(decree number. Ministry of Construction 149)
"Measures for the Administration of Engineering Cost Consulting Enterprises" has been discussed and passed at the 85th executive meeting of the Ministry of Construction on February 22, 2006, and is hereby promulgated and shall come into force as of July 1 2006.
Minister of Construction Wang Guangtao
Press release issued on 22 March 2006
Measures for the administration of engineering cost consulting enterprises
Chapter I General Principles
Article 1 In order to strengthen the management of engineering cost consulting enterprises, improve the quality of engineering cost consulting, and safeguard the order of the construction market and public interests, these Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC) and the Decision of the State Council on Setting Administrative Licensing for Administrative Examination and Approval Items that Really Need to Be Reserved.
Article 2 These Measures shall be observed when engaging in engineering cost consulting activities within the territory of People's Republic of China (PRC) and supervising and managing engineering cost consulting enterprises.
Article 3 The term "engineering cost consulting enterprise" as mentioned in these Measures refers to an enterprise entrusted to provide professional consulting services for the determination and control of construction project investment and engineering cost.
Article 4 An engineering cost consulting enterprise shall obtain the qualification of an engineering cost consulting enterprise according to law and engage in engineering cost consulting activities within the scope permitted by its qualification grade.
Fifth engineering cost consulting enterprises engaged in engineering cost consulting activities, should follow the principles of independence, objectivity, impartiality, honesty and credit, and shall not harm the public interests and the legitimate rights and interests of others.
No unit or individual may illegally interfere with the project cost consultation activities carried out according to law.
Article 6 The competent construction department of the State Council is responsible for the unified supervision and management of the national engineering cost consulting enterprises.
The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and management of engineering cost consulting enterprises within their respective administrative areas.
Relevant professional departments are responsible for the supervision and management of professional engineering cost consulting enterprises.
Seventh engineering cost consulting industry organizations should strengthen industry self-discipline management.
Encourage engineering cost consulting enterprises to join engineering cost consulting industry organizations.
Chapter II Qualification Grades and Standards
Article 8 The qualification grades of engineering cost consulting enterprises are divided into Grade A and Grade B. ..
Article 9 The qualification standards for Grade A engineering cost consulting enterprises are as follows:
(a) to obtain the qualification certificate of Grade B engineering cost consulting enterprise for 3 years;
(2) among enterprise investors, the number of registered cost engineers shall not be less than 60% of the total number of investors, and the capital contribution shall not be less than 60% of the total registered capital of the enterprise;
(three) the technical person in charge has obtained the registration certificate of cost engineer, has the senior title of engineering or engineering economy, and has been engaged in the professional work of engineering cost for more than 15 years;
(4) There shall be no less than 20 full-time personnel (hereinafter referred to as full-time personnel) engaged in the professional work of engineering cost, among whom there shall be no less than 16 persons with intermediate or above titles in engineering or engineering economics; At least 10 people have obtained the registration certificate of cost engineer, and other people have professional working experience in engineering cost;
(five) the enterprise has signed a labor contract with full-time professionals, who meet the professional age prescribed by the state (except the investor);
(six) the personnel file relationship of full-time professionals is managed by the personnel agency recognized by the state;
(7) The registered capital of the enterprise is not less than RMB 6,543,800+0,000;
(eight) the accumulated operating income of the enterprise in the past three years is not less than 5 million yuan;
(nine) has a fixed office space, the per capita office building area is not less than 10 square meters;
(ten) the technical file management system, quality control system and financial management system are complete;
(eleven) the basic social endowment insurance procedures for the full-time staff of the enterprise are complete;
(twelve) there is no behavior prohibited by article twenty-seventh of these measures within three years before the date of applying for the approval of the qualification grade.
Article 10 The qualification standards for Grade B engineering cost consulting enterprises are as follows:
(a) among the enterprise investors, the number of registered cost engineers shall not be less than 60% of the total number of investors, and their capital contribution shall not be less than 60% of the total registered capital;
(two) the technical person in charge has obtained the registration certificate of cost engineer, has the senior title of engineering or engineering economy, and has been engaged in the professional work of engineering cost for more than 0/0 years;
(3) There shall be no less than 12 full-time professionals, including no less than 8 people with intermediate or above titles in engineering or engineering economics; No less than 6 people have obtained the registration certificate of cost engineer, and other people have experience in engineering cost professional work;
(four) the enterprise has signed a labor contract with full-time professionals, full-time professionals meet the professional age prescribed by the state (except investors);
(five) the personnel file relationship of full-time professionals is managed by the personnel agency recognized by the state;
(six) the registered capital of the enterprise is not less than 500 thousand yuan;
(seven) has a fixed office space, the per capita office building area is not less than 10 square meters;
(eight) the technical file management system, quality control system and financial management system are complete;
(nine) the basic social endowment insurance procedures handled by the enterprise for its full-time staff are complete;
(10) During the temporary period of project cost consultation, the accumulated operating income shall not be less than 500,000 yuan;
(eleven) there is no behavior prohibited by article twenty-seventh of these measures before the date of applying for the approval of the qualification grade.
Chapter III Qualification Permission
Article 11 To apply for the qualification of Grade A engineering cost consulting enterprise, an application shall be made to the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government where industrial and commercial registration is located or to the relevant professional competent department of the State Council.
The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the relevant professional departments of the State Council shall complete the examination within 20 days from the date of accepting the application materials, and report the preliminary examination opinions and all the application materials to the competent construction department of the State Council; The competent construction department of the State Council shall make a decision within 20 days from the date of acceptance.
Article 12 The application for the qualification of Grade B engineering cost consulting enterprise shall be examined and approved by the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Among them, the application for the qualification of B-level engineering cost consulting enterprises with relevant majors shall be examined and decided by the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in consultation with relevant professional departments at the same level.
The implementation procedures for the qualification license of Grade B engineering cost consulting enterprises shall be determined by the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to law.
The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 30 days from the date of making the decision, report the decision to grant the qualification license to the competent construction department of the State Council for the record.
Thirteenth to apply for the qualification of engineering cost consulting enterprise, the following materials shall be submitted and declared online at the same time:
(1) application form for qualification grade of engineering cost consulting enterprise;
(two) full-time professionals (including technical leaders) of the cost engineer registration certificate, cost qualification certificate, professional and technical title certificate and ID card;
(three) the personnel agency contract of full-time professionals (including technical leaders) and the proof that the enterprise paid the social basic old-age insurance premium this year;
(4) The articles of association of the enterprise, the shareholders' contribution agreement and the shareholders' contribution certificate issued by the industrial and commercial department;
(five) the business tax invoice of the enterprise to pay the operating income or the business tax payment certificate issued by the tax department to pay the operating income of the project cost consultation; If the business income of the enterprise includes other business income, it is also necessary to issue a financial audit report on the business income of project cost consulting;
(six) the qualification certificate of the engineering cost consulting enterprise;
(7) Business license of the enterprise;
(eight) the lease contract or property right certificate of the fixed office;
(nine) documents related to the enterprise's technical file management, quality control, financial management and other systems;
(ten) other materials as prescribed by laws and regulations.
To apply for the qualification of engineering cost consulting enterprise, it is not necessary to submit the materials listed in Items (5) and (6) of the preceding paragraph.
Article 14 Where a new applicant applies for the qualification of an engineering cost consulting enterprise, its qualification grade shall be approved as Grade B according to the qualification standards listed in Items (1) to (9) of Article 10 of these Measures, tentatively for one year.
If it is necessary to continue to engage in engineering cost consulting activities after the expiration of the temporary period, it shall apply to the qualification licensing authority for renewal of the qualification certificate 30 days before the expiration of the temporary period. Those who meet the requirements of Grade B qualification shall be renewed by the qualification licensing authority.
Fifteenth to grant the qualification license, the qualification licensing authority shall issue the qualification certificate of the engineering cost consulting enterprise to the applicant.
The qualification certificate of the engineering cost consulting enterprise shall be uniformly printed by the competent construction department of the State Council, and divided into the original and the copy. The original and the copy have the same legal effect.
If an engineering cost consulting enterprise loses its qualification certificate, it shall, after declaring it invalid in the public media, apply to the qualification licensing authority for a replacement.
Sixteenth engineering cost consulting enterprise qualification is valid for 3 years.
If the qualification expires and it is necessary to continue to engage in engineering cost consulting activities, an application for qualification renewal shall be submitted to the qualification licensing authority 30 days before the expiration of the qualification validity period. The qualification licensing organ shall make a decision on whether to approve the extension according to the application. If the extension is granted, the validity period of qualification shall be extended for 3 years.
Article 17 Where the name, domicile, organizational form, legal representative, technical director, registered capital and other matters of an engineering cost consulting enterprise change, it shall, within 30 days from the date of establishment of the change, go through the formalities for changing the qualification certificate at the qualification licensing organ.
Eighteenth engineering cost consulting enterprises merger, the existing or newly established engineering cost consulting enterprises after the merger can inherit the higher qualification level of the parties before the merger, but it should meet the corresponding qualification level conditions.
If the engineering cost consulting enterprise is divided, only one party can inherit the qualification of the original engineering cost consulting enterprise after the division, but it shall meet the qualification grade conditions of the original engineering cost consulting enterprise.
Chapter IV Consulting Management of Project Cost
Nineteenth engineering cost consulting enterprises engaged in engineering cost consulting activities according to law, not restricted by administrative regions.
Grade A engineering cost consulting enterprises can engage in engineering cost consulting business of various construction projects.
Grade B engineering cost consulting enterprises can engage in engineering cost consulting business of various construction projects with engineering cost less than 50 million yuan.
Twentieth engineering cost consulting business scope includes:
(a) the construction project proposal and feasibility study investment estimation, project economic evaluation report preparation and audit;
(two) the preparation and review of the construction project budget, with the design scheme comparison, optimization design, quota design and other work, analysis and control of the project cost;
(three) the determination of the contract price of the construction project (including the compilation and review of the bill of quantities and the pre-tender estimate of the bidding project); Signing and adjustment of contract price (including engineering change, engineering negotiation and calculation of claim cost), project payment, project settlement and compilation and audit of completion settlement report, etc. ;
(4) Appraisal and arbitration consultation of economic disputes over project cost;
(5) Providing engineering cost information service, etc.
Engineering cost consulting enterprises can manage and serve the organization and implementation of construction projects in the whole process or in several stages
Twenty-first engineering cost consulting enterprises shall conclude a written engineering cost consulting contract with the client when undertaking engineering cost consulting business of various construction projects.
The project cost consulting enterprise and the client may conclude a contract with reference to the construction project cost consulting contract (model text).
Twenty-second engineering cost consulting enterprises engaged in engineering cost consulting business shall issue engineering cost documents in accordance with the requirements of relevant regulations.
The engineering cost achievement document shall be stamped with the practicing seal of the enterprise name, qualification grade and certificate number by the engineering cost consulting enterprise, and signed and stamped with the practicing seal by the registered cost engineer who performs consulting business.
Article 23 Where an engineering cost consulting enterprise establishes a branch, it shall, within 30 days from the date of obtaining the business license of the branch, submit the following materials to the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government where the branch is registered for industry and commerce:
(1) A copy of the business license of the branch;
(two) a copy of the qualification certificate of the engineering cost consulting enterprise;
(3) Copies of the registration certificates of not less than 3 registered cost engineers who intend to practice in branches;
(4) Lease contract or property right certificate of the fixed office space of the branch.
The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 20 days from the date of accepting the record, report to the competent construction departments of the State Council for the record.
Article 24 If a branch company engages in engineering cost consulting business, the engineering cost consulting enterprise that established the branch company shall be responsible for undertaking the engineering cost consulting business, signing the engineering cost consulting contract and issuing the engineering cost achievement document.
Branches may not undertake engineering cost consulting business in their own names, conclude engineering cost consulting contracts, and issue engineering cost achievement documents.
Article 25 Where an engineering cost consulting enterprise undertakes engineering cost consulting business across provinces, autonomous regions and municipalities directly under the Central Government, it shall, within 30 days from the date of undertaking the business, go to the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government where the construction project is located for the record.
Twenty-sixth engineering cost consulting fees shall be stipulated by the parties in the construction project cost consulting contract in accordance with the relevant provisions.
Twenty-seventh engineering cost consulting enterprises shall have the following acts:
(1) Altering, reselling, leasing or lending the qualification certificate, or illegally transferring the qualification certificate in other forms;
(two) beyond the scope of business qualification to undertake engineering cost consulting business;
(three) at the same time to accept the tender, bidders or two or more bidders for the same project cost consulting business;
(four) unfair competition that gives kickbacks or maliciously lowers fees;
(five) the project cost consulting business undertaken by the subcontract;
(six) other acts prohibited by laws and regulations.
Twenty-eighth unless otherwise stipulated by laws and regulations, without the written consent of the client, the engineering cost consulting enterprise shall not disclose the business secrets and business information of the parties in the process of providing engineering cost consulting services.
Twenty-ninth local people's governments at or above the county level shall, in accordance with the relevant laws, regulations and the provisions of these measures, supervise and inspect the activities of engineering cost consulting enterprises engaged in engineering cost consulting business.
Thirtieth supervision and inspection organs shall have the right to take the following measures when performing their duties of supervision and inspection:
(a) require the inspected unit to provide the qualification certificate of engineering cost consulting enterprise, the registration certificate of cost engineer, the relevant documents of engineering cost consulting business, and the technical file management system, quality control system, financial management system and other relevant documents;
(two) to enter the inspected unit for inspection, and to consult the engineering cost consulting documents and engineering cost consulting contracts and other related materials;
(three) to correct the acts in violation of the relevant laws and regulations, these measures and the rules of practice.
The supervision and inspection organ shall announce the results of supervision and inspection to the public.
Thirty-first supervision and inspection organs shall have two or more supervision and inspection personnel to participate in the supervision and inspection, and produce law enforcement certificates. Shall not interfere with the normal business activities of the inspected unit, shall not ask for or accept property, and shall not seek other interests.
The relevant units and individuals shall assist and cooperate with the supervision and inspection conducted according to law, and shall not refuse or obstruct.
Thirty-second in any of the following circumstances, the qualification licensing authority or its superior organ may revoke the qualification of the project cost consulting enterprise at the request of the interested party or ex officio:
(a) the staff of the qualification licensing authority abuses their powers and neglects their duties to grant the qualification license to the engineering cost consulting enterprise;
(two) beyond the statutory authority to grant the qualification license of engineering cost consulting enterprises;
(three) in violation of legal procedures to grant the qualification license of engineering cost consulting enterprises;
(four) the applicant who does not have the administrative licensing conditions is granted the qualification license of the engineering cost consulting enterprise;
(five) other circumstances in which the qualification of the engineering cost consulting enterprise can be revoked according to law.
If an engineering cost consulting enterprise obtains the qualification of an engineering cost consulting enterprise by cheating, bribery or other improper means, it shall be revoked.
Thirty-third engineering cost consulting enterprises have obtained the qualification of engineering cost consulting enterprises, which no longer meet the corresponding qualification conditions, and the qualification licensing organ may order them to make corrections within a time limit at the request of interested parties or ex officio; If it fails to do so within the time limit, its qualification may be revoked.
Thirty-fourth in any of the following circumstances, the qualification licensing organ shall cancel the qualification of the engineering cost consulting enterprise according to law:
(a) the qualification period of the engineering cost consulting enterprise expires, and it has not applied for extension;
(two) the qualification of the engineering cost consulting enterprise has been revoked or withdrawn;
(three) the project cost consulting enterprise is terminated according to law;
(four) other circumstances in which the qualification of engineering cost consulting enterprises should be cancelled according to laws and regulations.
Thirty-fifth engineering cost consulting enterprises shall, in accordance with the relevant provisions, provide true, accurate and complete credit file information of engineering cost consulting enterprises to the qualification licensing authority.
The credit file of the engineering cost consulting enterprise shall include the basic information, performance, good behavior and bad behavior of the engineering cost consulting enterprise. Illegal acts, complaints, administrative penalties, etc. It should be recorded as a bad record in the credit file of the engineering cost consulting enterprise.
Any unit or individual has the right to consult credit files.
Chapter V Legal Liability
Article 36 Where an applicant conceals relevant information or provides false materials to apply for the qualification of a project cost consulting enterprise, it shall not be accepted or the qualification license shall not be granted, and a warning shall be given. The applicant shall not apply for the qualification of engineering cost consulting enterprise again within 1 year.
Thirty-seventh whoever obtains the qualification of engineering cost consulting enterprise by cheating, bribery or other improper means shall be given a warning by the competent construction department of the local people's government at or above the county level or the relevant professional department, and shall be fined between 60,000 yuan and 30,000 yuan. The applicant shall not apply for the qualification of engineering cost consulting enterprise again within three years.
Article 38 If an enterprise engages in engineering cost consulting activities without obtaining the qualification of engineering cost consulting enterprise or undertakes engineering cost consulting business beyond its qualification level, the engineering cost achievement document issued by it is invalid, and the competent construction department of the local people's government at or above the county level or the relevant professional department shall give it a warning, order it to make corrections within a time limit and impose a fine of 6,543,800 yuan to 30,000 yuan.
Thirty-ninth in violation of the provisions of article seventeenth of these measures, the engineering cost consulting enterprise fails to go through the formalities for changing the qualification certificate in time, and the qualification licensing organ shall order it to go through the formalities within a time limit; Failing to do so within the time limit, a fine of 1 0,000 yuan may be imposed.
Fortieth any of the following acts shall be given a warning by the competent construction department of the local people's government at or above the county level or the relevant professional department and ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 5000 yuan or more and 20 thousand yuan or less shall be imposed:
(a) in violation of the provisions of article twenty-third, the newly established branch has not been filed;
(two) in violation of the provisions of article twenty-fifth, across provinces, autonomous regions and municipalities directly under the central government to undertake business without filing.
Article 41 If an engineering cost consulting enterprise commits one of the acts in Article 27 of these Measures, the competent construction department of the local people's government at or above the county level or the relevant professional department shall give it a warning, order it to make corrections within a time limit, and impose a fine of 6,543,800 yuan to 30,000 yuan.
Forty-second qualification licensing authority in any of the following circumstances, by its superior administrative departments or supervisory organs shall be ordered to make corrections, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the applicant who does not meet the statutory requirements is granted the qualification license of the engineering cost consulting enterprise or the decision to grant the qualification license of the engineering cost consulting enterprise is made beyond the authority;
(two) the applicant who meets the statutory conditions shall not be issued with the qualification license of the engineering cost consulting enterprise or shall not make a decision to issue the qualification license of the engineering cost consulting enterprise within the statutory time limit;
(3) taking advantage of his position to accept property or other benefits from others;
(four) failing to perform the duties of supervision and management, or failing to investigate and deal with illegal acts.
Chapter VI Supplementary Provisions
Article 43 These Measures shall come into force as of July 6, 2006. The Measures for the Administration of Engineering Cost Consulting Units issued by the Ministry of Construction No.65438 on June 25th, 2000 (Decree No.74 of the Ministry of Construction) shall be abolished at the same time.
If the provisions issued by the Ministry of Construction before the implementation of these measures are inconsistent with these measures, these measures shall prevail.
Article 44 The provisions of Item (2), Item (6), Item (1) and Item (5) of Article 9 of these Measures shall not apply to the units that have obtained the qualification of engineering cost consultation before the implementation of these Measures and have not yet been restructured.