(June 8, 2006 2006 6th release of traffic, come into force on August 1, 2006) Chapter I General provisions article to promote the highway sustained, rapid and healthy development, strengthening the management of highway construction supervision, maintenance of highway construction market order, according to the People's Republic of China Highway Act, the construction engineering quality management regulation and the relevant State laws and regulations, these measures are formulated.
    Article in the People's Republic of China engaged in road construction in the territory of units and personnel must abide by these measures.
    Road construction in these measures refers to roads, bridges, tunnels, traffic engineering and road facilities and highway ferry project proposals, feasibility study, survey, design, construction, June (AC) after acceptance and evaluation activities of the entire process.
    Third highway construction supervision management under unified leadership and management.
    Ministry for state highway construction supervision management; local transportation departments of people's Governments at or above the county level in charge of the highway construction supervision and management in the administrative area.
    The fourth transportation departments of people's Governments above the county level must be in accordance with the laws, regulations and the regulations of the highway construction supervision management.
    Relevant units and individuals shall be subject to transportation departments of people's Governments above the county level in accordance with the highway construction supervision and inspection, and to give support and cooperation, shall not be denied or hampered. Second chapter supervision sector of duties and permission fifth article highway construction supervision management of duties including: (a) supervision national about highway construction work approach, and policy and legal, and regulations, and regulations, and mandatory technology standard of implementation; (ii) supervision highway construction project construction program of perform; (three) supervision highway construction market order; (four) supervision highway engineering quality and engineering security; (five) supervision highway construction funds of using; (six) Guide, and check subordinate Government traffic competent sector of supervision management work; (
    VII) investigate and punish violations of highway construction.
    Sixth, traffic on the national highway construction project supervision and management, according to the duties the national expressway network construction projects, traffic, and the other key road construction projects, building permits, public bidding, construction quality, progress, finance, security management, supervision and acceptance work.
    In addition shall be implemented by the Ministry of supervision and management responsibilities, transportation departments of people's Governments at the provincial level the basis functions are responsible for the supervision and management of highway construction projects in the administrative area, responsible for the administration of the national expressway network construction project, Ministry and provincial governments determine the other key road construction project supervision and management.
    Districts of the city and is responsible for the transportation departments of people's Governments at the county level in accordance with the relevant provisions in the administrative area of the supervision and management of the highway construction project.
    Seventh transportation departments of people's Governments at or above the county level shall perform supervision of highway construction management duties, the right to request: (a) the units under inspection to provide documents and information about road construction, (ii) enter the units under inspection to check the work site, (iii) to find the project quality and safety issues, as well as other violations of law.
    Chapter III supervision and management of construction program eighth road construction should be in accordance with the national building program and related provisions. Government investment project approval system for highway construction, business investment project approval system for highway construction.
    Terms transportation departments of people's Governments at above county level shall approve or approve road-building project, not exceeding approval, approval or permission to streamline construction procedures. Nineth article government investment highway construction project of implementation, should according to following program for: (a) according to planning, prepared project proposal; (ii) according to approved of project proposal, for engineering feasibility research, prepared feasibility research report; (three) according to approved of feasibility research report, prepared preliminary design file; (four) according to approved of preliminary design file, prepared construction figure design file; (five) according to approved of construction figure design file, Organization project tender; (six) according to national about provides,
    Previous construction work such as demolition, and declared to the Transportation Department construction permit; (g) according to the approved project permits, project implementation; (h) after the completion of the project, preparation of charts, the budget of the project completion and final financial accounts, handling items, final acceptance and transfer of property procedures; (IX) after acceptance and project evaluation.
    On highway construction project invested by the State Council building another simplified rules of procedures, in accordance with its provisions.
    Tenth Article enterprise investment highway construction project of implementation, should according to following program for: (a) according to planning, prepared engineering feasibility research report; (ii) Organization investors tender work, law determine investment people; (three) investors prepared project application report, by provides reported project approval sector approved; (four) according to approved of project application report, prepared preliminary design file, which involved public interests, and public security, and engineering construction mandatory standard of content should by project membership relationship reported traffic competent sector review;
    (Five) according to preliminary design file prepared construction figure design file; (six) according to approved of construction figure design file organization project tender; (seven) according to national about provides, for land demolition, construction Qian prepared work, and to traffic competent sector declared construction license; (eight) according to approved of project construction license, Organization project implementation; (nine) project completed Hou, prepared completed chart, and engineering accounts and completed financial accounts, handle project make, and completed acceptance; (ten) completed acceptance qualified Hou, Organization project Hou evaluation.
    11th transportation departments of people's Governments above the county level in accordance with relevant regulations of the State, in accordance with the functions and powers, is responsible for highway construction project proposals, feasibility studies, preparation of design documents, management of the investor of the project bidding, acceptance, and project evaluation.
    Highway construction project proposals, feasibility study reports, design documents, tender documents, project application report shall be prepared in accordance with the national measures or related provisions, and in accordance with the quality and depth of work prescribed by the State.
    12th project Corporation of highway construction should be selected according to law survey, design, construction, consulting, supervision units, purchase important equipment and materials associated with construction, apply for construction permits, project implementation, project acceptance, preparation after project completion and evaluation.
    13th highway construction project legal person responsibility system should be in accordance with the relevant provisions of the State, the bidding system, project supervision and contract management system. 14th road construction projects must be compatible with road engineering technical standards.
    Construction units must follow the approved design papers, any units and personnel are not allowed to modify the design. Approved highway design, may not be changed in principle.
    Needed design change, shall be set by the Ministry of the provisions of the highway engineering change management and approval procedures. 15th road-building acceptance into acceptance and final acceptance of the project in two stages. Project legal person responsible for the Organization of acceptance the contract and complete the transportation departments of the project acceptance report for the record. Transportation Department within 15 days of filing date of acceptance of the project report is not contested, legal entities try to open traffic into the operating period of the project.
    Trial operation period of not more than 3 years. Traffic operation after 2 years, the Transportation Department should organize acceptance, acceptance of projects into operation.
    Without acceptance, acceptance is not qualified or not filing for trial operation of works open to traffic, by the Department of transportation shall be ordered to stop operation.
    Acceptance shall comply with Department of transportation for highway construction projects to develop the end of Highway Engineering (AC) acceptance of provisions of the approach. Construction market supervision and management of the fourth chapter 16th transportation departments of people's Governments above the county level based on duties, is responsible for the supervision and management of the highway construction market, investigate and deal with violations in the construction market.
    Business investment for highway construction projects and highway construction practitioners in China and principal credit record and should be announced to the public in a timely manner. 17th practises the market access management of highway construction. Highway construction project legal person or its delegated project management project management agencies, heads of major technical and management capacity of proposed project management needs should be met, in line with relevant regulations of the Ministry requirements.
    Highway engineering survey, design, construction, supervision, testing business units shall obtain a license after the corresponding qualification of the relevant departments before they can enter the road construction market.
    Highway construction market must open up, no unit or individual is allowed to local protection against highway construction market, meets the conditions for access to employment shall not be restricted units and employees in accordance with access to highway construction market.
    18th road construction work units engaged in road-building activities must abide by the relevant laws, rules and regulations of the State and highway engineering technique standard, must not harm the social and public interests and the legitimate rights and interests of others.
    19th road construction project legal person shall be liable for road construction-related responsibilities and obligations, responsible for construction project quality, investment and construction.
    Legal persons required by law to carry out the bidding of highway construction project activity, shall accept any bidders bidding below cost, should not be compressed construction period, prohibit specified subcontracting and procurement.
    20th highway construction units shall obtain a highway project practitioners qualification management certificate and in accordance with the relevant provisions in their contract projects within the approved scope of business, prohibit undocumented or leapfrog to contract projects.
    Highway construction business unit to meet its obligations as stipulated in the contract to prohibit subcontracting or illegal subcontracting.
    The fifth chapter quality and safety supervision and management of the article 21st transportation departments of people's Governments at above county level shall strengthen the road construction industry quality and production management of the establishment, supervision and inspection of the implementation of the rules and regulations. 22nd road construction project quality supervision and management system.
    Highway engineering quality supervision organization shall, according to the Transportation Department of entrusted implementation of engineering quality supervision in accordance with law, and responsible for the supervision and quality of work.
    23rd road construction projects in the process of implementing, supervising units shall in accordance with the laws, rules, regulations, and technical standards of specifications, design documents, contract documents and supervision requirements, site, site inspections and the parallel test forms of project implementation supervision, does not meet the project quality and safety requirements for the project should be ordered to construction rework.
    Without a supervising engineer's sign, the construction unit shall not construction materials, components and equipment used on the project or installation shall not be carried out the next process of construction. 24th road engineering quality supervision institutions should be commensurate with the quality supervision of test conditions, in accordance with national laws and regulations relating to quality, regulation, traffic, and development of technical standards, specifications, procedures and quality inspection and evaluation standards for engineering quality supervision, inspection and certification.
    No unit or individual shall interfere or obstruct the quality appraisal of quality supervision institution. 25th road construction business unit should be responsible for quality and safety.
    Project implementation should strengthen the education and training of workers, in accordance with the relevant provisions of the State to establish a sound quality and safety assurance system, implementation of quality and safety in production responsibility system to ensure project quality and safety.
    26th road construction project engineering quality accidents, legal persons shall, within 24 hours of the project management by project affiliation reported to the Transportation Department, engineering quality accidents and highway engineering quality supervision institutions.
    Provincial transportation departments or authorized highway engineering quality supervision institutions responsible for the investigation and handling of common construction quality accident; the Ministry in conjunction with the transportation departments of provincial-level people's Government is responsible for the investigation and handling of major quality accidents; particularly significant quality accident and accident investigation and treatment in accordance with relevant State regulations.
    Sixth chapter funds for construction supervision and management of the 27th for using Government funds to arrange road construction projects, transportation departments of people's Governments at above county level of highway construction funds must be raised, use, and manage the whole process supervision, and ensure the safety of construction funds.
    Project Corporation of highway construction must be in accordance with the relevant laws and regulations, the provisions of regulation, reasonable arrangement and use of highway construction funds.
    28th for enterprises to invest in road-building projects, transportation departments of people's Governments above the county level in accordance with the availability of funds, use of supervision. 29th article highway construction funds supervision management of main content: (a) whether strictly implementation construction funds earmarks dedicated, and designed households storage, and no occupation, and misappropriated, about management provides; (ii) whether strictly implementation almost budget management provides, has no will construction funds for plans outside engineering; (three) sources whether meet national about provides, supporting funds whether implementation, and timely in place; (four) whether by contract provides allocated engineering progress paragraph, has no overestimated take is, false impersonator situation, Engineering prepared fee using whether meet about provides; (five) whether in control lines within by provides using construction management fee, by provides of proportion reserved engineering quality margin, has no illegal expanded construction cost of problem; (six) whether by provides prepared project completed financial accounts, handle property transfer procedures, formed of assets whether timely registration into account management; (seven) accounting institutions whether established sound, and equipped with phase adapted of accounting personnel.
    The original records, statistical account, vouchers, account books, accounting, financial reporting, internal control systems and other infrastructure work is perfect, the specification.
    30th article County above Government traffic competent sector on highway construction funds supervision management of main duties: (a) developed highway construction funds management system; (ii) by provides audit, and summary, and presentation, and reply annual highway construction spending budget, and financial accounts and completed financial accounts; (three) reasonable arrangements funds, timely scheduling, and allocated and using highway construction funds; (four) supervision management construction project engineering almost budget, and annual investment plans arrangements and adjustment, and financial accounts;
    (Five) supervision check highway construction project funds raised, and using and management, timely corrected illegal problem, on major problem proposed views reported superior traffic competent sector; (six) collection, and summary, and submitted highway construction funds management information, review, and presentation highway construction project investment benefits analysis report; (seven) urged project corporate timely presentation engineering financial accounts, do completed acceptance prepared work; (eight) urged project corporate timely by provides handle property transfer procedures, specification assets management.
    The seventh chapter society 31st transportation departments of people's Governments above the county level should be released to the public on a regular basis of highway construction management, project development, engineering, quality, engineering, quality and safety accident information, subject to public supervision. The 32nd construction site signs for highway construction management.
    Signs shall clearly indicate the contents of the project, the project legal person, investigation, design, construction, supervision and organization name and the name of the principal, subject to public supervision.
    33rd road construction project quality reporting system in highway construction by any unit or individual in violation of national law and regulations, engineering quality accident and defect to the people's Governments above the county level have the right to competent authorities or quality of oversight reports and complaints.
    34th transportation departments of people's Governments above the county level can employ social supervisors of highway construction activities and project quality supervision.
    35th on units and individuals to report truth, transportation departments of people's Governments at above county level shall be commended or awarded.
    Eighth chapter 36th penalties in violation of provisions of this article fourth, refuse or hinder highway construction supervision and inspection work carried out according to law shall be ordered to correct, to constitute a crime, criminal responsibility shall be investigated according to law.
    37th article violates these measures under article eighth, unauthorized approval, approval or without authorization, simplifying infrastructure programs, ordered to go through formalities, may give a warning, causing serious consequences, in whole or in part using Government funds for the project, you can pause or suspension of disbursement of funds for project implementation, the persons directly responsible shall be given administrative sanctions.
    Article 38th disobey the 12th article, project subcontractors do not have the appropriate level of qualification of corporate engineering survey, design, construction and supervision units, correction, fined not more than between 1 million Yuan and 500,000 Yuan; not in accordance with the provisions of construction approval of construction shall be ordered to stop construction, rectify, subject to a fine engineering 1% more than 2% below the contract price.
    39th disobey article 14th, unauthorized modifications engineering, rectification, may give a warning in serious cases, in whole or in part using Government funds for the project, you can pause or suspension of disbursement of funds for project implementation.
    40th article violates this article approaches its 15th, failing to organize the project acceptance or unqualified acceptance of unauthorized use, correction and stop using, works contracts 4% over 2% the price of a fine; charges for toll road project should be stopped.
    41st article violates this way 19th article, project legal person specified subcontracting and procurement, optional compression period, infringes the legitimate rights and interests, a rectification, to a fine of up to 200,000 yuan and 500,000 yuan, causing serious consequences, in whole or in part using Government funds for the project, you can pause or suspension of disbursement of funds for project implementation. 42nd article violation this approach 20th article provides, contracting units fraud, and no card or leapfrog contract engineering task of, ordered stop violations, on survey, and design units or engineering supervision units at contract agreed of survey fee, and design fee or supervision remuneration 1 time times above twice times following of fine; on construction units at engineering contract price 2% above 4% following of fine, can ordered closed reorganization, reduced qualification grade; plot serious of, revoked qualification certificate; has illegal proceeds of, be confiscated.
    Contractor subcontract or illegal subcontracting work, correction, confiscation of illegal gains, survey, design, the engineer contracted survey costs, design fees, supervision fees of 25% more than 50% of fine; the contract for construction project 1% over 0.5% the price of a fine. 43rd in violation of provisions of this article 22nd, highway engineering quality supervision of highway engineering quality supervision agency to perform duties, does not assume the quality of supervisory responsibilities, depending on the seriousness of the transportation departments, order rectification or given a warning.
    Road construction quality supervision in highway engineering quality supervision agency staff in the management of the neglect, abuse, deception, by the Department of transportation highway engineering quality supervision organization shall be given administrative sanctions or constitutes a crime, criminal responsibility shall be investigated according to law.
    44th article violation this approach 23rd article provides, supervision units will not qualified of engineering, and building materials, and component and equipment by qualified be signed recognize of, ordered corrected, can give warning punishment, plot serious of, at 500,000 yuan above 1 million Yuan following of fine; construction units in engineering Shang using or installation without supervision signed recognize of building materials, and component and equipment of, ordered corrected, can give warning punishment, plot serious of, at engineering contract price 2% above 4% following of fine. 45th article violation this approach 25th article provides, highway construction practitioners units ignored engineering quality and security management, caused quality or security accident of, on project corporate give warning, and deadline rectification, plot serious of, suspended funds allocated; on survey, and design, and construction and supervision, units depending on plot weight give warning, and canceled its 2 years to 5 years within participate in law must for tender project of bid qualification of punishment; on plot serious of supervision units, also can give ordered closed reorganization, and
    Reducing the level of qualification and revoked the certificate of qualification of punishment.
    Article 46th disobey article 26th, project legal person of project quality accident conceal, report deceitfully or delay in reporting period, give warning, on the persons directly responsible shall be given administrative sanctions.
    47th in violation of article 29th of this approach provides that projects corporate embezzlement, misappropriation of funds for highway construction, illegal expansion of construction costs, to order the rectification, may give a warning in serious cases, in whole or in part using Government funds for the project, you can pause or suspension of disbursement of funds for project implementation, the persons directly responsible shall be given administrative sanctions.
    48th highway construction units of other concerned persons, acts of bribery, bribes, bribes, harm to our nation and the legitimate rights and interests, which constitutes a crime, criminal responsibility shall be investigated according to law.
    49th transportation departments of the Government of dereliction of duty, abuse of power, favoritism, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Nineth chapter supplementary articles article 50th explain these measures by the Ministry. 51st these measures shall come into force on August 1, 2006.
                                                        Released on August 28, 2000, the highway construction, traffic, supervision and management measures (traffic, 2000 of 8th) repealed simultaneously.