The Regulations on the Administration of Construction Market in Jiangsu Province was revised for the second time according to the Decision on Amending the Regulations on the Administration of Construction Market in Jiangsu Province at the 11th meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on August 20, 2004. The following is the full text of the Regulations on the Administration of Construction Market in Jiangsu Province:
Chapter I General Provisions
Article 1 In order to strengthen the management of the construction market, standardize the behavior of the construction market, protect the legitimate rights and interests of the parties, and ensure the quality and safety of construction projects, 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), the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 The term "construction market" as mentioned in these Regulations refers to the trading activities and places where all parties involved in civil engineering, construction engineering, pipeline and equipment installation engineering, and decoration engineering conduct contracting, contracting and intermediary services such as survey, design, construction, supervision, procurement of important materials and related equipment after the construction project is approved.
Engaged in construction market activities within the administrative region of this province, the implementation of construction market supervision and management, shall abide by these regulations.
Article 3 Local people's governments at or above the county level shall take measures to actively cultivate the construction market, maintain market order and ensure the healthy development of the construction market.
Article 4 The construction administrative department of the local people's government at or above the county level is the unified supervision and management department of the construction market within its administrative area.
The people's government of a city or county (city) divided into districts has a construction management department, and some of the responsibilities related to the supervision and management of the construction market as stipulated in these Regulations shall be determined by this department.
Fifth water conservancy, transportation, electric power, postal services, telecommunications and other departments at or above the county level shall be responsible for the supervision and management of relevant professional construction projects according to their respective responsibilities. For national construction projects approved according to the authority and procedures stipulated by the State Council, if the state has other provisions on the management of construction projects, those provisions shall prevail.
Departments of industry and commerce, planning, economy and trade, finance, price, auditing, labor and taxation at or above the county level shall, according to their respective responsibilities, do a good job in the supervision and management of the construction market.
Article 6 The principles of unification, openness, orderly competition, openness, fairness and equal competition shall be followed when engaging in construction market activities and implementing supervision and management of the construction market. No unit or individual may illegally restrict or exclude legal persons or other organizations outside the local area or system from participating in the competition, and may not disturb the order of the construction market in any way.
Article 7 To engage in the construction market activities and implement the supervision and management of the construction market, the project construction procedures and national and provincial standards, norms and regulations shall be strictly implemented, and the relevant administrative leaders and legal representatives of the participating units shall be responsible for the project quality for life to ensure the project quality and safety.
Chapter II Project Contracting
Article 8 The relevant provisions of laws and administrative regulations shall apply to engineering projects that should be contracted by tender according to law. If there is no provision or the provision is not clear, it shall be implemented in accordance with the laws and regulations of this province on bidding for construction projects.
If direct contracting can be carried out according to law, the employer shall have technical and economic management personnel suitable for the contracted project and contract the project to a contractor with corresponding qualifications; If the employer does not have technical and economic management personnel suitable for the contracted project, it shall entrust a unit with corresponding personnel to act as an agent.
Article 9 When the project is awarded, the employer shall have the corresponding funds or the sources of funds have been implemented. When awarding the contract, the employer shall provide the certificate of capital availability, payment guarantee or other third-party guarantee issued by the bank where the account is opened.
Tenth project contracting, should be in accordance with the project management authority in the province, city and county (city) construction engineering trading center.
Mechanical and electrical equipment bidding activities in accordance with the relevant provisions of the state and the provincial people's government.
Article 11 Commercial contracts such as survey, design, construction, supervision, procurement of important materials and related equipment of a project need to be divided into several parts or lots, which shall be reasonably divided; Should be completed by a contractor, the employer shall not dismember it into several parts and contract it out to several contractors.
The contracting of design business, except for special engineering design, takes the single project of the project as the smallest contracting unit allowed to be divided. If the employer subcontracts the design business to several design contractors respectively, one design contractor must be selected as the main contractor to be responsible for the overall coordination of the whole project design.
The contracting of construction or supervision business shall be based on the unit project or the bid section of the project as the smallest contractor allowed to be divided.
Article 12 An employing unit shall not commit any of the following acts:
(a) forcing contractors and intermediary service agencies to engage in activities that harm public safety and interests or violate engineering construction procedures and standards, norms and regulations;
(2) contracting out the project to a contractor without qualification certificate or corresponding qualification grade;
(three) require the contractor to contract the project at a price lower than the cost of the contracted project, or require the contractor to contract the project with advance payment, disguised advance payment or other unreasonable conditions;
(four) directly contracting the project that should be contracted by tender, or colluding with the contractor to conduct false bidding;
(five) disclose the pre-tender estimate or provide other bidders with the bidding documents and other relevant information;
(six) forcing the general contractor to subcontract, or restricting the general contractor to contract the project to the designated subcontractor;
(seven) the construction drawing design has not been examined and qualified for construction bidding;
(eight) did not go through the construction permit formalities in accordance with the law to start construction;
(nine) to modify the survey and design documents and drawings without authorization;
(10) Forcibly require the contractor to purchase the products of the manufacturers and suppliers designated by it;
(eleven) arrears of project funds;
(twelve) other acts prohibited by laws and regulations.
Chapter III Project Contracting
Article 13 A contractor engaged in survey, design, construction and supervision of a project must independently contract in his own name or jointly contract with other contractors within the business scope permitted by his legally obtained qualification certificate.
If two or more contractors are under any of the following circumstances, one party may not use the name or qualification certificate of the other party to contract engineering business:
(a) there is no property right connection between them, that is, there is no transfer of assets by way of shares;
(two) there is no unified financial management, independent accounting alone or in disguise;
(three) there is no personnel appointment, removal, transfer and employment procedures that meet the prescribed requirements;
(4) Other circumstances stipulated by laws and regulations.
Article 14 Any form of subcontracting or illegal subcontracting is prohibited.
Subcontracting refers to the behavior that the contractor transfers all the contracted construction projects to others or dismembers all the contracted construction projects and then transfers them to others in the name of subcontracting.
In any of the following circumstances, it is illegal subcontracting:
(a) the general contractor subcontracts the construction project to a contractor who does not have the corresponding qualifications;
(two) there is no agreement in the general contract for construction projects, and without the consent of the employer, the contractor entrusts some of the construction projects it contracted to others to complete;
(three) the general contractor subcontracts the construction of the main structure of the building project to others;
(four) the subcontractor subcontracts the construction project it contracted.
Fifteenth survey and design contractors shall, in accordance with the relevant provisions of the state, prepare survey and design documents, which shall be signed and sealed by the legal representative, technical director and relevant technical personnel of the unit. Design drawings must use the special drawing label of the unit and be stamped with the special seal for drawings. Professions that implement the personal qualification system must also be signed by registered practitioners with corresponding qualifications and stamped with special seals for practice.
Sixteenth design documents provided by the design contractor shall indicate the specifications, models, performance and other technical indicators of the selected building materials, building components and equipment.
The design contractor shall not designate a manufacturer or supplier except in the following cases:
(1) There is no similar substitute product on the market;
(2) Belonging to confidential products;
(three) the original products need to be purchased in the reconstruction or repair project.
Seventeenth construction contractors in the contract project, must set up a project management department to adapt to the project. A project manager and main technicians of a project management department shall not undertake the construction business of more than two large and medium-sized projects at the same time. Where the state stipulates that the project manager shall be replaced by a registered construction engineer, such provisions shall prevail.
Article 18 The construction contractor must handle accidental injury insurance and pay the insurance premium for the following personnel engaged in dangerous operations:
(1) scaffolder of high-rise building;
(2) Tower crane installer;
(3) Engineering blasters;
(four) manual digging pile operators;
(five) personnel directly engaged in underwater operations;
(six) other personnel as prescribed by laws and regulations.
Nineteenth materials and equipment used in engineering construction must meet the design requirements and meet the following conditions:
(1) Product name, manufacturer's name, address and place of origin;
(2) Having a product quality inspection certificate;
(3) The product packaging and trademark style meet the requirements of relevant laws and standards;
(4) The equipment shall have a detailed instruction manual;
(5) For products subject to production license, license management or quality certification, the owner shall have the corresponding license, license or certification;
(6) Other conditions stipulated in the contract.
Twentieth general contracting and subcontracting projects, the general contractor shall send corresponding management personnel at the subcontracting site.
The subcontract works shall be settled by the general contractor and subcontractors. After receiving the project payment allocated by the Employer according to the schedule, the general contractor shall timely allocate the corresponding project payment to the subcontractor.
Article 21 A contractor shall not commit any of the following acts:
(a) without a qualification certificate, obtaining a qualification certificate by deception or undertaking engineering business beyond the scope permitted by the qualification grade without authorization;
(2) accepting engineering business in the name of others by means of accepting, lending or misappropriating qualification certificates, seals and drawings;
(3) Allowing others to undertake engineering business in their own name by transferring or lending qualification certificates or providing seals and drawings;
(four) to undertake engineering business by forging, altering or copying qualification certificates, account books and drawings;
(five) colluding in bidding, raising or lowering the bid price, or contracting engineering business with bribes, kickbacks or other interests that affect fair competition;
(six) do not follow the original design drawings and documents, cut corners, or use building materials, building components and equipment that do not meet the quality standards;
(seven) the project funds for other purposes;
(eight) the use of untrained or unqualified technical jobs and special jobs;
(nine) other acts prohibited by laws and regulations.
Chapter IV Intermediary Services
Twenty-second institutions engaged in engineering cost consultation, bidding agency, construction supervision, engineering testing and other intermediary service activities shall be established according to law, and shall not have subordinate relations or other interests with administrative organs and other state organs.
The engineering construction intermediary service institution shall undertake the business within the business scope permitted by the qualification certificate and complete it by itself, and shall not transfer it.
Professional and technical personnel engaged in intermediary service activities shall have the qualifications suitable for the engineering business undertaken, and shall not practice in more than two intermediary service institutions at the same time. The business undertaken by intermediary service personnel shall be uniformly undertaken by intermediary service institutions.
Twenty-third engineering construction intermediary service institutions must abide by laws, regulations and national policies, and strictly implement engineering construction standards, norms and procedures; Follow the principle of good faith, handle the entrusted affairs in accordance with the contract, be responsible for the authenticity and accuracy of the information, data and conclusions provided, certificates, reports or other documents issued, ensure the quality of service activities and work results, and keep technical secrets and other business secrets.
Engineering construction intermediary service institutions shall collect intermediary service fees in accordance with the relevant provisions of the state and provincial people's governments.
Twenty-fourth engineering construction intermediary service institutions shall not implement the following acts:
(a) in the name of others or allow others to engage in intermediary service activities in their own name;
(two) at the same time accept the employer and the contractor for the same project related business commission;
(3) colluding with the employer or the contractor to seek illegal interests;
(four) other acts prohibited by laws and regulations.
An engineering construction intermediary service institution shall not have subordinate relationship or other interest relationship with the relative person of the client.
Twenty-fifth project cost consultation should be based on the relevant national and provincial standards, norms, quotas and related technical data, and strive to use the project cost in line with the actual changes in the market.
When the engineering cost consulting unit accepts the entrustment to prepare the pre-tender estimate, it shall not disclose the pre-tender estimate and the information and materials related to the pre-tender estimate to any unit or individual other than the client.
Article 26 A procuratorial agency shall handle all or part of the following businesses in the name of the tenderer within the scope entrusted by the tenderer:
(a) to draw up the bidding scheme and prepare the bidding documents;
(2) Organizing on-site reconnaissance and answering questions;
(3) Drafting bid evaluation methods and organizing bid opening and bid evaluation;
(4) Drafting project contracts;
(five) other bidding agency business that the tenderer may entrust according to law.
Twenty-seventh the following construction projects must be supervised:
(1) National key construction projects;
(2) Large and medium-sized public utility projects;
(3) Residential development and construction projects;
(4) Projects using loans or aid funds from foreign governments or international organizations;
(five) other projects that the state must supervise.
Twenty-eighth engineering construction supervision to implement the general supervision engineer responsibility system. The supervision unit shall send the chief supervision engineer and other supervisors with corresponding professional qualifications to the site to engage in supervision business.
In the process of supervision, engineering supervisors shall report to the construction unit and ask the design unit to make corrections if they find that the design documents do not meet the engineering quality standards or the quality requirements agreed in the contract; If it is found that the project construction does not meet the technical standards and contract requirements, the supervisor has the right to ask the construction contractor to correct it; If it is found that the materials and equipment used in the project do not meet the design requirements and national quality standards, it has the right to notify the construction contractor to stop using them.
Twenty-ninth project supervision personnel in the project construction supervision, supervision engineer shall supervise the whole process of supervision; On-site supervision of important working procedures and key parts.
Engineering supervision personnel must, in accordance with the construction process, and on the basis of self-inspection by the construction unit, carry out acceptance visas for sub-projects and sub-projects. Without the visa verified by the supervision unit, the construction unit shall not carry out the construction of the next working procedure, and the construction unit shall not allocate the project progress payment.
Thirtieth engineering testing units shall be equipped with necessary equipment and instruments, adopt scientific testing methods and carry out engineering testing activities.
The engineering inspection report shall include the following main contents:
(a) The purpose, content and date of the test;
(2) Testing instruments and equipment, testing data, necessary calculation and analysis;
(3) A description of the abnormal phenomena in the detection process;
(4) Evaluation conclusion.
Chapter V Engineering Contract
Article 31 After the construction contract of a construction project is signed, the employer shall send the contract to the construction administrative department or the relevant competent department and the administrative department for industry and commerce for the record. The contract can use the model text issued by the state and the province.
Article 32 The project cost shall be calculated according to the engineering quantity calculation rules and valuation methods stipulated by the state and the province, according to the consumption specified in the quota and the corresponding charging standards, and shall be agreed by the employer and the contractor in the contract.
Article 33 The time limit for a project shall be reasonably agreed by the employer and the contractor in the contract according to the time limit quota. If the contract is awarded by tender, it shall be specified in the tender documents. The Employer shall not arbitrarily compress the reasonable construction period.
Article 34 The employer shall allocate the project funds on time as agreed in the contract. If the payment is not made within the time limit, the contractor may stop the survey, design, construction and other activities, and has the right to ask the employer to compensate for the losses caused by work stoppage or slowdown.
If the contractor fails to complete the contracted business in accordance with the quality standards and time limit agreed in the contract, the employer has the right to investigate its liability for breach of contract in accordance with the contract.
Article 35 The employer shall settle the project price in time according to the contract. If the settlement period and price payment are not stipulated in the contract, the contractor shall complete the settlement book within one month after the acceptance of the unit project, and the employer shall complete the audit and complete the project settlement within three months from the date of receiving the contractor settlement book.
The payment of the project price should use the special invoice for the project construction in Jiangsu Province supervised by the tax department.
Thirty-sixth projects that must be audited according to law shall be completed within the prescribed time limit. The provisions of the audit period shall be formulated separately by the provincial people's government.
Chapter VI Supervision and Administration
Thirty-seventh construction administrative departments and other relevant departments shall supervise and manage the construction unit according to law.
For projects that implement the project legal person responsibility system, the construction administrative department and other relevant departments shall strengthen the supervision and management of whether the personnel quality and organization of the project legal person unit meet the project management and technical requirements.
Thirty-eighth construction administrative departments shall strictly survey, design, construction and intermediary service units. Qualification, annual inspection and dynamic management system.
Article 39 The construction administrative departments and other relevant departments shall strengthen the supervision over the bidding activities of construction projects according to law, improve the bidding mechanisms such as bid opening, bid evaluation and bid selection, and investigate and deal with illegal acts in the bidding activities of construction projects.
Fortieth construction administrative departments should strengthen the standardization and management of construction engineering trading centers, and supervise the construction engineering trading centers to provide fair, efficient and high-quality services for construction engineering trading activities.
Article 41 The construction engineering trading center must formulate articles of association and rules, timely and accurately release engineering information, and shall not take discriminatory measures to restrict or exclude qualified units from participating in the competition, or replace the supervision function of management institutions such as tendering and bidding, or the right of tenderers to organize bidding according to law, or exercise the functions of engineering tendering agencies.
Forty-second construction administrative departments should strengthen the training, assessment and management of employees in the construction market, and implement the system of holding certificates according to law.
Article 43 The administrative department for industry and commerce shall strictly register the units engaged in construction market activities, and investigate and deal with violations of laws and regulations on industrial and commercial administration in the construction market.
Article 44 The staff of the government and its relevant departments shall not use their powers or positions to interfere in project contracting activities. Relevant government departments, public enterprises or other operators with exclusive status according to law shall not designate the employer or contractor to purchase the products designated by them.
Forty-fifth construction administrative departments should set up a complaint center for the construction market, improve the complaint system, and earnestly safeguard the legitimate rights and interests of complainants.
Chapter VII Legal Liability
Article 46. The legal liability for acts in violation of these regulations and the provisions of the implementing organs shall be governed by the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC), the Regulations on Quality Management of Construction Projects and other laws and regulations. Where there are no provisions, the provisions of this chapter shall apply.
Forty-seventh the employer has one of the acts listed in Item (6) and Item (10) of Article 12 of these regulations, and the construction administrative department shall order it to make corrections and give a warning; If there are illegal gains, the illegal gains shall be confiscated.
Article 48 If a construction unit commits the act in Item (4) of Article 21 of these Regulations, the construction administrative department shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.
Article 49 In violation of the provisions of the third paragraph of Article 17 and Article 22 of these regulations, if the project management department and its project manager undertake the construction business of two or more large and medium-sized projects at the same time, or employees engage in the intermediary service business of engineering construction practice in two or more intermediary service institutions at the same time, the construction administrative department shall order them to make corrections and give them a warning; Refuses to correct, reduce the level of qualification or cancel the qualification.
Article 50 Where an engineering cost consulting unit, a tendering agency or an engineering testing unit violates the provisions of Item (2) of Paragraph 1 of Article 24 of these Regulations, the construction administrative department shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.
Article 51 If the employer violates the provisions of these Regulations and fails to pay the project price in time as agreed in the contract, the contractor may demand the employer to pay the price within a reasonable time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the project or apply to the people's court for auction according to law, except that it is not suitable for discount or auction according to the nature of the project. The project price shall be paid prior to the project discount or auction price.
Fifty-second construction engineering trading center in violation of the provisions of article forty-first, the construction administrative department shall order it to make corrections and give a warning; Refuses to correct, the main person in charge and the person directly responsible shall be fined 1000 yuan to 5000 yuan.
Article 53 If the construction administrative department and other relevant departments, as well as the employer, contractor and intermediary service agency violate these regulations, the directly responsible person in charge and other responsible personnel shall be punished in accordance with the provisions of the provincial people's government on administrative sanctions for illegal acts in engineering construction.
In violation of the provisions of this Ordinance shall bear civil liability, shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Article 54 If a citizen, legal person or other organization refuses to accept a specific administrative act made by the construction administrative department and other relevant departments, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VIII Supplementary Provisions
The fifty-fifth of this Ordinance since July 6, 2000.
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