The Regulations on Building Management in Jiangxi Province was adopted at the 13th meeting of the Standing Committee of the Ninth People's Congress of Jiangxi Province on February 22, 2006, and was first amended at the 27th meeting of the Standing Committee of the Ninth People's Congress of Jiangxi Province on February 22, 2006.
catalogue
Chapter I General Provisions
Chapter II Qualification Management and Licensing System for Construction Projects
Chapter III Contracting and Contracting of Construction Projects
Chapter IV Construction Project Supervision and Intermediary Services
Chapter V Quality Management of Construction Projects
Chapter VI Safety Production of Construction Projects
Chapter VII Construction Project Contract Management
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Principles
Article 1 In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, these Regulations are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province.
Second in the administrative area of this province to engage in construction activities, the implementation of supervision and management of construction activities, must abide by these regulations.
The term "construction activities" as mentioned in these Regulations refers to the construction, decoration (including interior decoration) of various houses and their ancillary facilities and the installation activities of their supporting lines, pipelines and equipment.
Article 3 Construction activities shall abide by laws and regulations, adhere to the principles of openness, fairness and justice, and shall not harm national interests, public interests or the legitimate rights and interests of others.
No unit or individual may hinder or obstruct the construction activities carried out according to law.
It is forbidden for any region or department to divide, block or monopolize the construction market.
Fourth provincial people's government construction departments to implement unified supervision and management of the province's construction activities.
The competent construction departments of the people's governments at or above the county level shall exercise unified supervision and management over the construction activities within their respective administrative areas.
Chapter II Qualification Management and Licensing System for Construction Projects
Article 5 The following units must obtain the qualification certificate issued by the competent construction department of the people's government at or above the provincial level and register with the administrative department for industry and commerce before engaging in construction activities within the scope specified in the qualification certificate:
(a) engineering survey and design units;
(2) The construction unit;
(three) engineering supervision, bidding agency, cost consulting, engineering testing and other intermediary service units.
Where laws and regulations provide otherwise, such provisions shall prevail.
Article 6 The following professional and technical personnel must obtain qualification certificates in accordance with the law and register in accordance with regulations before they can engage in construction activities within the registered scope:
(1) Registered architects, registered structural engineers and registered planners;
(2) registered supervision engineer;
(3) Registered cost engineer;
(4) Other personnel who need to be registered as stipulated by the state.
Other professional and technical personnel and management personnel shall receive professional training and obtain corresponding qualification certificates before engaging in construction activities within the prescribed scope.
Article 7 Units outside the province engaged in construction activities within the administrative area of this province must go through the filing formalities with the competent construction department of the provincial people's government with the corresponding qualification certificate, letter of introduction from the competent construction department of the local people's government at or above the provincial level and relevant certification materials.
Enterprises directly under the relevant departments of the State Council engaged in construction activities within the administrative region of this province shall obtain corresponding qualification certificates in accordance with the provisions of the competent construction department of the State Council.
Article 8 Before a construction project starts, the construction unit shall, in accordance with the provisions of Article 11 of these Regulations, apply to the competent construction department of the people's government at or above the county level for a construction permit. The competent department of construction shall, within fifteen days from the date of receiving the application, issue a construction permit to those who meet the conditions and give a written reply to those who do not meet the conditions; Except for small projects below the quota determined by the competent construction department of the State Council.
According to the authority and procedures stipulated by the State Council, the construction project that has approved the commencement report will no longer receive the construction permit.
Article 9 To apply for a construction permit, the following conditions shall be met:
(a) has gone through the formalities for the approval of land for construction projects;
(two) the construction project in the urban planning area has obtained the construction land planning permit and the construction project planning permit;
(three) the need for demolition, demolition procedures have been handled, and the "three links and one leveling" work has been completed;
(four) the construction unit has been determined according to the regulations;
(five) there are construction drawings and technical data that can meet the needs of construction;
(six) there are specific measures to ensure the quality and safety of the project;
(seven) proof of the implementation of construction funds;
(eight) other conditions stipulated by laws and regulations.
Chapter III Contracting and Contracting of Construction Projects
Tenth the following construction projects must be subject to tender:
(a) projects involving social interests and public safety;
(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;
(3) Projects that use loans or aid funds from international organizations or foreign governments.
If all the projects listed in the preceding paragraph are invested by state-owned funds or state-owned funds occupy a controlling or leading position, public bidding shall be conducted; Other projects can be invited to tender. Where laws and regulations provide otherwise, such provisions shall prevail.
Projects involving national security, state secrets, emergency rescue and disaster relief, or the use of poverty alleviation funds to implement work-for-relief, the need to use migrant workers and other special circumstances that are not suitable for bidding can be directly contracted out.
Eleventh construction projects in accordance with the following provisions to implement hierarchical bidding supervision and management:
(a) the national and provincial people's governments with a total cost of more than 4 million yuan or a total construction area of more than 8,000 square meters and their subordinate departments (including units directly under provincial departments), the construction projects with a total cost of more than10 million yuan (referring to the cumulative total cost of individual projects under construction and continued construction, the same below), and the architectural decoration projects with a total cost of more than 3 million yuan shall be supervised and managed by the competent construction department of the provincial people's government;
(II) Construction projects of the Municipal People's Government with districts and its subordinate departments (including the units directly under the subordinate departments), construction projects with the total cost of the departments directly under the national and provincial people's governments (including the units directly under the provincial departments) of less than 4 million yuan or the total construction area of less than 8,000 square meters, construction projects involving social interests and public safety with the total cost of more than 4 million yuan10.
(III) Construction projects of the county (city, district) people's government and its subordinate departments (including units directly under the subordinate departments), construction projects with a total cost of less than 4 million yuan and architectural decoration projects with a total cost of less than1000000 yuan shall be supervised and managed by the competent construction department of the people's government at the county level.
Twelfth construction contractors should contract construction projects to construction contractors with corresponding qualification levels and business scope, and may not contract construction projects in pieces.
Thirteenth construction project contracting and contracting the principle of reasonable price. The contractor shall not lower the level and price of the contractor, and shall not require the contractor to contract the project with capital or advance the construction.
Fourteenth general contracting units of construction projects shall organize the completion of the main projects contracted by themselves. The non-main part of the project can be subcontracted to subcontractors with corresponding qualifications, but except for the subcontracting stipulated in the general contract, it must be approved by the construction unit.
A contractor of a construction project shall not subcontract the contracted project.
Chapter IV Construction Project Supervision and Intermediary Services
Fifteenth construction projects to implement the supervision system.
The following construction projects must be supervised:
(a) public buildings, industrial buildings and social development projects invested by organs, organizations, state-owned and collective enterprises and institutions;
(two) residential projects with a construction area of more than one thousand square meters;
(three) foreign capital, Sino foreign joint ventures, foreign loans, grants and donations.
Article 16 A construction unit must select a construction project supervision unit with corresponding qualifications through competition and sign a written contract with the project supervision unit entrusted by it.
Seventeenth project supervisors have evidence to prove that the project construction does not meet the quality standards of construction projects or the quality requirements agreed in the contract, and have the right to order the construction unit to make corrections. Supervisors who have evidence to prove that building materials, building components and equipment do not meet the quality standards of construction projects or the quality requirements agreed in the contract shall not be used or installed in the project, shall not enter the next process of construction, shall not allocate the project progress payment, and shall not carry out the completion acceptance.
If the engineering supervisor thinks that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, the design unit shall submit it to the construction unit for correction.
The project supervision unit shall not collude with the construction unit or the construction unit, resort to deceit, reduce the quality of the project, and shall not transfer the supervision business.
Eighteenth engineering cost consultation should be entrusted with the corresponding qualifications of the consulting unit. Units engaged in project cost consultation shall implement national and local project quotas and valuation methods, and refer to the changes of price index.
Nineteenth bidding agencies shall undertake the bidding agency business of construction projects in accordance with the approved qualification level and business scope.
Twentieth construction projects and materials, equipment quality inspection, should be entrusted with the corresponding qualification testing units, have objections to the test results, you can apply for re inspection; If it is still controversial, it may apply to the competent construction department of the people's government at or above the county level to organize relevant experts for verification.
Twenty-first cost consulting, bidding agency, engineering testing and other intermediary service units shall not issue false reports or data; Intermediary business may not be transferred.
No unit or individual may use the power of * to designate an intermediary agency.
Chapter V Quality Management of Construction Projects
Twenty-second construction projects to implement quality supervision system.
For new construction, expansion and reconstruction projects, the construction unit must go through the quality supervision procedures at the competent construction department of the people's government at or above the county level where the project is located before the project starts.
The construction unit shall not require the architectural design unit or the construction unit to violate the quality and safety standards of the construction project and reduce the quality of the project for any reason.
Twenty-third construction, survey and design, construction and supervision units shall establish a quality assurance system and strictly implement the quality responsibility system.
The quality of survey, design, construction and supervision of construction projects shall meet the requirements of national standards, industry standards and local standards related to engineering construction.
Twenty-fourth construction units shall organize survey, design and construction units to carry out technical disclosure of survey, design and construction documents, and provide corresponding technical data and other necessary conditions.
Twenty-fifth building materials, building components and equipment suppliers shall be responsible for the quality of the products they supply. Building materials, building components and equipment used in construction projects must meet product quality standards and design documents.
Twenty-sixth after receiving the completion report of the construction project, the construction unit shall organize the design, construction, project supervision, fire control and other relevant units to carry out the completion acceptance, and the construction project can only be delivered for use after passing the acceptance. The construction unit shall, within 0/5 days from the date of completion and acceptance of the construction project, report the completion and acceptance report of the construction project and other documents to the competent construction department of the people's government at or above the county level for the record in accordance with the hierarchical management authority stipulated in Article 11 of these regulations. Construction projects that have not been put on record by the competent construction department shall not be delivered for use or sale, and shall not go through the relevant procedures such as housing ownership registration.
Twenty-seventh after the completion of a construction project, the construction unit shall, within 180 days, submit the archives of the construction project to the competent construction department of the people's government at or above the county level where the project is located for the record.
Twenty-eighth construction projects to implement the quality warranty system. When the construction contractor submits the completion acceptance report to the construction unit, it shall issue a quality guarantee to the construction unit. After the construction project is delivered for use, if quality defects are caused by survey, design, construction or use of building materials, building components and equipment within the warranty scope and warranty period stipulated by the relevant state, the responsible party shall bear the warranty or compensation liability. If quality defects are caused by force majeure, the maintenance cost shall be borne by the construction unit.
Chapter VI Safety Production of Construction Projects
Twenty-ninth construction safety production management adhere to the principle of safety first and prevention first; The implementation of enterprise responsibility, industry management, state supervision and mass supervision of production safety management system, the implementation of the registered safety officer system.
The construction administrative department of the people's government at or above the county level shall be responsible for the management of construction safety production, and accept the guidance and supervision of the safety production supervision department of the people's government at the same level according to law.
Thirtieth building decoration engineering construction units involved in changes in the main building and load-bearing structure, must entrust the original design unit or a design unit with corresponding qualifications to put forward a design modification plan before construction, otherwise the construction shall not be carried out.
The construction unit shall, in accordance with the contract, bear corresponding responsibilities for the safety management of the construction project site.
Thirty-first construction units shall abide by the laws and regulations related to production safety and the technical specifications, standards and rules and regulations of construction site safety, and take measures such as maintaining safety, preventing danger and preventing fire at the construction site.
When compiling the construction organization design, the construction unit shall formulate corresponding safety technical measures according to the characteristics of construction projects; For dangerous engineering projects and construction in special environment, special safety construction organization design should be compiled and targeted safety technical measures should be taken. Construction in urban planning area, the construction site should be closed management, civilized construction.
Where the construction site may cause damage to adjacent buildings and structures, or work in a special environment, the construction unit shall go through the application and approval procedures in accordance with the relevant provisions of the state, and take safety protection measures, and the expenses required shall be borne by the construction unit.
Chapter VII Construction Project Contract Management
Thirty-second construction project contract period in accordance with the provisions of the state time limit for a project quota; In case of special circumstances, it shall be agreed by both parties in the contract, but the quality and safety of the construction project must be guaranteed.
Thirty-third construction project cost, should be in accordance with the national and local engineering quota and valuation methods, and according to the published quota adjustment coefficient and price information, agreed by the construction unit and the construction unit in the contract.
No unit or individual may expand or narrow the scope of project valuation fees, and may not raise or lower the valuation standard or attach unreasonable conditions.
Article 34 After the contract cost of a construction project is determined, if it really needs to be adjusted due to changes in the costs of labor, materials and machinery, it shall be adjusted according to the terms of the contract, revised project quota, published adjustment coefficient and price information. The specific adjustment measures shall be agreed by the construction unit and the construction unit in the contract.
Article 35 The construction unit shall deliver the construction project according to the time limit and quality requirements agreed in the contract, and the construction unit shall pay the project price according to the time limit agreed in the contract. In case of violation of the contract, the breaching party shall bear legal responsibility.
Article 36 For a construction project subject to bidding, the main terms agreed in the contract shall be consistent with the bidding documents and the conditions promised at the time of bidding.
Chapter VIII Legal Liability
Article 37 If a construction unit starts construction without obtaining the construction permit or the approval of the commencement report, it shall be ordered to stop construction, make corrections within a time limit, and be fined at least 1% and less than 2% of the contract price of the project.
Article 38 Where a construction unit contracts a project to a survey, design and construction unit without corresponding qualification grade or entrusts it to a project supervision unit without corresponding qualification grade, it shall be ordered to make corrections and be fined not less than 500,000 yuan but not more than 1 million yuan.
Where a construction unit dismembers a construction project, it shall be ordered to make corrections and be fined between 0.5% and 0% of the contract price of the project.
If a survey, design, construction and engineering supervision unit undertakes a project beyond its qualification level, it shall be fined at least one time but not more than two times the survey fee, design fee or supervision fee agreed in the contract; Impose a fine of more than 2% and less than 4% of the contract price on the construction unit, and may order it to suspend business for rectification and lower its qualification level; If the circumstances are serious, the qualification certificate shall be revoked; If there is illegal income, it shall be confiscated.
Those who have not obtained the qualification certificate to undertake the project shall be banned in accordance with the provisions of the preceding paragraph and fined; If there is illegal income, it shall be confiscated.
Whoever obtains a qualification certificate by deception to undertake a project shall have his qualification certificate revoked and be fined in accordance with the provisions of the third paragraph of this article; If there is illegal income, it shall be confiscated.
Article 39 Where a survey, design, construction and project supervision unit allows other units or individuals to undertake projects in its own name, it shall be ordered to make corrections, its illegal income shall be confiscated, and it shall be fined at least one time but not more than two times the survey fee, design fee and supervision fee agreed in the contract between the survey and design unit and the project supervision unit, and at least two to four percent of the contract price of the construction unit. Can be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.
Article 40 Where a contractor subcontracts a project or subcontracts it illegally, it shall be ordered to make corrections, its illegal income shall be confiscated, and the survey and design unit shall be fined between 25% and 50% of the survey and design fee agreed in the contract; Impose a fine of more than 0.5% and less than 0% of the project contract price on the construction unit; Can be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked. If the project supervision unit transfers the project supervision business, it shall be ordered to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the supervision fee agreed in the contract; Can be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.
Forty-first in the project contracting and contracting, asking for *, accepting *, doing *, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be fined between one and three times the value of the property, the property shall be confiscated, and the directly responsible person in charge and other directly responsible personnel shall be punished.
The contractor engaged in project contracting may be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate in addition to being punished in accordance with the provisions of the preceding paragraph.
Article 42 A project supervision unit colludes with the construction unit or the construction unit, practices fraud, lowers the quality of the project, marks unqualified construction projects, building materials, building components and equipment as qualified, and shall be ordered to make corrections, and be fined not less than 500,000 yuan but not more than 1 million yuan, with the qualification grade lowered or the qualification certificate revoked; If there is illegal income, it shall be confiscated; If losses are caused, they shall bear joint and several liability for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third renovation projects involving changes in the main building or load-bearing structure, without a design scheme, shall be ordered to make corrections and be fined more than 500,000 yuan/kloc-0,000 yuan; Housing construction users arbitrarily change the main body and load-bearing structure of housing construction during the decoration process, and shall be ordered to make corrections, and be fined not less than 50,000 yuan but not more than 100,000 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.
Forty-fourth construction units do not take measures to eliminate the hidden dangers of construction safety accidents, shall be ordered to make corrections, and may impose a fine of more than 0.2% and less than 0.5% of the project cost; If the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the management personnel of the construction unit command or force employees to take risks in violation of regulations, resulting in heavy casualties or other serious consequences, criminal responsibility shall be investigated according to law.
Forty-fifth construction units express or imply that design units or construction units violate the mandatory standards for engineering construction and reduce the quality of the project, they shall be ordered to make corrections and be fined between 200,000 yuan and 500,000 yuan.
Forty-sixth survey and design units do not carry out survey and design in accordance with the mandatory standards for engineering construction, and shall be ordered to make corrections and impose a fine of not less than one hundred thousand yuan but not more than three hundred thousand yuan; Causing engineering quality accidents, shall be ordered to suspend business for rectification, reduce the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked; If losses are caused, it shall be liable for compensation according to law.
Article 47 If a construction unit cuts corners during construction, uses unqualified building materials, building components and equipment, or commits other acts that do not conform to the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined between 2% and 4% of the contract price of the project; If the quality of the project does not meet the prescribed quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; If the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 48 If a construction unit fails to perform its warranty obligations according to law or delays the performance of its warranty obligations, it shall be ordered to make corrections, and be fined not less than 100,000 yuan but not more than 200,000 yuan, and shall be liable for the losses caused by quality defects during the warranty period.
Forty-ninth cost consulting, engineering testing and other units have one of the following acts, shall be ordered to make corrections, confiscate the illegal income; If the circumstances are serious, it may be submitted to the corresponding qualification management department to order it to suspend business for rectification, reduce the qualification level until the qualification certificate is revoked:
(a) without a qualification certificate or engaged in intermediary services beyond the scope of qualification;
(2) Transfer of intermediary business;
(three) colluding with the relevant units, practicing fraud, seeking illegal interests, or causing losses to the construction unit, the construction unit.
Article 50 After the completion and acceptance of a construction project, if the construction unit fails to hand over the construction project files to the competent construction department or other relevant departments, it shall be ordered to make corrections, and a fine of 1 10,000 yuan or more and110,000 yuan or less shall be imposed.
Article 51 The administrative penalties stipulated in these Regulations, such as ordering to suspend business for rectification, lowering the level of qualification and revoking the qualification certificate, shall be decided by the organ that issued the qualification certificate; Other administrative penalties shall be decided by the competent construction department or relevant departments in accordance with the scope of functions and powers stipulated by laws and regulations.
Article 52 Any functionary of a state organ who asks for, accepts, neglects his duty, abuses his power or engages in malpractices for personal gain shall be given administrative sanctions by his unit or the relevant competent department; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Chapter IX Supplementary Provisions
The fifty-third of this Ordinance since March 6, 2000.
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