● Professional technical ability of the second-level constructor.
(1) Understand the laws and regulations of engineering construction, mandatory standards of engineering construction and industry management regulations;
(2) Have certain professional knowledge of construction management;
(3) Have certain practical experience and qualifications in construction management, and have certain construction organization ability, which can ensure the project quality and safe production.
● The business scope of the builder
(1) as the project manager of a construction project (-a first-class constructor can be the project manager of a construction project with the qualification of a second-class and below construction enterprise).
(2) Engaged in other construction management activities;
(three) other businesses as prescribed by laws, administrative regulations or the administrative department of construction in the State Council.
Laws refer to the normative documents formulated by the National People's Congress and its Standing Committee, and administrative regulations refer to the normative documents formulated by the State Council, the highest administrative organ of the country. Administrative regulations and rules are two different concepts: rules include administrative regulations and local regulations. Local laws and regulations refer to the normative documents with legal effect within their respective administrative areas, which are formulated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities where the people's governments at the provincial level are located and large cities approved by the State Council.
Registration management: concept: registered builder: 1. Professional and technical personnel who have passed the examination and obtained qualification certificates, registered professional certificates and professional seals according to regulations. 2. Those who have not obtained the professional seal of the registered professional certificate shall not be the project leader of the construction unit of large and medium-sized construction projects, and shall not engage in related activities in the name of registered construction engineer. (implication: the project leader of a small project does not necessarily need a builder)
Application for registration: acceptance, examination and approval of registration, and issuing authority: construction authorities of people's governments of provinces, autonomous regions and municipalities directly under the Central Government. On the approval of the registration, by the the State Council municipal construction authorities issued a unified style of "People's Republic of China (PRC) * * * and national second-class construction engineer registration certificate" and practicing seal, and within 30 days after the issuance of the certificate, reported to the the State Council municipal construction authorities for the record.
Example: Zhang is employed by a construction unit in Minhang District, Shanghai. June, 5438+October, 2006 10, I signed up for the second-level constructor exam in Pudong New Area, Shanghai. In April 2007, when he was working in a project in Nantong, Jiangsu, he was told that his architect had passed the exam and obtained the qualification certificate. Industrial and commercial registration, Zhang works in Fengxian. So Zhang Can can only apply for registration with the Shanghai Construction Bureau through his unit.
1. initial registration: application conditions: ① qualification certificate that has passed the examination or assessment; (two) employed by the relevant units; ③ Meet the requirements of continuing education; (4) There is no clear provision for non-registration. Provisions: ① Applicants for initial registration can apply within 3 years from the date of issuance of qualification certificates. Those who fail to apply within the time limit must meet the requirements of continuing education in this major before applying for initial registration. The following materials are required to apply for initial registration: 1. Application form for initial registration of registered construction engineer; Two copies of qualification certificate, academic certificate and identity certificate; 3. A copy of the employment labor contract signed by the applicant and the employing unit or other valid documents; 4 overdue application for initial registration, it shall provide proof materials that meet the requirements of continuing education.
2. Renewal of registration: If you need to continue practicing after the expiration of registration (3 years), you should apply for renewal of registration 30 days before the expiration of registration. If the registration is renewed, the validity period is 3 years. The following materials are required to apply for renewal of registration: 1. Application form for renewal of registration of registered architect; 3. Original registration certificate; 3. A copy of the employment labor contract signed by the applicant and the employing unit or other valid documents; 4. Proof that the applicant meets the requirements of continuing education within the validity period of registration.
Registration change: during the registration period, if a registered construction engineer changes his practice unit, he shall terminate the labor relationship with the original employer and go through the registration change procedures in accordance with the regulations. After the registration is changed, the original registration period will continue. To apply for change registration, the following materials shall be submitted: 1. Application form for registration change of registered construction engineer; 2. Registration certificate and practicing seal; 3. A copy of the labor contract signed between the applicant and the new employer or a valid certificate; 4. Proof of job burnout (proof of termination or expiration of the labor contract with the original employer, and retirement certificate of retirees). Note: Only the change of registration requires the submission of the practicing seal.
If a registered construction engineer needs to increase his professional practice, he shall apply for additional registration in accordance with the regulations and provide the corresponding qualification certificate. Premise: you must register in the same unit.
Unregistered: the applicant has one of the following circumstances: 1. Do not have full capacity for civil conduct; 2. Apply for registration in two or more units; 3 does not meet the requirements of continuing education of registered architects; 4. Being subjected to criminal punishment, which has not been completed; 5. Being subjected to criminal punishment for practicing activities, and less than 5 years have passed from the date of completion of the punishment to the date of applying for registration; 6. Being subjected to criminal punishment for reasons other than those specified in the preceding paragraph, and less than three years have passed since the date of punishment decision to the date of application for registration; 7. The registration certificate has been revoked for less than 2 years from the date of punishment decision to the date of application for registration; 8. During his tenure as a project manager within 3 years before the date of application for registration, a major quality and safety accident occurred in the project he was responsible for; 9. The employer of the applicant does not meet the requirements of the registered unit; 1people over 0.65 years old; 1 1. Other circumstances in which registration is not allowed according to laws and regulations. Over 65 years old; Other circumstances in which registration is not allowed according to laws and regulations.
The registration certificate and practicing seal are invalid: 1. The employer is bankrupt; 2. The business license of the employer is revoked; 3. The qualification certificate of the employer is revoked or withdrawn; 4. Dissolving the employment contract relationship with the employing unit; 5. The registration expires and the registration is not renewed; People over 6.65 years old; 7. Dead or without full capacity for civil conduct; 8. Other circumstances that cause the registration to be invalid.
(4) Withdrawal of registration certificate and practicing seal (also called cancellation of certificate and practicing seal)
In any of the following circumstances, the registration authority shall go through the cancellation procedures, take back the registration certificate and practicing seal or declare the registration certificate and practicing seal invalid: 1. The seal stipulated in these regulations is invalid; 2. Cancellation of registration according to law; 3. The registration certificate is revoked according to law; 4. Being subject to criminal punishment; 5. Other circumstances in which the registration shall be cancelled according to laws and regulations.
Practice management: the principle of practice scope stipulates that after registration, the builder has the right to be the project manager of the construction project and engage in the management of other construction activities in the name of the builder. According to the Interim Provisions on the Qualification System of Construction Engineers, the scope of construction engineers' practice includes: 1. As the project manager of the construction project; 2. Engage in other construction management activities; 3. Other businesses stipulated by laws, administrative regulations or the administrative department of construction in the State Council. According to the "Qualification Grade Standard for Construction Enterprises" promulgated by the Ministry of Construction, a first-class constructor can serve as a construction project manager with the qualification of super-class and first-class construction enterprises; A second-level constructor can be a construction project manager with the qualification of a second-level and below construction enterprise. Other businesses stipulated by the administrative department of construction in the State Council.
Specific provisions: The Regulations on the Administration of Registered Construction Engineers further stipulates the practice scope of construction engineers: 1. Provisions on business units: Persons who have obtained qualification certificates shall be employed by units with one or more qualifications such as construction engineering survey, design, construction, supervision, bidding agency and cost consultation, and can engage in corresponding practice activities only after registration. As the project leader of the construction unit, he should be employed and registered in an enterprise with construction qualification. 2. Post regulations: A registered construction engineer shall not be the project leader of the construction unit in more than two construction projects at the same time. Registered architects can engage in general contracting management or construction management, construction project management services, technical and economic consultation of construction projects and other businesses as stipulated by laws, administrative regulations and the competent construction department of the State Council. The relevant construction management documents formed in the construction activities of the construction project shall be signed by the registered architect and stamped with the practicing seal. The qualified documents signed by the construction unit must be signed and sealed by the registered construction engineer. Article 2 1 of the Regulations on the Administration of Registered Construction Engineers also points out that the specific scope of practice of registered construction engineers shall be implemented in accordance with the Standards for the Scale of Practice Projects of Registered Construction Engineers.
Rights enjoyed by registered architects: 1 Use the name of a registered architect; 2. Engaged in practicing activities within the prescribed scope; 3. Sign the documents formed in my practice activities and affix the practice seal; 4. Keep and use my registration certificate and practicing seal; 5. Explain and maintain my professional activities; 6. receive continuing education; 7. Get corresponding labor remuneration; 8. Make a statement about the violation of individual rights.
Obligations to be performed by registered architects: 1. Abide by laws, regulations and relevant management regulations, and abide by professional ethics; 2. Implement technical standards, norms and regulations; 3. Ensure the quality of internship results and assume corresponding responsibilities; 4. Receive continuing education and strive to improve the professional level; 5. Keep state secrets and other people's business, technology and other secrets known in practice; 6. Interested parties should take the initiative to avoid it; 7. Assist the registration authority to complete relevant work. A registered builder shall not commit any of the following acts: 1. Failing to perform the obligations of registered construction engineer; 2. In the course of practicing, asking for bribes, accepting bribes or seeking other benefits other than those stipulated in the contract; 3. Carrying out commercial bribery in the course of practicing; 4. Sign unqualified documents such as false records; 5. Allow others to practice in their own name; 6. Being employed or practicing in two or more units at the same time; 7. Alter, resell, lease, lend, copy or illegally transfer the qualification certificate, registration certificate and practicing seal in other forms; 8. Engaging in practicing activities beyond the scope of practice and the business scope of the employer; 9 other acts prohibited by laws, regulations and rules.
According to the standards of different majors, it is divided into four major project scale standards: housing construction, highway engineering, railway engineering, communication and broadcasting engineering, civil aviation airport engineering, port and waterway engineering, water conservancy and hydropower engineering, power engineering, mining engineering, smelting engineering, petrochemical engineering, municipal public works, electromechanical installation engineering and decoration engineering *** 14.
Supervision and management: The competent construction departments and relevant departments of the people's governments at or above the county level have the right to take measures when performing their duties of supervision and inspection: 1. Require the inspected personnel to show their registration certificates; 2. Require the employer of the inspected personnel to provide documents signed by relevant personnel and relevant business documents; 3. Ask the person who signed the document relevant questions; 4 to correct violations of relevant laws, regulations, these Provisions and engineering standards. Cancellation of registration: If a registered construction engineer engages in related activities illegally, the competent construction department of the local people's government at or above the county level or other relevant departments shall investigate and deal with it according to law, and inform the registration authority of the registered construction engineer of the illegal facts and handling results. If the registration should be revoked according to law, the competent construction department of the local people's government at or above the county level or other relevant departments in the place where the illegal act occurred shall promptly report the illegal facts, treatment suggestions and relevant materials to the registered construction engineer registration management institution. Under any of the following circumstances, the registration authority may cancel the registration of registered architects ex officio or at the request of interested parties: 1. The staff of the registration authority abuses their powers, neglects their duties and grants registration permission; 2 beyond the statutory authority to make a registration permit; 3. Approval of registration in violation of legal procedures; 4. Issuing registration certificates and practicing seals to applicants who do not meet the statutory requirements; 5. Other circumstances that can cancel our registration according to law. If the applicant is allowed to register by cheating, bribery or other improper means, it shall be revoked.
Construction engineer credit file management: registered construction engineers and their employing units shall provide true, accurate and complete credit file information of registered construction engineers to the registered institutions as required. The credit file of registered construction engineer shall include the basic information, performance, good behavior and bad behavior of registered construction engineer. Violation of laws and regulations, handling of complaints and reports, administrative penalties, etc. It should be recorded as a bad behavior in the credit file of registered construction engineer. The credit file information of registered construction engineer shall be publicized to the public in accordance with relevant regulations, and the public has the right to consult it.
The legal system (also called departmental law system) refers to all the existing legal norms of a country, which are divided into different legal departments according to certain standards and principles to form a harmonious organic whole.
The legal system includes the legal department: 1. Constitution; 2. Civil law; 3. Commercial law; 4. Economic law; 5. Administrative law; 6. Labor Law and Social Security Law; 7. Natural Resources and Environmental Protection Law; 8. Criminal law; 9. Procedural law.
Constitutional department: including: organic law of state organs, electoral law, law on regional ethnic autonomy, basic law of special administrative region, authorization law, legislative law, nationality law and other subordinate lower-level laws. Constitution is the foundation of the whole legal system.
Civil law: Civil law is a law to adjust the property relations and personal relations between citizens, legal persons and citizens and legal persons as equal subjects. Mainly: 1, general principles of civil law, separate civil law: contract law, guarantee law, trademark law, copyright law, marriage law, etc.
Commercial law: it is a law to adjust the commercial relationship or commercial behavior between equal subjects. Mainly includes: company law, securities law, insurance law, negotiable instrument law, enterprise bankruptcy law, maritime law and so on. Note: China implements the principle of "civil and commercial integration". Although commercial law is a relatively independent legal department, many concepts, rules and principles of civil law are also commonly used in commercial law.
Economic law: Economic law is a law to adjust the economic relations that occur in national economic management. Including: construction law, bidding law, anti-unfair competition law, tax law, etc.
Administrative law: it is the sum total of legal norms that adjust various social relations in state administrative activities. Including: administrative punishment law, administrative reconsideration law, administrative supervision law, public security management punishment law, etc.
Labor Law and Social Security Law: Labor Law is a law regulating labor relations, including: Labor Law Social Security Law is a law regulating social security and social welfare, including: Labor Safety Law and Fire Prevention Law.
Natural resources and environmental protection law: mainly including land management law, energy conservation law, environmental protection law, environmental impact assessment law, noise pollution prevention law, etc.
The law-making organ: