People's Republic of China promulgated by Decree No. 662
Is now published on the Department of State on the modify the survey and design of construction projects Management Ordinance decision, as of the date of promulgation.
Prime Minister Li keqiang
The June 12, 2015
The State Council on amending the regulations on the management of survey and design of construction engineering decision
Decision of the State Council regulations on the management of the survey and design of construction projects as follows: Increased a article, as 40th article: "violation this Ordinance provides, survey, and design units not according to project approved file, urban and rural planning and the professional planning, national provides of construction engineering survey, and design depth requirements prepared construction engineering survey, and design file of, ordered deadline corrected; late not corrected of, at 100,000 yuan above 300,000 yuan following of fine; caused engineering quality accident or pollution and ecological damage of, ordered closed reorganization, reduced qualification grade; plot serious of, revoked qualification certificate; caused loss of, Shall bear the liability for damages.
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In addition, the 25th article of the "urban planning" is amended as "town and country planning", and clause order was adjusted accordingly.
This decision shall come into force as of the date of.
The survey and design of construction projects Management Ordinance be revised according to this decision, republished.
Survey and design of construction projects management
(September 25, 2000, People's Republic of China promulgated by Decree No. 293, published June 12, 2015, the State modified the survey and design of construction projects Management Ordinance revision of the decision) Chapter I General provisions
The first in order to strengthen the management of construction engineering survey, design, guarantee the quality of survey and design of construction projects, to protect people's lives and property safety, this Ordinance is enacted.
Article on construction survey and design activities, and must comply with these regulations.
Construction survey mentioned in these regulations refers to according to the project requirements, identifying, analysing, evaluating construction sites of geological and geographical features and geotechnical conditions, preparation of construction survey and documentation activities.
Construction project mentioned in these regulations refers to according to the project requirements, required for the construction of technology, economy, resources and environment synthetically analysis, feasibility studies, preparation of construction design documents activity.
Third survey and design of construction projects should be commensurate with the level of socio-economic development, integrating economic, social and environmental benefits.
Fourth engaged in survey and design of construction engineering activities should adhere to the principles of investigation, design, construction.
Fifth administrative departments of people's Governments above the county level construction and transportation, water conservancy, and other relevant departments shall, in accordance with the provisions of this regulation, strengthen the supervision and management of construction engineering survey and design activities.
Construction of engineering investigation and design units must be carried out survey and design of construction projects, strictly enforce the engineering construction compulsory standard, and be responsible for the quality of survey and design of construction projects.
Sixth the State encourages construction in engineering survey and design activities in the use of advanced technologies, new materials, advanced technology, advanced equipment and modern management methods.
Chapter II administration of qualifications qualifications The seventh State of units engaged in construction project surveying, design, and implementation of the quality management system.
Specific measures for the construction administrative departments under the State Council departments concerned under the State Council.
The eighth construction engineering survey and design units should be allowed by their level of qualification within the framework of contract construction survey and design business. Prohibition of the construction of engineering investigation and design units beyond their level of qualification to the extend permitted or other construction survey and designing institutions on behalf of the contract construction survey and design business.
Prohibition of the construction of engineering investigation and design units to allow other units or individuals in the name of the contract construction survey and design business.
Nineth State engaged in survey and design of construction engineering activities of professional and technical personnel, to use the practice qualification registration management system.
Unregistered construction survey and design personnel, shall not be registered on behalf of practitioners engaged in construction survey and design activities.
Tenth construction project surveying, design registered practitioners and other professionals can only be employed in a construction engineering investigation and design units is not employed in the construction of engineering investigation and design units shall not engage in construction engineering survey and design activities.
11th construction survey and design unit certificates and practitioner registration certificate, produced by the construction Administration Department of the State Council.
Chapter III contract awarding and construction survey design contract
12th construction engineering survey, design, developer contracted through public bidding according to law or direct contracting.
13th construction engineering survey and design shall be in accordance with the People's Republic of China bidding provisions of the law, contracted through public bidding.
14th construction project surveying, design evaluation, should be based on the bidder's performance, reputation and reconnaissance, design staff as well as the advantages and disadvantages of survey and design on the basis of comprehensive assessment. 15th construction engineering survey, design of the Tenderer shall bid candidate recommended by the Committee in determining the winning bidder programme.
However, construction survey, design of the tenderer that the bid Committee recommended candidates unable to best meet the requirements of the tender documents, it shall be re-tendered.
16th the following construction engineering survey, design, approved by the competent authorities, can be contracted out directly:
(A) of a particular patent or proprietary technology;
(B) architectural shapes have special requirements;
(C) other construction engineering survey, design of the provisions of the State Council.
17th article the employer shall not project survey and design business subcontractors do not have appropriate surveying, design qualification grade of construction engineering investigation and design units.
18th outsource the entire construction project surveying, design contract for a survey and design units can also be construction engineering survey, design, awarding several reconnaissance and design units, respectively.
19th article apart from the main part of the construction project surveying, design, by the written consent of the employer, the contractor can build projects in other parts of the survey, design and then to others with the appropriate level of qualification of construction survey and design units.
20th construction survey and design units shall not contract by subcontracting the survey and design of construction projects.
21st contracting parties must be in construction survey, design qualification certificate of qualification and business contract a construction project surveying, design business.
22nd construction engineering survey, design of the employer and the contractor, shall implement the national survey and design of construction projects program.
23rd survey and design of construction projects to the employer and the contractor shall enter into a contract for construction engineering survey, design.
24th construction engineering survey, design, employer and contractor shall implement relevant State construction engineering survey costs, design costs of regulation.
Fourth chapter construction survey and design documents and implementation
25th construction engineering survey, design documents, should be based on the following:
(A) project approval documents;
(B) urban and rural planning;
(C) the engineering construction compulsory standard;
(D) depth of survey and design of construction engineering requirements prescribed by the State.
Railways, transportation, water conservancy and other major construction projects, and should be based on the requirements of professional planning.
Article 26th construction survey documents produced, shall be true and accurate, and meet the construction project planning, site selection, design, rock and soil management and construction needs.
Preparation of the project design document, should meet the need of preparing budget proposals for preliminary design and control.
Preparation of preliminary design documents, preparation of bidding documents, should be met mainly equipment and materials ordering and preparation of construction drawing design document needs.
Preparation of construction drawing design documents, equipment and materials procurement, should be met the needs of non-standard equipment fabrication and construction, indicating construction and reasonable life.
27th design document, selection of materials, components, equipment, you should indicate its specifications, models, and other technical indicators, the quality requirements must be in line with the State standards.
In addition to the special requirements of building materials, special equipment and technology, outer, design units shall not designate manufacturers and suppliers. 28th article construction, construction company, the engineer shall not modify the construction survey and design files; necessitates modification of construction engineering survey, design documents, should be modified by the original construction of engineering investigation and design units. By written consent of the original construction of engineering investigation and design units, units may also appoint other qualified engineering investigation and design units modified.
Modify Unit assume responsibility for modification of survey and design files.
Construction unit and supervision unit in construction engineering survey, design documentation does not conform to the engineering construction compulsory standard, quality requirements stipulated in the contract, shall report to the project owner, employer entitled to survey and design of construction projects on construction survey supplement, modify, design file.
Survey and design of construction projects need major changes the file's content, the construction unit shall be submitted to the original examination and approval authority for approval, and may be amended.
29th construction survey and design files provided by new technologies, new materials, might affect construction quality and safety, and no national technical standards, should be nationally accredited testing organizations to test, demonstrate, and test reports issued by, and by the relevant departments under the State Council or provincial, autonomous region or municipality concerned organization of construction project after a Committee of technical experts, can be used.
Article 30th engineering investigation and design units shall, before construction, indicate to the contractors and supervision company construction engineering survey, design, explains construction survey and design files.
Construction survey and design units should be in engineering survey and design issues that occur in a timely manner.
Supervision and administration of the fifth chapter 31st construction administrative departments under the State Council for the national construction survey and design activities shall exercise unified supervision and management.
State Railways, transportation, water conservancy and other relevant departments under the State Council duties, is responsible for the national professional project investigation, design, supervision and administration activities. Construction of local people's Governments at or above the county level administrative departments within the administrative area of construction survey, design implementation supervision and management.
Local people's Governments at or above the county level transportation, water conservancy and other relevant departments within the scope of their respective duties, is responsible for the administration of the professional construction engineering survey, design, supervision and administration activities.
32nd construction survey and design unit in engineering survey and design qualification certificate of business across departments and regions undertake the investigation, design business, obstacles to the relevant local people's Governments and their subordinate departments shall not shall not charge any fees in violation of State regulations.
Article 33rd construction administrative departments of the people's Governments at or above the county level transportation, water conservancy, and other relevant departments should be involved in the construction drawing design documents of public interest, public safety, engineering construction compulsory standard review.
Construction drawing design documents without approval of the review, and shall not be used.
34th article of any units and individuals for construction engineering survey and design activities violations have the right to report, complaint, complaints.
Chapter Sixth penalty
35th article eighth in violation of this Ordinance, shall be ordered to desist from the illegal act, contract survey costs, design costs more than 1 time fined not more than twice times, illegal income shall be confiscated and may order the rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification.
Has not obtained the qualification certificate to contract projects, shall be banned, in accordance with the provisions of the preceding paragraph shall impose fines illegal income shall be confiscated.
Obtaining qualification certificates by deception to contract projects and its qualification certificate, in accordance with the provisions of the first paragraph of this article shall impose fines illegal income shall be confiscated.
The 36th in violation of the provisions of this Ordinance, without registration, without permission to register the project survey and design personnel engaged in survey and design of construction projects on behalf of activities, shall be ordered to desist from the illegal act, confiscate the illegal gains, illegal gains more than twice times 5 times less fine cause damage to others shall bear liability. 37th article violation this Ordinance provides, construction engineering survey, and design registered practice industry personnel and other professional technicians not employed Yu a construction engineering survey, and design units or while employed Yu two a above construction engineering survey, and design units, engaged in construction engineering survey, and design activities of, ordered stop violations, confiscated illegal proceeds, at illegal proceeds twice times above 5 times times following of fine; plot serious of, can ordered stop implementation business or revoked qualification certificate; to others caused loss of,
Shall bear the liability for damages.
38th in violation of these regulations, party construction survey, design business subcontractors do not have the appropriate level of qualification of construction survey and design units, correction, fined not more than between 1 million Yuan and 500,000 yuan.
39th in violation of the provisions of this Ordinance, construction engineering survey and design unit by subcontracting the contract of construction engineering survey, design, correction, confiscate the illegal income, contract survey costs, design costs 25% more than 50% of fine, it may order the rectification, reducing the level of qualification in serious cases, revoked the certificate of qualification.
40th article violation this Ordinance provides, survey, and design units not according to project approved file, urban and rural planning and the professional planning, national provides of construction engineering survey, and design depth requirements prepared construction engineering survey, and design file of, ordered deadline corrected; late not corrected of, at 100,000 yuan above 300,000 yuan following of fine; caused engineering quality accident or pollution and ecological damage of, ordered closed reorganization, reduced qualification grade; plot serious of, revoked qualification certificate; caused loss of, law bear compensation responsibility.
41st in violation of the provisions of this Ordinance, any of the following acts, in accordance with the regulations on the management of construction engineering quality 63rd provides for punishment:
(A) reconnaissance unit was not in accordance with the engineering construction compulsory standard inspection;
(B) the design is not based on survey results document for engineering design;
(C) design specifies the manufacturers and suppliers of building materials, building components;
(D) design units are not designed in accordance with engineering construction compulsory standard.
42nd article of the regulations shall be ordered closed, reducing the level of qualification and revocation of qualification certificate, certificate of administrative penalties, decided by the authority that issued the qualification certificate, certificate; other administrative penalties, the construction administrative department or other relevant departments according to the statutory terms of reference decided.
Certificate has been revoked in accordance with this Ordinance, by the Administrative Department for industry and commerce shall revoke its business license.
43rd State personnel in engineering survey and design activities supervision of dereliction of duty, abuse of power, favoritism, and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
The seventh chapter by-laws
The 44th emergency rescue and disaster relief, and other temporary buildings and farmers built two-storey residential survey, design activities, these regulations do not apply.
45th military management of survey and design of construction projects, in accordance with the relevant provisions of the Central Military Commission. 46th article of the regulations come into force on the date of promulgation.
