Management system of engineering supervision enterprises

Provisions on Qualification Management of Engineering Supervision Enterprises Chapter I General Provisions Article 1 In order to strengthen the qualification management of engineering supervision enterprises, standardize the supervision activities of construction projects and maintain the order of the construction market, 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) and the Regulations on Quality Management of Construction Projects. Article 2 These Provisions shall apply to those who engage in construction project supervision activities in People's Republic of China (PRC), apply for the qualification of engineering supervision enterprises, and supervise and manage the qualification of engineering supervision enterprises. Article 3 Enterprises engaged in construction project supervision activities shall obtain the qualification of engineering supervision enterprises in accordance with these Provisions, and engage in engineering supervision activities within the scope permitted by the Qualification Certificate of Engineering Supervision Enterprises (hereinafter referred to as the Qualification Certificate). Article 4 The competent construction department of the State Council shall be responsible for the unified supervision and management of the qualifications of national engineering supervision enterprises. The State Council railway, transportation, water conservancy, information industry, civil aviation and other relevant departments cooperate with the State Council construction administrative department to supervise and manage the qualifications of engineering supervision 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 engineering supervision enterprises within their respective administrative areas. The relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, such as transportation, water conservancy and information industry, shall cooperate with the competent construction departments at the same level to supervise and manage the qualifications of engineering supervision enterprises with corresponding qualifications. Fifth engineering supervision industry organizations should strengthen the self-discipline management of engineering supervision industry. Encourage engineering supervision enterprises to join engineering supervision industry organizations. Chapter II Qualification Levels and Business Scope Article 6 The qualifications of engineering supervision enterprises are divided into comprehensive qualifications, professional qualifications and firm qualifications. Among them, professional qualifications are divided into several engineering categories according to the nature and technical characteristics of the project. Comprehensive qualification, firm qualification regardless of level. Vocational qualifications are divided into Grade A and Grade B; Among them, the professional qualifications of building construction, water conservancy and hydropower, highways, municipal utilities, etc. can be set as Grade C. Article 7 The qualification grade standards of engineering supervision enterprises are as follows: (1) The comprehensive qualification standard is 1, with independent legal person qualification and registered capital of not less than 6 million yuan. 2. The technical person in charge of the enterprise shall be a registered supervision engineer with 15 years of engineering construction experience or senior engineering technical title. 3, with more than 5 engineering categories of professional engineering supervision qualification. 4. There shall be no less than 60 registered supervision engineers, no less than 5 registered cost engineers, and no less than 15 registered builders, first-class registered architects, first-class registered structural engineers or other survey and design engineers. 5, the enterprise has a sound organizational structure and quality management system, a sound technology, archives and other management systems. 6, the enterprise has the necessary engineering test equipment. 7. There is no act prohibited by Article 16 of these Provisions within one year before the date of applying for the qualification of project supervision. 8. There are no major quality accidents caused by the supervision responsibility of the enterprise within one year before the date of applying for the qualification of engineering supervision. 9. There is no major safety accident of engineering construction above Grade III or safety accident of engineering construction above Grade II within one year before the date of applying for the qualification of engineering supervision. (2) The professional qualification standard is 1, and Grade A (1) has the qualification of an independent legal person with a registered capital of not less than 3 million yuan. (2) The technical person in charge of the enterprise shall be a registered supervision engineer with 15 years of engineering construction experience or senior engineering technical title. (3) The total number of registered supervision engineers, registered cost engineers, first-class registered construction engineers, first-class registered architects, first-class registered structural engineers or other registered survey and design engineers shall not be less than 25; Among them, the number of registered supervision engineers in the corresponding specialty is not less than the number required in the List of Registered Supervision Engineers with Professional Qualification (attached table 1), and the number of registered cost engineers is not less than 2. (4) In the past two years, the enterprise has independently supervised more than three secondary engineering projects with corresponding majors, except for enterprises with Grade A design qualification or Grade I and above construction general contracting qualification applying for Grade A qualification of this professional engineering category. (five) the enterprise has a sound organizational structure and quality management system, and a sound technology and file management system. (6) The enterprise has necessary engineering test and testing equipment. (seven) there is no behavior prohibited by the provisions of article sixteenth within one year before the date of applying for the qualification of project supervision. (8) There are no major quality accidents caused by enterprise supervision responsibility within one year before the application for project supervision qualification. (nine) no major safety accidents or two safety accidents of engineering construction above grade three occurred within one year before the date of applying for the qualification of engineering supervision. 2. Class B (1) has an independent legal personality with a registered capital of not less than 1 10,000 yuan. (2) The technical director of the enterprise shall be a registered supervision engineer with 10 years of engineering construction experience. (3) The total number of registered supervision engineers, registered cost engineers, first-class registered builders, first-class registered architects, first-class registered structural engineers or other registered survey and design engineers shall not be less than 15. Among them, the number of registered supervision engineers in the corresponding specialty shall not be less than the number required in the List of Registered Supervision Engineers with Professional Qualifications (attached table 1), and the number of registered cost engineers shall not be less than 1. (4) There is a relatively perfect organization and quality management system, and there are management systems such as technology and archives. (5) Necessary engineering test and testing equipment. (six) there is no behavior prohibited by Article sixteenth of these Provisions within one year before the date of applying for the qualification of project supervision. (7) There are no major quality accidents caused by enterprise supervision responsibility within one year before the application for project supervision qualification. (8) Within one year before the date of applying for the qualification of engineering supervision, there were no major engineering construction safety accidents above Grade III or two engineering construction safety accidents above Grade IV caused by the supervision responsibility of this enterprise. 3. Class C (1) has an independent legal personality with a registered capital of not less than 500,000 yuan. (2) The technical director of the enterprise should be a registered supervision engineer with more than 8 years of engineering construction experience. (3) The number of registered supervision engineers in corresponding disciplines shall not be less than the number required in the List of Registered Supervision Engineers with Professional Qualifications (attached table 1). (4) the necessary quality management system and rules and regulations. (5) Necessary engineering test and testing equipment. (3) The qualification standard of the firm is 1. Obtain the business license of the partnership enterprise and have a written cooperation agreement. 2. There are more than 3 registered supervision engineers among the partners, all of whom have more than 5 years experience in construction project supervision. 3. Have a fixed workplace. 4. Necessary quality management systems and rules and regulations. 5, it is necessary to engineering testing equipment. Article 8 The business scope permitted by the qualification of engineering supervision enterprises is as follows: (1) Comprehensive qualification can undertake the engineering supervision business of all professional engineering construction projects. (2) Professional qualification 1. Professional Grade A qualification can undertake the engineering supervision business of construction projects of corresponding professional engineering categories (see Table 2). 2. Professional Grade B qualification: it can undertake the engineering supervision business of construction projects below Grade II (including Grade II) of the corresponding professional engineering category (see Table 2). 3. Professional Grade C qualification: it can undertake the three-level construction project supervision business of the corresponding professional engineering category (see Table 2). (three) the qualification of the firm can undertake the engineering supervision business of three-level construction projects (see Table 2), except for the projects that must be subject to compulsory supervision as stipulated by the state. Engineering supervision enterprises can provide services such as project management and technical consultation for corresponding types of construction projects. Chapter III Qualification Application and Examination and Approval Article 9 Anyone who applies for comprehensive qualification or professional Grade A qualification shall apply 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 in industrial and commercial registration is located. 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 competent construction department of the State Council shall complete the examination within 60 days from the date when the competent construction department of the people's government of the autonomous region or municipality directly under the Central Government accepts the application materials, and publicize the examination opinions 10. Among them, it involves the professional engineering supervision qualifications of railways, transportation, water conservancy, communications, civil aviation and so on. It shall be submitted by the competent construction department of the State Council to the relevant departments of the State Council for review. The relevant departments of the State Council shall complete the audit within 20 days, and report the audit opinions to the competent construction department of the State Council. The competent department of construction in the State Council shall approve it according to the preliminary examination opinions. Article 10 Professional Grade B and Grade C qualifications and firm qualifications shall be examined and approved by the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the enterprise is located. Professional Grade B and Grade C qualification and firm qualification license. The implementation procedures for continuation 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 10 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 engineering supervision enterprise qualification certificate is divided into original and copy, each set of qualification certificate includes one original and four copies. The original and the copy have the same legal effect. The validity period of the qualification certificate of the engineering supervision enterprise is 5 years. The qualification certificate of engineering supervision enterprise shall be uniformly printed and distributed by the competent construction department of the State Council. Article 12 To apply for the qualification of a project supervision enterprise, the following materials shall be submitted: (1) an application form for the qualification of a project supervision enterprise (in triplicate) and the corresponding electronic documents; (2) Business licenses of enterprise legal persons and partnership enterprises; (3) Articles of association or partnership agreement; (four) the identity certificate, work resume and employment (employment) documents of the legal representative, the person in charge of the enterprise and the technical person in charge; (five) the registered practice certificates of registered supervision engineers and other registered practitioners listed in the application form for the qualification of engineering supervision enterprises; (six) certification materials related to the enterprise quality management system, technology and file management system; (seven) the relevant engineering test equipment certification materials. Where an enterprise that has obtained professional qualification applies for promotion of professional qualification level or an enterprise that has obtained professional Grade A qualification applies for comprehensive qualification, in addition to the materials specified in the preceding paragraph, it shall also submit the original and photocopy of the engineering supervision enterprise qualification certificate, enterprise supervision business manual and supervision contract, supervision plan, project completion acceptance report and supervision work summary that have been completed in the past two years. Thirteenth qualification expires, the project supervision enterprise needs to continue to engage in project supervision activities, it should be 60 days before the expiration of the qualification certificate, to the original qualification licensing authority to apply for renewal procedures. Enterprises that abide by relevant laws, regulations, rules and technical standards within the validity period of qualification, have no bad records in credit files, and professional and technical personnel meet the requirements of qualification standards, and the validity period is extended for 5 years with the consent of the qualification licensing authority. Article 14 If an engineering supervision enterprise changes its name, address, registered capital and legal representative within the validity period of the qualification certificate, it shall go through the formalities for the change of the qualification certificate within 30 days after going through the formalities for the change in the administrative department for industry and commerce. The comprehensive qualification and professional Grade A qualification certificate involve the change of enterprise name, which shall be handled by the competent construction department of the State Council, and the change formalities shall be handled within 3 days from the date of accepting the application. The procedures for changing qualification certificates other than those specified in the preceding paragraph shall be handled by the competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall go through the formalities of change within 3 days from the date of accepting the application, and report the change results to the competent construction departments of the State Council for the record within 15 days after going through the formalities of changing the qualification certificate. Article 15 To apply for the change of qualification certificate, the following materials shall be submitted: (1) An application report for the change of qualification certificate; (2) The original business license of the enterprise as a legal person; (three) the original and photocopy of the qualification certificate of the engineering supervision enterprise. Where an engineering supervision enterprise is restructured, in addition to the materials specified in the preceding paragraph, it shall also submit the resolution of the workers' congress or shareholders' meeting on the enterprise restructuring or equity change, and the approval document of the superior competent department of the enterprise on the application for restructuring. Sixteenth engineering supervision enterprises shall not have the following acts: (1) colluding with the construction unit or colluding with other engineering supervision enterprises to win the bid by bribery; (two) colluding with the construction unit or the construction unit to reduce the quality of the project; (three) unqualified construction projects, building materials, building components and equipment in accordance with the qualified signature; (four) beyond the qualification level of the enterprise or in the name of other enterprises to undertake supervision business; (five) allow other units or individuals to undertake projects in the name of the enterprise; (6) Subcontracting the contracted supervision business; (seven) the implementation of commercial bribery in the process of supervision; (eight) alter, forge, lend or transfer the qualification certificate of the project supervision enterprise; (nine) other acts in violation of laws and regulations. Seventeenth engineering supervision enterprises merger, the existing or newly established engineering supervision enterprises after the merger can inherit the higher qualification level of the parties before the merger, but it should meet the corresponding qualification level conditions. Where an engineering supervision 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 stipulated in these Provisions. Eighteenth enterprises need to supplement the qualification certificate of engineering supervision enterprises (including additions, additions and losses), and shall apply to the qualification licensing authority with the Application for Supplementary Qualification Certificate and electronic documents. 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 handle it within 3 days from the date of accepting the application. Chapter IV Supervision and Management Article 19 The competent construction departments and other relevant departments of the people's governments at or above the county level shall strengthen the supervision and management of the qualifications of engineering supervision enterprises in accordance with relevant laws, regulations and these Provisions. Article 20 When performing the duties of supervision and inspection, the competent construction department has the right to take the following measures: (1) Require the inspected unit to provide the qualification certificate of the engineering supervision enterprise, the registered practice certificate of the registered supervision engineer, the relevant documents of the engineering supervision business and the relevant documents of the internal management system of the enterprise such as quality management, safety production management and file 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. Article 21 When conducting supervision and inspection, the competent department of construction shall have two or more supervisors and inspectors, and show their law enforcement certificates. They shall not interfere with the normal business activities of the inspected units, and shall not ask for or accept property 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 22 If an engineering supervision enterprise engages in engineering supervision activities illegally, the competent construction department of the local people's government at or above the county level where the illegal act occurred shall investigate and deal with it according to law, and report the illegal facts, treatment results or treatment suggestions to the licensing organ of the engineering supervision enterprise in time. Twenty-third engineering supervision enterprises no longer meet the corresponding qualification conditions after obtaining the qualification of engineering supervision enterprises, and the qualification licensing organ may order them to make corrections within a time limit at the request of interested parties or ex officio; If it fails to do so within the time limit, its qualification may be revoked. Article 24 Under any of the following circumstances, the qualification licensing organ or its superior organ may revoke the qualification of the project supervision enterprise at the request of the interested party or according to its functions and powers: (1) The staff of the qualification licensing organ abuses their powers and neglects their duties to grant the qualification license to the project supervision enterprise; (two) beyond the statutory authority granted to the engineering supervision enterprise qualification license; (three) in violation of the qualification examination and approval procedures, awarded the project supervision enterprise qualification license; (four) the applicant who does not meet the licensing conditions is granted the qualification license of the engineering supervision enterprise; (five) other circumstances in which the qualification certificate can be revoked according to law. Whoever obtains the qualification certificate of engineering supervision enterprise by cheating, bribery or other improper means shall be revoked. Article 25 In case of any of the following circumstances, an engineering supervision enterprise shall promptly apply to the qualification licensing authority for cancellation of its qualification, return its qualification certificate, and the competent construction department of the State Council shall go through the cancellation procedures and announce that its qualification certificate is invalid: (1) The qualification certificate expires and fails to apply for renewal according to law; (two) the project supervision enterprise is terminated according to law; (three) the qualification of the engineering supervision enterprise is revoked, withdrawn or revoked according to law; (4) Other circumstances in which the qualification shall be disqualified according to laws and regulations. Twenty-sixth engineering supervision enterprises shall, in accordance with the relevant provisions, provide true, accurate and complete credit file information of engineering supervision enterprises to the qualification licensing authority. The credit files of engineering supervision enterprises shall include basic information, performance, project quality and safety, breach of contract, etc. Complaints and handling, administrative punishment, etc. It should be recorded in its credit file as a bad behavior. The credit file information of engineering supervision enterprises shall be publicized to the public in accordance with relevant regulations, and the public has the right to consult it. Chapter V Legal Liability Article 27 Where an applicant conceals relevant information or provides false materials to apply for the qualification of a project supervision enterprise, the qualification licensing authority shall not accept it or refuse to grant an administrative license and give it a warning. The applicant shall not apply for the qualification of engineering supervision enterprise again within 1 year. Article 28 Whoever obtains the qualification certificate of an engineering supervision enterprise by cheating, bribery or other improper means shall be given a warning by the competent department of construction of the local people's government at or above the county level or the relevant department, and be fined between 654.38 million yuan and 20,000 yuan. The applicant shall not apply for the qualification of engineering supervision enterprise again within three years. Article 29 If an engineering supervision enterprise commits one of the acts listed in Item 7 and Item 8 of Article 16 of these Provisions, the competent construction department or relevant department of the local people's government at or above the county level shall give it a warning, order it to make corrections, and impose a fine ranging from 6,543,800 yuan to 30,000 yuan; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirtieth in violation of the provisions of this Ordinance, the engineering supervision enterprise fails to go through the formalities for changing the qualification certificate in time, and the qualification licensing organ shall order it to go through the formalities within a time limit; Failing to handle it within the time limit, a fine of more than 1000 yuan and less than 1000 yuan may be imposed. Article 31 If an engineering supervision enterprise fails to provide the credit file information of the engineering supervision 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 shall give a warning and order it to make corrections within a time limit; If it fails to make corrections within the time limit, it may be fined 1000 yuan or more 1000 yuan or less. Article 32 Where the construction administrative department of the local people's government at or above the county level gives the engineering supervision enterprise administrative punishment according to law, it shall report the decision on administrative punishment and the facts, reasons and basis for giving the administrative punishment to the construction administrative department of the State Council for the record. Thirty-third people's governments at or above the county level construction departments and relevant departments in any of the following circumstances, by the superior administrative departments or supervisory organs shall be ordered to make corrections, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) granting the qualification license of the engineering supervision enterprise to the applicant who does not meet the conditions stipulated in these Regulations; (two) the applicant who meets the requirements of these provisions shall not be granted the qualification license of the engineering supervision enterprise or make a decision on granting the license within the statutory time limit; (three) the application that meets the statutory conditions is not accepted or the preliminary examination is not completed 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, thus causing serious consequences.