Chapter I General Provisions
Article 1 In order to strengthen the management of survey and design of construction projects, standardize the market order of survey and design of construction projects, ensure the quality of construction projects, protect the safety of people's lives and property, and promote resource conservation and environmental protection, these Regulations are formulated in accordance with the People's Republic of China (PRC) Construction Law, the Regulations on the Administration of Survey and Design of Construction Projects in the State Council and other laws and administrative regulations, combined with the actual situation of this province.
Article 2 These Regulations shall apply to the survey and design activities of construction projects within the administrative area of this province and their supervision and management.
Article 3 The survey and design activities of construction projects mentioned in these Regulations include survey and design of construction projects and review of construction drawings.
The term "construction engineering survey" as mentioned in these Regulations refers to the activities of identifying, analyzing and evaluating the geological and geographical environment characteristics and geotechnical engineering conditions of the construction site and compiling the construction engineering survey documents according to the needs of the construction project.
The term "construction project design" as mentioned in these Regulations refers to the activity of comprehensively analyzing and demonstrating the technical, economic, resource and environmental conditions required by the construction project and compiling the design documents of the construction project according to the requirements of the construction project.
The "construction drawing review" as mentioned in these Regulations refers to the activities of the construction drawing review institution in accordance with the relevant provisions of the state to review the contents of the construction project survey documents and construction drawing design documents involving public interests, public safety and mandatory standards for engineering construction.
Article 4 The survey and design activities of construction projects shall follow the principles of fair competition, honesty and credibility. No region or department may block or monopolize the survey and design market.
The survey and design of construction projects shall adhere to the principles of energy saving, water saving, land saving and material saving, strictly implement the mandatory standards for construction projects, and meet the requirements of safety, practicality, environmental protection, economy and beauty.
Engaged in engineering construction activities, should first survey, design and construction.
Fifth provincial housing and urban construction administrative departments responsible for the supervision and management of the province's construction engineering survey and design activities.
The administrative department of housing and urban and rural construction of the city and county (city) with districts shall be responsible for the supervision and management of the survey and design activities of construction projects within their respective administrative areas.
Transportation, water conservancy and other relevant departments shall, in accordance with the division of responsibilities, do a good job in the management of survey and design activities of related construction projects.
Sixth to encourage the use of advanced technology, advanced technology, advanced equipment, new materials and modern management science in the survey and design activities of construction projects.
Construction engineering survey and design enterprises and personnel should create excellence and improve the level of survey and design.
Units and individuals that have made outstanding achievements in the survey and design activities of construction projects shall be selected and commended by the administrative department of housing and urban and rural construction in conjunction with relevant departments.
Seventh construction engineering survey and design industry should establish and improve the self-discipline organization according to law, strengthen industry self-discipline, standardize industry behavior, safeguard the legitimate rights and interests of employees and promote the healthy development of the industry.
Chapter II Qualification and Qualification
Eighth units engaged in construction engineering survey and design activities, the implementation of qualification management system.
Units engaged in the survey and design of construction projects shall go through the enterprise registration formalities according to law, and apply to the administrative department of housing and urban-rural construction for the qualification certificate of survey and design of construction projects.
Article 9 An enterprise that has obtained the qualification certificate of construction engineering survey and design shall, in accordance with the provisions of the national qualification standard for construction engineering survey and design, engage in construction engineering survey and design activities within the scope permitted by its qualification grade.
An enterprise that has obtained the qualification certificate of architectural engineering design can undertake the general contracting of architectural engineering, project management and related technical, consulting and management services corresponding to its qualification grade.
Tenth construction engineering survey and design qualification certificate is valid for five years. If it is necessary to extend the validity period of the qualification certificate, an application for extension shall be filed with the original issuing authority 60 days before the expiration of the validity period of the qualification certificate.
Eleventh construction engineering survey and design enterprises to terminate, merge or split, it should be in accordance with the relevant provisions of the original issuing authority to cancel the qualification certificate or re apply for a qualification certificate.
Article 12 Where the name, address, registered capital and legal representative of a construction engineering survey and design enterprise change, it shall go through the formalities for changing the qualification certificate at the original issuing authority within 30 days after the administrative department for industry and commerce goes through the formalities for changing.
Thirteenth construction engineering survey and design enterprise qualification conditions change, the provincial administrative department of housing and urban construction shall, in accordance with the provisions of the authority to adjust its qualification grade or cancel its qualification certificate.
Fourteenth construction engineering survey and design enterprises shall not have the following acts:
(1) Undertaking business beyond the scope permitted by the qualification grade;
(2) Forging, lending, transferring or selling qualification certificates or special seals for certificates;
(three) to undertake business in the name of other construction engineering survey and design enterprises;
(four) other acts prohibited by laws and regulations.
Article 15 Institutions engaged in construction drawing review activities of housing construction and municipal infrastructure projects shall, in accordance with the provisions of the state, apply to the provincial administrative department of housing and urban and rural construction for approval, and only after obtaining the qualification for construction drawing review can they undertake the construction drawing review business within the approved business scope.
Sixteenth construction drawing review institutions shall not have the following acts:
(a) engaged in construction drawing review beyond the approved business scope;
(two) the use of personnel who do not have the qualification for examination;
(3) Failing to take the examination according to the prescribed examination contents;
(four) issued a false construction plan review certificate;
(five) engaged in consulting services such as survey and design of construction projects other than construction drawing review;
(six) found that the illegal behavior is not timely reported to the administrative department of housing and urban construction;
(seven) other acts prohibited by laws and regulations.
Seventeenth professional and technical personnel engaged in construction engineering survey and design activities, the practice qualification registration system. The registration and management of professional and technical personnel qualifications shall be implemented in accordance with the relevant provisions of the state.
Unregistered construction engineering survey and design personnel shall not engage in construction engineering survey and design activities in the name of registered practitioners.
Eighteenth registered practitioners and other professional and technical personnel engaged in construction engineering survey and design activities, can only be employed by a construction engineering survey and design enterprise or construction drawing review agency; Personnel who are not employed by construction engineering survey and design enterprises or construction drawing review institutions shall not engage in construction engineering survey, design and construction drawing review activities.
It is forbidden to forge, lend, transfer or sell the registered practice certificate or the special seal for registered practice.
Nineteenth housing and urban construction administrative departments shall establish and improve the statistical reporting system and credit file system of construction engineering survey and design enterprises and construction drawing review institutions.
Construction engineering survey and design enterprises and construction drawing review institutions shall submit statistical statements to the administrative departments of housing and urban and rural construction in accordance with the provisions, and provide true, accurate and complete credit file information.
Credit files shall include the basic information, service quality and credit status of construction engineering survey and design enterprises, construction drawing review institutions and their registered practitioners.
Twentieth housing and urban construction administrative departments shall conduct dynamic management of construction engineering survey and design enterprises and construction drawing review institutions and their registered practitioners and other professional and technical personnel, and regularly supervise and inspect and publish the inspection results.
Registered practitioners of construction engineering survey and design and other professional and technical personnel shall receive continuing education in accordance with the provisions.
Chapter III Contract Issuing and Contracting
Twenty-first of the construction engineering survey and design projects that should be subject to tender according to laws and regulations, the construction unit shall organize bidding in accordance with the principles of openness, justice and fairness, and select the best contractor.
It is forbidden to contract out construction engineering survey and design projects to units or individuals without qualification certificates or corresponding qualification grades.
Article 22 The bid evaluation of survey and design of construction projects shall be conducted by a bid evaluation committee established according to law. The bid evaluation committee shall make a comprehensive evaluation according to the advantages and disadvantages of the survey and design scheme, the performance and reputation of the bidder and the ability of the survey and design personnel.
If the construction unit needs to comprehensively adopt the contents of the unsuccessful survey and design scheme, it shall obtain the consent of the bidder of the survey and design scheme and pay the use fee to it.
Twenty-third important landmark buildings and structures, buildings and structures that affect the urban landscape and public interests, and major municipal infrastructure projects, the construction unit shall organize expert review and solicit public opinions.
Twenty-fourth construction units shall contract out the survey and design projects of construction projects to survey and design enterprises. The survey and design of large-scale or technically complex construction projects can be contracted out to more than two survey and design enterprises, and one of them can be selected as the main survey and design enterprise to be responsible for the overall coordination of the project.
Twenty-fifth civil residential construction projects in fire protection, civil air defense, seismic fortification, lightning protection, water supply and drainage, power supply, gas supply, heating, television, communications and other professional design, should be unified with the construction project commissioned survey, design, not a separate contract.
The design of water supply, power supply, gas supply, heating and other professional operating facilities and equipment invested by professional business units shall be implemented in accordance with relevant regulations.
Article 26. With the written consent of the construction unit, a general contracting enterprise that contracts the whole construction project survey and design may subcontract some professional or non-main business of the survey and design contracted to other survey and design enterprises with corresponding qualification grades; A subcontracting enterprise shall not subcontract its business. Subcontractors are responsible for the general contracting enterprise, which is responsible for the construction unit.
Construction engineering survey and design enterprises shall not subcontract all contracted survey and design business to other units or individuals in any form.
Twenty-seventh construction units and construction engineering survey and design project contracting enterprises shall refer to the model contract text recommended by the state and the province, and sign the construction engineering survey and design contract.
The contracting enterprise shall, within 30 days from the date of signing the contract, submit the contract to the administrative department of housing and urban and rural construction where the project is located for the record.
Twenty-eighth construction units and construction engineering survey and design project contracting enterprises shall implement the national and provincial construction engineering survey and design fees, and shall not lower the construction engineering survey and design fees in violation of regulations.
Article 29 Enterprises engaged in the survey and design of construction projects outside the province and abroad who come to this province to undertake the survey and design of construction projects shall go through the filing procedures with the administrative department of housing and urban and rural construction of the province, and no fees shall be charged for the filing.
Thirtieth it is forbidden for any unit or individual to interfere with or obstruct the construction project survey, design contracting and contracting activities carried out according to law.
The relevant administrative departments shall supervise the bidding activities of construction project survey and design, and investigate and deal with illegal acts in bidding activities according to law.
Chapter IV Compilation and Examination of Documents
Article 31 The compilation of survey and design documents for construction projects shall conform to the provisions of laws and regulations on land management, soil and water conservation, cultural relics protection, fire safety and flood control, and meet the requirements of urban and rural planning and earthquake prevention and disaster reduction.
The survey and design documents of construction projects shall prepare special articles on environmental protection and energy-saving design, adopt advanced design concepts and technologies, improve the level of environmental protection, and reduce energy consumption and construction costs.
Article 32 The design of office buildings and large public buildings of state organs shall include itemized electricity metering devices and energy-saving monitoring systems.
Residential buildings that implement central heating should design heat metering devices and meet the requirements of household metering.
Urban residential buildings with solar energy utilization conditions and public buildings with central hot water supply shall be equipped with solar light and heat utilization systems in accordance with regulations, and designed synchronously with building integration.
Encourage real estate development enterprises to carry out integrated design and construction of architectural decoration for the commercial houses they sell.
Thirty-third construction project survey documents are generally divided into two stages: preliminary survey and detailed survey. The project scale is small, the geological conditions and engineering structure are simple, and it can be merged appropriately.
The preliminary investigation documents shall meet the requirements of planning and site selection, feasibility study and preliminary design document preparation of the construction project; Detailed investigation documents shall meet the requirements of geotechnical control, preparation of construction drawing design documents and engineering construction.
Thirty-fourth construction project design documents are generally divided into three stages: scheme design, preliminary design and construction drawing design. Belong to the scope of small construction projects, can be appropriately merged; Unless otherwise stipulated by the state, such provisions shall prevail.
The scheme design documents should meet the needs of compiling preliminary design documents and controlling budgetary estimates; The preliminary design documents shall meet the needs of compiling construction bidding documents, ordering main equipment and materials and compiling construction drawing design documents; Construction drawing design documents shall meet the needs of equipment and materials procurement, non-standard equipment production and engineering construction, and indicate the reasonable service life of the construction project.
Thirty-fifth construction engineering design enterprises shall not prepare construction drawing design documents for construction projects that have not obtained the permission procedures for urban and rural construction planning.
Thirty-sixth construction engineering survey and design documents shall meet the following requirements:
(1) Conforming to the survey and design standards, norms and regulations;
(two) in accordance with the provisions of the survey and design contract;
(three) the signatures of registered practitioners and other professional and technical personnel;
(four) the signature of the legal representative of the enterprise, the person in charge of technology or its client;
(five) stamped with the special seal for qualification certificate and special seal for registered personnel;
(6) Other requirements stipulated by laws and regulations.
Thirty-seventh after the completion of the construction project survey documents, the construction unit shall send the documents to a qualified construction drawing review agency for the construction project survey and review.
Without the basis of survey documents, the survey documents have not been examined or failed to pass the examination, the construction engineering design enterprise shall not carry out the construction engineering design.
Thirty-eighth large and medium-sized construction projects invested by the government, after the preparation of the preliminary design documents, the construction unit shall, according to the scale of the project, apply to the administrative department of housing and urban and rural construction in the province or city divided into districts for preliminary design review. Without examination or unqualified examination, the construction unit shall not deliver the construction.
To apply for preliminary design review, the following materials shall be submitted:
(a) the construction project survey documents;
(two) the preliminary design documents of the construction project;
(3) Project approval documents;
(four) the approval documents of the administrative departments in charge of urban and rural planning, land and resources, environmental protection, fire protection and production safety;
(5) Other materials required by laws and regulations.
The preliminary design review of transportation, water conservancy and other professional construction projects shall be conducted in accordance with the relevant provisions of the state.
Thirty-ninth overrun construction project after the completion of the preliminary design documents, the construction unit shall apply to the provincial administrative department of housing and urban and rural construction for special review of seismic fortification; After the design documents of schools, kindergartens, hospitals and other construction projects are compiled, the construction unit shall apply to the administrative department of housing and urban and rural construction of the city with districts for special examination of seismic fortification.
The out-of-gauge construction projects and the construction projects of schools, kindergartens, hospitals, etc. shall not be delivered to the construction unit for use without special examination of seismic fortification or unqualified examination.
The term "out-of-code construction project" as mentioned in this article refers to a construction project that exceeds the applicable height and applicable structural type stipulated in the current national codes and regulations, or has a particularly irregular shape, and should be subject to special examination for seismic fortification according to the provisions of the state.
Fortieth to declare the special review of seismic fortification, the following materials shall be submitted:
(a) the main contents, technical basis and feasibility report of the design;
(2) Main seismic measures;
(three) the construction project survey documents;
(four) the main results of structural design and calculation;
(5) Analysis of weak parts of the structure and corresponding measures;
(6) Preliminary design documents;
(seven) other materials required by laws and regulations.
Forty-first after the completion of the construction drawing design documents, the construction unit shall send the documents to the construction drawing review agency for review. If the construction drawing design documents have not been examined or failed to pass the examination, the construction unit shall not deliver the construction.
The construction drawing review institution shall conduct a technical review of the contents of the construction drawing design documents involving public interests, public safety and mandatory standards for engineering construction. For those who pass the examination, a certificate of examination shall be issued; If the examination is unqualified, it shall put forward written opinions.
The construction drawing review institution shall review the construction drawings of housing construction and municipal infrastructure projects in accordance with the relevant provisions, and report to the administrative department of housing and urban and rural construction for the record.
The review of construction drawings and design documents of transportation, water conservancy and other professional construction projects shall be carried out in accordance with the relevant provisions of the state.
Forty-second construction project survey and design documents after examination, no unit or individual shall be allowed to modify. If it is really necessary to modify it, it shall be undertaken by the original construction engineering survey and design enterprise; If the original construction engineering survey and design enterprise is unable to undertake or with its written consent, the contracting unit may entrust other construction engineering survey and design enterprises with corresponding qualifications to make modifications. Enterprises that modify survey and design documents shall be responsible for the modification.
The construction unit shall send the revised construction drawing design documents to the original construction drawing review institution for re-examination.
Chapter V Quality Management
Forty-third construction engineering survey and design enterprises should establish and improve the quality assurance system and accountability system.
Construction engineering survey and design enterprises and their legal representatives are responsible for the survey and design documents compiled by their own units.
Technical leaders, registered practitioners and other professional and technical personnel of construction engineering survey and design enterprises are responsible for the survey and design documents signed and sealed by them.
Forty-fourth construction drawing review institutions and their reviewers shall complete the technical review of construction engineering survey documents and construction drawing design documents within the time specified by the state, and be responsible for the documents reviewed.
Forty-fifth construction units shall provide original materials related to construction projects to construction engineering survey and design enterprises, and be responsible for the completeness, authenticity and accuracy of the original materials provided.
The construction unit shall not require the construction engineering survey and design enterprises to conduct survey and design in violation of laws, regulations or construction engineering quality standards, safety standards and energy-saving requirements; Shall not arbitrarily compress the reasonable survey and design cycle of construction projects.
Article 46 The legal representatives and directly responsible personnel of the construction unit and the construction engineering survey and design enterprise shall, within the reasonable service life of the construction project and according to their respective responsibilities, be responsible for the survey and design matters of the construction project that they handle or are responsible for.
Forty-seventh before the construction project starts, the construction unit shall organize the construction project survey and design enterprises to explain the construction project survey and design intentions to the construction enterprises and supervision enterprises, and explain the construction project survey and design documents.
Construction engineering survey and design enterprises shall provide technical services at the construction site, participate in project acceptance in accordance with state regulations, and cooperate with relevant departments to investigate construction engineering quality accidents.
Forty-eighth construction and supervision enterprises shall carry out construction and supervision in accordance with the construction drawing design documents and construction technical standards that have passed the examination. In the process of construction and supervision, it is found that there are mistakes and omissions in the construction drawing design documents, and it shall be put forward to the construction unit and the construction engineering design enterprise in time. Construction units and construction engineering design enterprises shall deal with them in a timely manner.
Forty-ninth provincial housing and urban construction administrative departments shall organize the relevant units to prepare the general standard design of construction projects and the application standard design of construction-related products. Architectural engineering design enterprises should give priority to standard design when designing.
Fiftieth housing and urban and rural construction, transportation, water conservancy and other administrative departments shall establish and improve the survey and design quality management system, supervision and inspection mechanism and quality accident reporting system, and implement the construction project survey and design liability insurance system.
Chapter VI Legal Liability
Fifty-first acts in violation of the provisions of this Ordinance, laws and regulations have provisions on legal liability, from its provisions.
Fifty-second in violation of the provisions of this Ordinance, the construction unit has one of the following acts, the administrative department of housing and urban construction shall be ordered to make corrections, and shall be punished in accordance with the following provisions:
(a) the preliminary design documents of large and medium-sized construction projects invested by the government are delivered to the construction without examination or unqualified examination, and a fine of more than 200,000 yuan and less than 500,000 yuan is imposed;
(two) overrun construction projects and schools, kindergartens, hospitals and other construction projects without special review of seismic fortification or unqualified delivery, a fine of two hundred thousand yuan and five hundred thousand yuan.
Fifty-third in violation of the provisions of this Ordinance, the construction engineering survey and design enterprises have one of the following acts, shall be punished by the administrative department of housing and urban construction:
(a) failing to change the qualification certificate in time, the qualification certificate licensing authority shall order it to change within a time limit; Fails to handle, punishable by a fine of one thousand yuan and ten thousand yuan;
(2) Whoever forges, lends, transfers or sells the qualification certificate or the special seal for the qualification certificate shall be ordered to make corrections, given a warning, and fined 1 10,000 yuan but not more than 30,000 yuan;
(three) failing to submit statistical statements and credit file information to the administrative department of housing and urban and rural construction in accordance with the regulations, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than one thousand yuan but not more than ten thousand yuan shall be imposed;
(four) did not sign the construction project survey and design contract submitted to the administrative department of housing and urban construction for the record, shall be ordered to make corrections within a time limit; Overdue correction, punishable by a fine of thirty thousand yuan;
(five) outside the province, overseas construction engineering survey and design enterprises to the province contracted construction engineering survey and design projects did not go through the filing procedures, shall be ordered to make corrections within a time limit; Overdue correction, punishable by a fine of thirty thousand yuan;
(six) the design of office buildings and large public buildings of state organs does not include electricity metering devices and energy-saving monitoring systems, and it shall be ordered to make corrections, and a fine of100000 yuan to 300000 yuan shall be imposed;
(seven) for residential buildings that implement central heating without designing household heat metering devices, they 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;
(eight) for urban residential buildings with solar energy utilization conditions and public buildings with central heating water, if the integrated synchronous design is not carried out in accordance with the regulations, it shall be ordered to make corrections and be fined100000 yuan to 300000 yuan;
(9) If a construction engineering design enterprise prepares construction drawing design documents for a construction project that has not obtained the permission procedures for urban and rural construction planning, the illegal income shall be confiscated and a fine of more than 2 times the design fee agreed in the contract shall be imposed. If the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate.
Article 54 In violation of the provisions of these Regulations, registered practitioners of construction engineering survey and design and other professional and technical personnel forge, lend, transfer or sell their registered practice certificates or special seals for registered practice, and the administrative department of housing and urban and rural construction shall order them to stop their illegal acts, confiscate their illegal income and impose a fine of less than five times their illegal income; If the circumstances are serious, it shall be ordered to stop its business or revoke its registered practice certificate.
Fifty-fifth in violation of the provisions of this Ordinance, the construction drawing review agency has one of the following acts, the administrative department of housing and urban construction shall order it to make corrections, and impose a fine of ten thousand yuan or more and thirty thousand yuan or less; If the circumstances are serious, the provincial administrative department of housing and urban construction shall revoke its qualification:
(a) engaged in construction drawing review beyond the approved business scope;
(two) the use of personnel who do not have the qualification for examination;
(three) not in accordance with the provisions of the review;
(four) found that the illegal behavior did not report to the administrative department of housing and urban and rural construction in a timely manner.
In violation of the provisions of this Ordinance, if the construction drawing review institution issues a false review certificate, the review certificate is invalid, and the illegal income shall be confiscated by the administrative department of housing and urban-rural construction, and a fine of thirty thousand yuan shall be imposed; If the circumstances are serious, the provincial administrative department of housing and urban and rural construction shall revoke its qualification.
Fifty-sixth in violation of the provisions of this Ordinance, the construction unit, construction engineering survey and design enterprises and construction drawing review institutions cause losses to others, shall be liable for compensation according to law.
If a unit is fined in accordance with these regulations, the legal representative of the unit and the person directly responsible shall be fined not less than five percent but not more than ten percent of the amount of the unit fine.
Fifty-seventh housing and urban construction administrative departments and other relevant departments in violation of the provisions of this Ordinance, one of the following acts, 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:
(a) in violation of the provisions of the review or issuance of construction engineering survey and design enterprise qualification certificate, construction drawing review agency documents;
(two) after issuing the qualification certificate of the construction engineering survey and design enterprise and the identification document of the construction drawing review institution, failing to perform the supervision and management duties or failing to investigate and deal with the illegal acts of the construction engineering survey and design according to law;
(three) failing to conduct preliminary design review and special review of seismic fortification in accordance with the provisions;
(4) Setting pre-approval conditions or other forms of restrictions on survey and design enterprises undertaking survey and design business across regions, or charging fees;
(five) other acts of abuse of power, dereliction of duty, favoritism.
Chapter VII Supplementary Provisions
Fifty-eighth military construction projects, emergency rescue and disaster relief and other temporary buildings and farmers' homestead self-built residential survey and design activities, these regulations are not applicable.
Article 59 These Regulations shall come into force as of 20 10 12 1.
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