Chapter I General Principles
Article 1 In order to strengthen and standardize the management of the construction market, protect the legitimate rights and interests of the parties involved in construction activities, and maintain the order of the construction market, these Regulations are formulated in accordance with the relevant laws and regulations of the state and the actual situation of this Municipality.
Article 2 The contracting of construction projects within the administrative area of this Municipality, engaging in activities related to the construction market, such as construction project survey, design, construction, project supervision, engineering consulting services, building components and commercial concrete management, and the supervision and management of the construction market shall abide by these regulations.
The third municipal construction administrative department is responsible for the unified supervision and management of the city's construction market. District and county construction administrative departments shall be responsible for the supervision and management of the construction market within their respective jurisdictions in accordance with the division of labor.
The municipal highway and traffic port management department shall cooperate with the construction administrative department to do relevant work.
The water administrative department shall be responsible for the supervision and management of the water conservancy professional construction engineering market in accordance with the division of responsibilities.
Quality and technical supervision and other administrative departments shall, in accordance with their respective responsibilities, do a good job in relevant management according to law.
Article 4 The management of the construction market shall follow the principles of unity, openness and order, and the contracting transactions of construction projects shall be open, fair and just, and shall not be restricted by regions, departments and industries.
Article 5 This Municipality shall establish and improve the credit system of the construction market, collect, evaluate and publish the credit information of the parties involved in construction activities, provide credit information inquiry to the society, and implement the system of encouraging trustworthiness and punishing dishonesty.
Chapter II Main Body Management of Construction Market
Sixth construction units to invest in construction projects, should have the corresponding sources of funds, independently bear civil liability according to law.
Real estate development enterprises shall engage in the construction of real estate development projects within the scope permitted by their qualification grades.
Article 7 The following units engaged in construction activities shall obtain corresponding qualifications or qualifications according to law:
(a) construction engineering survey, design, construction, engineering supervision units;
(two) the construction project cost consultation, bidding agency and quality inspection unit;
(three) building components, commercial concrete production and business units;
(four) other units that must obtain qualifications or qualifications as stipulated by the state.
Article 8 The construction unit shall select the project management unit to be responsible for the construction and implementation of the agent construction project through bidding or entrustment.
The project management unit entrusted by the agent construction unit shall have the qualifications stipulated by the state, and be equipped with management personnel and professional and technical personnel suitable for the scale of the construction project in accordance with the relevant provisions of this Municipality.
Ninth survey, design, construction, engineering supervision, bidding agency, cost consulting and other units. Those who are not registered in this Municipality shall file the corresponding qualification or qualification documents with the municipal construction administrative department before undertaking the project in this Municipality.
Article 10 Persons who have obtained the qualifications of architects, builders, structural engineers, supervision engineers and cost engineers in accordance with state regulations shall apply to the construction administrative department for practice registration when engaging in practice activities; Without registration, you may not engage in the corresponding practice activities.
The registered practitioners specified in the preceding paragraph can only practice in their registered units.
Chapter III Contracting and Contracting of Construction Projects
Eleventh construction units in the construction of the city, should hold the construction project approval or approval, filing documents, to the construction administrative departments for the construction of the record.
Twelfth construction units shall, in accordance with the relevant provisions of the state and this Municipality, contract out construction projects to contractors with corresponding qualifications.
For a construction project that must be subject to tender according to law, the contractor shall be determined through tender. Except as otherwise provided by laws and regulations.
Thirteenth survey contractors shall independently complete the survey of contracted construction projects, and shall not subcontract the survey of contracted construction projects.
Fourteenth design contractors should independently complete the design of contracted construction projects. Where a design contractor subcontracts the part other than the main body of a construction project to other design units for design, it shall obtain the consent of the construction unit. Subcontracting design units shall have corresponding design qualification grades. The design contractor shall be responsible for the subcontracted design documents.
Fifteenth construction general contracting units must complete the main project of the contracted construction project by themselves; Professional projects other than the main project can be subcontracted to professional contractors; The labor operation of the main project can be subcontracted to the labor subcontracting unit.
If the general contractor subcontracts a construction project, it shall make an agreement in the general contract of the construction project; If there is no agreement, it shall be approved by the construction unit.
Sixteenth professional contractors can contract professional projects subcontracted by the general contractor, and can also contract professional projects contracted by the construction unit in accordance with regulations.
The professional contractor shall complete the contracted professional subcontracting project by himself, and the labor service may be subcontracted to the labor subcontracting unit.
Seventeenth construction contractors are prohibited from the following acts:
(a) the general contractor subcontracts the construction project to a unit that does not have the corresponding grade qualification;
(two) the general contractor subcontracts the main project to other units;
(three) there is no agreement in the general contracting contract, and without the written consent of the construction unit, the general contracting unit subcontracts the part other than the main project contracted by it to other units;
(four) professional contractors subcontract their contracted construction projects to other professional contractors;
(five) the labor subcontracting unit subcontracts its contracted labor operations to other labor subcontracting units;
(six) other illegal subcontracting activities prohibited by laws, regulations and rules.
Article 18 After contracting an engineering project, the general construction contractor and the specialized contractor shall determine the project leader, construction management leader and technical leader who are suitable for the scale and technical complexity of the engineering project, and manage the contract performance, schedule control, main construction equipment, engineering material supply, engineering quality, construction safety, civilized construction, engineering cost and labor employment of the engineering project.
Nineteenth engineering supervision units on behalf of the construction unit in accordance with the contract, in accordance with the relevant standards and norms of the state and the city, the project quality, construction safety, reasonable construction period and the use of construction funds to supervise.
Twentieth before the start of a construction project, the construction unit shall apply for a construction permit according to law. To meet the statutory requirements of the construction permit application, the construction administrative department shall issue a construction permit within three working days from the date of acceptance.
Chapter IV Construction Project Trading Market
Article 21 The term "construction project trading market" as mentioned in these Regulations refers to the place that provides engineering information services and bidding services for contracting, contracting and subcontracting transactions of construction projects.
The construction project trading market should be separated from the administrative departments and their subordinate institutions.
Twenty-second construction projects that must be publicly tendered according to law shall be tendered in the construction project trading market. Bidding activities of other construction projects can also be carried out in the construction project trading market.
Twenty-third construction project trading market management service institutions shall provide well-equipped places and standardized services for the parties to the contracting, contracting and subcontracting activities of construction projects; Collect, store and publish bidding information, policies and regulations information, enterprise information, material price information, science and technology and talent information, etc. , and provide consulting services for all parties to the construction project transaction.
Twenty-fourth construction project trading market management service institutions shall comply with the following provisions:
(a) shall not engage in project bidding agency activities;
(two) shall not have any affiliation or economic interests with any bidding agency;
(three) shall not in any way restrict and exclude enterprises from the region and outside the system to participate in bidding activities;
(four) shall not interfere with the bidding activities in any way;
(five) shall not publish false information;
(six) shall not charge fees in violation of regulations;
(seven) keep the business secrets of the bidding parties in contact with the service activities.
Twenty-fifth construction project trading market staff shall abide by the following provisions:
(a) shall not participate in bid evaluation, calibration and other activities;
(two) shall not recommend bidders to the tenderer;
(three) shall not disclose the internal information of the bidding activities in any way;
(four) in the performance of service duties, if he has an interest in himself or his close relatives, he shall withdraw.
Chapter V Construction Project Contract
Twenty-sixth construction project contracting units and contractors shall conclude a written construction project contract according to law.
When signing a construction project contract, both parties may adopt the model text formulated by the relevant administrative departments.
The substantive terms of a construction project contract shall be determined according to the tender documents and the contents of the bid documents of the winning bidder.
Twenty-seventh construction units and project management, survey, design, project supervision, construction, testing, major equipment and materials supply units shall, within fifteen days after the conclusion of a written construction project contract, be filed with the construction administrative department by the construction unit.
If the registered construction project contract is cancelled or changed, the construction unit shall, within fifteen days from the date of cancellation or change, file with the original filing institution.
If the text of the construction project contract is inconsistent with the filing contract, the filing contract shall prevail.
Article 28 The main contents of a construction project contract shall include the project content, contract scope, construction period, start and completion time of intermediate projects, project quality, project cost, delivery time of technical data, supply responsibility of materials and equipment, appropriation settlement, completion acceptance, scope and duration of quality warranty, mutual assistance obligation, liability for breach of contract, performance guarantee, dispute settlement, etc.
Twenty-ninth when concluding a construction project contract, the contracting unit requires the contractor to provide performance guarantee, and the contractor shall provide guarantee; If the contractor requires the contractor to provide the guarantee for the payment of the project funds, the contractor shall provide the guarantee.
Thirtieth disputes arising from the performance of a construction project contract may, with the consent of both parties, apply to the construction administrative department for mediation.
Chapter VI Construction Project Cost
Article 31 The municipal administrative department of construction shall, according to the national standards and norms for engineering construction, organize the compilation, revision and supplement of the basis for the valuation of the construction project cost in this Municipality, and announce it to the public to supervise and manage the construction project cost activities.
Thirty-second construction project investment estimate, preliminary design estimate, construction drawing budget and tender control price shall be compiled according to the national and municipal construction project cost valuation basis.
Bidders may refer to the national and municipal construction project cost valuation basis, or make their own quotations, but not lower than the cost price.
Thirty-third construction projects that must be publicly tendered according to law shall be priced by bill of quantities; Other construction project bidding, encourage the use of bill of quantities valuation.
Thirty-fourth construction projects that must be open to tender according to law, the tenderer shall announce the tender control price five days before the deadline for bidding.
If the bidder thinks that the bidding control price is not compiled according to the valuation basis, it may submit a written application for review to the tenderer through the municipal construction project cost management institution 3 days before the bidding deadline, and provide the contents and related materials required for the review. The tenderer shall promptly organize the evaluation, feedback the evaluation results to the bidders, and send a copy to the municipal construction project cost management institution.
Article 35 Where a construction project contract involves the adjustment of project cost, both parties shall stipulate the factors and methods of project cost adjustment in the construction project contract.
Thirty-sixth construction projects in the process of performance of the construction contract, due to reasons other than the contractor, the two sides should make adjustments in accordance with the construction contract; If the two parties have not made an agreement in the contract and have not reached a supplementary agreement, the adjustment shall be made according to the pricing basis of relevant construction projects in this Municipality.
Article 37 Both parties shall complete the project completion settlement within the time limit stipulated in the construction project contract.
If the construction project contract does not specify the completion settlement period, it shall be determined by both parties through consultation; If negotiation fails, the contractor shall submit the completion settlement documents in time after the completion acceptance of the contracted construction project, and the contractor shall complete the audit within 50 days from the date of receiving the completion settlement documents.
If both parties agree that the contracting unit fails to reply within the time limit, it shall be deemed as the approval of the completion settlement document. If the contracting unit fails to reply within the time limit, the completion settlement documents provided by the contractor shall be used as the settlement basis.
After the completion of all construction projects, the construction unit shall file with the construction administrative department within fifteen days.
Thirty-eighth construction project cost documents should be compiled by qualified engineering cost professionals and audited by registered cost engineers who did not participate in the compilation. The cost consulting unit and its compiling and auditing personnel shall bear corresponding responsibilities for the project cost achievement documents.
Chapter VII Labor and Employment in Construction Industry
Thirty-ninth construction general contracting units and professional contracting units shall be fully responsible for the construction labor employment activities of their contracted projects, and shall set up special departments or full-time personnel to provide management services; Take direct management service responsibility for the construction personnel directly employed by them.
Subcontractors shall bear the direct management service responsibility for the construction personnel they employ.
Where a general contractor, a professional contractor and a labor subcontracting unit sign a labor subcontracting contract, the general contractor and the professional contractor shall file with the construction administrative department within fifteen days from the date of signing the contract.
Fortieth the construction industry should implement real-name system management.
Construction labor service units shall verify the identity of employees, establish employment files, and truthfully record the employment situation in the construction industry.
General construction contractors and professional contractors shall, in accordance with the relevant provisions of the state and this Municipality, urge labor subcontractors to implement the labor and employment management system in the construction industry.
Article 41 The employer of construction services shall pay the wages of construction workers on a monthly basis, and both parties may also agree to pay them on a daily basis, and the employer of construction services shall not withhold or remit them.
Construction labor service units shall check the employment situation on a monthly basis and publish it.
Forty-second construction general contracting units and professional contracting units shall, according to the construction project, open a pre-existing account of construction labor wages to pay the wages of this project. The construction unit shall allocate funds to the pre-existing account of the project salary at one time or according to the construction progress. The construction administrative department is responsible for the supervision of the wage reserve account.
Article 43 A labor service employing unit in the construction industry shall truthfully inform the applicant of the work content, working conditions, workplace, safety in production, occupational hazards and labor remuneration, and organize the implementation of safety in production, vocational skills training and professional ethics education for workers.
Construction labor service units have the right to know the basic situation of candidates. The applicant shall truthfully explain; Applicants engaged in technical work should provide corresponding certificates.
Chapter VIII Legal Liability
Article 44 If, in violation of the provisions of Article 7 of these regulations, a survey, design, construction and project supervision unit undertakes a project beyond its qualification level, or undertakes a project without obtaining a qualification certificate, or obtains a qualification certificate by deception, it shall be punished in accordance with the relevant provisions of the state.
Construction project cost consultation, bidding agency and quality inspection unit, without obtaining the qualification certificate or beyond the qualification level of the unit to undertake the project, the outcome document issued is invalid, and the construction administrative department shall order it to stop the illegal act and impose a fine of 1 10,000 yuan but not more than 30,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.
Article 45 If, in violation of the provisions of the second paragraph of Article 8 of these regulations, the agent construction unit fails to obtain the corresponding qualification or is not equipped with the corresponding management personnel and professional and technical personnel, the construction administrative department shall order it to stop the illegal act and impose a fine of more than 25% and less than 50% of the agent construction cost agreed in the contract.
Article 46 If, in violation of Article 9 of these regulations, unregistered survey, design, construction, project supervision, bidding agency, cost consultation and other units undertake projects in this city, the municipal construction administrative department shall order them to make corrections and may impose a fine of not less than 30,000 yuan but not more than 100,000 yuan.
Forty-seventh in violation of the provisions of article tenth of this Ordinance, architects, builders, structural engineers, supervision engineers, cost engineers and other personnel engaged in business activities without registration, shall be punished in accordance with the relevant provisions of the state; If losses are caused, it shall be liable for compensation according to law.
Article 48 If a construction unit, in violation of laws, administrative regulations and the provisions of this Ordinance, contracts a construction project to a contractor without the corresponding qualification grade or entrusts it to a project supervision unit without the corresponding qualification grade, the construction administrative department shall order it to make corrections and impose a fine of not less than 800,000 yuan but not more than 1 million yuan.
Article 49 Whoever, in violation of the provisions of Articles 13, 14, 15 and 17 of these regulations, subcontracts illegally shall be ordered by the construction administrative department to make corrections within a time limit, the illegal income shall be confiscated, and a fine of more than 25% and less than 50% of the survey and design fee agreed in the survey and design unit contract shall be imposed; Impose a fine of not less than five thousandths but not more than ten thousandths of the contract price on the construction unit; Can be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.
Article 50 If a construction unit, in violation of the provisions of Article 20 of these regulations, starts construction without obtaining a construction permit, the construction administrative department shall order it to stop construction, make corrections within a time limit, and impose a fine of 1% to 2% of the project contract price.
Fifty-first construction units in violation of the provisions of article twenty-second, not in the construction project trading market bidding activities, the construction administrative department shall order it to make corrections, a fine of fifty thousand yuan and one hundred thousand yuan; Impose a fine of 1 10,000 yuan but not more than 30,000 yuan on the principal responsible person; If the main person in charge is a national staff member, he shall be punished according to law.
Article 52 Where a construction project trading market management service institution and its staff violate the provisions of Articles 24 and 25 of these regulations, the construction administrative department shall order it to make corrections, and the construction project trading market management service institution may be fined between 10,000 yuan and 50,000 yuan; The main person in charge and the person directly responsible may be fined up to 5,000 yuan; If losses are caused to the parties concerned, they shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fifty-third in violation of the provisions of the third paragraph of article twenty-seventh, article thirty-ninth, did not apply for contract filing, the construction administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of thirty thousand yuan shall be imposed.
Fifty-fourth in violation of the provisions of this Ordinance fortieth, the employer did not implement real-name management of construction services, the construction administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than fifty thousand yuan but not more than one hundred thousand yuan shall be imposed.
Article 55. In violation of the provisions of Article 41 of these regulations, if the employer of construction services intercepts or deducts wages, the construction administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 5% 10% of the total wages shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fifty-sixth in violation of the provisions of article forty-second, the construction project labor wages prepaid account has not been established or the funds have not been allocated to the account, and the construction administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than one hundred thousand yuan but not more than two hundred thousand yuan shall be imposed.
Fifty-seventh parties to construction activities who are subject to administrative punishment according to law may record their illegal acts and treatment results in the credit information system of the construction market.
The construction administrative department shall, in accordance with the provisions of Articles 49, 53, 54, 55 and 56 of these regulations, order the parties involved in construction activities to make corrections within a time limit. If the circumstances are serious, the municipal construction administrative department may cancel its qualification to participate in bidding activities in this city for more than six months and less than twelve months.
Article 58 Where the relevant administrative departments, other professional departments and their staff and law enforcement personnel in the construction market ask for bribes, abuse their powers, neglect their duties or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 59 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform the decision on administrative punishment within the time limit, the department that made the decision on administrative punishment shall apply to the people's court for compulsory execution according to law.
Chapter IX Supplementary Provisions
Article 60 These Regulations shall come into force on September 20 1 year 1 day. The Regulations of Tianjin Municipality on the Administration of Construction Market adopted at the 34th meeting of the Standing Committee of the 13th Tianjin Municipal People's Congress on July 6, 2002 and revised at the 20th meeting of the Standing Committee of the 14th Tianjin Municipal People's Congress on May 24, 2005, and the Notice of Tianjin Municipal People's Government on Amending and Forwarding the Regulations of Tianjin Municipality on the Administration of Construction Engineering Survey and Design Market drafted by the Municipal Construction Committee shall be abolished at the same time.
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