Key Benefits:
(Letter dated 29 July 2003 from the 14th ordinary meeting of the Government of the Shanghai City to consider the adoption of the Decree No. 6 of 1 August 2003 by the Government of the Shanghai City) The Government of the city has decided to amend the provisional approach to the management of construction works in Shanghai City as follows: Article 21, paragraph 1, was amended to read: The following construction works should be carried out by the construction unit: (i) National and city-focused construction works; (ii) Large medium-sized utility works; (iii) The construction of small-scale residential areas for photo development; (iv) The use of loans from foreign Governments or international organizations to assist funds; (v) The State and the Government of the city stipulate that other works must be carried out. Paragraph 3 of Article 22 reads as follows: The construction of the construction of the treasury operation could select the treasury units through tendering. However, the construction of tenders must be carried out in accordance with the law and the construction units should select the institution through tendering. Article 34 was amended to read: In violation of this approach, there are one of the following acts, which are redirected by the municipal construction or district, district-building administration, or by the time frame, and punished in accordance with the following provisions: (i) The treasury of the treasury engineers in two or more treasury units, or in the name of the individual, to carry out the construction of the treasury operation and to impose a fine of more than 3,000 dollars; (ii) In the absence of approval, the National Architects Agency cooperated with the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan region or foreign institutions involved in the management of construction activities projects, warning them and fines of up to 3,000 dollars. In violation of this approach, there are one of the following acts, which are sanctioned by municipal construction or district, district-building administration, in accordance with the provisions of the construction law of the People's Republic of China, the bidding law of the People's Republic of China, the construction of the Quality Management Regulations and the Shanghai Market Management Regulations: (i) The absence of a certificate of qualifications, a licence or a certificate of qualifications for the executive branch of the engineer, or the construction of a engineering operation in the city or the corresponding operation; (ii) The treasury unit goes beyond the hierarchy of qualifications and the scope of operation to the construction of the engineering administration, the transfer of the treasury operation or the collusion of the contractor's construction works with the institution of the institution of the construction, the reduction of the quality of the construction work or the provision of construction materials, components and equipment, which are subordinated to the management, business relations or other stakes, and the acceptance of the institution's authority; (iii) There should be no custodial construction work; (iv) The construction unit will entrust the construction of the engineering operation to the engineering treasury units that do not have the corresponding qualifications; (v) The construction of tenders by law must be carried out, and the construction units are not chosen by tendering. Other amendments: In article IV, the “Support of the Shanghai City” has been amended to read “The Commission on Construction and Management of the Shanghai City”. The Hong Kong Special Administrative Region, Macao, Hong Kong, Hong Kong Special Administrative Region and Macao, and article 31, paragraph 1, have been amended to read “The Hong Kong Special Administrative Region, the Macao Special Administrative Region”. The Provisional Approach to Construction in the Shanghai City was re-issued in accordance with this decision, with consequential changes in the text of some provisions. This decision was implemented effective 1 September 2003. Annex: Provisional approach to the management of the construction of works in Shanghai City (amended in 2003) (Act of the Decision of the Government of the Shanghai City of 16 July 1999 No. 70, amended by the Decision of the Government of the Shanghai City of 1 August 2003 to amend the provisional approach to the management of construction at the Shanghai City) Chapter I General Article 1 To ensure the quality of construction work and to enhance the investment effectiveness and management levels of construction works, this approach is developed in accordance with the People's Republic of China Building Act and the Shanghai Market Management Regulations. Article 2 This approach refers to the construction of a engineering institution (hereinafter referred to as a treasury unit), which is entrusted with the construction of construction units, and, in the context of a contractual agreement, oversees construction activities under the law, legislation and related technical standards and construction of engineering charter contracts. Article 3 This approach is applied to the construction of the construction of the engineering and related management activities within the city's administration. Article IV (Management) The Shanghai City Construction and Management Commission (hereinafter referred to as the municipal construction committee) is the administrative authority for the construction of construction works in the city, with a specific responsibility for the management of the construction of construction works in the city. In accordance with its responsibilities, the regional, district-building administration is responsible for the management of the construction of engineering institutions within the executive area. Article 5 The Shanghai City Agency for Construction is the self-regulation organization for the construction of the engineering unit, whose main task is to carry out vocational disciplinary education and oversight, conduct business training and communication, and maintain the legitimate rights and interests of the member units in accordance with the law. The City Council provides guidance and oversight on the activities of the Shanghai City Construction Association. Article 6 The principle of independence, objectivity, openness, equity and justice should be followed by the construction of the construction of the engineering administration. Article 7 The city supports the development of scientific and technical research and talent training in engineering institutions and encourages the adoption of high-tech and modern management approaches. Article 8 The city promotes the participation of the institution in the responsibilities insurance. Chapter II Article 9 The establishment of a treasury unit in this city should be registered by the business administration and obtained a certificate of the quality of the treasury units of the State concerned or of the municipal council. The establishment of a medium-term joint venture, a subregional cooperation unit should be reported to the external economic trade management and the approval of the municipal council; the external side of the medium-term joint venture and the secondary cooperation unit should be the institution involved in the management of construction activities projects. Article 10 The following materials should be made available to the Urban Institute for the application of the institution's qualifications: (i) A request for qualifications; (ii) The authorized name of the business administration; (iii) The statute of the unit; (iv) A certificate of registration and place of business; (v) Purchase of engineers and other prison personnel. The municipal councils should provide non-reimbursable counselling for the application of qualifications. Article 11 The qualifications levels of the institution are divided into grades A, B and C. Upon approval of the approval by the Committee of Governors, the qualifications of the IGO are presented to the State Department for the construction of the executive authority; the level 3 of the institution and the quality of the CFA is approved by ICJ. The conditions for the approval of the institution are implemented in accordance with the relevant provisions of the Department of State's administrative authority. Article 12 The new construction engineering unit was established, with a tentative hierarchy of qualifications within two years from the date of the nuclear certificate, and a formal hierarchy of qualifications was approved after two years in accordance with the terms of qualifications and the performance of the construction office. After three years of the date of the customization, the IASB may submit a request for a qualitative upgrading to the commune, which is subject to conditions of qualifications, its actual performance and operational conduct. The institution should be involved in the construction of the engineering operation within the framework of the hierarchy of qualifications, with the exception of the operation of the management of the previous hierarchy, subject to the approval of the Board of Governors, following a request for a qualitative upgrading. Article 13 In addition, the Ministry of Foreign Affairs has entered into the construction of the construction of the engineering operation and should have access to a licence for the operation (hereinafter referred to as a copy of the licence). The following materials should be made available to the Urban Construction Board for application of a licence: (i) The application for the conduct of the operation; (ii) A copy of the certificate of qualifications for the establishment of a nuclear-professional unit of the administrative authorities; (iii) A copy of the licence of the legal person; (iv) Booklets on the administration of justice; (v) Evidence of the outward operation of the institution of administrative authorities over the provincial level; (vi) Table on the situation of the staff of the posting. Article 14. The Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan region and foreign institutions involved in the management of construction activities projects should be granted by the Municipal Foreign Economic Trade Administration with the approval of the Municipal Council to obtain a copy of the licence for the operation and to register the business administration sector, and the construction of the construction of the construction of the construction of the construction exercise in the city. Article 15 The application of the municipal council to receive the qualifications and entry of the treasury units shall be decided in writing within 30 days of the date of receipt. The reasons should be set forth in the written decision. Article 16 This city introduces an annual inspection system for the institution. The absence of an annual review and the receipt of a written presentation by the municipal construction office or the district, district and district-building administration sector is still not applied as an automated industry; the award of the award of the institution of the institution of the institution or the licence of the stamp is cancelled by the Communiqué. The annual review was not qualified, and the municipal construction service was responsible for the change of its time limit, and the conversion period took place in accordance with a low level of qualifications or reduced operational scope. Two consecutive annual examinations were not qualified, and the municipal council had reduced one of its qualifications or a notice of the write-off of tickets; the level of qualifications was the lowest, and its certificate of qualifications was cancelled by the municipal council. Article 17 In this city, the construction of the engineering treasury operation should be certified by the PAE. The following conditions should be met: (i) A certificate of eligibility for PAE, in accordance with national or municipal uniform examinations; (ii) To conduct more than two years of operation in the institution of the judiciary; (iii) Registration in accordance with the relevant provisions of the State and the city. The conditions for the award of the award of the award for the award of the award are set out by the Municipal Council. Article 18 The PAE applicant is one of the following cases and is not registered; the registered authority has recovered the certificates of the PAE and has written off: (i) There is no civil capacity to conduct or to limit the capacity of civil conduct; (ii) Be sentenced to imprisonment for more than three years, with the exception of an offence; (iii) The suspension of the award of the PAE, which is not more than three years; (iv) Administrative penalties for failure to register self-registered conduct in the name of the PAE, for more than three years; (v) Administrative penalties for major economic offences are not over three years; (vi) Provision of false registration applications; (vii) Other cases provided by the Government of the city. Article 19 The PAE shall operate in a treasury unit without having to operate at the same time in two or more treasury units, and shall not carry out construction work in the name of the individual. Chapter III Article 20 Construction is structured into pre-construction phases, survey design stages, construction phase and maintenance phases; all stages include control aspects such as quality of works, work periods and fund-raising. The construction phase and control elements are agreed by the construction unit in the contract in accordance with the construction of the engineering treasury. Article 21 The following construction works should be carried out by the construction unit: (i) National and city-focused construction works; (ii) Large medium-sized utility works; (iii) The construction of small-scale residential areas for photo development; (iv) The use of loans from foreign Governments or international organizations to assist funds; (v) The State and the Government of the city stipulate that other works must be carried out. The construction phase of construction works within the previous paragraph must be administered. Other phases must be subject to the scope of the institution, which is based on the level of technical development in the city. Article 2 (Core commission) The construction units should be entrusted with the construction of engineering institutions with commensurate qualifications. The institution of the construction of the treasury operation should be adapted to its ability to assume economic responsibilities, which are otherwise provided by the ICJ. The construction of the construction of the treasury operation could select the treasury units through tendering. However, the construction of tenders must be carried out in accordance with the law and the construction units should select the institution through tendering. Under the same conditions, the custodian units participating in the responsibilities insurance have priority over tenders for construction of the responsibilities. The construction of the PMS programme should include the priority of the right to mark in the institution of the institution that reflects the participation in the responsibilities insurance. Article 23. The construction units should enter into the construction of the construction work commission entrusted with the institution of the institution (hereinafter referred to as the treasury contract). The contract was concluded in the light of the model text of the State or the city's treasury contract. Article 24 The construction of the works is based on the following provisions: (i) Preparation of the construction of the construction of the treasury planning; (ii) The professional development of the construction of the engineering rule in accordance with the progress of construction; (iii) Execution of the executive branch in accordance with the construction of the engineering code; (iv) Properate in accordance with established operating procedures and formats; (v) A written assessment of the construction of the engineering assessment report; (vi) After the completion of the mission, the construction units are presented to the construction cell for the Archives. Article 25 In accordance with the agreement of the custodial contract, the treasury units should be equipped with the appropriate strength and complexity of the construction site. The construction of the PAE is responsible for the implementation of the PAE. The General Architects Engineer exercises the delegated authority under the custodial contract and is fully responsible for the commission of the delegated administration. The PAE is appointed by the PO. In the event of the departure of the General Architects Engineer from the construction work site, the General Director of the Architects should designate an on-site representative to exercise the functions of the General Inspectorate Engineer. Article 26 The construction project was commissioned, and the construction units should inform the units of construction projects before the construction of the construction of the engineering institution, the content of the treasury, the treasury authority and the proxy. The units that host construction projects should be provided with information such as the original records required for the institution. Article 27 Within the scope of the contract, the construction units should be issued in writing by the Director-General, or by their designated field representatives. The construction project units should be answered within a reasonable period of time in connection with the construction of the engineering project by the Director-General of Technology or his designated representative on-site. Article 28 (Rights of the institution to build construction work on construction) The institution has the following rights in the construction work area: (i) The construction project design does not meet the quality requirements of the construction work or the quality requirements of the construction of the contractual agreement for the construction of the engineering consignment, and reports that the construction unit requires that the design cell be changed; (ii) Construction works are not in accordance with design requirements, construction technical standards and construction contract contractual agreement or may result in quality of work, safety hidden, and require that the construction unit be changed; (iii) Building materials, components and equipment that affect the quality and safety of the structure of the construction work subject to construction, which are not used or installed in the works without the approval of the signature, and non-qualified construction materials, components and equipment for other quality, requiring that the construction unit cease its use; (iv) The inspection of hidden works; (v) Recommend the removal of units, project heads or associated personnel that are not eligible for construction projects; (vi) It is recommended that the project manager of the non-qualified construction units be removed and that it be entitled to reflect the relevant authorities. Article 29 The custodian has a confidential responsibility for the information and documentation provided by the construction unit or the units hosting construction projects. The failure of the institution to fulfil its obligations under the administration of justice or the loss of the construction unit due to the error of the instruction of the institution should be subject to the corresponding liability. The treasury unit, in conjunction with the units hosting construction projects, has caused losses to the construction units and should be subject to associated liability with the units hosting construction projects. Article 33 (External institution) Foreigners alone and foreign grants, loan construction works are governed by the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan region or foreign institutions involved in the management of construction activities projects. Cooperation is justified and should be approved by MCS. Medium-term joint ventures and the construction of secondary cooperation should be governed by the national establishment of a treasury unit. However, other provisions are provided for by law, legislation and regulations. Article 31 (Option of a professional institution) With the agreement of the construction unit, the treasury units could relegate some of the professional treasury operations to other professional treasury units; entrust the professional treasury units with the conduct of the treasury, and the PAE should be vested with the institution entrusted by the construction units. Article 32 (Application fees) The construction of the engineering treasury criteria or the manner of payment, taking into account the relevant provisions of the State and the city. The prison fees are included in the construction project estimates. Article 33 (Actual prohibition) The institution shall not have the following acts: (i) In addition to the scope of a licence or to the scope of a licence to perform the construction of a engineering operation; (ii) A collusion with the contractor's contractor units that are subject to the construction of the construction work, to avert a break and to reduce the quality of the construction work; (iii) Transfer of construction work treasury operations; (iv) Contracting units with construction works or construction materials, components and equipment supply units are subordinated to the relationship, business service relations or other stakes, and are entrusted with the construction of construction units. Chapter IV Legal responsibility Article 34 In violation of this approach, there are one of the following acts, which are redirected by the municipal construction or district, district-building administration, or by the time frame, and punished in accordance with the following provisions: (i) The treasury of the treasury engineers in two or more treasury units, or in the name of the individual, to carry out the construction of the treasury operation and to impose a fine of more than 3,000 dollars; (ii) In the absence of approval, the National Architects Agency cooperated with the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan region or foreign institutions involved in the management of construction activities projects, warning them and fines of up to 3,000 dollars. In violation of this approach, there are one of the following acts, which are sanctioned by municipal construction or district, district-building administration, in accordance with the provisions of the construction law of the People's Republic of China, the bidding law of the People's Republic of China, the construction of the Quality Management Regulations and the Shanghai Market Management Regulations: (i) The absence of a certificate of qualifications, a licence or a certificate of qualifications for the executive branch of the engineer, or the construction of a engineering operation in the city or the corresponding operation; (ii) The treasury unit goes beyond the hierarchy of qualifications and the scope of operation to the construction of the engineering administration, the transfer of the treasury operation or the collusion of the contractor's construction works with the institution of the institution of the construction, the reduction of the quality of the construction work or the provision of construction materials, components and equipment, which are subordinated to the management, business relations or other stakes, and the acceptance of the institution's authority; (iii) There should be no custodial construction work; (iv) The construction unit will entrust the construction of the engineering operation to the engineering treasury units that do not have the corresponding qualifications; (v) The construction of tenders by law must be carried out, and the construction units are not chosen by tendering. Article 35 (Central prosecution of perpetrators of violations) Staff in the construction of the administration should comply with the law and enforce justice. Administrative disposal is given by its units or superior authorities, which constitute a crime and are criminalized by law. Article 36 (Review and litigation) The parties may apply for administrative review or administrative proceedings in accordance with the provisions of the National People's Republic of China Administrative Review Act and the People's Republic of China Administrative Procedure Act. The parties may apply for the enforcement of the People's Court in accordance with the provisions of the People's Republic of China's Administrative Procedure Act, without the application of a review within the statutory period of time and without the prosecution of a specific administrative act. Chapter V Article 37 (Application of interpretation) The municipal councils may interpret the specific application of this approach. Article 338 (As of implementation) This approach was implemented effective 1 October 1999. |
