The "Implementation Measures" pointed out that the Ministry of Housing and Urban-Rural Development should adhere to the principles of legality, rationality, due process, administrative efficiency, and the combination of education and punishment when exercising the discretion of administrative punishment for engineering construction. Administrative penalties for engineering construction that should be implemented by the Ministry of Housing and Urban-Rural Development according to law include: administrative penalties for engineering survey and design enterprises, construction enterprises and engineering supervision enterprises whose qualifications are approved by the Ministry of Housing and Urban-Rural Development to suspend business for rectification, lower their qualification level and revoke their qualification certificates; The registered practitioners of engineering construction issued by the Ministry of Housing and Urban-Rural Development shall be given administrative punishment for stopping their practice and revoking their qualification certificates; Other administrative penalties that should be implemented by the Ministry of Housing and Urban-Rural Development.
In addition, the "Implementation Measures" clarify that if a party has one of the following circumstances, it shall be given a lighter or mitigated punishment according to laws and regulations and the "discretionary benchmark":
(a) take the initiative to eliminate or mitigate the harmful consequences of illegal acts;
(2) Being coerced by others to commit illegal acts;
(three) with the administrative organs to investigate and deal with illegal acts;
(four) other lighter or mitigated administrative punishment according to law.
Under any of the following circumstances, the party concerned shall be given a heavier punishment within the corresponding grade of discretion standard according to law. If the circumstances are particularly serious, you can be punished at a higher level:
(a) engineering survey and design enterprises, construction enterprises, engineering supervision enterprises in the construction project quality and safety accidents occurred again within 2 years, and bear the responsibility for the accident;
(2) Engineering survey and design enterprises, construction enterprises and engineering supervision enterprises are responsible for the quality and safety accidents of construction projects, and there are behaviors such as exceeding qualifications, subcontracting (transferring business), illegal subcontracting, linking and leasing qualifications;
(three) registered practitioners are responsible for the quality and safety accidents of construction projects, and the registered units are inconsistent with the actual work units, or sell the rental qualification certificates and other "hanging certificates" behaviors;
(four) engineering survey and design enterprises, construction enterprises, engineering supervision enterprises and registered practitioners have repeatedly committed illegal acts, or refused to correct after being ordered by the relevant competent departments, and continue to carry out illegal acts.
The full text of the "Implementation Measures" is as follows. Please click "Read the original" below to view the discretionary benchmark.
Standardize the measures for the implementation of the discretion of administrative punishment in engineering construction of the Ministry of Housing and Urban-Rural Development
Article 1 These Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Construction Law of People's Republic of China (PRC) and the Implementation Outline for the Construction of a Government under the Rule of Law (20 15-2020) for the purpose of regulating the administrative punishment of the Ministry of Housing and Urban-Rural Development, promoting administration according to law and protecting the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 The term "discretionary power of administrative punishment for engineering construction" as mentioned in these Measures refers to the independent decision-making power enjoyed by the Ministry of Housing and Urban-Rural Development within the scope and range of administrative punishment stipulated by laws and regulations when exercising the statutory administrative punishment power in the field of engineering construction.
The measures referred to in standardizing the discretionary power of administrative punishment for engineering construction refer to the Ministry of Housing and Urban-Rural Development's "Discretion Benchmark of Administrative Punishment for Engineering Construction of the Ministry of Housing and Urban-Rural Development" (hereinafter referred to as "Discretion Benchmark") within the statutory scope of administrative punishment for engineering construction, reasonably dividing different levels of illegal situations according to the severity and consequences of illegal acts, and clarifying the specific standards of administrative punishment.
Article 3 The Ministry of Housing and Urban-Rural Development shall impose administrative punishment in strict accordance with the provisions of laws and regulations if the laws and regulations on engineering construction do not stipulate that the types and extent of administrative punishment can be selected.
Article 4 The Ministry of Housing and Urban-Rural Development shall exercise the discretion of administrative punishment for engineering construction, and shall adhere to the principles of legality, reasonableness, due process, administrative efficiency and the combination of education and punishment.
Article 5 The administrative penalties for engineering construction that should be implemented by the Ministry of Housing and Urban-Rural Development according to law include the following contents:
(a) the Ministry of housing and urban-rural development approved the qualification of engineering survey and design enterprises, construction enterprises, engineering supervision enterprises, given administrative punishment to suspend business for rectification, reduce the level of qualification, revoke the qualification certificate.
(two) the registered practitioners of engineering construction issued by the Ministry of Housing and Urban-Rural Development shall be given administrative punishment to stop practicing and revoke their qualification certificates.
(3) Other administrative penalties that should be imposed by the Ministry of Housing and Urban-Rural Development.
Article 6 When the local housing and urban-rural construction departments at all levels find the illegal acts of engineering construction that need administrative punishment from the Ministry of Housing and Urban-Rural Development, they shall put forward suggestions on administrative punishment according to laws and regulations, these Measures and discretionary benchmarks, and report the suggestions on administrative punishment and relevant evidential materials to the Ministry of Housing and Urban-Rural Development step by step in a timely manner.
When the Ministry of Housing and Urban-Rural Development receives the administrative punishment proposal from the provincial competent department of housing and urban-rural development, or directly discovers the illegal acts of engineering construction that should be given administrative punishment by the Ministry of Housing and Urban-Rural Development, it shall implement administrative punishment in accordance with the types and extent of administrative punishment determined by laws and regulations, these Measures and discretionary benchmarks.
Article 7 The Ministry of Housing and Urban-Rural Development shall impose administrative penalties according to laws and regulations, these Measures and discretionary benchmarks, without affecting the local housing and urban-rural construction authorities to impose other administrative penalties such as fines according to law. According to the law, the Ministry of Housing and Urban-Rural Development shall make administrative punishment, and if it is necessary to impose a fine, the local competent department of housing and urban-rural development shall make administrative punishment of a fine.
Article 8. If the illegal acts of engineering construction lead to quality and safety accidents of construction projects, the Ministry of Housing and Urban-Rural Development shall give administrative punishment, and the competent department of housing and urban-rural construction in the place where the accident occurred shall, within 7 working days after the approval of the accident investigation report, put forward suggestions for administrative punishment to the competent department of housing and urban-rural construction at the next higher level and transfer the evidence materials of the case; The provincial housing and urban-rural construction department shall, after receiving the punishment suggestions submitted by the housing and urban-rural construction department at the next lower level, put forward administrative punishment suggestions to the housing and urban-rural construction department within 7 working days, and transfer the case evidence materials.
Article 9 The Ministry of Housing and Urban-Rural Development may request the local housing and urban-rural construction department to supplement the investigation or directly investigate and collect evidence if it considers that the evidence is insufficient after receiving the administrative punishment suggestions and evidence materials from the provincial housing and urban-rural construction department.
The Ministry of Housing and Urban-Rural Development shall inform the provincial housing and urban-rural construction department of the results in a timely manner after receiving the administrative punishment suggestions from the provincial housing and urban-rural construction department.
Article 10 The Ministry of Housing and Urban-Rural Development shall implement the administrative punishment procedure in accordance with the Notice of the Ministry of Housing and Urban-Rural Development on Printing and Distributing the Working Rules for the Centralized Exercise of Administrative Punishment by the Ministry (Jian Du [2017] No.96).
After the administrative penalty decision is made according to law, it shall be publicized in the column of the service hall of the portal website of the Ministry of Housing and Urban-Rural Development within 7 working days, and recorded in the national construction market supervision service platform.
Article 11 The written decision on administrative punishment shall specify the starting and ending date of the punishment of suspension of business for rectification, and the starting and ending date shall take into account the necessary factors such as document production, delivery and reasonable knowledge, but it shall not exceed 7 working days after the decision on punishment is made.
Where a construction enterprise that has a safety accident is punished by withholding the safety production license, when it is ordered to suspend business for rectification, it shall determine the performance period of suspension of business for rectification after deducting the period of withholding the safety production license.
Article 12 During the period of suspension of business for rectification, enterprises shall not undertake new projects nationwide with the qualification categories used when undertaking illegal projects; Enterprises with comprehensive qualifications in design and supervision shall not undertake new projects of the same category as those used in undertaking illegal projects nationwide.
The scope of punishment for lowering the qualification level and revoking the qualification certificate is the qualification category used by enterprises when undertaking illegal projects.
The scope of punishment for ordering to stop practicing and revoking the qualification certificate is all majors with corresponding qualifications.
Article 13 In any of the following circumstances, a party shall be given a lighter or mitigated punishment according to laws, regulations and discretionary standards:
(a) take the initiative to eliminate or mitigate the harmful consequences of illegal acts;
(2) Being coerced by others to commit illegal acts;
(three) with the administrative organs to investigate and deal with illegal acts;
(four) other lighter or mitigated administrative punishment according to law.
Article 14 If a party has any of the following circumstances, it shall be given a heavier punishment within the corresponding grade of discretion standard according to law. If the circumstances are particularly serious, they may be punished by higher authorities.
(a) engineering survey and design enterprises, construction enterprises, engineering supervision enterprises in the construction project quality and safety accidents occurred again within 2 years, and bear the responsibility for the accident;
(2) Engineering survey and design enterprises, construction enterprises and engineering supervision enterprises are responsible for the quality and safety accidents of construction projects, and there are behaviors such as exceeding qualifications, subcontracting (transferring business), illegal subcontracting, linking and leasing qualifications;
(three) registered practitioners are responsible for the quality and safety accidents of construction projects, and the registered units are inconsistent with the actual work units, or sell the rental qualification certificates and other "hanging certificates" behaviors;
(four) engineering survey and design enterprises, construction enterprises, engineering supervision enterprises and registered practitioners have repeatedly committed illegal acts, or refused to correct after being ordered by the relevant competent departments, and continue to carry out illegal acts.
Article 15 The Ministry of Housing and Urban-Rural Development shall set up an expert committee to standardize the discretionary power of administrative punishment for engineering construction and make suggestions on major administrative punishment for engineering construction.
The Ministry of Housing and Urban-Rural Development timely evaluates the implementation of these measures and the benchmark of discretion, as well as the work of standardizing the discretion of administrative punishment in engineering construction.
Sixteenth local housing and urban-rural construction departments shall, according to their functions and powers, take measures such as ordering to suspend business for rectification, lowering the qualification level, revoking the qualification certificate, stopping practicing and revoking the qualification certificate. , and formulate corresponding benchmarks with reference to these measures and discretionary benchmarks.
Seventeenth investigate and deal with illegal acts of engineering construction in accordance with the law, and find a suspected crime, it shall be promptly transferred to the relevant state organs according to law.
Article 18 These Measures shall come into force as of 20 19 1 1+0. The Implementation Measures of the Ministry of Housing and Urban-Rural Development for Standardizing the Discretion of Administrative Punishment in Construction (Trial) and the Discretion Benchmark of Administrative Punishment in Construction of the Ministry of Housing and Urban-Rural Development (J&F [201] No.6) shall be abolished at the same time. "Measures for the supervision and handling of quality and safety accidents in housing and urban and rural construction and other major emergencies" (J&F [2065438+05] No.37) is inconsistent with the provisions of these measures and the discretionary benchmark, and these measures shall prevail.
(Source: Leju. com)