Provisions of Shanghai Municipality on the Administration of Submitting Construction Project Contract Information
Article 1 In order to standardize the contracting activities of construction projects in this Municipality and maintain the order of the construction market, these Provisions are formulated in accordance with the relevant provisions of the Regulations of Shanghai Municipality on the Administration of Construction Market.
Article 2 The contract information submission system shall be implemented for construction projects with an investment of more than 654.38 million yuan within the administrative area of this Municipality. Construction projects with an investment of 1 10,000 yuan can be implemented with reference.
Construction project contract refers to survey, design, construction, supervision, project management, bidding agency, cost consultation, engineering inspection and various integration, professional subcontracting and labor subcontracting contracts.
Article 3 Shanghai Urban and Rural Construction and Management Committee (hereinafter referred to as "the Municipal Construction Committee") shall be responsible for the supervision and management of the submission of contract information for construction projects in this Municipality. The Municipal Construction Management Committee Administrative Service Center, the Municipal Building Materials Market Management Station and the Municipal Construction Project Safety and Quality Supervision Station are responsible for the specific supervision and management of the relevant construction project contract information submission according to the division of responsibilities.
The district and county construction administrative departments and the administrative committees of specific areas shall be responsible for the supervision and management of the construction project contract information submitted within their respective jurisdictions.
Traffic, water, greening, housing management, civil defense and other professional management departments are responsible for the supervision and management of the corresponding construction project contract information submitted.
Article 4 The survey, design, supervision and construction contracts of this Municipality shall be subject to the procedures of bidding or direct contracting according to law, and the materials shall be submitted before applying for the construction permit.
Before the subcontracting information is submitted, the general contractor shall complete the information submission. Direct signing procedure and contract information submission merge.
Fifth construction contract information should be submitted online. The employer and the contractor shall be responsible for the authenticity and accuracy of the information submitted in the contract.
Construction administrative departments and other relevant departments shall conduct spot checks on the submitted construction project contracts, and if it is found that the contents of the contracts violate the provisions of laws, regulations and rules, it shall promptly request the parties to the contracts to correct them and deal with them according to law.
Article 6 Within 30 days after the signing of the contract, the employer or contractor, the client or the client of this Municipality shall use the digital certificate of this unit to log in to the "Portal of Shanghai Urban and Rural Construction and Management Committee-Online Service Hall-Construction Project Contract Information Reporting System" and fill in the "Construction Project Contract Information Form". After both parties confirm the contract submission information online and digitally sign it, the contract information will be submitted. If there are two or more contract owners, contractors, consignors or consignees, the units involved shall confirm the information submitted in the contract and sign it digitally.
Contract submission information mainly includes: contract type, contractor name, contract method, contract content, settlement method, contract price, project leader, contract start and end date, signing date, digital signature string, etc.
After the employer or contractor, the client or the client submits the contract information, it shall promptly urge the other party to confirm the contract submission information online.
Article 7 If the information submitted in the completed contract is wrong or the contents submitted in the original contract need to be modified or changed, after signing the supplementary agreement, the employer or the contractor's employer shall, within 15 days from the date of discovery, go through the modification or change formalities with the construction management department where the project is located with the application for modification or change of the contract information, the copy of the contract and the supplementary agreement.
The change of the project leader in the submitted contract is not regarded as the content of the contract change, and shall be implemented in accordance with the relevant provisions on personnel change.
Article 8 The completed and completed contract data submitted by the construction project contract of this Municipality can be used as the performance basis for enterprise qualification declaration. Construction enterprises in this Municipality may directly apply for performance verification without submitting materials for contracts to undertake projects in other provinces and cities. Performance verification methods shall be formulated separately.
Article 9 This Municipality encourages construction units to entrust units with corresponding qualifications to implement project management according to law.
Article 10 Urban Construction Management Committee * * * enjoys the corresponding contract submission information for district and county construction management departments, professional management departments and specific regional management committees.
Construction management departments at all levels shall use the construction contract to submit information in the qualification management, project bidding and on-site quality and safety supervision of construction enterprises in this Municipality.
Eleventh construction management departments and professional management departments at all levels should strengthen the supervision and inspection of the information submitted by the construction project contract. If it is found that the contract information is not submitted as required, it shall be ordered to make corrections within fifteen days from the date of discovery; If no correction is made within the time limit, a fine of 1000 yuan but not more than 5,000 yuan shall be imposed in accordance with the relevant provisions of the state and this Municipality, and it shall be recorded in the enterprise integrity manual.
Article 12 These Provisions shall be valid from July 20 15 to June 30, 2020. As of the date of implementation of these Provisions, the original Regulations of Shanghai Municipality on the Administration of Construction Project Contract Filing shall be abolished.
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