Administrative Measures For The Construction Market In Hefei City

Original Language Title: 合肥市建筑市场管理办法

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(On November 14, 2003 Hefei Government 19th times Executive Conference considered through on December 19, 2003 Hefei Government makes 103th, announced since announced of day up purposes) first chapter General first article to strengthening building market management, maintenance building market order, ensure engineering quality and security, guarantees building activities party of lawful rights and interests of, according to People's Republic of China building method, and People's Republic of China tender bid method, and construction engineering quality management Ordinance, legal regulations
    , Combined with the city's actual, these measures are formulated.
    Article engaged in construction activities in the administrative area of the city, the implementation of supervision and management of construction activities shall abide by these measures.
    Article city and County construction management Department is responsible for construction market supervision and management of the work within their respective administrative areas.
    Planning, construction, supervision, planning, real estate, workplace safety, industrial and commercial administrative departments shall, in accordance with their respective responsibilities and good management of the construction market. Article fourth building activities must be conducted strictly in accordance with law, following the principles of openness, fairness, impartiality, fair competition and must not harm national interests, public interests and the legitimate rights and interests of the parties.
    No unit or individual may disrupt the order of the construction market.
    Fifth construction management departments shall, in conjunction with the relevant authorities to establish credit in construction market information disclosure system. Chapter two building permits the sixth where the construction cost at more than 300,000 yuan building works or construction area of more than 300 square meters, the construction unit (including natural persons) should be at the pre-construction to construction engineering project management application for a construction permit.
    Limits of authority and procedures approved by the State Council work report of building works, no longer receiving the construction permit.
    Application received construction license should has following conditions: (a) has handle the construction with to approved procedures; (ii) in city planning district of construction, has made planning license; (three) need demolition of, its demolition progress meet construction requirements; (four) has determine building construction Enterprise (including total contracting enterprise, and professional and labor points package enterprise); (five) has by review approved of construction drawings and the information; (six) has handle engineering quality supervision procedures, and implementation engineering quality and security of specific measures; (VII) funds for construction have already been implemented. Construction period less than 1 year, the funds shall be not less than 50% of contract cost; construction period of more than 1 year, capital works shall not be less than the contract price 30%.
    The construction unit shall provide Bank proof of funds, bank payment letter of guarantee or other third parties; (VIII) supervision of engineering supervision of construction projects have been determined by law, (I) other conditions stipulated by laws and administrative regulations.
    The seventh construction enterprises engaged in construction (including professional, labor service enterprises), exploration, design, supervision and tendering Agency, consulting, engineering and other units shall obtain the relevant qualification certificates, and level of qualification and licensing construction activities within the scope of.
    Eighth field into this municipality shall hold a valid certificate of units engaged in construction, construction management and other relevant Administrative Department for record. Nineth construction company engaged in construction project manager (architect), supervision engineers, cost engineers and architects, structural engineers and other professionals should obtain the appropriate level of qualification certificates, and is engaged in construction activities within the scope of its licensing.
    Construction quality inspectors and safety inspectors, safety managers, skilled operators of professional and technical personnel shall obtain the certificate.
    Units and individuals engaged in construction of the tenth article should seriously carry out job responsibilities, shall forge, alter or lend or transfer certificate, certificate or post certificate.
    Chapter III contract awarding and contracting of the 11th engineering construction projects shall be contracted through public bidding according to law, merit selected contractors.
    Based facilities, and utilities, relationship social public interests, and public security of project, all or part using state-owned investment or national, and province, and city financing of project, using international organization or foreign government loan, and assistance funds of project, including survey, and design, and construction, and supervision and engineering construction about of important equipment, and material, of procurement, meet following conditions one of of must for tender: (a) construction single contract estimates price in 1 million Yuan above or area in 1500 square meters above of;
    (Ii) important equipment, and material, goods of procurement, single contract estimates price in 500,000 yuan above of; (three) survey, and design, service of procurement, single contract estimates price in 300,000 yuan above of; (four) supervision service of procurement, investment in 5 million Yuan above or area in 8000 square meters above of; (five) single contract estimates price below subsection (a), and (ii), and (three) items provides of standard, but project total investment in 5 million Yuan above of.
    In the provisions of the preceding paragraph, all using State funds or State funds account for holding or leading position should be tender.
    12th article construction has following case one of of, by construction management sector approved, can not for construction tender: (a) involved national security, and national secret or rescue relief and not suitable tender of; (ii) construction enterprise since built use of housing building engineering, and the construction Enterprise qualification grade meet engineering requirements of; (three) stopped or postponed Hou recovery construction of construction, and contractor not occurred change of;
    (D) construction appended with an integral subsidiary of main construction works or subject combined with engineering and the contractor did not change (v) construction technology using a particular patent or proprietary technology; (vi) other circumstances as stipulated by laws and regulations.
    13th advocated overall contracting of engineering construction projects, prohibiting the contracting of projects.
    For a unit of engineering and technical requirements are the same as, the same construction site and conditions similar to those of construction area 10000 square meters the following construction projects should be treated as a section of the overall contract to a contractor; construction area of more than 10000 square meters, each divided section of not less than 10000 square metres.
    14th construction project investigation, design, construction, supervision and tendering agent, professional subcontractors relating to the construction and labor service, as well as important equipment and materials procurement tendering activities, should be in accordance with the principle of territorial management in city and County construction projects trading Center opened to the public. 15th article itself implementation tender employer of tender people must has prepared tender file and organization assessment standard of capacity, has following basic conditions: engineering cost in 30 million Yuan above of building project, its this units has engineering building class practice industry qualification or intermediate above professional technology titles of full-time personnel not less than 10 people, which has cost engineers practice industry qualification personnel not less than 3 people; engineering cost in 10 million Yuan above of building project,
    Its this units has engineering building class practice industry qualification or intermediate above professional technology titles of full-time personnel not less than 8 people, which has cost engineers practice industry qualification personnel not less than 2 people; engineering cost in 10 million Yuan following of building project, its this units has engineering building class practice industry qualification or intermediate above professional technology titles of full-time personnel not less than 6 people, which has cost engineers practice industry qualification personnel not less than 1 people, above personnel should familiar construction program and and engineering construction related of policy regulations.
    Does not have the conditions prescribed in the preceding paragraph shall entrust a qualified bidding Agent proxy bidding.
    16th article tender employer people should in for engineering construction project tender activities Qian will tender range, and tender way, and tender organization reported to the approved, tender Shi should will engineering information and the qualification pre conditions in specified of media and locations public released 3rd above, in tender process in the should will qualification review file, and tender file, and tender file clarified modified content, and tender bid situation written report reported construction management sector record.
    17th article tender employer of engineering construction project, tender people shall not to not due of reason and conditions limit bid people registration, shall not to get this area, and this industry awards as tender conditions, or to not reasonable of geographical, and industry, and ownership, conditions limit, and exclusion potential bid people and on potential bid people implemented discrimination treatment, shall not on potential bid people proposed and tender engineering actual requirements inconsistent of qualification grade requirements, and funds requirements, shall not forced bid people to below cost of price bid, shall not any compression reasonable duration.
    18th public bidding of engineering construction projects, after the prequalified bidders shall not be less than 7.
    Prequalified bidders is less than 7, bidding should again issue a tender announcement; published again less than 7 shall be reported to the building industry Management Department.
    19th bidding may be determined according to the characteristics of engineering construction projects by engineering quantity list bidding or set of bidding.
    Application of engineering quantity list bidding or bidding contract shall entrust a qualified engineering cost consulting agencies or prepared by the capacity of the units, and the pretender and registered cost engineer seal.
    20th bidding or tendering agency deliberately misled a bidder or bidder's loss due to errors, compensation shall be made.
    Bidder and other stakeholders believe that the tendering activities in breach of the provisions of the right to tender objection or complaint to the management in the construction industry. 21st contracted through public bidding, bidders should be in accordance with the requirements of the tender documents preparation tender documents.
    Bid documents cost part should be cost involved in professional signature. 22nd contracting engineering General Contracting, subcontracting may be used.
    General contractor by the employer agrees you can subcontract with appropriate professional engineering professional contract qualification of enterprises general contractor, specialty contractor services jobs-free team, service jobs should be to have the appropriate qualification of labor subcontracting enterprises. 23rd construction bidders are not entitled to the same project managers or technical staff also participate in the construction project of two or more bids.
    In principle, the project manager can only undertake a construction project when undertaking the construction project has been completed, or when projects near completion, agreed by the employer before they can undertake or participate in another bidding of construction project. 24th Presidency of engineer general supervision engineer and general supervision on behalf of the implementation of title location. Each engineer can only serve as the Project Director of an agency appointment contract; needs at the same time as a number of agency appointment contract when the Project Director shall be agreed by the employer and up to 3.
    Chief supervisor, representatives of the Chief management engineer must obtain a certificate issued by the State engineer, and registered in the unit. 25th implement construction project manager, Chief supervision engineer to undertake business-filing.
    Construction project manager, Chief supervision engineer to undertake business shall, without delay after the construction management Department for record.
    Without special reasons, construction enterprises, construction supervising units shall not be free to replace the project manager and Chief management engineer, really need to be replaced, the replacement project manager and Chief management engineer must be agreed by the owner and construction management Department. The fourth chapter works quality and 26th in construction safety management of building construction projects within the administrative area of the city after examination and approval of construction drawing design documents before using. Construction unit shall, after examination and approval of construction construction drawing design documents.
    Involving major design changes in the course of construction, construction drawings shall be submitted to the approval of review bodies.
    27th employer, construction, supervision, and investigation and design units, testing units must strictly implement national infrastructure programs and engineering construction compulsory standard.
    28th supervision units should be aiming at the supervision of projects and technical requirements, pre-construction preparation of supervision plan, construction site supervision plan, and based on project supervision rules.
    After acceptance, the 29th engineering construction projects, deliverables; units shall from the date of project completion acceptance within the 15th carry the relevant documents submitted to the construction management Department handling the completion inspection formalities without acceptance for the record, the real estate management Department shall not for the property registration procedures.
    30th establishing and implementing construction production safety evaluation system.
    Construction units should meet the legal, regulatory and safety conditions stipulated by national or industrial standards, in accordance with the safety regulations, rules, mandatory construction standards and construction requirements.
    31st construction units and projects shall establish safeguards system. Construction safety production of the legal representative of the entity responsible for the major in charge of the project (Project Manager) safety position, should prove.
    Specific responsibility for project site safety.
    Construction site safety management personnel should be appointed directly by the construction unit, direct management, and as a member of the Organization of construction unit for project management.
    32nd all persons to enter the construction site must be subject to on-site safety management.
    In addition to the relevant administrative departments to perform their duties, no unit or individual without legal procedures or to enter the construction site without permission. 33rd construction site management should be closed, and in accordance with national and industry standards and regulations set safety protection facilities.
    Production, living and work areas must be reasonable to separate, more residential facilities shall comply with the requirements for hygiene, ventilation, lighting, staff meals, water supply shall comply with the hygiene requirements.
    Fifth chapter 34th construction contracts and cost Contracting Parties shall follow fair and the principle of good faith, enter into a written contract in accordance with law and submitted to the relevant administrative departments.
    Bidding contract for construction projects shall be in accordance with the tender documents, the content of the tender documents, bid notices signed.
    Prohibits the contracting parties signed in private fund, to (room) deduction works, as well as pressure level, prices, bids, change the method of payment, such as a departure from other agreements about the substance of the contract.
    Subcontractors should labor contract with the builders.
    35th major subcontracting, subcontracting must be stated in the contract.
    The employer must not violate the contract, subcontracting by Mgr, subcontracting. Article 36th construction engineering project performance guarantees and payment guarantees. Contracting Parties in accordance with the contract, the contractor to the employer (the employer) when submitting a performance guarantee, the employer (the employer) should also be available to the contractor payment guarantees.
    5%~20% of a security limit is generally the total value of the contract.
    37th the employer shall pay the project in accordance with the contract and with the settlement, the projects have been completed, the employer's breach of contract in arrears, according to relevant regulations of the State management sector of the construction industry on the new construction projects are not issuing construction permits.
    Contractors shall subcontract agreed to pay subcontractors work, subcontractor shall be in accordance with the labor contract agreed to pay builders ' costs, contractor, sub-contractor income works, should give priority to safeguard the construction labor costs and the payment of wages, shall not be deducted, default.
    Article 38th engineering construction project pricing, cost and duration shall comply with the relevant provisions.
    Project Contracting Parties shall upon acceptance of the works stipulated period to handle accounts.
    39th construction management departments shall, in accordance with national and provincial regulations and construction material, labor, equipment costs, price changes, timely adjusted valuation factors and pricing methods, regularly publish marketing materials price and cost indices. 40th article of the municipal building, installation, labor charges carry out unified management of decoration engineering.
    Tri-County area's labor cost is by the construction management Department works for uniform management, and supervised by the Municipal Department of construction management and guidance.
    Sixth chapter 41st intermediary services in engineering cost consulting, tender agent, construction supervision, engineering business intermediary service organization shall follow the objective, impartial, scientific and the principle of honesty and credit of intermediary activities carried out.
    42nd intermediary service organization shall abide by the laws, regulations and national policies, strict enforcement of construction standards, norms and procedures under contract for trustee services, the provision of information, data, conclusions, issued by the certificate, report or other document the authenticity, accuracy, ensure the quality of service activities and outcomes of the work of.
    Intermediary service organization shall not have affiliations with the opposite party of the client or other interested parties. Article 43rd intermediary service agencies must sign a written contract with the principal, clearly the rights and obligations of the parties, in accordance with the contract standard rates of charge provided in national, provincial, shall, in accordance with its provisions.
    A written contract shall be submitted to the construction management Department.
    44th article engineering cost Advisory, and tender agent units shall not implementation following behavior: (a) while accept employer people (tender people) and contractor (bid people) of delegate; (ii) while accept two or two a above bid people on same project of about business delegate; (three) and employer people (tender people) or contractor (bid people) collusion, seek illegal interests; (four) will undertake of business transfer to others; (five) legal, and regulations ban of other behavior.
    Article 45th construction supervision units and project supervisory personnel should be based on the contract, in accordance with the design standards of construction quality, engineering requirements, technical standards for the construction and contract quality requirements and construction processes to design and construction engineering supervision.
    46th engineering test unit shall be equipped with the necessary equipment and instruments, scientific testing methods to carry out inspection activities.
    Engineering test report should include the following main elements: (a) testing purposes, content and date; (ii) instrumentation and equipment, testing data, calculation and analysis of the necessary; (c) the description of the detection of anomalies in the process; (d) the test conclusions.
    To experiment, fail to pass the test, shall be promptly reported to the engineering quality supervision institutions.
    Seventh chapter responsibility 47th in violation of the relevant provisions of law, managed by the construction sector and other related administrative departments in accordance with the People's Republic of China Building Act and the People's Republic of China bidding law, the construction engineering quality management regulations and other laws and regulations will be punished.
    48th article violates these measures under article eighth, field access units engaged in construction in the city is not the filing formalities by the municipal construction administrative department or relevant Department be ordered to rectify; fails to change, a fine of 10000 Yuan fine.
    49th project manager, supervising engineer is not in accordance with specifications to perform his duties, if the circumstances are serious, construction management Department shall be ordered to correct, a fine of 3000 Yuan fine, and recommended that the issuing authority to reduce or revoke the licensing. 50th article violation this approach provides, intermediary institutions has following behavior one of of, by construction management sector be warning, and ordered corrected, and can sentenced 10000 Yuan following of fine, to others caused loss of, law bear compensation responsibility: (a) issued or provides false data, and conclusion, and report, file of; (ii) to below national provides of charges standard competition of; (three) tender agent, and cost advisory units accept same project of employer people (tender people) and contractor (bid people) of delegate,
    Or accept more than two of the same project (two) commissioned by the bidder. Eighth chapter supplementary articles article 51st these measures as of the date of promulgation.
                                            On September 26, 1995, the city government order 36th release, September 17, 1998, the City Government the 69th and made changes to the management measures of the construction market in Hefei and the abolition of.

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