The Regulation on Qualification Management of Construction Enterprises was discussed and passed at the 1 14 executive meeting of the Ministry of Construction on February 30, 2006, and came into force on September 30, 2007. In order to strengthen the supervision and management of construction activities, safeguard public interests and the order of the construction market, and ensure the quality and safety of construction projects, these Provisions are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Administrative Licensing Law of People's Republic of China (PRC), the Regulations on Quality Management of Construction Projects and the Regulations on Safety Production Management of Construction Projects.
The Regulations on Qualification Management of Construction Enterprises consists of 6 chapters and 40 detailed rules. The following is the full text of the Regulations on Qualification Management of Construction Enterprises:
Order of People's Republic of China (PRC) Ministry of Construction
No. 159
The "Regulations on Qualification Management of Construction Enterprises" has been discussed and passed at the 1 14 executive meeting of the Ministry of Construction on February 30, 2006, and is hereby promulgated and shall come into force as of September 30, 2007.
Minister Wang Guangtao.
Press release issued on 26 June 2007
Provisions on qualification management of construction enterprises
Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of construction activities, safeguard public interests and the order of the construction market, and ensure the quality and safety of construction projects, these Provisions are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Administrative Licensing Law of People's Republic of China (PRC), the Regulations on Quality Management of Construction Projects, the Regulations on Safety Production Management of Construction Projects and other laws and administrative regulations.
Article 2 These Provisions shall apply to the application for the qualification of construction enterprises in People's Republic of China (PRC) and the supervision and administration of the qualification of construction enterprises.
The construction enterprises mentioned in these Provisions refer to enterprises engaged in civil engineering, construction engineering, line and pipeline equipment installation engineering, decoration engineering and other activities.
Article 3 A construction enterprise shall apply for qualification according to its registered capital, professional and technical personnel, technical equipment and completed construction performance. After passing the examination and obtaining the qualification certificate of construction enterprises, they can engage in construction activities within the scope of qualification permission.
Article 4 The competent construction department of the State Council shall be responsible for the unified supervision and management of the qualifications of construction enterprises throughout the country. The State Council railway, transportation, water conservancy, information industry, civil aviation and other relevant departments cooperate with the State Council construction authorities to implement the qualification management of construction enterprises in relevant qualification categories.
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 unified supervision and management of the qualifications of construction enterprises within their respective administrative areas. The relevant departments of transportation, water conservancy and information industry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall cooperate with the competent construction departments at the same level to implement qualification management for construction enterprises with relevant qualification categories within their respective administrative areas.
Chapter II Qualification Order, Category and Grade
Article 5 The qualifications of construction enterprises are divided into three sequences: general construction contracting, professional contracting and labor subcontracting.
Article 6 Enterprises that have obtained the qualification of general construction contracting (hereinafter referred to as general construction contracting enterprises) may undertake general construction contracting projects. Construction general contracting enterprises can undertake all professional engineering construction within the construction general contracting project by themselves, and can also subcontract professional engineering or labor services to professional contracting enterprises or labor subcontracting enterprises with corresponding qualifications according to law.
Enterprises with professional contracting qualifications (hereinafter referred to as professional contracting enterprises) can undertake professional projects subcontracted by construction general contracting enterprises and professional projects contracted by construction units according to law. Professional contracting enterprises can undertake all professional projects by themselves, or they can subcontract labor services to labor subcontracting enterprises with corresponding qualifications according to law.
Enterprises that have obtained the qualification of labor subcontracting (hereinafter referred to as labor subcontracting enterprises) may undertake the labor operations subcontracted by construction general contracting enterprises or professional contracting enterprises.
Article 7 The qualification sequence of construction general contracting, professional contracting and labor subcontracting shall be divided into several qualification categories according to the nature and technical characteristics of the project. Each qualification category is divided into several qualification grades according to the specified conditions.
Article 8 The qualification grade standards of construction enterprises and the specific scope of undertaking projects by enterprises with different qualifications shall be formulated by the competent construction department of the State Council in conjunction with the relevant departments of the State Council.
Chapter III Qualification Permission
Article 9 The qualification license of the following construction enterprises shall be implemented by the competent construction department of the State Council:
(a) the special qualification and first-class qualification of the construction general contracting sequence;
(two) the second-level qualification and third-level qualification of construction general contracting of enterprises directly supervised by the state-owned assets management department of the State Council and their subordinate enterprises;
(three) the first-class qualification of professional contracting sequence in water conservancy, transportation and information industry;
(four) the first-class and second-class qualifications of railway and civil aviation professional contracting sequence;
(five) the professional contracting of highway traffic engineering is not graded, and the professional contracting of urban rail transit is not graded.
To apply for the qualifications listed in the preceding paragraph, an application shall be submitted to the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government where the enterprise is located in industrial and commercial registration. Among them, the enterprises directly supervised by the state-owned assets management department of the State Council and their subordinate enterprises shall be applied by the state-owned assets management department of the State Council to the competent construction 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 shall complete the preliminary examination within 20 days from the date of accepting the application, and report the preliminary examination opinions and application materials to the competent construction department of the State Council.
The construction administrative department of the State Council shall complete the examination within 60 days from the date when the construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government accepts the application materials, and publicize the examination opinions 10. Among them, the qualifications of construction enterprises involve railways, transportation, water conservancy, information industry and civil aviation. The competent construction department of the State Council shall send it to the relevant departments of the State Council for review, and the relevant departments of the State Council shall complete the review within 20 days, and send the review opinions to the competent construction department of the State Council.
Article 10 The following qualification licenses for construction enterprises shall be implemented by the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the enterprises are located in industrial and commercial registration:
(a) the second-level qualification of construction general contracting sequence (excluding the second-level qualification of construction general contracting sequence of enterprises directly supervised by the state-owned assets management department of the State Council and its subordinate enterprises);
(two) the first-class qualification of professional contracting sequence (excluding the first-class qualification of railway, transportation, water conservancy, information industry and civil aviation);
(3) Secondary qualification of professional contracting sequence (excluding secondary qualification of civil aviation and railway professional contracting sequence);
(four) professional contracting sequence regardless of qualification level (excluding highway traffic engineering professional contracting sequence and urban rail transit professional contracting sequence regardless of qualification level).
The implementation procedures of the qualification license for construction enterprises specified in the preceding paragraph 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.
Eleventh the following construction enterprise qualification license shall be implemented by the competent construction department of the Municipal People's government where the enterprise is registered for industry and commerce:
(1) Level III qualification of construction general contracting sequence (excluding Level III qualification of construction general contracting of enterprises directly supervised by the State Council state-owned assets management department and its subordinate enterprises);
(two) professional contracting sequence level 3 qualification;
(3) Qualification of subcontracting order;
(four) gas burning appliances installation and maintenance enterprise qualification.
The implementation procedures of the qualification license for construction enterprises specified in the preceding paragraph 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 department of the Municipal People's Government where the enterprise is registered for industry and commerce shall, within 30 days from the date of making the decision, transmit the decision on granting the qualification license to the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government, and report it to the competent construction department of the State Council for the record.
Twelfth construction enterprise qualification certificates are divided into originals and copies, one original and several copies, which are uniformly printed by the competent construction department of the State Council, and the originals and copies have the same legal effect. The qualification certificate is valid for 5 years.
Thirteenth construction enterprises can apply for one or more qualifications of construction enterprises; To apply for multiple qualifications of a construction enterprise, the one with the highest level shall be selected as the main qualification of the enterprise.
Fourteenth for the first time to apply for the qualification of construction enterprises or to increase the qualification items, the following materials shall be submitted:
(a) the application form for the qualification of construction enterprises and the corresponding electronic documents;
(2) A copy of the business license of the enterprise as a legal person;
(3) Articles of association of the enterprise;
(four) the identity certificate, professional title certificate, post documents and relevant qualification standards of the person in charge of the enterprise and the person in charge of technology and finance;
(five) the identity certificate and registered practice certificate of the registered employees listed in the application form for the qualification of construction enterprises;
(six) the professional title certificate, identity certificate and endowment insurance certificate of unregistered professional and technical personnel required by the qualification standards of construction enterprises;
(seven) the professional title certificate, identity certificate and endowment insurance certificate of special professional and technical personnel required by some qualification standards;
(eight) the corresponding certificates of enterprise equipment and factory buildings required by the qualification standards of construction enterprises;
(nine) materials related to the safety production conditions of construction enterprises;
(ten) other relevant materials required by the qualification standards.
Fifteenth construction enterprises to apply for qualification upgrading, shall submit the following materials:
(1) Information listed in Items (1), (2), (4), (5), (6), (8) and (10) of Article 14 of these Provisions;
(2) A copy of the original qualification certificate of the enterprise;
(3) Annual financial statistics of the enterprise;
(four) a copy of the enterprise safety production license;
(five) the relevant certification materials that meet the requirements of the qualification standards.
Article 16 Where an enterprise needs to extend the validity period of its qualification certificate upon the expiration of its qualification period, it shall apply for qualification renewal 60 days before the expiration of its qualification certificate.
For enterprises that abide by relevant laws, regulations, rules and technical standards within the validity period of qualification, have no record of bad behavior in credit files, and their registered capital and professional and technical personnel meet the requirements of qualification standards, the validity period will be extended for 5 years with the consent of the qualification licensing authority.
Article 17 If the name, address, registered capital and legal representative of a construction enterprise change within the validity period of the qualification certificate, it shall go through the formalities for changing the qualification certificate within 30 days after going through the formalities for changing it in the industrial and commercial department.
If the qualification certificate of a construction enterprise issued by the competent department of construction in the State Council involves the change of enterprise name, it shall apply to the competent department of construction of the people's government of the province, autonomous region or municipality directly under the Central Government where the enterprise is registered for industry and commerce. The competent department of construction of the provincial people's government and the people's government of the autonomous region or municipality directly under the Central Government shall submit the relevant certification materials of change to the competent department of construction in the State Council within 2 days from the date of accepting the application, and the competent department of construction in the State Council shall go through the formalities of change within 2 days.
The procedures for changing the qualification certificate other than those specified in the preceding paragraph shall be handled by the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government where the enterprise is located or the competent construction department of the municipal people's government with districts. The competent department of construction of the people's government of a province, autonomous region or municipality directly under the Central Government or the competent department of construction of the people's government of a city divided into districts shall go through the formalities of change within 2 days from the date of accepting the application, and report the change result to the competent department of construction of the State Council for the record within 15 days after going through the formalities of changing the qualification certificate. Where the qualification certificates of construction enterprises in railway, transportation, water conservancy, information industry, civil aviation and other industries change, the competent construction department that handles the change formalities shall inform the relevant departments at the same level of the change of enterprise qualifications.
Article 18 To apply for the change of qualification certificate, the following materials shall be submitted:
(1) Application for change of qualification certificate;
(2) A copy of the business license of the enterprise as a legal person;
(three) the original and photocopy of the qualification certificate of the construction enterprise;
(four) certification materials related to the qualification change.
Where an enterprise is restructured, in addition to the information specified in the preceding paragraph, it shall also provide the restructuring plan, the approval decision of the superior asset management department or the shareholders' meeting, and the resolution of the enterprise workers' congress agreeing to the restructuring.
Nineteenth enterprises to apply for the first time, to apply for the qualification of construction enterprises, not to assess the engineering performance of enterprises, the qualification level is approved according to the minimum qualification level.
If an enterprise that has obtained the qualification of engineering design applies for the qualification of the same or similar construction enterprise for the first time, it can declare the performance of the general contracting of the corresponding scale as the engineering performance, but the highest level of the application qualification shall not exceed its existing engineering design qualification level.
Article 20 Where enterprises are merged, the construction enterprises that survive or are newly established after the merger may inherit the higher qualification grade among the parties before the merger, but they shall meet the corresponding qualification grade conditions.
Where an enterprise is divided, the qualification grade of the enterprise after the division shall be verified according to the actual qualification conditions and the examination and approval procedures of these Provisions.
Enterprise restructuring, which no longer meets the qualification standards after restructuring, shall apply for re-approval in accordance with the actual qualification standards and these Provisions; If the qualification conditions do not change, it shall be handled in accordance with the provisions of Article 18.
Article 21 Where an enterprise that has obtained the qualification of a construction enterprise applies for qualification upgrading or qualification addition, the qualification licensing authority shall not approve its application for qualification upgrading or qualification addition within one year before the application date:
(1) Exceeding the qualification level of the enterprise or undertaking projects in the name of other enterprises, or allowing other enterprises or individuals to undertake projects in the name of the enterprise;
(two) colluding with the construction unit or enterprise in bidding, or winning the bid by bribery or other improper means;
(three) without obtaining a construction permit for construction;
(4) Subcontracting the contracted project or subcontracting it illegally;
(five) in violation of the national mandatory standards for engineering construction;
(six) there have been major production safety accidents or more than two general production safety accidents;
(seven) malicious arrears of wages of subcontracting enterprises or migrant workers;
(eight) concealing or misrepresenting, delaying the report of engineering quality and safety accidents or destroying the scene of the accident, hindering the investigation of the accident;
(nine) in accordance with the provisions of national laws, regulations and standards, the operators of technical jobs who need to hold certificates have not obtained certificates, and the circumstances are serious;
(10) Failing to perform the warranty obligations of engineering quality according to law or delaying the performance of the warranty obligations, resulting in serious consequences;
(eleven) alter, resell, lease, lend or illegally transfer the qualification certificate of construction enterprises in other forms;
(twelve) other acts in violation of laws and regulations.
Article 22 When an enterprise receives a new qualification certificate for a construction enterprise, it shall return the original qualification certificate to the original issuing authority for cancellation.
If an enterprise needs to supplement (including adding, replacing or losing the qualification certificate of a construction enterprise), it shall submit an application to the qualification licensing authority with the application for supplementary qualification certificate and other materials. If the qualification certificate is lost, a statement of loss shall be published in the public media before applying for a replacement. The qualification licensing organ shall complete the formalities within 2 days.
Chapter IV Supervision and Administration
Twenty-third people's governments at or above the county level construction departments and other relevant departments shall, in accordance with the relevant laws, regulations and these Provisions, strengthen the supervision and management of the qualification of construction enterprises.
The competent construction department at a higher level shall strengthen the supervision and inspection of the qualification management of the competent construction department at a lower level, and promptly correct the illegal acts in the qualification management.
Twenty-fourth construction departments and other relevant departments 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 the construction enterprise, the registered practice certificate of the registered practitioners, the documents related to the construction business, and the documents related to the internal management system of the enterprise such as quality management, safety production management, file management and financial management;
(two) to enter the inspected unit for inspection and access to relevant information;
(three) to correct violations of relevant laws and regulations and these Provisions as well as relevant norms and standards.
When the competent department of construction and other relevant departments conduct supervision and inspection on the activities of enterprises engaged in administrative licensing matters according to law, they shall record the supervision and inspection and the handling results, and file them after being signed by the supervision and inspection personnel.
Twenty-fifth construction departments and other relevant departments shall have two or more supervision and inspection personnel to participate in the supervision and inspection, and show their law enforcement certificates, and shall not interfere with the normal production and business activities of enterprises, and shall not ask for or accept the property of enterprises, or 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.
The supervision and inspection organ shall announce the results of supervision and inspection to the public.
Article 26 Where a construction enterprise engages in construction activities illegally, the competent construction department of the local people's government at or above the county level or other relevant departments in the place where the illegal act occurred shall investigate and deal with it according to law, and promptly inform the qualification licensing organ of the construction enterprise of the illegal facts, treatment results or treatment suggestions.
Article 27 If an enterprise no longer meets the corresponding qualification conditions after obtaining the qualification of a construction enterprise, the competent construction department and other relevant departments may order it to make corrections within a time limit at the request of interested parties or ex officio; If no change is made within the time limit, the qualification licensing organ may revoke its qualification. An enterprise whose qualification as a construction enterprise has been revoked may apply to the qualification licensing authority for re-examination of its qualification according to its actual qualification standards.
Article 28 Under any of the following circumstances, the qualification licensing organ or its superior organ may revoke the qualification of a construction enterprise at the request of an interested party or ex officio:
(a) the staff of the qualification licensing authority abuses their powers and neglects their duties to issue qualification licenses to construction enterprises;
(two) beyond the statutory authority granted to the construction enterprise qualification license;
(three) in violation of legal procedures, the construction enterprise qualification license is granted;
(four) the applicant who does not meet the licensing conditions is granted the qualification license of the construction enterprise;
(five) other circumstances in which the qualification certificate can be revoked according to law.
Whoever obtains the qualification certificate of a construction enterprise by cheating, bribery or other improper means shall be revoked.
Twenty-ninth in any of the following circumstances, the qualification licensing organ shall cancel the qualification of the construction enterprise according to law, and declare its qualification certificate invalid, and the construction enterprise shall promptly return the qualification certificate to the qualification licensing organ:
(a) the expiration of the validity period of the qualification certificate, did not apply for renewal according to law;
(2) The construction enterprise is terminated according to law.
(3) The qualification of a construction enterprise has been revoked, withdrawn or revoked according to law;
(4) Other circumstances in which the qualification shall be disqualified according to laws and regulations.
Thirtieth the relevant departments shall promptly inform the qualification licensing authority of the supervision and inspection and handling opinions. The qualification licensing organ shall notify the relevant departments at the same level of the withdrawal, revocation and cancellation of the qualifications of railway, transportation, water conservancy, information industry and civil aviation-related construction enterprises.
Thirty-first enterprises shall, in accordance with the relevant provisions, provide the qualification licensing authority with true, accurate and complete enterprise credit file information.
The enterprise credit file shall include the basic information, performance, project quality and safety, contract performance, etc. Complaints and handling, administrative punishment, etc. It should be recorded in its credit file as a bad behavior.
Enterprise credit file information shall be publicized to the public in accordance with relevant regulations.
Chapter V Legal Liability
Article 32 Where an applicant conceals relevant information or provides false materials to apply for the qualification of a construction enterprise, it shall not be accepted or given an administrative license, and shall be given a warning. The applicant shall not apply for the qualification of construction enterprise again within 1 year.
Thirty-third whoever obtains the qualification certificate of a construction enterprise by cheating, bribery or other improper means shall be given a warning by the competent construction department or the relevant department of the local people's government at or above the county level and fined according to law. The applicant shall not apply for the qualification of construction enterprise again within three years.
Thirty-fourth construction enterprises have one of the acts listed in Article 21 of these Provisions, and the punishment organs and methods shall be implemented in accordance with the provisions of the People's Republic of China (PRC) Construction Law, the Regulations on the Quality Management of Construction Projects and other relevant laws and regulations. Where there are no provisions in laws and regulations, the competent construction department of the local people's government at or above the county level or other relevant departments shall give a warning, order it to make corrections, and impose a fine of 10000 yuan to 30000 yuan.
Article 35 Where a construction enterprise fails to go through the formalities for changing its qualification certificate in time in accordance with these Provisions, the competent construction department of the local people's government at or above the county level shall order it to do so within a time limit; If no correction is made within the time limit, a fine ranging from 1000 yuan to 1000 yuan may be imposed.
Article 36 If a construction enterprise fails to provide the credit file information of the construction enterprise in accordance with the requirements of these Provisions, the competent construction department of the local people's government at or above the county level or other relevant departments shall give a warning and order it to make corrections within a time limit; If no correction is made within the time limit, a fine ranging from 1000 yuan to 1000 yuan may be imposed.
Article 37 Where the construction administrative department of the local people's government at or above the county level imposes administrative punishment on the construction enterprise according to law, it shall report the decision on administrative punishment and the facts, reasons and basis for the administrative punishment to the construction administrative department of the State Council for the record.
Thirty-eighth construction departments and their staff in violation of these provisions, one of the following circumstances, shall be ordered by their superior administrative organs or supervisory organs to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law:
(a) the applicant who does not meet the requirements is granted the qualification license of the construction enterprise;
(2) Failing to grant the qualification license to the qualified applicant or not making a decision within the statutory time limit;
(3) Refusing to accept the qualified application or failing to complete the preliminary examination within the statutory time limit;
(4) taking advantage of his position to accept property or other benefits from others;
(five) failing to perform the duties of supervision and management according to law or failing to supervise effectively, resulting in serious consequences.
Chapter VI Supplementary Provisions
Thirty-ninth enterprises that have obtained the qualification certificate of construction enterprises can engage in the general contracting business of construction projects with the qualification license of the corresponding level, and can engage in project management and related technical and management services.
Fortieth these Provisions shall come into force as of September 2007. On April 8, 2000 18, the Regulations on Qualification Management of Construction Enterprises promulgated by the Ministry of Construction (Decree No.87 of the Ministry of Construction) was abolished at the same time.
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