Provisions of Nanjing Municipality on the Administration of Construction Market

Chapter I General Provisions Article 1 In order to regulate the behavior of the construction market, maintain the order of the construction market, and ensure the quality and safety of the project, these Provisions are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Regulations of Jiangsu Province on the Administration of the Construction Market and other laws and regulations, and in light of the actual situation. Second in the administrative area of this Municipality engaged in housing construction and municipal infrastructure construction market activities, as well as the supervision and management of the construction market, shall abide by these provisions. Article 3 The municipal construction administrative department shall be responsible for the unified supervision and management of the city's construction market, and its subordinate construction market supervision institutions such as construction and installation management shall be specifically responsible for daily management according to their respective responsibilities.

Development and reform, human resources and social security, environmental protection, urban management, transportation, water conservancy, safety production supervision, quality and technical supervision and other administrative departments shall, in accordance with their respective responsibilities, cooperate in the supervision and management of the construction market.

Jiangning District, Pukou District, Liuhe District, Lishui County and Gaochun County construction administrative departments shall be responsible for the supervision and management of the construction market within their respective jurisdictions in accordance with the division of responsibilities. Article 4 The construction market supervision institution shall perform the following duties:

(a) the implementation of national and provincial regulations on the management of the construction market, improve the management norms of the construction market;

(two) the implementation of the credit management of the main body of the construction market and the real-name management of construction workers;

(three) the implementation of construction, construction, supervision and other units and related employees' qualification management;

(four) the implementation of construction contracts (including subcontracts), supervision contracts, project management departments of construction units, project supervision institutions of supervision units, foreign enterprises in Nanjing, and construction labor management personnel for the record management;

(five) to supervise and inspect the market behavior of construction, construction, supervision and other units and related employees;

(six) responsible for the informatization and standardization of construction market supervision;

(seven) to investigate and deal with illegal acts in the construction market according to law;

(eight) other duties that should be performed according to law. Article 5 The principles of unification, openness, orderly competition, openness, fairness and equal competition shall be followed when engaging in construction market activities and implementing supervision and management of the construction market. No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from participating in the competition, and may not disturb the order of the construction market in any way. Chapter II Management of Market Subjects Article 6 Construction units investing in construction projects shall have corresponding sources of funds and independently bear civil liabilities according to law.

Real estate development enterprises shall engage in the development and construction of real estate projects within the scope permitted by their qualification grades. Article 7 The construction unit may contract the project by itself if it has technical and economic management personnel suitable for the contracted project; If there are no technical and economic management personnel suitable for the contracted projects, they shall entrust units with corresponding qualifications or qualifications to act as agents in accordance with regulations.

If the agent construction system is implemented in the construction project, the construction unit shall entrust the project management unit to be responsible for the construction and implementation through bidding. The project management unit entrusted by the agent construction unit shall have corresponding qualifications or qualifications, and be equipped with technical and economic management personnel suitable for the scale of the construction project in accordance with relevant regulations. Article 8 The following units engaged in construction activities in this Municipality shall obtain corresponding qualifications or qualifications according to law:

(a) construction engineering survey, design, construction and supervision units;

(two) the construction project cost consultation, bidding agency and quality inspection unit;

(three) other units that must obtain qualifications or qualifications as stipulated by the state.

Enterprises with different qualification levels in the construction market shall participate in the bidding activities of construction projects within the business scope stipulated in the Qualification Level Standard for Construction Enterprises and other relevant standards, and shall not undertake tasks beyond their levels. Ninth construction, supervision and other units shall abide by the relevant provisions of the state, province and city, fulfill their due obligations, and submit a letter of commitment to the construction market supervision institutions, and consciously accept the supervision of the construction administrative department; Serious violations of laws and regulations shall be withdrawn from the city's construction market in accordance with the promise of honesty and law-abiding. Article 10 Before undertaking the project in this city, the foreign construction and supervision units shall submit the letter of commitment of honesty and law-abiding, business license, qualification certificate, staffing, office space in Nanjing, integrity records and other materials to the construction market supervision institutions in accordance with the regulations, go through the filing procedures and get a credit manual. Chapter III Management of Contract Issuing and Contracting Article 11 If the contract issuing of construction, supervision and other business of a project needs to be divided into several parts or lots, it shall be reasonably divided; Should be completed by a contractor, the construction unit shall not dismember it into several parts and contract it out to several contractors.

Housing construction, supervision and other business contracting, with the unit project as the smallest contractor to allow division. Twelfth construction units shall not require the general contractor to subcontract the professional projects or services within the scope of general contracting to designated units. Article 13 A construction unit shall set up a project management department suitable for the project according to the regulations, among which the main management personnel such as project manager, technical director, project accounting director, quality management personnel and safety management personnel shall hold corresponding qualification certificates for the unit.