Chapter I General provisions article specification for water transportation construction market order, protecting water transportation construction market the legitimate rights and interests of the parties, according to the port law of the people's Republic of China Law on channel the bidding law of the people's Republic of China, the construction engineering quality management regulation laws, administrative regulations, and these measures are formulated.
Article in the people's Republic of China engaged in water transportation construction activities and for water transportation construction market supervision and management, application of this approach.
Water transportation construction in these measures refers to water transport infrastructure, including ports, terminals, navigation and other related facilities, engineering and construction. Article water transport market should follow the principle of fairness, impartiality, honesty and trustworthiness, establishing and maintaining a unified, open, competitive and orderly market order.
Prohibition of any form of local protectionism and industrial protection.
Fourth transportation for national water transportation construction market supervision and management of the work of the Department.
Local people's Governments at or above the county level transportation departments according to the provinces, autonomous regions and municipalities within the stipulated duties responsible for the administration of water transportation construction market supervision and management.
Fifth water transportation construction market main body should be to strengthen self-discipline and improve internal management systems, credit management, comply with professional ethics, and consciously safeguard the market order, to fulfill their social responsibilities, subject to public supervision.
Sixth article related to water transportation construction in trade association activities should be carried out in accordance with the law regulations, improve self-discipline management system, strengthen self-discipline and service.
Article seventh innovation of local people's Governments at or above the county level transportation departments should water transportation construction market supervision and regulatory tools, strengthening the information technology application and credit information sharing, achieve synergies with related departments supervision.
Chapter II water transportation construction market and eighth water transportation construction market main body shall strictly comply with the relevant building laws, regulations, rules and regulations, the implementation of national and industry standards, honesty and trustworthiness.
Water transportation construction in the main market in these measures, including water units, business units and related construction projects in China.
Business units in these measures, including those engaged in water transportation construction in survey, design, construction, supervision, testing and providing consulting, project construction, tenders and other related services unit.
Units in these measures refers to projects commissioned units engaged in construction project management.
Nineth laws and administrative regulations provide for water transportation construction market main body qualification, waterway construction market main body should meet the prescribed qualification requirements in accordance with law.
During construction of the working unit in waterway transport business, shall not lend or transfer the certificate may not be the name of another person to contract projects shall not go beyond the level of qualification to contract projects. Article tenth water transport construction projects have the following capacity requirements, project management can: (a) the project director or technical director of experience commensurate with the project management, waterway construction project at least 2 similar projects, head of technology, planning and other key positions held. Technical leader should also have senior professional titles or the appropriate technical capacity, (ii) project management agency establishment and staffing of the project management needs should be met.
Engineering, quality, security and head of the Finance Department should have relevant experience in project management, as well as the mid-level technical titles or appropriate technical capacities.
11th article project units not has tenth article provides of project construction management capacity of, should delegate meet following requirements of generation built units for project construction management: (a) has corporate qualification, institutions set and related personnel equipped with meet tenth article provides of project construction management capacity requirements; (ii) has similar water construction or management related performance and good of market reputation; (three) has meet water construction quality, and security, and environmental protection, aspects requirements of management system.
When selecting a construction unit project unit, shall meet the requirements of the construction unit, giving priority to the strong performances and good credit, management units.
12th shall be encouraged to meet the 11th article requests for water transport construction and management units and waterway engineering survey, design, construction, project supervision enterprises to carry out construction work.
Construction units shall not agent-security project investigation, design, construction, supply of equipment, or affiliation with the units and other interests.
13th generation units under the contract to carry out construction work, progress in the implementation of project quality, safety, and engineering measures, funds, environmental protection and other related management responsibility, project files and relevant technical data collection, sorting and filing work, is responsible for the maintenance and management of quality defects during the defects liability period, and so on.
Article 14th unit has overall responsibility for the project construction management of water transport construction projects, capital construction program should be strictly implemented, is not inconsistent with or without authorization, simplifying infrastructure program. 15th waterway construction project tendering, should strictly abide by relevant State bidding laws, provisions of laws and regulations, to carry out bidding work.
Water transportation construction market main body shall not be fraud, not collusion, not bribery and other illegal means to make a bid.
16th waterway construction project design and construction general contractor, general contractor should strengthen coordination in the design and construction of established system for project management and coordination, according to promptly improve engineering practice, design optimization, improved construction optimize the design and construction of power, perfect quality assurance system. General contractor should strengthen management of the subcontract works.
Selected subcontractors shall have corresponding qualifications and agreed by the project, subcontracts should send project unit. 17th reconnaissance and design units as agreed with the project, you can design professional or special requirements of survey and design work to have the appropriate qualifications to undertake.
Survey and design unit subcontracted work to subcontractors bear joint and several liability. Agreed with the construction project, you can non-subject, non-critical or for professional construction works to units with the appropriate qualifications.
Construction units to units of the subcontract works bear joint and several liability. Project Unit should strengthen the management of subcontracts.
Contractor supervision unit in construction subcontract should be reviewed and submitted for the record.
No subcontracting or to subcontracting the supervision work. 18th prohibits subcontracting the contractor be contracted waterway construction project.
Prohibit subcontractors sub-contracted its contracted water transport construction projects. 19th article water construction the related units should according to contract agreed full perform obligations: (a) project units should according to reasonable duration Organization project implementation, shall not any compression reasonable duration and for no reason extended duration, and should according to contract agreed paid payments; shall not express or hinted construction units using not qualified of material, and frame accessories and equipment; project units according to contract agreed itself procurement material, and frame accessories and equipment of, should guarantee its meet national about standard of provides, meet design file requirements; (ii) survey
, And design units should on time provides survey, and design information and design file; except has special requirements of material, and dedicated equipment, and process line external, design units shall not specified production factory, and suppliers; engineering implementation process in the, design units should by agreed presence design representative, provides design follow-up service; (three) construction units should reasonable organization construction, personnel and the construction equipment should timely in place; should strengthening site management, ensure engineering quality, and production security and contract duration, do civilization construction; (Four) engineering supervision units should by agreed perform supervision service, established corresponding of site supervision institutions, on engineering implementation effective supervision; (five) test detection institutions should according to test detection standard and contract agreed for sampling, and test and detection, provides real, and full of test detection data, and information; (six) provides water construction Advisory, and project generation built, and tender agent, related service of units should according to related provides, specification handle trustee Affairs, by provides of information, and data, and conclusion or report should real, and accurate
And keep confidential the technological and business secrets may not be the client's potential contracting parties affiliated or other interests. Article 20th project units and construction units should strengthen the management of project funds, earmarked.
Project supervision of construction works, the use of inspection, construction units concerned should actively cooperate with and may obstruct or refuse.
Contractor shall timely pay wages for rural migrant workers.
Article 21st waterway construction engineering quality lifetime responsibility system, relevant market players to assume responsibility in the design life of engineering quality. Project Unit on the quality and safety management responsibility. Construction units in accordance with the contract management responsibility for project quality and safety. Survey and design of institutions responsible for survey and design quality. Construction units responsible for construction quality and safety. Project supervision supervision responsibility for project quality and safety.
Other market players to provide the corresponding responsibility for the product or service.
22nd and waterway construction project unit after signing the contract, survey, design, construction project manager and Technical Director, Chief supervision engineer engineering supervision units and other key personnel and equipment, without consent of the project may not be changed.
Project agreed with the changes prescribed in the preceding paragraph the main personnel and equipment, qualifications changed personnel and equipment technical specifications shall not be less than the agreed conditions. 23rd waterway registered building practitioners should be in accordance with applicable laws, regulations, practice.
Shall not be any of the following acts: (a) lease, lend the registration certificate of practice or practicing seal, (ii) beyond the registered scope or scope of business engaged in the practice of the employing organization; (c) hold one has not personally responsible for the file and (iv) other behaviors prohibited by laws and regulations.
Article 24th project units and construction, construction supervision and other information technology should be used to enhance construction management, on construction of concealed works of key parts and processes for monitoring and recording, and the text, charts, audio-visual and other forms of recorded file file save.
Projects and construction, project management and other units should be in accordance with the relevant provisions of the State, establish and improve the file management system, strengthen archive management, timely, accurate and complete reporting project related information.
25th item unit should be based on national provisions relating to credit management, establishing business credit account, for participation in survey, design, construction, project management and other units of the bidding, performance evaluation.
Investigation, design, construction, project supervision, project construction, bidding Agency, consulting and other units to provincial transportation authorities should be required to provide the unit's credit information, timely updates, and responsible for the authenticity, accuracy and completeness of the information provided. Chapter III supervision article 26th transport administrative departments at all levels should strengthen supervision and inspection of water transportation construction market, found illegal or irregular practices law in time, water transportation construction in the management of market-related information to the public in a timely manner.
Supervision and inspection in accordance with market conditions of a comprehensive examination, special inspections, random spot checks, and so on. Transport Department should supervise and inspect for water transportation construction market participants to strengthen supervision and inspection of construction project of direct management of the Ministry, the provincial transportation authorities supervise and inspect the performance of waterway construction management functions.
Take random way of supervision and inspection.
Local transport departments should strengthen the administration of waterway construction market participants and transportation departments at lower levels to perform water transportation construction management functions of supervision and inspection.
Transportation departments at all levels should set up randomly inspected, randomly select inspectors check mechanism, determines the proportion of checks and sampling frequency.
27th article traffic transport competent sector perform water construction management functions situation main including: (a) requirements established of water construction related system of established situation; (ii) water construction the system of implementation situation; (three) water construction market regulatory situation; (four) water construction market credit system construction situation; (five) on superior competent sector water construction market check views of rectification implementation situation; (six) other water construction management functions of perform situation.
Water construction market practitioners behavior main including: (a) legal, and regulations, and regulations, and mandatory standard implementation situation; (ii) tender bid behavior; (three) engineering management, and contract perform, and clean government, and credit management and the personnel shoe vocational, situation; (four) quality security responsibility perform situation; (five) design change of management situation; (six) other should into supervision management of practitioners behavior.
28th article traffic transport competent sector perform supervision check duties Shi, can take following measures: (a) into site site on engineering and market subject of practitioners behavior for check; (ii) to practitioners units and about personnel understand and water construction management related of situation; (three) check out, and copy about engineering technology file and information, including engineering archives, and contract, and invoice, and books and other about information; (four) ordered related units immediately or deadline stop, and corrected illegal violations behavior.
Supervision and inspection of transport authorities according to law, business unit and its related persons shall cooperate with and shall not refuse or obstruct, shall not conceal, misrepresent the situation and information.
29th transport authorities that after the check, checks should be feedback to the unit under inspection.
The units under inspection shall check the rectification, and rectification submitted to biopsy of the Transportation Department.
Organization check transport authorities in accordance with the relevant provisions of the State inspection and test results to the public, subject to public supervision.
30th article on has following case of project units or practitioners units, has corresponding supervision management duties of traffic transport competent sector can on its head for interviews warning: (a) has more serious of violation water construction management related provides of behavior of; (ii) exists major engineering quality, and security accident hidden of; (three) project management chaos of; (four) by traffic transport competent sector urged, not according to check views for rectification or rectification not in place of;
(E) the Transportation Department deems it necessary to interview the other cases. Interviewed by the Transportation Department in person to be interviewed before issuing a written interview notification notification explicitly in interviews, programs, time, location, participants and other matters.
After the interview ended, form summary of the interviews.
Interviewed refused to inadequate corrective or corrective action unit, Transport Department will be recorded in the credit management system, and to the public. 31st transportation departments above the county level shall establish a sound credit management system, on the subject of water transportation construction market credit record and evaluate the situation.
Provincial transportation departments should establish and improve the credit evaluation, credit incentive and credit supervision and management mechanism.
Water transportation construction in the main market of credit information and credit evaluation results as government procurement, tendering and other important considerations in the activities. Water transportation construction in markets subject to fraud, bribery or other improper means to obtain a higher credit rating, the rating results.
Transport Department will be credited to your credit record. 32nd transportation departments should establish the project unit, business units focus on supervision and management system.
In accordance with the relevant provisions of credit evaluation, there will be serious credit, more than three times a year and be informed or poor credit rating list of units, business units focus on supervision of the project management, regular or irregular focus to special inspection or supervision.
Article 33rd water transport construction projects should be set at construction site badges, construction, construction period of the project and project units, investigation, design, construction, project supervision unit name and the name of the principal, supervision, subject to public supervision. 34th article of any unit and individual violations of the right to water transportation construction market to departments of transportation complaints and reports.
Complaints, the report should provide the necessary proof.
Transportation departments shall open complaints, reported receiving telephone, mailing address and email, timely processing of complaints, reports and whistleblower complaints, the relevant information be kept confidential in accordance with law.
Article 35th water transportation construction market supervision and inspection, investigation and handling of complaints officers and relevant units and personnel of the parties interested, should be actively avoided.
Supervision and inspection staff in the process of supervision and inspection should be aware of State secrets, commercial secrets confidential. Fourth chapter legal responsibility 36th article violation this approach provides, project units will engineering employer to not has corresponding qualification grade of survey, and design, and construction, and engineering supervision units of, in accordance with construction engineering quality management Ordinance 54th article provides, ordered corrected, according to following standard sentenced fine: (a) project units select beyond qualification grade of survey, and design, and construction, and engineering supervision units for engineering construction of, at 500,000 yuan above 800,000 yuan following of fine; (ii) project units select no qualification of survey
, Design, construction, project supervision for engineering construction, fined not more than between 1 million Yuan and 800,000 yuan. 37th article violation this approach provides, contracting units beyond qualification grade contract engineering of, in accordance with construction engineering quality management Ordinance 60th article provides, ordered stop violations, according to following standard sentenced fine; has illegal proceeds of, be confiscated: (a) engineering yet starts construction of, on survey, and design units or engineering supervision units at contract agreed of survey fee, and design fee or supervision remuneration 1 time times of fine; on construction units at engineering contract price 2% of fine; (ii) Engineering has starts construction of,
Reconnaissance and design units and project supervisory units contracted survey costs, design costs or remuneration of the Commissioner more than 1 time fined not more than twice; the contract for construction project 4% over 2% the price of a fine.
Has not obtained the qualification certificate to contract projects, shall be banned, in accordance with the provisions of the preceding paragraph shall impose fines illegal income shall be confiscated. 38th article violation this approach provides, survey, and design, and construction, and engineering supervision units allows other units or personal to this units name contract engineering of, in accordance with construction engineering quality management Ordinance 61st article provides, ordered corrected, confiscated illegal proceeds, according to following standard sentenced fine: (a) survey, and design, and construction, and engineering supervision units allows has corresponding qualification and meet this engineering construction requirements of units or personal to this units name contract engineering of, 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 1.5 times times following of fine; on construction units at engineering contract price 2% above 3% following of fine; (ii) survey, and design, and construction, and engineering supervision units allows no corresponding qualification of units or personal to this units name contract engineering of, on survey, and design units or engineering supervision units at contract agreed of survey fee, and
Design fees or remuneration of the Commissioner fined not more than 1.5 times more than twice times; the contract for construction project 4% over 3% the price of a fine.
39th article violation national on capital program related provides, project units not made construction license or starts report without approved, unauthorized construction of, according to construction engineering quality management Ordinance 57th article provides, ordered stop construction, deadline corrected, according to following standard sentenced fine: (a) has through project approval, and approved or design approval procedures, but not made construction license or starts report without approved, unauthorized construction of, at engineering contract price 1% above 1.5% following of fine;
(B) the project design approval, approval or approval is not obtained, unauthorized construction, fine at 1.5% more than 2% below the contract price. 40th article violation national related provides and this approach provides, project units express or hinted design, and construction units violation engineering construction mandatory standard, and reduced engineering quality of, survey, and design units not implementation engineering construction mandatory standard of, construction units not according to engineering design drawings or construction technology standard construction of, engineering supervision units and construction units or construction units collusion, fraud, and reduced engineering quality of, in accordance with construction engineering quality management Ordinance 56th article, and 63rd article, and 64th article , And 67th article provides made fine decided of, according to following standard punishment: (a) engineering yet starts construction of, on project units at 200,000 yuan above 300,000 yuan following of fine; on survey, and design units at 100,000 yuan above 200,000 yuan following of fine; (ii) Engineering has starts construction of, on project units at 300,000 yuan above 500,000 yuan following of fine; on survey, and design units at 200,000 yuan above 300,000 yuan following of fine; on construction units at engineering contract price 2% above 4%
Fine construction supervision unit fines of between 500,000 yuan and 1 million Yuan.
41st, in line with the regulations on the management of construction engineering quality of unit fines shall be imposed, directly responsible for unit managers and other persons directly responsible for penalty fines of 5% more than 10% below. Fifth chapter supplementary articles article 42nd these measures shall take effect on February 1, 2017.