On strengthening the supervision and management of engineering construction

On strengthening the supervision and management of engineering construction

In order to strengthen the supervision and management of engineering construction, the Construction Law, the Notice of the General Office of the State Council on Strengthening the Quality Management of Infrastructure Projects, the Regulations of the Ministry of Construction and the State Planning Commission on Engineering Construction Supervision and the Regulations of Hebei Province on Engineering Construction Supervision were implemented, which strengthened the supervision and management of engineering construction and standardized the construction market. In order to realize the institutionalization and standardization of engineering construction supervision, further improve the level and quality of engineering construction supervision, and promote the healthy development of engineering construction supervision in our province, the following provisions are made: 1. Strictly implement the engineering construction supervision system. Construction administrative departments at all levels shall not go through the procedures of bidding, quality supervision and construction permit for projects that should be supervised but not supervised according to regulations, and shall not be assessed as high-quality projects at all levels. Second, strict supervision unit qualification management. Supervision units must undertake supervision business in accordance with the quality level of resources and the approved scope of supervision. To undertake the supervision business without authorization, the construction administrative departments at all levels shall not handle the supervision contract filing procedures, and according to the provisions of Article 53 of the Regulations on the Administration of Construction Market in Hebei Province, shall be ordered to stop the supervision business, confiscate the illegal income, lower the qualification level or revoke the qualification certificate, and impose a fine of 1 10,000 yuan or more110,000 yuan or less. Article 3 Housing construction projects in transportation, water conservancy, electric power, municipal engineering and other professional projects must be supervised by social supervision units with corresponding qualifications, and their professional engineering supervision should openly select supervision units on the basis of merit. Article 4 The construction unit shall openly select the preferred supervision unit to the public, and its conditions shall be based on the overall strength, supervision means, supervision performance, personnel conditions and market reputation of the project supervision institution, and shall not be based on arbitrarily lowering the supervision cost. Article 5 "Supervision by the same institution" is prohibited. Any supervision unit shall not supervise the construction projects that have shares or assets relations with its shareholder units, nor shall it supervise the construction projects of units that have direct subordinate relations with it. The supervision unit and contractor (design or construction unit) of the supervised project and the real estate development, building materials, building components and equipment supply units shall not belong to the same management unit, nor shall they have shares and other interests. Sixth to strengthen the supervision of residential projects, all residential projects developed and built by real estate development enterprises should be supervised, and the owners should entrust supervision units with corresponding qualifications to supervise. Article 7 For a general contracting project, the contracting unit shall entrust a qualified supervision unit with no affiliation or interest relationship with the general contracting unit to supervise it. Eighth newly established supervision units must be established in accordance with the "Company Law" or the relevant provisions of joint-stock cooperative enterprises, and accept the management of construction administrative departments at or above the county level. Article 9 The proportion of newly established and originally established supervision units trained by institutions designated by the Ministry of Construction shall reach above%, and supervision units with intermediate or above titles must achieve full-time training from the date of approval of establishment. To set up a supervision unit, the legal representative and technical director must be engineering technical and economic personnel who have obtained the certificate of completion of supervision training of the Ministry of Construction or the senior title of national supervision engineer qualification. Tenth newly established supervision units within one month from the date of approval, because personnel or funds are not in place without obtaining the qualification certificate of supervision units, the approval documents will automatically become invalid. Eleventh deepen the reform of the supervision unit system. If the above objectives are not achieved within the time limit, deepen the reform of the supervision unit system. If the above objectives are not achieved within the time limit, deepen the reform of the supervision unit system. Failing to meet the requirements of the above objectives within the time limit, the qualification of the supervision institution shall be cancelled. Twelfth design units shall not interfere with the management decision-making and personnel appointment and removal of supervision units by administrative means. Thirteenth the establishment of the province's supervision personnel assessment and examination system, comprehensively standardize the qualification and behavior of the chief supervision engineer, supervision engineer and supervision personnel. Establish examination question bank for personnel at all levels, and implement grading and professional examination every two times for those who have obtained the qualification of chief supervision engineer and supervision engineer. Test scores are used as the criteria for evaluating personnel qualifications. Fourteenth the implementation of cooperation or joint supervision, supervision unit qualification according to the qualification level and scope of supervision approved low-quality supervision units, and the main supervisor as the director. The main supervisors stationed on the site are less than half of the total number of people on the site. It is forbidden for the construction unit to conduct joint or cooperative supervision with the supervision unit in any way. Fifteenth supervision units shall undertake supervision business in strict accordance with the approved level and scope. If it is really necessary to undertake superior or cross-industry supervision business, it shall be reviewed by the Provincial Construction Committee where the project is located and submitted to the Provincial Construction Committee for approval. An engineering construction supervision unit that applies for undertaking the supervision business at a higher level or across industries must meet the following conditions. (a) the supervision unit has obtained more than one qualification certificate; (two) to undertake similar projects at the next higher level within the approved supervision scope; (3) Having a professional supervision engineer suitable for the contracted project; (4) Having a chief supervision engineer with the same pole and major as the project to be contracted; (5) The total number of personnel of the supervision institution meets the requirements; (6) Evaluation of work quality. The total number of projects that the same project supervision unit applies for single acceptance; General industrial and civil buildings shall not exceed, and industrial projects shall not exceed. A supervision unit with Grade C qualification shall not apply for undertaking the supervision business of Grade I project. Sixteenth the implementation of supervision of the project, the project legal person must entrust all the project investment, progress and quality to the supervision unit supervision, and may not entrust a single goal. Without the signature of the person in charge of the supervision unit, building materials, building components and equipment shall not be used and installed in the project, the construction of the next process shall not be carried out, the project progress payment shall not be allocated, and the completion acceptance shall not be carried out. Seventeenth strictly implement the relevant provisions of the State Price Bureau and the Ministry of Construction on engineering construction supervision fees, and prohibit any behavior that disturbs the construction market. According to the regulations of the Ministry of Construction, the supervision fee shall be calculated as a percentage of the total project cost, and shall not be lower than the lower limit of the specified range. In violation of the provisions of the supervision contract, the construction administrative departments at all levels shall not register and issue the construction supervision license of the project. It is strictly forbidden for the supervision unit to return the supervision fee to the construction unit in any name and manner. Article 18 A listing supervision system shall be implemented. Where supervision projects are implemented within the administrative area of this province, supervision units shall be listed for supervision. When there are multiple supervision units in a construction project, each supervision unit shall be listed separately. Signs are uniformly printed by Hebei Construction Supervision Association. Nineteenth strict management of project supervision institutions. Engineering supervision shall implement the system of posts and personnel, holding certificates and being responsible to the director. Supervision units should be stationed in supervision institutions composed of project leaders and professional supervision engineers, and equipped with supporting professionals. The project leader and supervision engineer should have corresponding qualifications and hold relevant certificates. The implementation supervision personnel shall be consistent with the list of personnel of the project supervision institution. The list of supervisors should be posted on the wall. The staffing quantity of each project supervision institution shall meet the following requirements. The project cost (ten thousand yuan) is greater than or equal to people-greater than or equal to people-greater than or equal to people-Article 20 The supervision permit system shall be strictly implemented. Supervision units and construction units shall fill in the supervision project application form when handling the supervision contract review and filing and supervision license, and attach a copy of the qualification certificate of the supervision unit and a copy of the qualification certificate of the director and supervision engineer. The application form for the supervision project shall include: the general situation of the supervision project, the general situation of the supervision unit and the general situation of the on-site personnel of the supervision institution. The application form for supervision project shall be uniformly produced by the Provincial Construction Committee. Only after the construction administrative department has passed the examination can the supervision license be issued. No supervision work shall be carried out without a supervision license. Twenty-first before the implementation of project supervision, the supervision unit must prepare the supervision plan and supervision rules according to the characteristics of the project, and after the completion of the project, the supervision summary should be prepared. The above information will be used as the basis for the quality evaluation and inspection of supervision work of supervision units. Twenty-second supervision in the implementation process, the construction unit, supervision unit, the construction unit should fill in the supervision form, not according to the provisions of the form to fill in, the quality supervision department should not check the quality level of the project. Twenty-third strict supervision unit construction market behavior, dynamic management of supervision unit qualification, one of the following acts, can be regarded as disrupting the order of the construction market, by the construction administrative departments in accordance with relevant laws and regulations to be dealt with. , supervision units to set up branches or branches; Major engineering quality accidents or safety accidents occur in the supervision project; Subcontracting or subcontracting the supervision project tasks; , supervision units and industrial enterprises, real estate development, materials and equipment supply enterprises have economic interests. Other serious violations of the provisions of the construction supervision. Twenty-fourth supervision units to change the legal representative, technical director and adjust the technical and economic personnel, should hold the relevant approval documents and certification materials within one month from the date of appointment (transfer, employment). Go through the change formalities at the Provincial Construction Committee. Twenty-fifth foreign supervision units in Hebei should go through the examination and approval procedures at the Provincial Construction Committee before the formal signing of the supervision contract, and those who are not approved shall not enter the site for supervision. Supervision units from other places entering Hebei shall implement the supervision examination and approval system for individual projects, and must be supervised by their supervisors. It is not allowed to recruit supervisors in Hebei, and it is not allowed to establish branches or branches in Hebei. Twenty-sixth supervision units that have obtained supervision qualification certificates but have not carried out supervision business shall be re-approved by the Provincial Construction Committee; If the supervision business has not been carried out for two years, its qualification certificate shall be revoked. Twenty-seventh to strengthen the construction market inspection. Construction administrative departments at all levels should strengthen the inspection of project construction supervision, and severely investigate and deal with illegal acts found according to law. Article 28 If the original provisions of the Provincial Construction Committee are inconsistent with these provisions, these provisions shall prevail. The original document of Ji Jian Jian Peijun [] shall be abolished at the same time. Twenty-ninth these Provisions shall be interpreted by the Hebei Provincial Construction Committee. Regulations of Jian Peijun Municipality on Construction Supervision []No.-. Second in People's Republic of China (PRC) to engage in engineering construction supervision activities, must abide by these provisions. Article 3 The term "project construction supervision" as mentioned in these Provisions refers to the supervision and management of project implementation entrusted by the project legal person by the supervision unit in accordance with the project construction documents approved by the state, relevant laws and regulations on project construction, project construction supervision contracts and other project construction contracts. Article 4 Engineering construction supervision activities shall follow the principles of law-abiding, honesty, justice and science. Chapter II Management Organization and Responsibilities of Engineering Construction Supervision Article 5 The State Planning Commission and the Ministry of Construction are jointly responsible for promoting the development of engineering construction supervision, and the Ministry of Construction is in charge of the national engineering construction supervision. The main responsibilities of the Ministry of Construction: drafting and negotiating with the State Planning Commission to formulate and issue regulations on supervision and management of engineering construction, and supervising the implementation; Examining and approving the qualifications of Grade A supervision units; Manage the qualification examination, assessment and registration of national supervision engineers; Article 6 The construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the supervision of engineering construction within their respective administrative areas. Its main responsibilities are: to implement national laws and regulations on engineering construction supervision, draft or formulate local laws and regulations on engineering construction supervision and supervise their implementation; Examining and approving the qualifications of Grade B and Grade C supervision units within their respective administrative areas, and making preliminary examination and recommending Grade A supervision units; Organizing the qualification examination, assessment and registration of supervision engineers within their respective administrative areas; To guide, supervise and coordinate the engineering construction supervision within their respective administrative areas. Article 7 The competent departments of industry and transportation in the State Council manage their own engineering construction supervision work, and their main responsibilities are: to implement the national laws and regulations on engineering construction supervision, formulate their own implementation measures for engineering construction supervision according to needs, and supervise their implementation; Examining and approving the qualifications of Grade B and Grade C supervision units directly under it, and recommending Grade A supervision units in the first instance; Manage the qualification examination, assessment and registration of supervision engineers of directly affiliated supervision units; Guide, supervise and coordinate the engineering construction supervision work of this department. Chapter III Scope and Content of Project Construction Supervision Article 8 Scope of Project Construction Supervision: large and medium-sized projects; Municipal and public works projects; Office buildings, social development projects and residential projects invested and developed by the government; Construction projects with foreign capital, Sino-foreign joint ventures, foreign loans, grants and donations. Article 9 The main content of engineering construction supervision is to control the investment, construction period and engineering quality of engineering construction; Manage engineering construction contracts and coordinate the working relationship between relevant units. Chapter IV Project Construction Supervision Contract and Supervision Procedure Article 10 A project legal person generally chooses a supervision unit by means of bidding. Eleventh supervision units to undertake supervision business, should sign a written project construction supervision contract with the project legal person. The main clauses of the project construction supervision contract include: the scope and content of supervision, the rights and obligations of both parties, the calculation and payment of supervision fees, the liability for breach of contract and other matters agreed by both parties. Twelfth supervision fees shall be paid from the project budget, and the management fee of the construction unit shall be reduced or exempted. Thirteenth supervision units shall, according to the supervision tasks undertaken, set up engineering construction supervision institutions. Supervision institutions are generally composed of chief supervision engineers, supervision engineers and other supervisors. To undertake the supervision in the construction stage of the project, and the supervision institution shall be stationed in the construction site. Article 14 Project construction supervision shall generally be carried out according to the following procedures: (1) Prepare the project construction supervision plan; According to the progress of the project construction, the detailed rules for the supervision of the project construction shall be compiled according to the specialty; Implement construction supervision according to the detailed rules of construction supervision; Participate in the pre-acceptance of project completion and sign the opinions of construction supervision; After the completion of the construction supervision business, submit the project construction supervision files to the project legal person. Fifteenth before the implementation of supervision, the project legal person shall notify the supervised unit in writing of the entrusted supervision unit, the supervision content, the name of the chief supervision engineer and the authority granted. The chief supervision engineer shall notify the supervised unit in writing of the authority granted to the supervision engineer. Sixteenth in the process of project construction supervision, the supervised unit shall accept supervision in accordance with the provisions of the project construction contract signed with the project legal person. Chapter V Engineering Construction Supervision Units and Supervision Engineers Article 17 Supervision units shall implement the qualification examination and approval system. The establishment of a supervision unit must be reported to the competent authority of engineering construction supervision for qualification examination, and then apply to the administrative department for industry and commerce for enterprise legal person registration. The supervision unit shall undertake the engineering construction supervision business in accordance with the approved business scope. Eighteenth supervision units are one of the main bodies of the construction market, and construction supervision is a highly intelligent paid technical service. The contractual relationship between the supervision unit and the project legal person is entrusted and entrusted; And the supervised unit is the relationship between supervision and supervision. The supervision unit shall carry out project construction supervision in accordance with the principle of "justice, independence and automation" and fairly safeguard the legitimate rights and interests of the project legal person and the supervised unit. Nineteenth supervision units shall not transfer supervision business. Twentieth supervision units shall not undertake projects, and shall not engage in the construction of building materials, building components, construction machinery and equipment. Twenty-first supervision units in the process of supervision due to the fault caused great economic losses, should bear certain economic and legal responsibilities. Twenty-second supervision engineers to implement the registration system. The supervision engineer shall not sell, sell, transfer or alter the post certificate of the supervision engineer. Twenty-third supervision engineers shall not work part-time in government agencies or construction, equipment manufacturing, material supply units, and shall not be partnership operators of construction, equipment manufacturing, materials and components supply units. Twenty-fourth engineering construction supervision to implement the general supervision engineer responsibility system. The chief supervision engineer exercises the power entrusted by the contract to the supervision unit and is fully responsible for the entrusted supervision work. Twenty-fifth chief supervision engineer shall issue relevant instructions within the scope of authorization, and sign the payment voucher for the relevant funds of the supervised project. The project legal person shall not change the instructions of the chief supervision engineer without authorization. The chief supervision engineer has the right to suggest the replacement of unqualified subcontractors, project leaders and related personnel. Article 26 The project director should justly coordinate the disputes between the project legal person and the supervised unit. Chapter VI Construction Supervision of Foreign Investment, Sino-foreign Joint Ventures and Foreign Loans, Grants and Donations Article 27 If foreign companies and social organizations need to entrust foreign supervision units to undertake construction supervision business for independent investment projects in China, they shall invite China supervision units to participate in cooperative supervision. Sino-foreign joint venture construction projects that can be supervised by China supervision units shall be supervised by China supervision units. When necessary, foreign supervision institutions related to engineering construction may be entrusted for supervision or supervision consultants may be hired. The construction supervision of foreign loan projects shall, in principle, be the responsibility of the supervision unit in China. If the lender requires the participation of foreign supervision units, it shall cooperate with China supervision units for supervision. Construction projects with foreign grants and donations are generally undertaken by supervision units in China. Twenty-eighth foreign-funded, Sino-foreign joint ventures and foreign loan construction project supervision fees and payment methods, with reference to international practice, shall be determined by both parties through consultation. Chapter VII Punishment Article 29 If a project legal person violates these provisions, the construction administrative department of the people's government shall give him a warning, informed criticism, order him to make corrections, and may also impose a fine. The punishment decision of the project legal person shall be copied to the planning administrative department. Thirtieth supervision units in violation of the provisions, one of the following acts, by the construction administrative department of the people's government to give a warning, informed criticism, ordered to suspend business for rectification, reduce the level of qualification, revoke the qualification certificate of punishment, and may also impose a fine. Opening business without approval; Engaged in engineering construction supervision activities beyond the approved business scope; Transfer supervision business; Deliberately harming the interests of the project legal person and the contractor; Major accidents caused by work mistakes. Thirty-first supervision engineer in violation of the provisions, one of the following acts, the construction administrative department of the people's government shall confiscate the illegal income, confiscate the "post certificate of supervision engineer", and may impose a fine. Engaged in supervision work in the name of supervision engineer; Selling, lending, transferring or altering the post certificate of supervision engineer; Part-time job in a unit that affects the fair execution of supervision business. Chapter VIII Supplementary Provisions Article 32 The provisions on the functions of the State Planning Commission shall be interpreted by the Ministry of Construction in consultation with the State Planning Commission. Article 33 The construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments of the State Council shall formulate implementation measures with reference to these Provisions and report them to the Ministry of Construction for the record. Article 34 These Provisions shall come into force as of, and the Trial Provisions on Construction Supervision issued by the Ministry of Construction on, shall be abolished at the same time.