Key Benefits:
(Adopted at the 19th ordinary meeting of the Government of the fertilities of 14 November 2003, No. 103 of 19 December 2003 on the date of publication of Government Order No. 103 of the People's Government Order No. 103 of 19 December 2003) Chapter I General In order to strengthen construction market management, preserve the construction market order, ensure the quality and security of the works, guarantee the legitimate rights and interests of the parties to the construction activities, and develop this approach in line with the laws and regulations such as the People's Republic of China Building Act, the People's Republic of China bidding law, the construction of quality management regulations. Article 2 engages in construction activities in the administration of the city and implements oversight over construction activities and should be subject to this approach. Article III is responsible for the supervision of the construction market in the current administration. Sectors such as plans, construction, inspection, planning, real estate, safe production, and business administration should be jointly managed in the construction market in accordance with their respective responsibilities. Article IV. Construction activities must be carried out in strict accordance with the principles of openness, equity, justice and equality of competition without prejudice to the interests of the State, the public interest and the legitimate rights of the parties. No unit or individual shall disrupt the construction market order. Article 5 Chapter II The construction unit (including natural persons) shall apply to construction management prior to the start of the project. In accordance with the competence and procedures established by the Department of State, approval of construction works for the start-up report will no longer be obtained. The application for a construction licence shall have the following conditions: (i) The process of approval of the construction works; (ii) Construction works in urban planning areas and planning permits have been obtained; (iii) There is a need for demolitions, which are consistent with construction requirements; (iv) Establishment of construction enterprises (including contractors, professional and labour subcontractors); (v) A construction paper and information approved by the review; (vi) The process of quality monitoring of the work and the implementation of specific measures on the quality and safety of the work; (vii) Fund-building has been implemented. The construction period was not less than one year, and funds were not available less than 50 per cent of the construction contract price; the construction period was more than one year and funding was not less than 30 per cent of the engineering contract price. The construction units should provide financial certificates from banks, bank payment letters or other third-party guarantees; (viii) The construction project, which should be carried out by the institution, has been established by law; (ix) Other conditions under law, administrative regulations. Article 7. Construction enterprises engaged in construction activities (including professional, labour subcontracting enterprises), survey, design, treasury, solicitation, price counselling, engineering tests, etc.) should obtain the corresponding qualifications certificate and engage in construction activities within the limits of the award. Article 8 units entering the city shall be validly certified to the municipal construction industry management and its associated administration. Article 9. The construction enterprise project manager for construction activities (building of teachers), treasury, architects, architects, structural engineers and other professionals should obtain the corresponding hierarchy of certificates of authority and conduct construction activities within their qualifications. Professional technicians, such as quality inspectors, safety inspectors, safety producers, technical workers and practitioners, should obtain induction certificates. Article 10 units and individuals engaged in construction activities should perform their duties seriously and shall not be forged, altered, borrowed or transferred to a certificate of qualifications, qualification or post certificate. Chapter III Article 11. The construction project shall be subject to a solicitation package by law, with the option of selecting the contractor. Projects such as infrastructure, public interest, public security, all or part of national investment or national, provincial and municipal financing, the use of international organizations or foreign government loans, assistance projects, including survey, design, construction, treasury and procurement of essential equipment, materials, etc., related to construction, are subject to tendering: (i) The construction of a single contract estimate of more than 1 million dollars or more than 1500 square meters; (ii) Procurement of important equipment, materials, etc., with a single contract estimate of over 500,000 dollars; (iii) Procurement of services such as surveys, designs, with single contracts estimated at over 300,000 dollars; (iv) The procurement of treasury services, which amounts to more than 5 million dollars or more than 8,000 square meters; (v) A single contract estimate is less than the criteria set out in subparagraphs (i), (ii) and (iii), but the total investment in the project is over 5 million dollars. In the preceding paragraph, all national funds or State-owned funds are used or are dominant, and public tenders should be made available. Article 12. The construction works are one of the following conditions, with approval by the construction industry management, which may not be subject to construction tenders: (i) In relation to national security, national secret or risk-recovery, without appropriate tendering; (ii) Construction of self-employment housing construction works by the construction company and the quality of the construction enterprise is in line with the engineering requirements; (iii) The construction or rehabilitation of construction construction works and the contractor has not changed; (iv) The addition of construction works with a subsidiarial or subjectal weighted work, and the contractor has not changed; (v) The use of specific patents or specialized technologies for the construction of major technologies; (vi) Other cases provided for by law, regulations. Article 13 promotes the implementation of the overall contract for construction projects and prohibits the release of the works. The construction project for a unit engineering technology requiring the same construction site and similar construction conditions should be dispatched to a contractor as a whole in the table paragraph; the area of construction is more than 100,000 square meters, with no fewer than 100,000 square meters per mark. Public solicitation activities related to the construction of construction projects in Article 14. Article 15. The solicitation renegotiation licensor must have the capacity to prepare solicitation documents and to organize tenders with the following basic conditions: construction projects with construction costs of more than 300,000 dollars, which are qualified by the engineering industry or higher-level technical functions, are not less than 10 persons, with less than three qualifications of the engineer occupants; engineering works in construction projects with more than 1000 treasurers. Without the conditions set forth in the preceding paragraph, the solicitation kits should be commissioned by the agent of the solicitation body with corresponding qualifications. Article 16 The solicitation licensor shall publish the terms of solicitation, the solicitation method, the form of solicitation requests prior to the solicitation activities of the construction project, the solicitation information and the prequalification conditions shall be made public for more than 3 days in the designated media and locations and, in the solicitation process, the eligibility review document, the solicitation documents, the solicitation documents to clarify the content of the solicitation documents, the written submission of the solicitation reports to the construction management. Article 17 Engineering construction projects for tendering packages shall not limit the bidder's quotation by reason and conditions that are unjustifiable and shall not be obtained as a solicitation condition for the region, the current industry awards, or subject to unreasonable geographical, industrial, all systems, the exclusion of potential bidders and discrimination against potential bidders, nor shall the potential bidder make a qualitative requirement, financial requirement that would not be compelled to make tenderers less than the cost of tendering. Article 18 Work construction projects for open tendering shall not be less than 7 candidates for prequalification. The pre-qualified bidder was less than seven, and the solicitation licensor should again issue a notice of tendering; it was once again issued less than 7 cases for construction management. Article 19 The solicitation licensor may determine whether the solicitation or tendering shall be used in accordance with the characteristics of the construction project. A proposal for a list of works, or a tendering package, shall be entrusted with a corresponding quality of the work-making advisory body or by a unit with the capacity to prepare, and shall be added to the subsoiling units and their registrations. Article 20 should be compensated for the intentional misleading misleading of tenders or losses caused by misperformance of work. The bidder and other stakeholders considered that the solicitation activities were contrary to the relevant provisions and had the right to challenge the solicitation or to complain to the construction sector. Article 21, which introduces a solicitation package, shall prepare tender documents as required by the solicitation documents. The solicitation documents involve the creation of a quota component that should be subject to the signing of a chapter by a professional. Article 2 allows the use of a lump sum and subcontractor. The general contractor, with the consent of the lender, may subcontract professional works to enterprises with a corresponding professional contractor's qualifications; the contractor, the professional contractor, the contractor's non-working force, should subcontract the labour operation to enterprises with a corresponding workforce. In principle, the construction bidder may not arrange the same project manager or the primary technicians to participate in two or more engineering construction projects. The project manager may, in principle, be able to enter into the construction project of a mark; when the construction project is completed or the construction project is near completion, the construction unit agrees that the parties may host or participate in tenders for another construction project. Article 24 imposes a targeted position on PAE to serve as a master manager and a representative of the Master. Each POE is generally only the master of a project entrusted with a treasury contract; it is necessary to agree with the construction unit and not to exceed three times when it is required to serve as the master of a number of projects entrusted with the award contract. The General Architects Engineer, the General Director of Judicial Engineers must obtain a national certificate of PAE and work in their registered units. Article 25 implements the construction project manager, the master plan engineer, to the operational reserve. The construction project manager, the General Inspectorate, should be given the time to the construction industry management process. Without special reasons, construction enterprises, engineering units may not be replaced with project managers and master plan engineers, which must be replaced with the approval of the construction units and the post of construction management. Chapter IV Quality of work and security management of construction The construction chart design document for construction projects in the administration of the city is available after review. The construction unit shall organize construction in accordance with the construction map design document approved by the review. The construction process involved changes in the design of major structures, and the construction design map should be presented for approval by the former review body. Article 27, Construction units, construction units, treasury units, survey design units, testing units must strictly implement the basic construction procedures and the construction of mandatory standards for engineering. Article 28 should be tailored to the characteristics and technical requirements of the treasury engineering project, to prepare pre-school planning, side-by-step programmes, and to prepare the rules on the basis of actual works. Article 29 provides that the engineering construction project experience is eligible for delivery; the construction unit shall carry the relevant documents for the completion of the processing of the receipts for the construction of the construction industry management for the construction process within 15 days of the completion of the clearance process; and no registration of property by the real estate management for the processing of the property registry without the completion of the receipt. Article 31 establishes and implements a security production evaluation system for construction units. The construction units should have security conditions under the laws, regulations and national standards or industrial standards, and should organize construction in accordance with safety production regulations, protocols, mandatory standards and civilized construction requirements. The construction unit and the engineering project body should establish a safe production security system. The statutory representative of the construction unit is responsible for the safe production of the unit; the main project manager (project manager) should obtain a security production certificate. Specific responsibility for the safe production of the engineering project on the ground is assumed. The construction safety manager should be assigned directly, directly managed by the construction unit and be one of the members of the construction unit for the management of the project. All persons entering the construction site must be subject to the safe production management on the ground. In addition to the performance of the relevant administration, any unit or individual has not obtained legal proceedings or has not been permitted to enter the construction site. Article 33 should be closed and security protection facilities should be established in accordance with national, industrial standards and regulations. Production, living and office areas must be reasonably separated, and the residential facilities of the worker should be in line with the requirements of health, ventilation, lighting, etc., and the food, water supply of the worker should be in line with the health requirements. Chapter V The parties to construction works should follow the principle of fair and honest credit, enter into a written contract under the law and report the relevant administration. The contract for the construction of the tendering package shall be concluded in accordance with the solicitation documents, the solicitation documents and the letter of credit. It is prohibited to enter into private mattresses, subsidised works, and other agreements, such as price pressure, price rises, changes in payment modalities, to the substantive content of the contract. The subcontractor shall enter into a labour contract with construction workers. Article 335 Professional subcontracts and the contents of labour subcontracts must be set out in the contract of delivery. The licensor shall not be compelled to designate the subcontractor and the subcontractor in contravention of the contract agreement. Article XVI provides for the payment of security guarantees and works under construction projects. In accordance with the contract agreement, the contractor's submission to the licensor (building units) shall also provide the contractor with the security of the works. The level of security is generally 5 per cent of the total contract value. In accordance with the contract agreement, the licensor shall pay the engineering and engineering settlement and, in contravention of the contract agreement, the construction sector shall not issue a construction licence for its new construction projects in accordance with the relevant provisions of the State. The contractor shall pay the subcontractor's works in accordance with the subcontractor's agreement, and the subcontractor shall pay the costs of construction workers in accordance with the labour-used contract, and the contractor, the subcontractor's proceeds shall give priority to the payment of construction services and wages, without deduction, arrears. Article 338 modus operandi, fee standards and duration of work construction projects shall be subject to the relevant provisions. The parties to the engineering licensor shall, after the completion of the work, be eligible for the duration specified. Article 39 Management of the construction industry should regularly issue market material price information and price indices in accordance with national, provincial and construction market material, manual fees, mechanical fees, etc. Article 40 The engineering insurance premiums in three districts are managed uniformly by the district construction industry management and are monitored and directed by the municipal construction industry. Chapter VI Intermediation services Article 40. Business brokering services such as engineering price counselling, solicitation, construction of treasury, engineering testing, should be guided by objective, fair, scientific and honest credit principles. Article 42 Intermediation services should comply with laws, regulations and national policies to strictly implement standards, norms and protocols for construction of works; and to work in accordance with contractual agreements, to provide information, data, conclusions, proof of delivery, authenticity of reports or other documents to ensure the quality of service activities and work outcomes. Intermediation services may not be subordinated to the relative clients or other hurdles. Article 43 thirteenth intermediary services should enter into a written award contract with the author, specifying the rights and obligations of both parties, paying the fees agreed upon by the contract, and the fees provided by the State, the province shall be subject to its provisions. A written award should be submitted to the construction industry management. Article 44 (i) At the same time, acceptance of the mandate of the author (the solicitor) and the contractor (the bidder); (ii) At the same time, two or more tenderers are entrusted with the related operation of the same engineering project; (iii) Contrary with the abductor (licensor) or the contractor (the bidder) for the benefit of illicit interest; (iv) Transfer of the operation to others; (v) Other acts prohibited by law, regulations. Article 48 fifteenth construction units and their engineering administrators shall, in accordance with contractual agreement, carry out engineering oversight of design units and construction units in accordance with the standard of quality design, engineering design requirements, quality requirements for construction technical standards and contractual agreements, and the construction work schedule. Article 46 should be equipped with the necessary equipment and instruments to carry out scientific test activities. The engineering testing report should include the following key elements: (i) Purpose, content and date of testing; (ii) To detect instruments and equipment, to test data and the necessary calculation analysis; (iii) A description of the occurrence of abnormalities in the testing process; (iv) Monitoring conclusions. The quality oversight bodies of the works should be reported in a timely manner with regard to experiments, testing is not qualified. Chapter VII Legal responsibility Article 47, in violation of the relevant provisions of this approach, is sanctioned by the construction industry management and other relevant administrative authorities in accordance with the provisions of the Law on Buildings in the People's Republic of China, the bidding law of the People's Republic of China, the regulations on quality management of construction works. Article 48, in violation of article 8 of this approach, stipulates that units entering the construction activity in the city are not processed for the duration of the period of time being converted by the municipal construction industry management or the related sector; and that the period of time has not been changed to impose a fine of up to $100,000. Article 49 project manager, custodial engineers are not performing their duties in accordance with the norms, and the construction sector management should be responsible for redirecting the fine of up to $3000 and suggesting that the issuing authority reduces or revokes its operational qualifications. Article 50, in violation of this approach, provides that the intermediary has one of the following acts, which are warned by the construction industry management, corrective action and may impose a fine of up to $100,000, paying damages under the law: (i) A document containing or providing false data, conclusions and reports; (ii) Competition based on fees that are lower than those provided by States; (iii) The solicitation agent, the establishment of a price consulting unit receives the authorization of the licensor of the same engineering project (the solicitor) and the contractor (the bidder) or is entrusted by more than two (two) bidder of the same engineering project. Chapter VIII Article 50 is implemented since the date of publication. Order No. 36 of 26 September 1995, amended by Order No. 69 of 17 September 1998 by the municipality of the municipality of the city, was repealed at the same time. |
