of funds.
This approach refers to the acquisition by law of a certificate of qualifications of the engineering unit, a legal personality and an enterprise that conducts professional oversight of construction.
Article 3 provides for the supervision of the construction of the treasury.
The establishment of administrative authorities in the district (Autonomous Regions, municipalities) is governed by the management authority.
In line with relevant laws, regulations and respective responsibilities, the relevant administrations, such as transport, water and electricity, cooperate with the same-level administrative authorities in overseeing the management of this professional construction work.
Article IV is engaged in the construction of engineering institutions and should be guided by the principles of law, integrity, justice and science.
Chapter II
Article 5 establishes a engineering unit in this city, which shall obtain a certificate of qualifications for the construction of a nuclear-professional engineering unit of the administrative authorities and the processing of business and tax registration procedures.
Article 6
The qualifications of the engineering inspectorate shall be approved in accordance with the following provisions:
(i) Level A is based on the approval of the State Department's executive authority following the first instance agreement of the municipal authorities to build administrative authorities. In this regard, the special engineering construction office is based on the approval of the State Department's executive authority, following the approval of the Municipal Authority, with the consent of the first instance of the relevant administration;
(ii) Level B, level C, is approved by the municipal authorities. Of these, the special engineering construction is based on approval by the municipal administration authorities after review of their consent with the relevant administration.
The number of units that have obtained the qualifications of the engineering unit is shown by the establishment of administrative authorities in the city.
The treasury of the treasury unit is governed by the municipal executive branch, which is responsible for the relevant professional authorities in the city, but is not charged with the annual charges.
Article 7. The qualifications of the engineering office shall provide the following information to the municipal authorities for the establishment of the executive branch:
(i) Applications for the qualifications of the engineering unit;
(ii) A letter of title approved by the business administration;
(iii) Business statutes;
(iv) A certificate of registration of capital and place of business;
(v) The work of the heads of units and technical heads, the relevant supporting materials, such as the certificate of qualifications of the PAE;
(vi) The certificate of qualifications of the PAE personnel;
(vii) Other information provided under laws, regulations and regulations.
Article 8. Upon application of the qualifications of the construction of administrative authorities in the city, a decision shall be taken within 30 days and shall be communicated in writing to the applicant without approval or in the first instance to the extent that it does not agree.
Article 9. The field engineering unit is committed to the operation of the engineering treasury and should conduct registration proceedings with the municipal authorities.
In the country (in the country), the MOE took over the course of the institution and is governed by national regulations.
The establishment and quality management of an administrative authority, such as industry, transport, is carried out in accordance with the relevant provisions of the State.
Article 10 When the engineering unit works in construction, the following provisions should be observed:
(i) Carrying out the engineering operation in accordance with the scope of the qualification;
(ii) No transfer shall be made of the work manager's operation;
(iii) No investigation designs, construction units and construction materials, construction components and equipment supply units shall be subordinated or other stakes to the treasury engineering;
(iv) No production supply plant for the equipment designated by the construction units of the custodial works;
(v) There shall be no falsification, alteration, borrowing or transfer of a certificate of qualifications.
Chapter III
Article 11. This approach refers to professional technicians who have obtained qualifications and registered job certificates under the law and who are engaged in the engineering administration. The functions are divided into the Chief of Justice, the Chief of Justice and the Auditor-General.
Article 12 The executive branch of the PAE must hold a certificate of qualifications for the executive branch of the State and the certificates of office engineers issued by the relevant administrative authorities, such as the construction, transport, water, etc., to the executive branch; and to serve as the PAE, subject to the examination of qualifications and access to the general certificates of engineers issued by the municipal administration authorities.
The acquisition of a certificate of qualifications for the executive branch of the PAE, but not registered, shall not be carried out in the name of the PAE.
Article 13
(i) No one shall be held at the same time in two engineering units;
(ii) 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 or other stakes shall be established in the treasury works;
(iv) No falsification, alteration, borrowing or transfer of a certificate of eligibility or post certificate for the engineering manager.
Article 14 introduces the annual review system of the PAE, which may continue to operate.
Article 15. The applicant of the PAE is one of the following cases and is not registered; the registered authority has recovered the certificates of the PAE and has written off:
(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, with the exception of an offence;
(iii) The suspension of the award of the PAE, which is not more than three years;
(iv) Administrative penalties for failure to register self-registered conduct in the name of the PAE, for more than three years;
(v) Administrative penalties for major economic offences are not over three years;
(vi) Provision of false registration applications;
(vii) Other cases provided by the Government of the city.
Chapter IV Implementation
Article 16 provides that construction is structured in the pre-construction period, the design phase, the preparation phase of construction, the management of the construction phase and the maintenance phase. The construction phase, the design phase, and whether the maintenance phase is in place, is determined by the construction units themselves.
The construction unit, as required, may entrust a engineering unit with the full phase of the operation of the administration of justice, or may entrust several engineering units with the various stages of the operation of the administration of justice, but the construction preparation and construction phases are only entrusted to the same engineering institution.
The following Article 17 construction projects must be carried out by the executive branch, which shall not be subject to the relevant construction procedures and shall not be granted a construction licence:
(i) Focus construction works at the national and municipal levels;
(ii) Construction of a total investment in construction works in more than 6 million dollars of industrial, transport, water and utilities infrastructure;
(iii) Construction of construction works in a small area of over 8,000 square meters, with a general industrial and civilian construction area of more than 300,000 square meters;
(iv) Total investment in immigration works of over 500,000 dollars;
(v) Use loans from foreign Governments or international organizations for the construction of aid funds;
(vi) The Government of the State or the municipality stipulates that other construction works must be carried out.
The establishment of administrative authorities in the district (Autonomous Regions, municipalities) may establish lower-cost criteria based on local realities, but shall not narrow the scope of projects identified under this scheme, report on the implementation of the same-ranking people's approval and report on the establishment of administrative authorities in the city.
Whether construction projects other than construction projects provided for in the previous paragraphs are administered by the construction units themselves.
Article 18 provides for the construction of a treasury, and the construction unit should entrust with the conduct of a treasury unit with a corresponding hierarchy of qualifications and operational licence.
In addition to priority works, government investment and financing, construction works should be chosen in accordance with the relevant provisions of national and municipal tenders, and whether other construction works would select engineering units through tendering, by building units themselves.
Article 20 provides for the construction of the institution, which shall enter into a written award contract with the engineering institution. The main elements of the award contracts should include: the scope and content of the institution, the rights and obligations of both parties, the collection and payment of the fees, the breach of responsibility and other matters agreed by the parties.
Article 21 shall be established by the Office of the Chief of Justice, the Chief of the Judicial Engineer, the Chief of the Judicial Engineer and other administrators, in accordance with the contract-administered operation, and shall inform the construction units of the General Architects Engineer and the main members of its institution of the institution of the administration of justice.
Prior to the construction project implementation, the construction units should send a written notice to the survey, design and construction units to inform the directory of matters such as the name of the institution, the contents of the institution, the authority of the institution and the name of the master manager; and the Director-General's Engineer should send a written notice to the survey, design and construction units to inform the project manager of the names of its personnel and the delegation of authority.
Article 22, the institution responsible for the operation of the construction phase should be placed on the construction site and, in accordance with the requirements of the standards of the engineering administration, the executive direction and the parallel inspection of construction works.
In the construction of the engineering institution and its engineering staff, in the construction of the engineering administration, construction technology standards and contractual agreements are entitled to require the restructuring of the construction enterprise; it is found that the engineering design does not meet the quality standards of construction work or the quality requirements of the contract agreement, it should be reported that the construction units are required to change the design units.
The construction units should be carried out in accordance with the precautionary directives of the Director General, which endanger the quality and security of the work.
Article 24, without the signature of an POE, shall not be used or installed in construction materials, construction components and equipment, and construction units shall not be allowed to carry out the construction process; and construction units shall not be disbursed without the signature of the General Inspector of Science, construction units shall not be distributed to the works.
The PAE may not designate or imply the use of a supplier's construction materials, construction components and equipment; nor shall it use its mandate to deliberately harass suppliers or contractors and to provide the owner with the property.
Article 25 In the course of the implementation of the institution-building directives for the survey, design, construction units and related units shall be authorized by the Director-General, which shall be issued through the PAE.
The directives issued by the construction units violate the provisions of the law, legislation and regulations and the authority of the PAE to refuse implementation and to notify the construction units in writing.
Article 26 shall not collate with construction units or surveying, design, construction units and equipment providers, for example, to justify breaks and undermine the legitimate interests of States or others.
Article 27 of the construction unit found that the custodian did not perform the functions of the treasury or caused damage to the construction units or construction works in collusion with the survey, design, construction units and equipment providers, and that the construction unit would be entitled to require the replacement of the treasury personnel until the termination of the contract and the requirement for the payment of the corresponding liability or associated liability.
Article 28 provides for the construction of a treasury fee in the engineering budget, which is agreed upon by the construction unit and the engineering institution in accordance with national and related provisions.
Medium-term joint ventures, sole-source and foreign loans, grants, donor-building works are determined by the parties in the light of international practice.
Chapter V Legal responsibility
In violation of this approach, construction units are not subject to a fine of more than 500,000 dollars for the construction work that must be carried out.
The construction unit, in violation of this approach, is entrusted with the construction of a engineering institution without commensurate qualifications, with the administrative authorities at the district level responsible for the conversion of more than half a million yen in accordance with the relevant provisions of the State Department's Quality Management Regulations.
In violation of this approach, the PAPU is responsible for stopping the conduct of the institution by paying more than two times the treasury pay of the contract agreement.
The failure to obtain a certificate of qualifications of the engineering unit to carry out the work performed by the engineering inspectorate shall be prohibited and fined in accordance with the preceding paragraph; the confiscation of the proceeds of the offence.
In violation of this approach, the PAPU has transferred the operation of the construction of the treasury, in accordance with the relevant provisions of the State Department's Regulations on the Quality of Construction of Engineering, to be responsibly, forfeiture the proceeds of the offence, paying more than 50 per cent of the award agreed upon by the contract; may be responsible for the suspension of the operation and the reduction of the level of qualifications; and, in exceptional circumstances, the suspension of the award.
In violation of this approach, the PAPU has a subordinate relationship with the contractor's or construction materials, construction components and equipment supply units, business service relations or other stakes, accepted the treasury operation of the construction works by the administrative authorities at the district level, in accordance with the relevant provisions of the State Department's Regulations on Quality Management of Construction Engineering, ordered to be restructured, with a fine of more than 500,000 dollars, lowering the level of money or distributing certificates, and forfeasing the proceeds of the offence.
In violation of this approach, the construction of the engineering unit has resulted in a series of fines with the construction unit or the contractor under the administration of the construction of the engineering quality, a break-down and a reduction in the quality of the work, which is to be converted by the administrative authorities at the district level above, in accordance with the relevant provisions of the State Department's Regulations on Quality Management of Engineering, with a fine of more than 500,000 dollars, lowering the level of money or distributing the certificate of credit; confiscation of proceeds from the law; and liability for loss.
In violation of this approach, the Field Engineering Architects Unit is responsible for the cessation of the conduct of the treasury and for the imposition of fines of up to 200,000 yen without the registration of the administrative authorities in the city.
In violation of this approach, PAE provides that in two or more treasury units, or in the name of the individual, the institution is warned by the administrative authorities at the district level for the construction of administrative authorities and that it may be fined by more than 20 per cent of the award of the award agreed to by the contract.
Article 37 does not correspond to the specific administrative actions of the executive authorities, such as construction, and may apply for review or direct prosecution to the People's Court in accordance with the law. The parties did not apply for reconsideration and did not sue the People's Court, and the executive authorities that had made specific administrative acts applied for enforcement by the People's Court.
Article 338 State staff are subject to administrative disposition by law in the context of the construction of the supervision of the construction of the construction of the engineering office. Those suspected of committing crimes were transferred to the judiciary.
Annex VI
Article 39 of this approach was implemented effective 1 April 2003.