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Water Conservancy Engineering Construction Supervision Regulations

Original Language Title: 水利工程建设监理规定

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(December 18, 2006 of Ministry of water resources announced as of February 1, 2007, 28th) Chapter I General provisions article regulating the activities of water conservancy engineering construction supervision, ensure the quality of construction, according to the People's Republic of China Law on bidding, the construction engineering quality management regulation, the construction engineering safety management regulations and other laws and regulations, combined with the water conservancy construction, these provisions are formulated.
    Article water conservancy engineering construction supervision as well as the supervision and administration of water conservancy engineering construction supervision, these provisions shall apply.
    Water conservancy projects in these rules refers to flood prevention, drainage, irrigation, hydropower generation, (for) water, beaches, soil conservation, water resource protection and other types of projects (including new construction, expansion, renovation, consolidation, repair, demolition and other projects) and supporting and ancillary works.
    This provides by said water construction supervision, is refers to has corresponding qualification of water construction supervision units (following referred to supervision units), by project corporate (units, with) delegate, according to supervision contract on water construction project implementation in the of quality, and progress, and funds, and safety, and environmental protection, for of management activities, including water construction supervision, and soil and water conservation engineering construction supervision, and electromechanical and the metal structure equipment manufacturing supervision, and water construction environmental protection supervision.
    Third hydraulic construction project construction supervision according to law.
    A total investment of more than 2 million Yuan water conservancy construction projects and meet one of the following conditions must be implemented construction supervision: (a) the relationship between public interests or public security; (b) the use of State funds or State financing; (c) the use of loans from foreign Governments or international organizations, aid funds.
    Railways, highways, urban construction, mining, electric power, oil and gas, support soil and water conservation engineering of development and construction projects such as building materials, in line with the conditions prescribed in the preceding paragraph, shall, in accordance with the provisions of construction supervision of water and soil conservation project.
    Other construction projects can refer to these provisions.
    Article fourth of national water conservancy engineering construction supervision exercise unified supervision and management of water resources.
    Ministry of water resources basin management organs (hereinafter referred to as watershed management) and local people's Governments at or above the county level water conservancy administrative departments of their administration and supervise of water conservancy engineering construction supervision.
    Chapter II supervision services entrusted with undertaking the fifth must be in accordance with the implementation of construction supervision of water conservancy construction project, project entity shall, in accordance with provisions of tendering and bidding management of construction project of water conservancy project, identifying qualified supervisory units, departments and projects.
    Project legal and management units shall sign management contracts.
    Article sixth project supervision operations of legal persons, should be implemented as prescribed by the State Engineering supervision charges.
    Project legal person and other personnel shall not ask for or accept supervision unit of the property or other improper benefits.
    Seventh supervising units shall in accordance with the provisions of the Ministry of water resources, achieved the certificate of qualification level of water conservancy engineering construction supervision units, and to the extent permitted by their level of qualification contract water conservancy engineering construction supervision business. Two or more qualified supervisory units can form a consortium to undertake the supervision services. Each party to the consortium shall enter into agreements, clearly intends to take on the work and responsibilities of the parties, and is submitted to the project legal person. Qualification of a Federation, in accordance with the same professional level of qualification within the lower side OK.
    The Consortium bid, each party to the consortium shall jointly with the project Corporation signed a management contract, the winning project legal persons bear joint and several liability to the project.
    Eighth section supervisor and supervisory units, as well as building materials, fittings and equipment supply company, affiliated or other stakeholders, shall not bear the construction supervision services for the project.
    Supervisor shall not in collusion, fraud, coercion, bribery or other improper means to contract competition water conservancy engineering construction supervision services.
    Nineth supervising units shall not allow any other units or individuals to contract water conservancy engineering construction supervision business on behalf of the entity.
    Unit may transfer supervision of the Commissioner. Chapter III supervision article tenth supervision units should hire a qualified supervisory staff engaged in water conservancy engineering construction supervision services. Supervision of personnel including the Chief supervision engineer, engineers and supervisors.
    Qualifications of supervisors shall be made in accordance with industry self-regulation.
    Construction engineer employed by the supervision units (hereinafter referred to as registered supervision unit) reported to the Ministry of water resources registered, and registered in the project management units engaged in business; need to temporarily to other project management units engaged in business, should be determined by the supervisory unit signed an agreement with registered supervision units, clear management responsibility and other relevant matters.
    Supervisor shall keep the practice (from) the secrets and shall not at the same time engaged in supervision services in two or more water conservancy projects shall be subject to supervision, as well as building materials, fittings and equipment supply units of economic interests.
    11th article supervision units should by following program implementation construction supervision: (a) according to supervision contract, selected meet supervision work requirements of total supervision engineers, and supervision engineers and supervision Member formed project supervision institutions, stationed in site; (ii) prepared supervision planning, clear project supervision institutions of work range, and content, and target and according to, determine supervision work system, and program, and method and measures, and reported project corporate record; (three) according to engineering construction progress plans, points professional prepared supervision implementation rules;
    (D) in accordance with the supervision plan and overseeing implementation regulation and supervision, preparation and submission of supervision reports; (v) supervision after the completion of operations, supervision reports to the project legal person under the supervision contract, transfer files and data.
    12th general supervising engineer in charge of water conservancy engineering construction supervision.
    Chief supervision engineer is responsible for the full implementation of the supervision unit responsibilities the supervision contract, release on instruction, supervision signed files, coordinating the relationship among the parties concerned.
    Engineer in the supervision work carried out within the mandate of Chief supervision engineer, is responsible for the supervision assumed by, and the Chief supervision engineer is responsible for.
    Supervisors in the supervision engineer or within the mandate of Chief supervision engineer engaged in the supervision work. 13th engineer project management offices and their personnel should be lists, engineer and Inspector written notice, the Agency's mandate supervisory units.
    Supervision during the implementation of supervision of personnel changes, shall promptly inform the supervisory unit.
    Supervisor replacement of Chief supervision engineer and the other main supervisor, shall comply with the supervision of the contract. 14th supervision unit should be under the supervision contract, design units on site deliver the design, review and issue construction drawings.
    Without a Chief supervision engineer's signature figure shall not be used for construction.
    Supervisor engineering design files must not be modified.
    15th supervising units shall in accordance with norms of supervision requirements, site, site inspections, tracking test and parallel monitoring, supervision, found that the problem should be corrected in a timely manner, reported.
    Supervising units shall not be supervision and project legal person or collusion, fraud, reduce the project or the quality of equipment.
    Supervisors quality control or testing may not be qualified construction projects, building materials, fittings and equipment in accordance with the qualified signature.
    Without a supervising engineer sign, building materials, fittings and equipment shall not be used or installed on the project, shall not be carried out the next process of construction.
    16th supervising units shall assist in the preparation of project legal persons controlling total schedule plan review was prepared by the supervisor of construction organization design and schedule, and supervise the supervision unit.
    17th supervision unit shall assist in the preparation of project legal person payment plans, cash flow plans review supervision unit, in accordance with the contract volume of approved projects, issuance of proof of payment.
    Without a Chief supervision engineer sign project legal person shall not be paid.
    18th engineer shall review the supervision unit for security measures, special construction and environmental protection measures with environmental protection and engineering construction compulsory standard requirement, and supervise their implementation. Supervision in the process of implementing supervision, found that there are safety risks, supervision should be required corrective action; in severe cases, supervision should be required to temporarily stop construction and timely reporting of project legal person.
    Supervisor refused to reform or not to stop the construction, the supervisor shall promptly inform the relevant water conservancy administrative departments or basin management agencies reported.
    19th project legal person shall provide the supervisor with the necessary working conditions, support independent supervision of the Commissioner, shall not express or implied violation of laws and regulations of supervision units and engineering construction compulsory standard, must not change the General supervising engineer in command.
    20th project legal person should be under the supervision contract, remuneration, paid supervisory units in a timely manner without unreasonable cuts or delays in payments. Project legal supervision unit and to implement the proposals put forward can be rewarded.
    Award criteria identified by the project entity consultations with the supervisor.
    Supervision and administration of the fourth chapter 21st water administration under the people's Governments above the county level authorities and river basin authorities should strengthen supervision and administration of water conservancy engineering construction supervision activities, their projects and the supervision of enforcement of national laws and regulations, engineering construction compulsory standard and the performance of the supervision contract for supervision and inspection.
    Project supervision of legal entities should be based on the contract of supervision activities are checked.
    22nd water administration under the people's Governments above the county level authorities and river basin authorities when they discharge their duties of supervision and inspection, relevant entities and persons shall objectively and truthfully report the situation, providing related materials.
    Water administration under the people's Governments above the county level authorities and river basin management agencies when conducting supervision and inspection, and shall not impede the normal supervisor and the supervisor's supervisory activities shall not ask for or accept supervision and inspection of property units and personnel shall not seek other improper benefits.
    23rd water administration under the people's Governments above the county level authorities and river basin authorities in supervision and inspection, found irregularities supervisor and the supervisor, shall be ordered to correct, and to investigate and punish. 24th article of any units and individuals have the right to water conservancy engineering construction supervision activities in violation of impeach and accuse.
    Water Conservancy administrative departments concerned and the river basin authorities and shall give timely verification and processing.
    Fifth chapter penalty provisions article 25th project legal person entrusted to water conservancy engineering construction supervision business does not have a corresponding qualified supervisory units, or subject to the supervision and not implemented, in accordance with the regulations on the management of construction engineering quality 54th, 56th penalty.
    Project legal supervision units do not meet the work safety laws, regulations and requirements of engineering construction compulsory standard, in accordance with the regulations on work safety of construction projects article 55th of punishment.
    Corporation and its staff receive project supervision unit of the 26th article bribery to obtain kickbacks or other improper advantage, be recovered, and 3 times the illegal proceeds and not exceeding 30,000 yuan fine constitutes a crime, criminal liability shall be investigated for their responsibilities.
    27th article supervision units has following behavior one of of, in accordance with construction engineering quality management Ordinance 60th article, and 61st article, and 62nd article, and 67th article, and 68th article punishment: (a) beyond this units qualification grade license of business range contract supervision business of; (ii) not made corresponding qualification grade certificate contract supervision business of; (three) to cheat means made of qualification grade certificate contract supervision business of; (four) allows other units or personal to this units name contract supervision business of;
    (Five) transfer supervision business of; (six) and project corporate or was supervision units collusion, fraud, and reduced engineering quality of; (seven) will not qualified of construction engineering, and building materials, and building frame accessories and equipment according to qualified signed of; (eight) and was supervision units and building materials, and building frame accessories and equipment supply units has membership relationship or other interest relationship bear the items engineering construction supervision business of. 28th article supervision units has following behavior one of of, ordered corrected, give warning; no illegal proceeds of, at 10,000 yuan following fine, has illegal proceeds of, be recovered, at illegal proceeds 3 times times following and not over 30,000 yuan fine; plot serious of, reduced qualification grade; constitute crime of, law held about responsibility personnel of criminal: (a) to collusion, and fraud, and stress, and bribery, not due competition means contract supervision business of; (ii) using work convenience and project corporate, and
    Supervision units, and building materials, fittings and equipment suppliers collude to seek illegitimate interests. 29th article supervision units has following behavior one of of, in accordance with construction engineering safety management Ordinance 57th article punishment: (a) not on construction organization design in the of security technology measures or special construction programme for review of; (ii) found security accident hidden not timely requirements construction units rectification or temporarily stop construction of; (three) construction units refused to rectification or not stop construction, not timely to about water administrative competent sector or basin management institutions report of; (four) not in accordance with legal, and
    Regulation and supervision of engineering construction compulsory standard.
    30th engineer has one of the following acts shall be ordered to correct and give a warning in serious cases, reducing the level of qualification: (a) employed without appropriate supervision personnel qualifications personnel engaged in operations; (b) concealing relevant information, refused to provide materials or provide false materials. 31st article supervision personnel engaged in water construction supervision activities, has following behavior one of of, ordered corrected, give warning; which, supervision engineers violations plot serious of, cancellation registered certificate, 2 years within not registered; has illegal proceeds of, be recovered, and at 10,000 yuan following fine; caused loss of, law bear compensation responsibility; constitute crime of, law held criminal: (a) using practice (from) industry Shang of convenience, obtained or received project corporate, and was supervision units and building materials, and
    Fittings and equipment supply unit property; (b) and by supervision units, and building materials, fittings and equipment suppliers collude to seek illegitimate benefits; (c) the illegal disclosure of the practice (from) should be kept secret in the industry.
    Article 32nd quality accident caused by fault of supervisors shall be ordered to stop practice (from) for 1 year, in which significant quality accident caused by fault of supervision engineer, cancellation of certificate of registration, it shall be rejected for registration within 5 years, the circumstances are especially serious, lifelong refuse to register.
    Supervisors are not enforcing the law, regulation and engineering construction compulsory standard, ordered to stop the practice (from) more than 3 months to 1 year, including breaches of supervision engineers in serious cases, cancellation of certificate of registration, it shall be rejected for registration within 5 years, causing serious safety accidents of life shall be rejected for registration constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 33rd water Administrative Department and watershed management in engineering construction supervision activities of Agency staff in the supervision and management of the neglect, abuse, deception, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 34th fines shall be subject to supervision units, the unit directly in charge of personnel and other persons subject to a unit amount over 5%, 10% of a fine.
    Supervision unit for mobility of staff, retirees and other reasons to leave the unit, are found in the unit's work during the project construction quality management provisions of the State, causing significant quality accident, shall be investigated for legal responsibility according to law.
    35th reduced supervision unit qualification qualification certificates, revocation of supervision unit of the penalty and the cancellation of registered supervision engineer certificate, determined by the Ministry of water resources; other administrative punishment decided by the water conservancy administrative departments in accordance with the relevant statutory powers.
    The sixth chapter supplementary articles article 36th referred to in these provisions mechanical and electrical, and manufacturing supervision refers to the installation of metal structure equipment in water conservancy project generator, turbine unit and its accessories, and gates, penstock, trash equipment, lifting equipment and other mechanical and electrical equipment manufacturing and metal structures in the process of quality management activities, progress, etc.
    Environmental protection supervision of water conservancy construction in these rules refers to the hydraulic engineering construction in project implementation of waste (sewage) water, garbage, waste, waste gas, dust and noise control measures undertaken by management activities.
    Supervision units in these rules refers to assume control of hydraulic engineering construction units, and units engaged in water conservancy project of mechanical and electrical equipment manufacturing and metal structures.
    Supervision of the 37th division, merger, restructuring, transfer, by inheriting its units bear the corresponding supervision responsibility for supervision performance.
    The 38th technical specifications for water conservancy engineering construction supervision, developed separately by the Ministry of water resources. The 39th article of the regulations come into force on February 1, 2007.
    The water conservancy engineering construction supervision regulations (water tube [1999]637), of the interim measures for the supervision and management of soil and water conservation ecological construction engineering (water tube [2003]79) repealed simultaneously.
                                              The hydraulic engineering equipment manufacture supervision regulations (water tube [2001]217) inconsistent with this provision, in accordance with this regulation.