The Measures for the Administration of Survey and Design of Construction Projects in Qinghai Province have been deliberated and adopted at the 48th executive meeting of the provincial people's government on July 22nd, 20 15, and shall come into force on June 0th, 20 15. The following is the full text of the Measures for the Administration of Survey and Design of Construction Projects in Qinghai Province. Welcome to read!
Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of survey and design activities of construction projects, ensure the quality of survey and design, and standardize the market behavior of survey and design, these measures are formulated in accordance with the People's Republic of China (PRC) Construction Law, the Regulations on the Administration of Survey and Design of Construction Projects, the Regulations on the Administration of Quality of Construction Projects and other laws and regulations of the State Council, combined with the actual situation of this province.
Article 2 These Measures shall apply to the survey and design activities of construction projects within the administrative area of this province and their supervision and management.
Article 3 The term "survey and design of construction projects" as mentioned in these Measures includes such activities as survey and design of construction projects, preliminary design review and construction drawing review.
Construction engineering investigation refers to the activities of the investigation unit to find out, analyze and evaluate the geological and geographical environment characteristics and geotechnical engineering conditions of the construction site according to the requirements of the construction project, and to compile the construction engineering investigation documents.
Construction project design refers to the activity that the design unit comprehensively analyzes and demonstrates the technical, economic, resource and environmental conditions required by the construction project according to the requirements of the construction project, and prepares the design documents of the construction project.
Preliminary design review refers to the activities of the relevant departments of housing and urban construction, transportation, water conservancy and other departments to review the survey documents and preliminary design documents of government investment projects in accordance with the division of responsibilities and relevant regulations.
Construction drawing review refers to the activities of construction drawing review institutions to review public interests, public safety and mandatory standards of engineering construction in construction engineering survey documents and construction drawing design documents according to the relevant provisions of the state and this province.
Article 4 The survey and design activities of construction projects shall follow the principles of fair competition and good faith.
The survey and design of construction projects shall meet the requirements of energy-saving, water-saving, land-saving and material-saving, and strictly implement the relevant standards, technical bulletins and technical measures of national engineering construction standards, mandatory provisions, norms and regulations and engineering construction in this province.
Engaged in engineering construction activities should first survey, design and construction.
Article 5 The administrative department of housing and urban construction of the people's governments at or above the county level shall be responsible for the supervision and management of the survey and design activities of construction projects within their respective administrative areas, and the survey and design quality supervision institutions to which they belong shall be specifically responsible for the supervision and management.
Transportation, water conservancy and other relevant departments are responsible for the supervision and management of the survey and design activities of construction projects in this industry.
Article 6 The construction engineering survey and design industry shall establish and improve industry organizations according to law, strengthen industry self-discipline, safeguard the legitimate rights and interests of employees, standardize practice behaviors and promote the healthy development of the industry.
Seventh to encourage the use of advanced technology, advanced technology, advanced equipment, new materials and modern management science in the survey and design activities of construction projects, to improve the level of survey and design.
Encourage construction engineering survey and design units and personnel to innovate and create excellence. Units and individuals that have made outstanding achievements in construction engineering survey and design activities shall be selected and commended by the construction engineering survey and design industry organization.
Chapter II Qualification Management
Eighth construction engineering survey and design units shall obtain the qualification certificate issued by the administrative department of housing and urban construction of the national or provincial people's government according to law, and undertake business within the scope permitted by the qualification certificate.
The scope and quantity of business undertaken by the construction drawing review institution shall be determined by the administrative department of housing and urban-rural construction of the provincial people's government in accordance with the relevant provisions of the state and combined with the actual situation of this province.
Ninth units that have obtained the qualification certificate of construction engineering survey and design shall, in accordance with the provisions of the state, engage in construction engineering survey and design activities within the scope of their qualification grades.
Units that have obtained the qualification certificate for survey and design of construction projects may engage in activities such as general contracting of construction projects, project management and related "technical, consulting and management services" corresponding to their qualification levels.
Tenth construction engineering survey and design units to terminate, merge or split, it should be in accordance with the relevant provisions of the original issuing authority to cancel the qualification certificate or re apply for a qualification certificate.
Article 11 Where the name, address and legal representative of a survey and design unit of a construction project are changed, it shall go through the formalities for changing the qualification certificate at the original issuing authority within 30 days after the administrative department for industry and commerce goes through the formalities for changing.
Twelfth of the professional and technical personnel engaged in construction engineering survey and design activities, in accordance with the relevant provisions of the state, the practice qualification registration management. Unregistered construction engineering survey and design personnel shall not engage in construction engineering survey and design activities in the name of registered practitioners.
Thirteenth construction engineering survey and design registered practitioners and other professional and technical personnel can only be employed by a construction engineering survey and design unit, and construction drawing reviewers can only be employed by a construction drawing review institution. Personnel who have not been employed by construction engineering survey, design units and construction drawing review institutions shall not engage in construction engineering survey, design and construction drawing review activities.
Article 14 It is forbidden for any unit or individual to forge, link, lease (borrow) or resell the qualification certificate, special seal for certificate, personal registered practice certificate, special seal for registered practice and other badges of construction engineering survey and design units.
Fifteenth administrative departments of housing and urban construction of the people's governments at or above the county level shall implement dynamic supervision on the qualifications of construction engineering survey and design units, the conditions of construction drawing review institutions and the qualifications of relevant professional and technical personnel, and announce the results to the public.
Construction engineering survey and design registered practitioners, other professional and technical personnel and construction drawing reviewers shall receive continuing education in accordance with the provisions.
Chapter III Contract Issuing and Contracting
Sixteenth construction projects that must be tendered according to laws and regulations shall follow the principles of openness, fairness and impartiality, and shall be tendered according to law.
The contracting and contracting of construction engineering survey and design business are not restricted by regions and industries.
Seventeenth construction units should contract out the survey and design business to construction engineering survey and design units with corresponding qualification grades, and it is forbidden to contract out the business to individuals and construction engineering survey and design units without qualification certificates or corresponding qualification grades.
Eighteenth construction engineering survey and design units shall not subcontract all contracted survey and design business to other units or individuals in any form.
In addition to the survey and design of the main part of the construction project, the contractor may subcontract the survey and design of other parts of the construction project to other construction project survey and design units with corresponding qualification grades with the written consent of the employer.
Subcontractors shall not subcontract or subcontract the contracted construction engineering survey and design business. The subcontractor is responsible to the contractor and the contractor is responsible to the employer.
Article 19 When two or more construction engineering survey and design units undertake the survey and design business of the same project but different single projects, or the survey and design business of different specialties of the same single project, the construction unit shall determine one of the survey and design units as the overall design unit, and be responsible for coordinating related matters in the survey, design and construction of the construction project.
When two or more construction engineering survey and design units with different qualification levels or scopes jointly undertake the survey and design business of the same project, they shall undertake the business according to the qualification level and scope of the unit with lower qualification level.
Twentieth civil residential construction projects such as fire protection, civil air defense, lightning protection, water supply and drainage, power supply, gas supply, heating, radio and television, communications and other professional design should be commissioned survey and design.
The design of water supply, power supply, gas supply, heating and other professional operating facilities and equipment invested by professional business units shall be implemented in accordance with relevant regulations.
Twenty-first construction units to undertake survey and design business, should be in accordance with the national and provincial contract model text and survey and design units signed a construction project survey and design contract.
When the construction unit entrusts the construction drawing review business, it shall sign a consultation entrustment agreement or contract with the construction drawing review institution.
Chapter IV Compilation and Examination of Survey and Design Documents
Article 22 The compilation of survey and design documents for construction projects shall conform to laws and regulations on urban and rural planning, special planning, environmental protection, land management, soil and water conservation, cultural relics protection, disaster prevention and mitigation, and meet the requirements of relevant national and provincial construction standards and technical specifications.
Twenty-third construction engineering design documents should be designed according to the technical specifications and engineering characteristics of energy saving, environmental protection, green building and fire protection, and adopt advanced concepts and technologies to reduce energy consumption and project cost.
Article 24 The architectural design shall meet the functional requirements, be applicable, safe, economical and beautiful, reflect the regional, ethnic and cultural characteristics, and be in harmony with the surrounding environment.
For major construction projects involving public interests, such as important urban landscapes, landmark buildings (structures) or important municipal infrastructure projects, the design scheme shall be evaluated by experts in accordance with relevant regulations, and publicized to the public to solicit public opinions.
Twenty-fifth state organs office buildings and large public buildings, should be in accordance with the relevant provisions of the state and the province, synchronous design of electricity, heat, water, gas and other energy consumption monitoring system.
Urban residential buildings and public buildings should be equipped with solar photothermal or photoelectric utilization systems in accordance with relevant regulations, and be integrated with architectural design.
Construction projects invested by the government shall implement the design standards for green buildings. Encourage qualified construction projects to adopt green building design standards.
Twenty-sixth construction survey documents are generally divided into three stages: site selection survey, preliminary survey and detailed survey. If the project scale is small, the site area is small and the geological conditions are simple, it may be appropriately merged.
The compilation of architectural engineering design documents is generally divided into three stages: scheme design, preliminary design and construction drawing design Belong to the scope of small construction projects, can be appropriately merged; Unless otherwise stipulated by the state, such provisions shall prevail.
Twenty-seventh construction engineering survey and design documents shall meet the following requirements:
(a) in line with the approved project feasibility study report, planning and site selection permit and other pre-approval documents;
(two) in line with the depth of the construction project survey and design documents;
(three) in line with the survey and design standards, norms, procedures and technical measures;
(four) in accordance with the provisions of the survey and design contract;
(5) Signature of registered practitioners and other professional and technical personnel;
(6) Signature of the legal representative, technical director and project director of the survey and design unit;
(seven) stamped with the special seal for the qualification of survey and design units and the practicing seal of registered practitioners;
(eight) in the construction drawing design documents, the survey documents, the number and the name of the construction drawing review institution that have passed the examination shall be listed;
(9) Other requirements stipulated by laws and regulations.
Twenty-eighth after the completion of the construction project survey documents, the construction unit shall send the survey documents to the construction drawing review agency with corresponding review qualifications for review.
No basic survey documents, survey documents without review or unqualified review, the design unit shall not carry out construction engineering design.
Twenty-ninth government investment projects after the completion of the survey and design documents, the construction unit shall be submitted in accordance with the relevant provisions of the provincial or municipal (state) people's government housing and urban construction, transportation, water conservancy and other relevant departments for preliminary design review. Without the preliminary design review or unqualified review, the construction engineering design unit shall not prepare and issue the construction drawing design documents, and the construction drawing review institution shall not conduct the review.
Article 30 Where the State stipulates that a special seismic review should be conducted for the out-of-code high-rise buildings, the construction engineering design unit shall inform the construction unit in writing to apply for a special seismic review for the out-of-code high-rise buildings to the administrative department of housing and urban and rural construction of the provincial people's government.
Without examination or unqualified examination, the construction engineering design unit shall not prepare and issue the construction drawing design documents, and the construction drawing review institution shall not review them.
Thirty-first construction drawing review institutions shall review in accordance with the relevant policies and regulations, pre-approval documents, norms and procedures, and construction drawing review points.
No unit or individual may modify the construction drawing design documents that have been examined and approved without authorization; If revision is really necessary, the construction unit shall, in accordance with the provisions, send the revised construction drawing design documents to the original construction drawing review institution for review, and can only use them after passing the examination.
The review of construction drawings and design documents of construction projects in transportation, water conservancy and other industries shall be carried out in accordance with the relevant provisions of the state.
Article 32 After the construction drawing design documents have passed the examination, the construction unit shall, within five working days, submit the construction drawing examination opinions, construction drawing examination certificate and other materials to the administrative department of housing and urban construction of the people's government at or above the city (state) where the project is located for the record.
Thirty-third construction engineering survey and design units shall strictly implement the mandatory provisions of the state and province, and shall not arbitrarily change the relevant construction standards of the state and province.
Article 34 The copyright and exclusive technical rights of the survey and design documents of construction projects belong to the survey and design units. Without the consent of the survey and design unit, no unit or individual may use it.
The survey and design documents issued by the survey and design unit entrusted by the construction unit can only be used for the construction projects agreed in the contract, and shall not be used or applied to other construction projects.
Construction engineering survey and design personnel shall abide by professional ethics and contractual agreements, and keep the business secrets they know in their practice activities.
Chapter V Supervision and Administration
Thirty-fifth new technologies, new processes, new equipment, new materials and other applications in the project under construction shall pass the appraisal, evaluation and appraisal in accordance with the relevant provisions; If it is really necessary, local standards for engineering construction can be formulated and corresponding standard designs can be compiled.
Thirty-sixth housing and urban and rural construction, transportation, water conservancy and other relevant departments shall be responsible for supervising the implementation and enforcement of national standards, industry standards and local standards in survey and design activities according to their scope of duties.
Thirty-seventh local standards for engineering construction in this province shall be reviewed by the relevant departments of housing and urban construction, transportation, water conservancy and so on of the provincial people's government. , and approved by the quality and technical supervision department at the same level.
Thirty-eighth construction project standard design by the provincial people's government housing and urban and rural construction, transportation, water conservancy and other relevant departments responsible for examination and approval.
As an important part of engineering construction standardization, the standard design of construction projects is encouraged to give priority to construction engineering survey and design units.
Thirty-ninth construction engineering survey and design units and construction drawing review institutions shall establish and improve the quality assurance system and accountability system.
The survey and design unit of a construction project and its legal representative shall be responsible for the quality and authenticity of the survey and design documents prepared by the unit. The technical person in charge of the unit, the person in charge of the project, the registered practitioners and other professional and technical personnel shall be responsible for the quality and authenticity of the survey and design documents signed and sealed by them.
The construction unit shall be responsible for the authenticity of the approval of the project feasibility study report, planning and site selection, environmental impact assessment, the location of the proposed site, the scale and content of the proposed project, etc.
Construction drawing review institutions and their reviewers shall be responsible for the review quality of survey documents and construction drawing design documents.
Fortieth construction units shall not express or imply that construction engineering survey and design units violate laws, regulations or construction engineering quality standards, safety standards, energy-saving standards and mandatory provisions for survey and design.
The construction unit shall not express or imply that the construction drawing review institution violates laws, regulations and mandatory standards for engineering construction to conduct construction drawing review.
Forty-first construction engineering survey and design units shall provide technical services at the construction site. Large and medium-sized projects, projects with complex technology and other projects that need to send field design representatives, the design unit shall send field design representatives in accordance with the contract.
Forty-second parties to a construction project shall not reduce the reasonable survey and design period and the construction drawing review period.
The construction unit and the construction engineering survey and design unit may, in accordance with the relevant provisions and the principle of high quality and good price, negotiate and determine the engineering survey and design fees.
Forty-third housing and urban and rural construction, transportation, water conservancy and other relevant departments should establish and improve the supervision and inspection mechanism and quality accident reporting system, and encourage the implementation of the construction project survey and design liability insurance system.
Construction engineering survey, design units and construction drawing review institutions shall, in accordance with the relevant provisions of the state and the province, submit survey and design units and construction drawing design documents to the administrative department of housing and urban and rural construction in a timely manner, and the statistical statements shall be true, accurate and complete.
Article 44 The administrative department of housing and urban and rural construction shall establish a credit management system for the survey and design units of construction projects, construction drawing review institutions and employees, carry out credit evaluation, implement a system of encouraging trustworthiness, punishing dishonesty and lifelong responsibility for quality, and regularly publish credit information records to the public.
Chapter VI Legal Liability
Forty-fifth acts in violation of the provisions of these measures, laws and regulations have been punished, from its provisions, and recorded in the record of good faith information.
Forty-sixth in violation of the provisions of these measures, the construction unit has one of the following circumstances, the administrative department of housing and urban construction of the people's government at or above the county level shall order it to make corrections, record it in the record of good faith information, and be punished in accordance with the following provisions:
(a) to modify the construction drawing design documents that have been examined and approved without authorization, and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan;
(two) to provide false information, impose a fine of ten thousand yuan and thirty thousand yuan;
(three) urban residential buildings and public buildings that fail to design solar photothermal or photoelectric integrated systems in accordance with the provisions shall be fined not less than ten thousand yuan but not more than thirty thousand yuan.
Article 47 In violation of the provisions of these measures, if a construction engineering survey and design unit is under any of the following circumstances, the administrative department of housing and urban and rural construction of the people's government at or above the county level shall order it to make corrections, record it in the credit information record, and punish it in accordance with the following provisions:
(1) Whoever forges, links, rents (borrows) or resells the qualification certificate or special seal for the certificate shall be fined 1 10,000 yuan but not more than 30,000 yuan;
(two) failing to provide technical services or on-site services as agreed in the contract, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed;
(three) to provide the construction unit with the engineering survey and design documents without signature or seal, and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan;
(four) government investment projects without preliminary design review or unqualified review, the preparation of construction drawings and design documents, punishable by a fine of ten thousand yuan and thirty thousand yuan;
(five) failing to submit the statistical statements of the survey and design units in accordance with the provisions, and imposing a fine of not less than five thousand yuan but not more than ten thousand yuan.
Forty-eighth in violation of the provisions of these measures, the construction drawing review institution has one of the following circumstances, and the administrative department of housing and urban construction of the people's government at or above the city (state) shall order it to make corrections, record it in the credit information record, and punish it in accordance with the following provisions:
(a) not in accordance with the relevant policies and regulations, pre-project approval documents, norms and procedures, as well as the main points of construction drawing review. , and impose a fine of ten thousand yuan and thirty thousand yuan;
(two) failing to submit the construction drawing design documents to review the statistical statements, and impose a fine of not less than five thousand yuan but not more than ten thousand yuan.
Article 49 If a construction unit, a construction engineering survey and design unit and a construction drawing review institution are fined in violation of these measures, the legal representative of the unit and the person directly responsible shall be fined more than 5% 10% of the unit fine, and recorded in the credit information record.
Article 50 Any functionary of a state organ who, in violation of these measures, neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Fifty-first temporary buildings such as military construction projects, emergency rescue and disaster relief, and survey and design activities of self-built houses by farmers and herdsmen on the second floor and below are not applicable to these measures.
Article 52 These Measures shall be implemented as of 20 15, 10 and 1 day.
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