Ministry of transport concerning the amendment of the decision of the management of highway construction market (November 30, 2011 Ministry of transport [2011] the 11th release come into force on the date of promulgation) Ministry of transport decided to amend article 38th in the road construction market management measures: "construction can be critical to engineering or for professional team construction projects with appropriate qualifications and joint responsibility for the subcontract works. Allow the scope of subcontracting should be provided in the tender documents.
Subcontracting subcontractor shall not again, no subcontracting.
No unit or individual shall not violate the provisions of the specified package, specify, purchase, or split projects. Project legal person shall strengthen construction project management, review of any subcontract shall be subject to supervision, and legal records.
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In addition, consequential amendments to the provisions of part of the text.
This decision shall come into effect as of the date.
The management of highway construction market based on corresponding amendments shall be made to the present decision, republished.
Appendix: administrative measures for highway construction market 2011 (revised)
(Released November 30, 2011, the Ministry of transport, traffic, on December 21, 2004 [2011] the 11th release come into force on the date of promulgation of the Ministry of transport to amend decision amendments to highway construction market management approach)
Chapter I General provisions
First to strengthen the management of highway construction, regulating highway construction market order to ensure highway engineering quality, promote the healthy development of the market of highway construction, according to the People's Republic of China highway law, the People's Republic of China bidding law, the construction engineering quality management regulation, these measures are formulated.
Second approach applies to transportation departments at all levels to highway construction market supervision and management activities.
Third highway construction market fairness, impartiality, openness, good faith principles.
Fourth countries to establish and perfect a unified, open, competitive and orderly market of highway construction, prohibits any forms of regional blockade.
Fifth in these measures refers to the meaning of the following terms:
Highway construction refers to the highway construction business unit of market players and practitioners.
Business unit is engaged in the project Corporation of highway construction, project management, consulting, investigation, design, construction, supervision, testing, provision of social intermediary organizations, as well as equipment and material suppliers.
Employees refer to persons engaged in road construction activities.
Chapter II management responsibilities
Sixth unified management, graded highway construction market management is responsible.
Seventh the Transportation Department responsible for national highway construction market supervision and management work, main duties are:
(A) implementation of relevant State laws and regulations, establish national highway construction market management rules;
(B) organizations to develop and oversee the implementation of the technical standards of highway construction, norms and procedures;
(C) implementation of market access, market dynamic management of highway construction according to law, and the national highway construction market supervision according to law;
(D) establishment of database in highway construction bidding, strengthen the management of mark experts;
(V) publish national highway construction market information;
(F) the guidance and supervision of local people's Governments at the provincial level Department of transportation highway construction market management;
(VII) shall receive reports and complaints, to investigate and punish illegal highway construction market;
(VIII) other duties stipulated by laws and administrative regulations.
Eighth provincial transport authorities are responsible for market supervision and management of the highway construction work within their respective administrative areas, main functions are:
(A) implement the relevant State laws and regulations, regulations and technical standards, specifications and regulations for highway construction, combined with the actual situation within their respective administrative areas, development of specific management systems;
(B) the law implementing the market access management of highway construction, highway construction market in the administrative regions to implement dynamic management and supervision and inspection;
(C) establishment of bidding for highway construction experts in the region, strengthen the management of mark experts;
(D) publish road construction market in the administrative regions, and complying with the provisions to the Transportation Department to submit information about road construction market in the administrative regions;
(V) guidance and supervises the Department of transportation's highway construction market management;
(Vi) shall receive reports and complaints, to investigate and punish this within the administrative area of highway construction market offences;
(VII) other duties stipulated by laws, rules and regulations.
Nineth local people's Governments below the provincial level transportation departments in charge of market supervision and management of the highway construction work within their respective administrative areas, main functions are:
(A) implement the relevant State laws and regulations, regulations and technical standards, specifications and regulations for highway construction;
(B) cooperate with provincial transportation departments of the local people to highway construction market access management and dynamic management;
(C) within the administrative area of highway construction market conduct supervision and inspection;
(D) to receive reports and complaints, to investigate and punish this within the administrative area of highway construction market offences;
(E) other duties stipulated by laws, rules and regulations.
Chapter III access to management
Tenth who comply with the laws and regulations of market access conditions for working units and employees have access to highway construction market, no unit or individual is allowed to local protection against highway construction market shall be placed on the unit meets the conditions for access to employment in China and discriminate. 11th law project legal person responsibility system for highway construction projects.
Road construction project legal person can manage their own projects or commissioned legal personality of the project management unit for project management.
Project legal person or the Organization of the project management unit entrusted agencies, heads of major technical and management capacity of proposed project management needs should be met, in compliance with the requirements of the relevant provisions of the Transport Department.
12th toll-road construction project legal person units into the market of highway construction and project construction and management system. Toll road construction projects after feasibility studies approved or approved in accordance with law, project investment or project legal person should be established.
Affiliation of project legal persons should be in accordance with the project management or the project management unit entrusted the situation reported to the Transportation Department records.
Does not meet the requirements of the project legal person or project management unit, Transport Department shall propose corrective action requirements.
13th road engineering survey, design, construction, supervision, testing and other business units should be in accordance with the provisions of laws and regulations, after obtaining the corresponding qualification issued by the relevant authorities before they can enter the road construction market.
14th laws and regulations providing for the licensing of highway construction in China, after the employee shall obtain a relevant qualification, before entering the highway construction market.
Fourth chapter market subject management
15th road-building industry and practitioners in highway construction market must strictly abide by relevant State laws, rules and regulations, strict enforcement of highway construction, mandatory standards, technical specifications and code requirements.
16th road construction project legal person must strictly implement national infrastructure programs, is not inconsistent with or without authorization, simplifying infrastructure program. 17th road construction project Corporation is responsible for organizing the expert or delegate with consulting engineering or design qualification units of construction drawing design documents for review.
Main contents of construction drawing design documents reviewed include:
(A) whether to adopt the engineering feasibility study, preliminary design approval;
(B) compliance with mandatory standards for highway engineering, technical norms and regulations;
(C) the construction drawing design documents are complete, whether the technical depth;
(D) structural design meets safety and stability requirements. 18th legal entity shall, in accordance with the project management of highway construction projects under construction drawing design documents reported to the transport authorities.
Construction drawing design documents without approval, shall not be used.
19th applications for construction drawing design documents for approval shall be submitted to the relevant transport authorities the following materials:
(A) a complete set of construction drawing design documents;
(B) expert or entrust the review of construction drawing design document review;
(C) the project entity deems it necessary to submit additional documentation. 20th transportation departments shall from the date of receipt of the application materials for the full list of reviews in the 20th over. Reviewed by qualified, approved for use and licensing decision notified to the applicant.
Failed to pass the examination shall not be approved for use, and shall notify the applicant in writing and state the reasons. 21st motorway construction project legal person shall open, fair and just principles, organization of highway construction project bidding and tendering work in accordance with law.
Not avoiding tendering, may not discriminate against potential bidders and bidders policy without local protection and manipulation.
22nd road engineering survey, design, construction, supervision and supply of equipment and materials units shall tender, not fraud, not collusion, not bribery and other illegal means to make a bid.
23rd road construction project legal person with the winning bidder based on the tender documents should be signed contracts and tender documents shall not attach unreasonable, unfair terms, shall not be entered into false contracts.
State-funded highway construction projects, legal and construction, the engineer shall, in accordance with transport regulations of the competent Department under the State Council, signed a contract of independent Commission against corruption. 24th road construction project law construction permit system.
Countries and the Transport Department to determine the license key road construction projects by State transportation departments to implement, other construction permits in accordance with the project management of highway construction project permissions implemented by local people's Governments at or above the county level transportation departments.
25th construction shall meet the following requirements:
(A) the project has been included in the annual plans for highway construction;
(B) the construction drawing design documents have been completed and approval;
(C) funds for construction have already been implemented, and the Transportation Department audit;
(D) land expropriation procedure has been, demolition completed;
(E) construction, the engineer shall be determined;
(Vi) for the quality supervision procedures, and has implemented measures to ensure quality and safety.
Article 26th project legal person at the time of applying for a construction permit shall be submitted to the relevant transport authorities the following materials:
(A) the construction drawing design documents approved;
(B) Transport Department to construction funds the implementation of audit observations;
(C) land resources department on approval or control of land use approvals;
(D) construction project contracts, the construction units and supervisor list, the contract price;
(E) shall be submitted to the reports, bidding documents for the pre-qualification and bid evaluation report;
(Vi) handling procedures for the quality control of materials;
(G) ensuring the quality and safety of material. 27th transport departments shall from the date of receipt of the application materials for the full list of administrative licensing decisions are made in the 20th.
License, the licensing decision should be notified to the applicant; not permitted, it shall notify the applicant in writing and state the reasons.
28th road practice unit shall, in accordance with the contract entirely fulfil its obligations:
(A) legal entity shall, in accordance with the contract, the responsibility of the project, creating good conditions for project implementation; (B) survey and design unit shall, in accordance with the contract, regular provision of design information and design documents.
In the course of implementation, design representative shall be in accordance with the contract, provide follow-up services; (C) construction construction units should be in accordance with the contract, management and technical personnel and equipment should be in place in time to meet the project needs.
Balanced production, strengthen the site management to ensure project quality and progress, civil construction and safety;
(D) supervising units shall in accordance with the contract staffing and equipment, established on-site supervision agency, perfecting the supervision management system, maintain the stability of supervisors to ensure effective supervision of the project;
(E) suppliers of equipment and materials should be in accordance with the contract, to ensure quality and delivery time, good after-sales service;
(F) the test unit shall, in accordance with the test procedures for sampling, testing and inspection and contract, to provide true and complete test data. 29th road project is subject to government supervision, corporate governance, community supervision, business self test quality assurance system.
Traffic transport competent sector and belongs of quality supervision institutions on engineering quality negative supervision responsibility, project corporate on engineering quality negative management responsibility, survey design units on survey design quality is responsible for, construction units on construction quality is responsible for, supervision units on engineering quality negative site management responsibility, test detection units on test detection results is responsible for, other practitioners units and practitioners according to about provides on its products or service quality negative corresponding responsibility.
30th transport authorities at various levels and the quality supervision institution on construction projects when conducting supervision and inspection, road construction work units and employees shall actively cooperate with refuse and obstruction.
31st highway construction business units and employees shall strictly implement relevant State safety laws, regulations, national standards and industry standards, establish and improve the safety rules and regulations, and clear security responsibilities, implement security measures, carry out safety duties.
After the project quality and safety accident in 32nd, employing unit shall be submitted to the competent authorities in a timely manner in accordance with the relevant provisions without delay and conceal. 33rd road construction project legal person should reasonably determining construction period, construction project organized in strict accordance with the contract. Legal persons should not be asked to change the contract phase of the project.
In case of special circumstances, absolutely necessary to shorten the contract period, by consensus by the parties, can shorten the duration of the contract, but should take measures to ensure the quality of engineering and financial compensation stipulated in the contract. 34th project Corporation of highway construction should be in accordance with the relevant provisions of the State administration and the use of highway construction funds, earmarked account store in accordance with the progress of works, payment in a timely manner; in accordance with prescribed time limit refund the deposit, handle the settlement.
Shall not be in arrears with construction money and land acquisition and relocation may not be misappropriated construction funds.
Construction units concerned should strengthen management of the project, earmarking may not be owed to subcontractors for work and wages for rural migrant workers; engineering project legal person used when conducting supervision and inspection, construction units concerned should actively cooperate with and may obstruct or refuse.
35th road construction work units and employees shall strictly implement national and local regulations on environmental protection and land management, take effective measures to protect the environment and conserve land. 36th project Corporation of highway construction, the engineer and construction problems in the unit of survey and design views of design changes in a timely manner, and shall perform the examination and approval procedures.
Design changes should be consistent with national technical standards and design specifications.
No units or individuals may take design change false quantity or raise the price.
Major project design changes should be reported to the original approval of the preliminary design approval according to relevant regulation.
37th reconnaissance and design units approved by the project legal person, you can design professional or special requirements of survey and design job to have appropriate qualifications unit, but not subcontract or secondary package.
No subcontracting or to subcontracting the supervision work. 38th construction organizations can integrate non-critical projects or for professional team construction projects with appropriate qualifications and joint responsibility for the subcontract works. Allow the scope of subcontracting should be provided in the tender documents.
Subcontracting subcontractor shall not again, no subcontracting.
No unit or individual shall not violate the provisions of the specified package, specify, purchase, or split projects.
Project legal person shall strengthen construction project management, review of any subcontract shall be subject to supervision, and legal records. 39th construction units can employ migrant workers or subcontractors with subcontracting services job qualified subcontractor who.
Construction unit to employ migrant workers, it shall enter into labor contracts, labor contracts and project engineer and project legal record.
Contractor and subcontractor shall, in accordance with a contract paying labor wages, implement the various protection measures and ensure the safety of migrant workers. Subcontractor shall accept the management of construction unit, in accordance with the technical specifications required for service jobs.
Labor subcontractors shall not subcontract the services working again. 40th project Corporation and supervising units shall strengthen the management of construction unit using migrant workers, about not signing labor contracts, illegal use of migrant workers, or delays and deduction of wages for rural migrant workers, to be corrected.
Refused to correct the project legal person promptly of any related investigation and handling of cases reported to the Transportation Department.
41st project entity shall, in accordance with Department of transportation highway project is over (intersection) acceptance means acceptance of the provisions of the project in a timely manner, and to report to the Transportation Department for acceptance.
The fifth chapter dynamic management 42nd transportation authorities at various levels shall strengthen the road construction industry in China and dynamic management of market behavior.
Shall establish a complaint system, investigate violations, and responsible person of the relevant units dealt with according to law.
43rd State transportation departments and local people's Governments at the provincial level transportation departments should establish the credit management system of highway construction market, working units to enter the road construction market in China and principal in the bidding activities, conclusion of contracts and the performance of the contract in the records of the credit and to the public. 44th road engineering survey, design, construction, supervision and other business units should be in accordance with the affiliation of project management, provides the basic units to departments of transportation, to undertake the task and other information, and responsible for the authenticity, accuracy and completeness of the information provided.
Project legal person of other business units should be in project implementation, in terms of project management under the Transportation Department, verified by the Department of transportation the PostScript into business units and credit records.
Article 45th business units in China and principal credit history should serve as a highway construction project bidding qualification and bid basis.
The sixth chapter legal liability
46th on the road-building industry and practitioners of penalties in contravention of this regulation, relevant national laws, regulations and rules have been stipulated by the Ministry of transportation, to apply its provisions; not provided for, by the Department of transportation in accordance with this regulation in accordance with their respective responsibilities for punishment.
47th project legal person violating these rules, or for local protection of highway construction business unit in China and discriminate, by the Department of transportation shall be ordered to correct.
48th practice violates these rules, when applying for a road construction business license, withholding relevant information or provide false materials, inadmissible or refusing to permit the executive authorities, and give a warning; administrative license applicants may not apply again within 1 year of the administrative license.
Licensee by fraud, bribery or other improper means to obtain a licence to practice, the administrative organ shall be punished in accordance with laws, regulations, administrative applicants allowed to re-apply in 3 years the administrative license constitutes a crime, criminal responsibility shall be investigated according to law. 49th article bid people mutual collusion bid or and tender people collusion bid of, bid people to to tender people or assessment standard Committee members bribe of means seek bid of, bid invalid, at bid project amount 5 ‰ above 10 ‰ following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel at units fine amounts 50% above 10% following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, Cancellation within 1 to 2 years to participate in the tender of the project subject to tender according to law and make an announcement constitutes a crime, criminal responsibility shall be investigated according to law.
Cause damage to others shall bear liability.
50th bidders to bid on behalf of others or by any other means of deception, defrauding bid, the bid invalid, causes losses to the Tenderer shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.
Law must for tender of project of bid people has Qian paragraph by column behavior yet constitute crime of, at bid project amount 5 ‰ above 10 ‰ following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel at units fine amounts 5% above 10% following of fine; has illegal proceeds of, and at confiscated illegal proceeds; plot serious of, canceled its 1 years to 3 years within participate in law must for tender of project of bid qualification and be announcement.
51st project legal person violating these rules, arrears and demolition of, by the Department of transportation ordered corrective action and the responsibilities to be given administrative punishments according to law by the relevant authorities.
52nd unless due to force majeure cannot fulfill the contract, the winning bidder does not in accordance with the contract with the tenderer to perform the construction quality and construction duration of obligations, resulting in serious or extremely serious quality and safety accident or cause delays, cancellation within 2 to 5 years to participate in the tender of the project subject to tender according to law and make an announcement.
53rd construction units have the following violations, by the Department of transportation ordered corrective action and the responsibilities to be given administrative punishments according to law by the relevant authorities.
(A) violation of these measures, owed to subcontractors, project cost and farmer workers ' wages;
(B) the violation of these rules, resulting in the destruction of ecological environment and land;
(C) the violation of these rules, change design of deception;
(Iv) in violation of this regulation, is not required to sign labor contracts.
54th article violation this approach provides, contracting units will contracting of engineering subcontracting or illegal points package of, ordered corrected, confiscated illegal proceeds, on survey, and design units at contract agreed of survey fee, and design fee 25% above 50% following of fine; on construction units at engineering contract price 5 ‰ above 10 ‰ following of fine; can ordered closed reorganization, reduced qualification grade; plot serious of, revoked qualification certificate.
The construction supervising units of transfer engineering supervision business, 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.
55th road construction industry in violation of this regulation, to supply the relevant information to departments of transportation to deception, by the Department of transportation shall be ordered to correct. 56th levels of Transport Department and the quality of its supervisory authority who violate this regulation, favoritism, abuse of authority or neglect their duties in the management of the construction market, in accordance with the relevant provisions of the State.
Constitute a crime, criminal responsibility shall be investigated according to law by the judicial departments.
The seventh chapter by-laws
57th this approach by the Department of transportation is responsible for the interpretation. 58th article this way come into force on March 1, 2005. Released on July 11, 1996 of the Ministry abrogated in the road construction market management measures.
