The construction administrative departments of the municipal flag, county and district people's governments shall, according to the scope of authorization, be responsible for the management of the construction market within their respective administrative areas, and be subject to the supervision and guidance of the municipal construction administrative department in business.
The administrative departments for industry and commerce of the people's governments of cities, counties and districts shall be responsible for the supervision of the construction market. Other relevant administrative departments shall, in accordance with the prescribed functions and powers, assist the construction administrative departments to do a good job in the management of the construction market. The main responsibilities of the construction administrative department of the Fourth Municipal People's Government in the construction market management:
(a) to organize the implementation of laws and regulations on the construction market;
(two) unified management of the construction team (including architectural decoration);
(three) the preparation of construction industry development planning, and organize the implementation;
(4) Issuing construction permits for construction projects;
(five) review the qualifications of the employer and the contractor; Manage and supervise the bidding and contracting work;
(six) to provide services to all parties in the construction market;
(seven) to supervise the implementation of the construction project contract;
(eight) the management of construction project supervision and quality supervision;
(nine) to supervise and inspect the management of the construction market management institutions and staff. Maintain the order of the construction market according to law. Chapter II Management of Contract Issuing and Contracting Article 5 The contract issuing and contracting of construction projects shall be open and equal, and shall not be restricted by regions or departments. Article 6 The construction unit must go through the formalities for applying for construction of construction projects. Private contracting is prohibited. Seventh construction project bidding management at different levels, by the bidding management department is responsible for the management and supervision. Article 8 The survey, design, construction and supervision of construction projects (new construction, reconstruction, expansion and technical transformation) that meet the tender requirements must be subject to tender.
Construction projects that do not meet the bidding conditions shall not go through the contracting procedures or start construction.
Construction projects that do not require bidding shall be supervised and managed by the construction administrative department where the construction project is located, and contractors shall be selected in accordance with relevant regulations.
Construction projects that are not suitable for bidding shall be handled in accordance with relevant state regulations. Article 9 The developer of a construction project shall meet the following conditions:
(a) organizations or citizens with legal personality;
(2) Having technical and economic management personnel suitable for the contracted construction projects;
(three) the implementation of the tender, it should have the ability to prepare the tender documents and organize the bid opening, evaluation and selection.
Do not have the conditions of items (2) and (3) of this article, it shall entrust a construction supervision consulting unit with corresponding qualifications as an agent. Article 10 A survey and design contract for a construction project shall meet the following conditions in addition to the provisions of Article 9 of these Regulations:
(1) Having an approved project proposal, feasibility study report or design task book;
(2) Having the basic data required for engineering survey and design. Article 11 A construction contract shall meet the following conditions in addition to the provisions of Article 10 of these Regulations:
(1) Having an approved preliminary design and budgetary estimate or construction drawing budget;
(2) Having an approved annual plan and relevant documents;
(3) Having relevant technical data to ensure the construction needs;
(four) the construction funds have been implemented and confirmed by the relevant departments;
(five) the construction land has been requisitioned, and the demolition has reached the progress requirements. Twelfth construction projects must be awarded to construction enterprises with corresponding qualification certificates (production licenses) and business licenses. Thirteenth construction contractors must hold the qualification certificate (production license), business license and the bank's credit certificate before contracting. Article 14 A contractor must contract a construction project according to its qualification level and business scope. Shall not exceed the scope of contracting, contracting without a license.
The contractor shall organize the completion of the contracted construction project by itself. Construction enterprises with general contracting qualification can subcontract and be responsible to the employer.
It is forbidden to subcontract construction projects in reverse. Chapter III Contract Management Article 15 The contracting of construction projects shall be signed in accordance with the provisions of relevant laws and regulations and strictly implemented.
When signing a construction project contract, a unified model contract text must be used, and it shall be filed with the relevant departments, and it may also be certified or notarized. Sixteenth contracting projects must implement the standards, quotas, budget prices and relevant regulations of the state, autonomous regions and Baotou City on project cost. Do not arbitrarily lower the price, raise the price or attach unreasonable conditions.