General situation of public service system of Kunming public resources trading platform;
Kunming Public Resources Trading Supervision and Management Committee Office (hereinafter referred to as "Kunming Public Resources Trading Supervision Office") was originally named Kunming Bidding Supervision and Management Committee Office and was established in April, 20 10. On February 20 12, it was renamed as the office of Kunming Public Resources Trading Supervision and Management Committee.
The office of Kunming Public Resources Trading Supervision and Management Committee is the daily office of Kunming Public Resources Trading Supervision and Management Committee. Mainly responsible for organizing the formulation of local normative documents such as measures, rules and systems for the management of municipal public resources transactions and supervising their implementation; Guide the city's public resources transaction supervision activities; Supervise the relevant industry authorities to perform the supervision function of public resource transactions; Receiving, investigating and handling complaints and reports from public resources; Supervise and manage bid evaluation experts and bidding agencies; Supervise and manage bid bond and integrity bond.
In order to further standardize the local project management laws and regulations, combined with the actual situation of local construction enterprises, the management contents of the Regulations on the Management of Foreign Contracted Projects are formulated. The basic contents include five parts: general rules, qualifications for foreign contracted projects, activities for foreign contracted projects, legal responsibilities and supplementary provisions. Among them, the legal responsibilities of Kunming Bidding Network are as follows:
Twenty-fourth did not obtain the qualification of foreign contracted projects, the competent department of commerce shall order it to make corrections, and impose a fine of more than 500 thousand yuan 1 10 thousand yuan; Illegal income, confiscate the illegal income; Impose a fine of not less than 50,000 yuan but not more than 654.38+10,000 yuan on the principal responsible person.
Twenty-fifth foreign contractors in any of the following circumstances, the competent commercial department shall order them to make corrections, and impose a fine of 6,543,800 yuan but not more than 200,000 yuan, and impose a fine of 6,543,800 yuan and not more than 20,000 yuan on the main person in charge; If it refuses to make corrections, the competent commercial department may prohibit it from undertaking new projects within a period of more than/kloc-0 and less than 3 years; Causing major engineering quality problems, major production safety accidents or other serious consequences, the competent commercial department may revoke its qualification certificate for foreign contracted projects; The engineering construction unit, the competent construction department or other relevant competent departments may lower its qualification grade or revoke its qualification certificate:
(a) the project quality and safety production management rules and regulations have not been established and strictly enforced;
(2) There is no special safety management organization and personnel responsible for protecting the personal and property safety of expatriates, or there is no plan to protect the personal and property safety of expatriates according to the specific conditions of contracted projects and the required funds are implemented;
(3) Failing to conduct safety education and emergency knowledge training for dispatched personnel;
(four) the emergency plan has not been formulated, or an emergency has occurred outside the country and has not been properly handled in time.
Twenty-sixth foreign contractors in any of the following circumstances, the competent commercial department shall order them to make corrections, and impose a fine of 6.5438+0.5 million yuan but not more than 300,000 yuan, and impose a fine of 20,000 yuan but not more than 50,000 yuan on the main person in charge; If it refuses to make corrections, the competent commercial department may prohibit it from undertaking new overseas projects within a period of more than 2 years and less than 5 years; Causing major engineering quality problems, major production safety accidents or other serious consequences, the competent commercial department may revoke its qualification certificate for foreign contracted projects; The engineering construction unit, the competent construction department or other relevant competent departments may lower its qualification grade or revoke its qualification certificate:
(1) contracting projects at unreasonably low prices, colluding in bidding or engaging in commercial bribery;
(2) Failing to sign a special management agreement on engineering quality and safety production with subcontractors, or failing to stipulate their respective responsibilities for engineering quality and safety production management in subcontracts, or failing to conduct unified coordination and management on engineering quality and safety production with subcontractors;
(3) Subcontracting an engineering project to a unit that does not have the corresponding qualifications stipulated by the state, or subcontracting the construction part of an engineering project to a domestic construction enterprise that has not obtained a safety production license according to law; (four) there is no clear agreement in the subcontract that the subcontractor shall not subcontract or subcontract the project.
If a subcontracting unit subcontracts or subcontracts its contracted projects, the competent construction department shall order it to make corrections, and impose a fine on the subcontracting unit and its principal responsible person in accordance with the amount specified in the preceding paragraph; If major engineering quality problems are caused, or production safety accidents above major accidents occur, the competent construction department or other relevant competent departments may lower their qualification level or revoke their qualification certificates.
Twenty-seventh foreign contractors in any of the following circumstances, the competent department of commerce shall order them to correct, and impose a fine of 20 thousand yuan to 50 thousand yuan; Refuses to correct, the main person in charge at more than 5000 yuan to 0000 yuan fine:
(1) Failing to report to the embassy (consulate) of the country where the project is located in time after signing the contract with the overseas project developer;
(2) Failing to report to the embassy (consulate) of China in the country where the project is located and the relevant domestic departments in time when an emergency occurs overseas;
(3) Failing to regularly report the development of foreign contracted projects to the competent commercial authorities, or failing to submit business statistics to relevant departments in accordance with regulations.
Article 28 If a unit that contracts projects abroad recruits expatriates through an intermediary agency that has not obtained a license according to law or has committed a major illegal act, or fails to purchase overseas personal accident insurance for expatriates in accordance with the provisions of these Regulations, or fails to pay a reserve fund in accordance with the provisions, the competent commercial department shall order it to make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 6,543,800 yuan, and impose a fine of not less than 5,000 yuan but not more than 6,543,800 yuan. If it fails to make corrections within the time limit, the competent commercial department may prohibit it from/kloc-0
Without the permission of the the State Council Municipal Department of Commerce, those who engage in intermediary services for expatriates of foreign contracted projects shall be ordered by the the State Council Municipal Department of Commerce to make corrections and be fined between 654.38 million yuan and 200,000 yuan; Illegal income, confiscate the illegal income; Impose a fine of not less than 50,000 yuan but not more than 654.38+10,000 yuan on the principal responsible person.
Article 29 If the staff of the competent commerce department, the competent construction department and other relevant departments abuse their powers, neglect their duties or engage in malpractices for selfish ends in the supervision and management of foreign contracted projects, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.
Zhong Da consulted Bian Xiao to recommend the bidding specifications of relevant construction enterprises: (1) Judicial interpretation of construction contracts and related laws and regulations; (2) Compilation of construction laws and regulations.
General situation of Kunming bidding network:
Address of Kunming Construction Bidding Network: Comprehensive Service Building, Jinxiu Street 1, the municipal administrative center of Chenggong New District, Kunming.
Contact information of Kunming construction bidding network: 087 1-63 147624.
Fax of Kunming Construction Bidding Network: 087 1-63 147624
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