(1992,10,21,the 39th meeting of the Standing Committee of the Tenth Shanghai Municipal People's Congress; According to the Decision on Amending the Regulations of Shanghai Municipality on the Administration of Construction Market, which was held at the 7th meeting of the Standing Committee of the 12th Shanghai Municipal People's Congress on June 65438+1October 2003, it was revised for the 65438th time+0th time; According to 10, the decision on amending some local regulations of Shanghai was revised for the second time at the 2nd meeting of the Standing Committee of the 13th Shanghai Municipal People's Congress in September; 2065438+revised at the 4th meeting of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 25th, 2004)
Chapter I The comprehensive municipal construction administrative department is responsible for the unified supervision and management of the city's construction market. Specifically perform the following duties:
(a) to organize the formulation of policies for the supervision and management of the construction market in this Municipality;
(two) to organize the preparation of local standards and norms for engineering construction;
(three) to establish a unified construction project trading market in the city;
(four) responsible for the management of enterprise qualifications and employee qualifications in the construction market;
(five) other unified supervision and management responsibilities stipulated by the Municipal People's government.
District and county construction administrative departments shall be responsible for the supervision and management of the construction market within their respective administrative areas in accordance with their duties and powers.
The administrative departments of transportation, water, ocean, greening, civil defense and housing in this Municipality (hereinafter referred to as other relevant departments) shall be responsible for the supervision and management of the professional construction market in accordance with the division of responsibilities stipulated by the Municipal People's Government.
The administrative departments of development and reform, land and resources planning, environmental protection, production safety supervision, quality and technical supervision, finance, public security and fire control, economic informatization, human resources and social security of this Municipality shall, according to their respective functions and duties, cooperate in the implementation of these Regulations. Engaged in construction market activities should follow the principles of compliance with laws, honesty and trustworthiness, and orderly competition; It is forbidden to monopolize the construction market in any form or disrupt the order of the construction market by improper means.
Construction market management should adhere to the principles of unity, openness, fairness and justice. Construction market related industry associations shall establish and improve the rules and regulations of industry self-discipline and trading activities, guide the healthy development of the industry, and urge members to engage in construction market activities according to law; For members who violate self-discipline norms, trade associations shall take corresponding disciplinary measures in accordance with the articles of association.
Chapter II Market Access and Construction Permit Units engaged in survey, design, construction, supervision, bidding agency, cost consultation and engineering quality inspection of construction projects shall obtain qualification certificates according to law and undertake business within the scope of qualification permission.
The construction unit of a construction project shall obtain a safety production license in accordance with the relevant provisions of the state. A registered medical practitioner shall not commit any of the following acts:
(1) Renting or lending the registered practicing certificate or practicing seal;
(2) Engaging in practicing activities beyond the scope of registered practice or the business scope of the employing unit;
(3) signing or sealing the documents for which I am not responsible;
(four) other acts prohibited by laws and regulations. Before the construction unit contracts the construction project, it shall go through the construction application procedures with the relevant documents to the municipal, district and county construction administrative departments or other relevant departments.
If the information required for the construction project is complete, the construction administrative department or other relevant departments shall handle it on the spot; If the information required for the application of a construction project is incomplete, it shall inform the information required for the construction application formalities at one time. Construction projects shall be started in accordance with the relevant provisions of the state, and construction permits shall be obtained. Construction projects that have not obtained the construction permit shall not be started.
In addition to confidential projects, the construction unit shall publicize the serial number, project name, construction address, construction scale, construction unit, design unit, construction unit, supervision unit, contract term, project manager and other matters to the public in a prominent position on the construction site.
Chapter III Project contracting and general contracting, survey, design and construction contracting of contracted projects shall meet the following conditions:
(a) the contractor is a legal person or other organization established according to law;
(two) there are materials or documents that meet the requirements of the contract;
(three) the source of construction funds has been implemented.
Construction contracts for government-invested construction projects shall have construction drawing design documents. However, the construction engineering technology is particularly complex or requires the adoption of new technologies and new processes, unless approved by the municipal construction administrative department. The survey, design and construction of construction projects can all be contracted out to a contractor for general contracting; It is also possible to contract out the survey, design and construction of construction projects to different contractors.
A contractor shall not dismember a construction project that should be completed by one contractor into several parts and contract it out to several contractors. Construction project contracting is divided into bidding contracting and direct contracting.
Bidding and contracting of construction projects can be divided into open bidding and invitation bidding. All or part of a construction project that uses state-owned funds for investment or state financing and loans or aid funds from international organizations or foreign governments may not be subject to tender, unless otherwise stipulated by the state.
The government franchise project has selected investors through bidding, and if the investors have the corresponding engineering construction qualifications and build their own projects, they may not bid for the contract. Units with survey, design or construction qualifications that invest in construction projects by themselves may undertake corresponding work within their qualifications.
If the original contractor has the contracting ability, it can directly contract the general contracting or survey, design and construction of the project to the original contractor. For a project that must be publicly tendered according to law, the contracting unit shall, in accordance with the relevant provisions of the state and this Municipality, issue a tender announcement in the media designated by the municipal construction administrative department and other relevant administrative departments.
Encourage the use of bidding demonstration texts formulated by the municipal construction administrative department and other relevant administrative departments. The bid evaluation shall be the responsibility of the bid evaluation committee established by the tenderer according to law.
If the tenderer colludes with the members of the bid evaluation committee to determine the winning bidder, the winning bid is invalid. In the implementation of general contracting of construction projects, the general contracting unit shall have corresponding design or construction qualifications, and establish a project management system suitable for the general contracting business.
The general contracting unit shall be responsible for the quality of the general contracting construction project. If the general contractor subcontracts part of the work in the contracted project to other units, the general contractor and the subcontractors shall bear joint liability to the construction unit for the subcontracted project. More than two survey, design and construction units can form a consortium to contract projects. The parties to a consortium shall sign a consortium agreement, and one party shall be the organizer of the consortium, and shall be jointly and severally liable for the performance of the contract.
The parties to the consortium shall undertake the project within their respective qualifications; Where enterprises with the same qualification category but different qualification levels form a consortium, they shall undertake the project according to the qualification permission scope of the contractor with low qualification level.
Units that have already participated in the consortium shall not participate in the separate bidding of the same construction project or the bidding of other consortia. The implementation of general contracting, the general contracting unit shall complete the construction of the main structure project, and bear the following responsibilities in the construction of the main structure project:
(a) the establishment of a project management agency at the construction site;
(two) in accordance with the provisions of the construction site with the management of the unit;
(three) to strengthen the quality and safety management of the construction site;
(4) Purchasing and supplying the main materials of the main structure project;
(five) other duties as prescribed by laws and administrative regulations.
The general contractor and the construction unit shall specify the contents of the subcontracted project, the supply mode of building materials and equipment in the general contract.
Construction administrative departments and other relevant departments shall strengthen supervision over the construction site of the general contractor. If the construction unit needs to determine the professional subcontractors or suppliers of building materials and equipment within the scope of general construction contract, it shall express it in the tender documents or negotiate with the general contractor in advance, and stipulate it in the general construction contract; The designated professional subcontractors or suppliers of materials and equipment shall be subject to the management of the general contractor, who shall settle accounts and pay the relevant project funds.
If the construction unit needs to contract out professional projects beyond the scope of general contracting, it shall reach a written agreement with the general contracting unit on the on-site management measures in advance.
Where the contracting method specified in the preceding two paragraphs is adopted, the responsibility of the construction unit shall be clearly defined in the contract between the construction unit and the general contractor. Engineering general contracting, survey, design, construction and supervision units shall not have the following acts when undertaking construction projects:
(a) borrowing the qualifications of others or contracting projects in the name of others;
(two) by bribery and other improper means to contract the project;
(three) to participate in the bidding for construction projects on behalf of interested bidding agencies;
(4) Providing forged or altered materials;
(five) failing to undertake the construction project that must be contracted through bidding according to the regulations;
(six) other acts prohibited by laws and regulations. The contractor shall not subcontract the works. In any of the following circumstances, the contractor belongs to the subcontract:
(a) the general contractor entrusts all the design or construction business within its qualification scope to other units or individuals to complete;
(two) the survey and design contractor will complete all the survey or design business by other units or individuals;
(3) The general contractor entrusts all construction business to other units or individuals. The construction contractor shall not subcontract the project illegally. In any of the following circumstances, the construction contractor is an illegal subcontracting act:
(a) subcontracting construction projects to units or individuals that do not have the corresponding qualifications;
(two) the professional subcontracting unit will carry out professional subcontracting of the contracted construction project;
(3) The labor subcontracting unit subcontracts its contracted labor operations;
(four) other circumstances stipulated by laws and administrative regulations as illegal subcontracting. The construction unit may entrust a project management unit with corresponding qualifications, such as design, construction, supervision, bidding agency or cost consultation, to carry out project management services in the whole process or several stages of the project.
The project management unit shall be equipped with professional technicians and management personnel with corresponding professional skills to provide project management services in the stages of project pre-planning, project design, pre-construction preparation, construction, completion acceptance and warranty, and also provide professional services such as project supervision, bidding agency and cost consultation for the same project within its qualification scope.
Design and construction units engaged in project management shall not undertake the general contracting, design or construction of the same construction project.
By entrusting the project management unit, the city gradually promotes the whole process management of government-invested construction projects.
Chapter IV Project Contract and Cost Where a contractor undertakes the general contracting, survey, design and construction of a construction project, he shall sign a written contract for the construction project. To undertake construction project management, bidding agency, cost consultation, supervision, testing and other services, a written entrustment contract shall be signed. Encourage the use of model contract texts formulated by the state or this municipality.
For a construction project that must be subject to tender, its project content, contract price and valuation method, contract term, project quality standard, project leader and other main terms of the contract shall be consistent with the contents of the tender documents and the bid documents of the winning bidder. Within 30 days after the signing of the contract, the contractor and the entrusting unit shall submit contract information such as project content, contract price, pricing method, project leader, etc. Construction administrative departments or other relevant departments. Where the contract information is changed, the contractor and the entrusting unit shall submit the changed information to the original department within fifteen days after the change.
Contract projects that have been submitted and performed according to law can be used as performance in the process of applying for qualification upgrading and adding items and participating in bidding. The construction contracting and contracting of construction projects invested entirely or mainly by state-owned funds shall be priced by bill of quantities. The bill of quantities shall be compiled in accordance with the national and municipal bill of quantities valuation norms.
Construction projects that are wholly invested or mainly invested by state-owned funds shall be subject to construction bidding, and the tenderee shall announce the maximum bid price limit when issuing the bidding documents and submit it to the construction administrative department or other relevant departments for reference.
Encourage other funds to invest in construction project contracting and contracting by bill of quantities. The contracting unit shall settle and pay the project advance payment, project progress payment and project completion price in accordance with the law and the contract.
After the completion of the construction project, the contracting units and contractors shall settle the project completion in accordance with the contract.
After submitting the completion acceptance report, the contractor shall submit the completion settlement report and complete settlement data to the contractor at the time agreed in the contract. The contracting unit or the cost consulting agency entrusted by the contracting unit shall conduct verification within 60 days and issue verification opinions. Unless otherwise agreed in the contract.
Within thirty days after the completion settlement documents are confirmed, the contractor shall report the completion settlement documents confirmed by both parties to the construction administrative department or other relevant departments for the record. The municipal construction administrative department shall, jointly with other relevant departments, formulate the data standard of the city's project cost information and establish the city's project cost information platform.
For all construction projects invested with state-owned funds or mainly invested with state-owned funds, the construction administrative department and other relevant departments shall disclose the maximum bid price limit, the winning bid price and the completion settlement price on the website designated by the municipal construction administrative department, and accept social supervision. The parties to a construction project contract can reduce the performance risk by means of bid guarantee, performance guarantee, advance payment guarantee and project payment guarantee.
If the contract awarding unit requires the contractor to provide performance guarantee, it shall also provide the contractor with the guarantee for project payment. If the construction project contract adopts the quality deposit method for the quality responsibility of the construction project, the construction project using financial funds shall reserve the quality deposit in the financial department or the contracting unit in accordance with the relevant provisions of the state.
If the construction project contract adopts the project quality insurance method for the construction project quality responsibility, the construction project quality deposit will no longer be established.
Chapter V Market Service and Supervision The administrative department in charge of construction and other relevant departments shall carry out supervision and management activities such as administrative licensing, supervision and management of bidding, contract management, management of registered practitioners, and supervision of project quality and safety through the unified construction project management information system of the whole city.
The municipal administrative department of construction shall, jointly with the municipal administrative department of human resources and social security, establish an employment information system for construction workers, provide real-name registered construction workers' information to employers, and provide employees with employment demand information of employers. The municipal administrative department of construction shall, jointly with other relevant departments, establish a construction project bid evaluation expert database and a special technical bid evaluation expert database according to the relevant provisions of the state and this Municipality and the actual needs of this Municipality's construction project technical bid evaluation management.
In the bid evaluation of the construction engineering trading center of this Municipality and the special technical bid evaluation activities carried out in accordance with the provisions of the state or this Municipality, experts shall be drawn from the construction engineering bid evaluation expert database or the special technical bid evaluation expert database of this Municipality.
In the process of bid evaluation or special technical evaluation, experts shall perform their duties objectively and fairly, abide by professional ethics and take personal responsibility for the evaluation opinions put forward. Construction drawing design document review institutions shall carry out construction drawing design document review activities in accordance with the relevant provisions of the state or this Municipality, and shall not engage in the following acts:
Beyond the scope of construction drawing review;
(2) Using unqualified examiners;
(3) Failing to conduct the examination in accordance with the provisions;
(four) did not complete the review in accordance with the prescribed time;
(five) other acts prohibited by laws and regulations. Construction administrative departments and other relevant departments shall conduct dynamic supervision and management of construction market activities. If it is found that the qualification conditions or safety production conditions of the enterprise no longer meet the licensing conditions, it shall be ordered to make corrections within a time limit, and the new business shall be suspended during the correction period; If it fails to make corrections within the time limit, the licensing department shall lower its qualification level or revoke its qualification certificate; Enterprises from other provinces and cities entering Shanghai shall be submitted to the issuing department for handling according to law.
Construction administrative departments and other relevant departments shall compare the main contents of the contract with the site conditions when conducting supervision and inspection on the construction site. The city promotes the construction of the credit system in the construction market. Construction administrative departments and other relevant departments shall establish a credit information database to record the credit information of all units and registered practitioners in the construction market activities. Credit information should be collected from the municipal public credit information service platform and announced to the public.
Construction units of government-invested construction projects shall use credit information in bidding activities. Encourage other subjects to use credit information in construction market activities.
Construction administrative departments and other relevant departments shall implement classified management according to the credit status of all units and registered practitioners in the construction market activities, strengthen supervision over units and personnel who are untrustworthy, and implement convenient measures for units and personnel with good credit. This Municipality carries out inspections in the field of construction in accordance with the relevant provisions of the state, and supervises and inspects the implementation of laws, regulations, rules, standards and related policies by the construction administrative departments and other relevant departments.
Chapter VI Legal Liability In case of violation of the provisions of Article 26 of these regulations, the general contracting, survey, design, construction and supervision unit of the project is under any of the following circumstances, and the construction administrative department or other relevant departments shall punish it in accordance with the following provisions:
(a) without obtaining the qualification certificate, borrowing the qualification of others or contracting survey, design and supervision projects in the name of others, shall be ordered to stop the illegal behavior, and the survey, design and supervision units that violate the provisions shall be fined two to four times the survey fee, design fee and supervision fee agreed in the contract respectively; In violation of the provisions of the general contracting, construction units to impose a fine of more than 5% 10% of the project contract price; Illegal income, confiscate the illegal income; And can be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.
(2) If a project is contracted by bribery or other improper means, it shall be ordered to make corrections, and the survey, design and supervision units that violate the provisions shall be fined two to four times the survey fee, design fee and supervision fee agreed in the contract respectively; In violation of the provisions of the general contracting, construction units to impose a fine of more than 5% 10% of the project contract price; And can be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.
(3) Those who provide forged or altered information shall be ordered to make corrections within a time limit and be fined100000 yuan but not more than 300000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the qualification certificate shall be withheld or revoked.
(four) failing to undertake the construction project that must be awarded through bidding, it shall be ordered to stop the construction activities and impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan. The staff of the relevant administrative departments in violation of the provisions of this Ordinance, in any of the following circumstances, shall be given administrative sanctions by their units or the competent department at a higher level according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
Illegal implementation of administrative license or administrative punishment;
(two) illegal intervention in the contracting and contracting of construction projects;
(three) failing to perform the duties of supervision and inspection in accordance with the provisions of these regulations;
(4) Failing to investigate and deal with illegal acts in time, or shielding or conniving at illegal acts, resulting in consequences;
(five) other dereliction of duty, abuse of power, corruption.
Chapter VII Supplementary Provisions The meanings of relevant terms in these Regulations:
(1) Construction engineering refers to civil engineering, construction engineering, installation engineering, decoration engineering, landscaping engineering and repair engineering of lines, pipelines and equipment.
(2) Construction market activities refer to activities such as contracting out contracts, providing intermediary services, concluding and performing contracts in the process of new construction, expansion and reconstruction of construction projects and decoration, demolition and repair of existing buildings and structures.
(3) Government investment refers to the fixed assets investment activities conducted with government funds within the administrative area of this Municipality. Government funds include budgetary investment funds, various special construction funds, foreign loans and other government funds.
Article 62 These Regulations shall come into force as of 20 14, 10, 1.