Full text of Guangxi Zhuang Autonomous Region construction engineering survey and design management regulations
Chapter I General Principles
Article 1 In order to standardize the survey and design activities of construction projects, strengthen the management of survey and design of construction projects, ensure the quality of construction projects, safeguard the safety of citizens' lives and property, safeguard public interests and protect the legitimate rights and interests of the parties involved in survey and design activities of construction projects, these Regulations are formulated in accordance with the relevant provisions of laws and regulations and in light of the actual situation of this autonomous region.
Article 2 These Regulations shall be observed when engaging in the survey and design activities of construction projects (hereinafter referred to as projects) within the administrative area of this autonomous region and supervising and managing the survey and design activities of projects.
Article 3 The term "engineering investigation" as mentioned in these Regulations refers to surveying, exploring, testing, comprehensive analysis and evaluation of topography, geology and hydrology according to the engineering construction objectives, so as to find out the geological and geographical environment characteristics of the engineering construction site and related areas, and provide the investigation results and related activities needed for construction.
The term "engineering design" as mentioned in these Regulations refers to the comprehensive planning and demonstration of engineering technology, civil engineering, architecture, public infrastructure, environment and other systems, and the preparation of design documents (including drawings and charts) and related activities according to the engineering construction objectives.
Article 4 A construction project shall be investigated and designed. No construction is allowed without engineering survey and design. Except as otherwise provided by laws and regulations.
Fifth construction administrative departments at or above the county level shall implement unified supervision and management of engineering survey and design within their respective administrative areas.
The relevant administrative departments of transportation, water conservancy, electric power, surveying and mapping shall, in accordance with the provisions of laws and regulations, supervise and manage the survey and design of related projects within their respective functions and powers.
Chapter II Qualification of Engineering Survey and Design
Sixth units engaged in engineering survey and design activities shall obtain the qualification certificate of engineering survey and design (hereinafter referred to as the qualification certificate).
Article 7 To apply for a qualification certificate, the following conditions shall be met:
(1) Having registered capital suitable for its grade;
(two) there are professional and technical personnel who are suitable for the engineering survey and design activities they are engaged in and have legal professional qualifications;
(3) Having the necessary technical equipment to engage in engineering survey and design activities;
(4) Other conditions stipulated by laws and administrative regulations.
The level of qualification certificate and application procedures shall be handled in accordance with the relevant provisions of the state and the autonomous region.
Article 8 Where an engineering survey and design unit changes its name, legal representative or suspends its business, cancellation, merger or division, it shall go through relevant formalities with the original qualification certificate examination and approval department within 30 days after the change or suspension, cancellation, merger or division.
Ninth professional and technical personnel engaged in engineering survey and design activities shall obtain the corresponding qualification certificate according to law, and engage in engineering survey and design activities within the scope permitted by the qualification certificate.
Engineering survey and design personnel shall not be employed by more than two survey and design units at the same time. Professionals from Hong Kong and Macao Special Administrative Regions who have obtained mainland registration qualifications through mutual recognition or examination, who have already practiced in Hong Kong and Macao Special Administrative Regions, may also be employed by survey and design units in this autonomous region.
Tenth engineering survey and design units shall not allow individuals or other units to undertake engineering survey and design business in their own names, and shall not transfer, lease or lend their qualification certificates, drawings and seals.
Chapter III Contracting and Contracting of Engineering Survey and Design
Eleventh engineering survey and design business contracting, should follow the principles of openness, justice and fairness, not limited by regions, departments and forms of ownership.
Twelfth construction units shall contract out the engineering survey and design business to engineering survey and design units with corresponding qualification certificates, and shall not contract out the business to individuals or units without qualification certificates or corresponding qualification certificates.
Thirteenth construction units shall carry out bidding for engineering survey and design projects.
Fourteenth people's governments at or above the county level to confirm the confidentiality, emergency rescue, disaster relief and other projects, you can not implement the survey and design bidding.
Fifteenth engineering survey and design units must undertake engineering survey and design business within the qualification level or business scope specified in their qualification certificates.
Individuals and units that have not obtained the qualification certificate shall not contract the engineering survey and design business.
No unit or individual may undertake engineering survey and design business in the name of scientific and technological consultation and technical service.
Sixteenth engineering survey and design business can be jointly contracted by two or more engineering survey and design units. The engineering survey and design units participating in joint contracting shall have the corresponding qualification certificates for contracting engineering survey and design business, perform contractual obligations and bear corresponding contractual responsibilities.
Seventeenth with the consent of the employer, the engineering survey and design unit may subcontract some of the individual projects in its contracted engineering survey and design business to other engineering survey and design units with corresponding qualification certificates.
Engineering survey and design units shall not subcontract their contracted engineering survey and design business to other engineering survey and design units in any form.
Eighteenth engineering survey and design fees shall implement the standards prescribed by the state and the autonomous region. Where the state and the autonomous region have not stipulated the charging standard, it shall be agreed by both parties to the contract.
Nineteenth construction units and their staff shall not accept bribes or kickbacks, fees and other benefits in engineering survey and design contracts.
Engineering survey and design units shall not take advantage of bribing the construction unit and its staff or giving kickbacks, handling fees and other benefits to undertake engineering survey and design business.
Chapter IV Supervision and Management of Engineering Survey and Design
Twentieth engineering survey and design units must be responsible for the quality of their survey and design, and bear the corresponding quality responsibility.
Engineering survey and design units shall establish a quality assurance system and implement quality control over the whole process of compiling engineering survey and design documents.
Article 21 The compilation of engineering survey and design documents shall be based on the approved project feasibility study report, abide by the provisions of relevant laws, regulations and rules, implement the technical standards, norms and provisions of the state and the autonomous region on engineering construction, and abide by the contract.
Engineering survey and design units have the right to refuse the employer or the relevant departments and their staff to violate the requirements specified in the preceding paragraph.
Article 22 The compilation of engineering survey and design documents shall be carried out in stages according to procedures to meet the quality requirements of engineering survey and design stipulated by the state.
The division of engineering investigation stages should meet the actual needs of engineering construction and meet the requirements of planning and site selection, feasibility study, design and construction.
The engineering design stage is divided into preliminary design stage and construction drawing design stage, urban large-scale civil construction projects, small and medium-sized civil buildings with high technical requirements, urban sculptures, etc. It also includes the scheme design stage.
Twenty-third engineering survey and design units shall not recommend obsolete and unqualified products, and shall not designate the use of materials, components and equipment of specific units.
Twenty-fourth engineering survey and design documents must be compiled by units with engineering survey and design qualifications. Engineering survey and design documents must indicate the name, qualification certificate grade and number of the compiling unit, which shall be signed by the legal representative of the unit, technical person in charge, survey and design personnel and registered practitioners of the corresponding profession, and stamped with the special seal for registered practitioners and other seals that must be stamped by the state.
Twenty-fifth engineering design documents need to be revised in the construction, the original design unit is responsible for the revision. With the consent of the original design unit, it can also entrust other design units with corresponding grade qualification certificates to make modifications. No other unit or individual may modify it without authorization.
The engineering design unit that revises the design document shall be responsible for the quality of the revised part of the engineering design document.
Twenty-sixth engineering survey and design units should cooperate with the project construction, explain the intention of engineering survey and design, explain the engineering survey and design documents, solve the technical problems in the construction of engineering survey and design, and participate in debugging and project completion acceptance.
On-site design representatives shall be stationed for major and complex projects as required.
Twenty-seventh engineering survey and design documents, computer software, patents, proprietary technologies and other intellectual property rights compiled by engineering survey and design units are protected by law, and no other unit or individual may plagiarize or plagiarize. Without the consent of the original engineering survey and design unit, it shall not be sold, transferred or reused without authorization.
Twenty-eighth construction administrative departments shall, jointly with relevant departments, strengthen supervision and inspection of the quality of engineering survey and design, and announce the inspection results to the public. Engineering survey and design units shall accept the supervision and inspection of the construction administrative departments and relevant departments on the quality of engineering survey and design.
Chapter V Legal Liability
Twenty-ninth acts in violation of these regulations, laws and regulations have been punished, from its provisions; Where there are no provisions in laws and regulations, it shall be handled in accordance with the provisions of these regulations.
Article 30 Whoever, in violation of the provisions of the third paragraph of Article 15 of these regulations, undertakes engineering survey and design business in the name of scientific and technological consultation and technical services shall be ordered to stop the illegal act, confiscate the illegal income and impose a fine of 1 10,000 yuan but not more than 50,000 yuan.
Thirty-first, in violation of the provisions of article nineteenth of this Ordinance, the directly responsible person in charge and other directly responsible personnel of the construction unit or engineering survey and design unit shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-second construction units in violation of the provisions of this Ordinance, one of the following acts, shall be ordered to make corrections, and may impose a fine of five thousand yuan and thirty thousand yuan:
(a) not according to the provisions of the engineering survey and design project bidding;
(two) the project is under construction without engineering survey and design;
(three) to modify the engineering survey and design documents without authorization.
If there is any act mentioned in Item (1) of the preceding paragraph, its contract awarding behavior is invalid, and it shall bear civil liability according to law.
Thirty-third engineering survey and design units in violation of the provisions of this Ordinance, one of the following acts, shall be ordered to make corrections, and may impose a fine of more than five thousand yuan to thirty thousand yuan, the illegal income shall be confiscated; If the circumstances are serious, the qualification level may be lowered or the qualification certificate may be revoked:
(a) the engineering survey and design unit changes its name and legal representative, or goes out of business, revokes, merges or divides, and fails to go through the relevant formalities as required;
(two) recommend eliminated or unqualified products in the engineering survey and design documents, or designate the use of materials, components and equipment of specific units.
Thirty-fourth engineering survey and design units due to work mistakes, resulting in survey and design quality accidents, it should be free to supplement the survey and design, modify and improve the survey and design documents. If economic losses are caused to the construction unit, the survey and design fees shall be reduced or exempted, and the corresponding liability for compensation shall be borne.
Thirty-fifth the provisions of this Ordinance to reduce the level of qualification and revoke the qualification certificate of administrative punishment, decided by the department that issued the qualification certificate; Other administrative penalties shall be decided by the construction administrative department or the relevant departments in accordance with laws and regulations within the scope of their functions and powers.
Thirty-sixth engineering survey and design supervision and management departments and their staff have one of the following acts, shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
Exceeding the authority or failing to examine and approve the qualification certificate according to the qualification conditions;
(two) dereliction of duty, abuse of power, favoritism or bribery.
If there is any act mentioned in Item (1) of the preceding paragraph, which leads to a major engineering quality accident, the person in charge of the unit shall be investigated for the corresponding responsibility according to law.
Chapter VI Supplementary Provisions
Article 37 These Regulations shall come into force as of May 2009 1999.
Construction engineering survey qualification
On June 26, 2007, People's Republic of China (PRC) and the Ministry of Construction issued the Regulations on the Management of Construction Engineering Survey and Design Qualification, emphasizing that enterprises engaged in construction engineering survey and design activities should apply for qualification based on their registered capital, professional and technical personnel, technical equipment and survey and design achievements, and only after passing the examination can they obtain the qualification certificate of construction engineering survey and design.
Engineering survey qualification is divided into comprehensive engineering survey qualification, engineering survey professional qualification and engineering survey service qualification.
The comprehensive qualification of engineering investigation is only Grade A; Engineering survey professional qualifications are divided into Grade A and Grade B. According to the nature and technical characteristics of the project, some majors can be Grade C. Engineering survey service qualifications are not graded.
Enterprises that have obtained the comprehensive qualification of engineering survey can undertake engineering survey business of all majors (except marine engineering survey) and all levels; Enterprises that have obtained the professional qualification of engineering survey can undertake the engineering survey business of corresponding grade and specialty; Enterprises that have obtained the qualification of engineering survey services can undertake geotechnical engineering management, engineering drilling, sinking and other engineering survey services.
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