Jiangsu Province Construction Market Management Regulations (full text)

Jiangsu Province Construction Market Management Regulations, according to the 11th Standing Committee of the Tenth People’s Congress of Jiangsu Province on August 20, 2004 The "Decision on Amending the Construction Market Management Regulations of Jiangsu Province" was revised for the second time at the meeting. The following is the full text of the Construction Market Management Regulations of Jiangsu Province:

Chapter 1 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, in accordance with the Construction Law of the People's Republic of China and the Construction Law of the People's Republic of China, The Tendering and Bidding Law of the People's Republic of China, the Contract Law of the People's Republic of China and other laws and relevant regulations are formulated in conjunction with the actual conditions of this province.

Article 2 The construction market referred to in these Regulations refers to the survey, design, and construction activities of all parties involved in civil engineering, construction engineering, line pipeline and equipment installation engineering, and decoration engineering activities after the construction project is approved. The transaction activities and venues for outsourcing, contracting, and intermediary services such as construction, supervision, and procurement of important materials and related equipment.

Those who engage in construction market activities and implement construction market supervision and management within the administrative region of this province must 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 departments of local people’s governments at or above the county level are the unified supervision and management departments of the construction market within their respective administrative regions.

If the people's government of a districted city or county (city) has a construction management department, and determines that some of the responsibilities related to the supervision and management of the construction market specified in these regulations shall be exercised by this department, such determination shall prevail.

Article 5: Water conservancy, transportation, electric power, postal service, telecommunications and other departments at or above the county level shall be responsible for the supervision and management of relevant professional construction projects in accordance with their respective responsibilities. For national construction projects approved in accordance with the authority and procedures prescribed by the State Council, if the state has other regulations on the management of construction projects, such regulations shall prevail.

The industrial and commercial, planning, economic and trade, finance, price, audit, labor, taxation and other departments at or above the county level shall do a good job in the relevant supervision and management of the construction market in accordance with their respective responsibilities.

Article 6 When engaging in construction market activities and implementing construction market supervision and management, the principles of unified openness, orderly competition and open, fair and equal competition shall be followed. No unit or individual may illegally restrict or exclude legal persons or other organizations outside the region or system from participating in competition, or disrupt the order of the construction market in any way.

Article 7 When engaging in construction market activities and implementing construction market supervision and management, project construction procedures and national and provincial project construction standards, specifications and procedures shall be strictly implemented, and relevant administrative leaders and responsible persons shall be responsible for project quality. A lifelong responsibility system for the legal representatives of participating units to ensure project quality and safety.

Chapter 2 Project Contracting

Article 8 For projects that are subject to bidding and contracting according to law, if there are relevant provisions of laws and administrative regulations, they shall be implemented in accordance with their provisions; if there are no provisions or the provisions are unclear , shall be implemented in accordance with the laws and regulations of this province regarding construction project bidding.

If direct contracting can be implemented in accordance with the law, the contracting party shall have technical and economic management personnel suitable for the project to be contracted, and the project shall be contracted to a contractor with corresponding qualifications; the contracting party shall not have If there are technical and economic management personnel suitable for the project, a unit with corresponding personnel should be entrusted to act as the agent.

Article 9 When a project is contracted, the contractor should have corresponding funds or the source of funds has been secured. When issuing a contract, the contract developer shall provide proof of funds in place, a payment guarantee issued by the bank where the account is opened, or a guarantee certificate issued by other third parties.

Article 10: Engineering project contracting shall be carried out in accordance with the engineering project management authority in the construction of engineering trading centers in provinces, cities divided into districts, and counties (cities).

Mechanical and electrical equipment bidding activities shall be carried out in accordance with relevant regulations of the national and provincial people's governments.

Article 11 If the outsourcing of survey, design, construction, supervision, procurement of important materials and related equipment and other services of an engineering project needs to be divided into several parts or sections, it shall be divided reasonably; it shall be done by one contractor If the work is completed by one person, the contractor shall not dismember it into several parts and distribute them to several contractors.

When contracting design business, except for special project design, the individual projects of the project shall be the minimum contracting unit allowed to be divided. If the developer contracts out the design business to several design contractors, it must select one design contractor as the main contractor to be responsible for the overall coordination of the entire project design.

When contracting out construction or supervision services, the unit project or bid section of the project shall be the minimum contracting unit allowed.

Article 12 The contractor shall not commit the following acts:

(1) Forcing the contractor or intermediary service agency to engage in activities that harm public safety or public interests or Activities that violate engineering construction procedures and standards, norms and procedures;

(2) Subcontracting projects to contractors who do not have qualification certificates or do not have corresponding qualification levels;

(3) Requiring the contractor to contract the project at a price lower than the cost of the contracted project or requiring the contractor to contract the project with advance capital, disguised advance capital or other unreasonable conditions;

(4) Directly award the project that should be tendered and contracted , or collude with the contractor to conduct false bidding;

(5) Leaking the bid base or providing the bidder's bidding documents and other relevant information to other bidders;

(6) Forcing Order the general contractor to implement subcontracting, or restrict the general contractor to subcontract the project to a designated subcontractor;

(7) The construction drawing design is not reviewed and qualified before construction bidding;

(8) Starting construction without completing the construction permit procedures in accordance with the law;

(9) Modifying survey and design documents and drawings without authorization;

(10) Forcing the contractor to purchase designated products Products of factories and suppliers;

(11) Default on project payments;

(12) Other acts prohibited by laws and regulations.

Chapter 3 Project Contracting

Article 13 Contractors for engineering project survey, design, construction, and supervision must use their own names and obtain the qualification certificates they have obtained in accordance with the law. Within the permitted business scope, contract independently or jointly with other contractors.

If two or more contractors have any of the following circumstances, one party shall not use the name or qualification certificate of the other party to contract the project business:

(1) There is no asset property rights connection between them, that is, There is no transfer of assets in the form of shares;

(2) There is no unified financial management, and independent accounting is implemented or disguised;

(3) There is no compliance with the prescribed requirements Personnel appointment, removal, transfer and employment procedures;

(4) Other situations stipulated by laws and regulations.

Article 14 Any form of project subcontracting and illegal subcontracting is prohibited.

Subcontracting means that after a contractor contracts a construction project, he transfers all the construction projects he has contracted to others or divides all the construction projects he has contracted and then transfers them to others for contracting in the name of subcontracting. Behavior.

Any of the following circumstances shall constitute illegal subcontracting:

(1) The general contractor subcontracts the construction project to a contractor who does not have the corresponding qualifications;

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(2) There is no agreement in the construction project general contract contract, and without the approval of the contractor, the contractor hands over part of the construction project contracted to others to complete;

(3) The general construction contractor subcontracts the construction of the main structure of the construction project to others;

(4) The subcontractor subcontracts the construction project contracted by it.

Article 15 The survey and design contractor shall prepare survey and design documents in accordance with relevant national regulations, and have them signed and sealed by the legal representative of the unit, the technical leader and relevant technical personnel. Design drawings must use the unit's special drawing label and be stamped with a special drawing stamp. Majors that implement the individual practice qualification system must also be signed by registered practitioners with corresponding qualifications in the unit and stamped with a special professional seal.

Article 16: The design documents provided by the design contractor shall indicate the specifications, models, performance and other technical indicators of the selected building materials, components and equipment.

The design contractor shall not designate manufacturers or suppliers, except in one of the following circumstances:

(1) There are no similar substitute products on the market;

(2) Confidential products;

(3) Original products need to be purchased during reconstruction or repair projects.

Article 17 When contracting a project, the construction contractor must establish a project management department that is suitable for the project. An engineering project management department and its project managers and main technical personnel shall not undertake the construction business of more than two main parts of large and medium-sized projects at the same time. If the state stipulates that the project manager is replaced by a registered construction engineer, the regulations shall apply.

Article 18 The construction contractor must apply for accident injury insurance and pay insurance premiums for the following personnel engaged in dangerous operations:

(1) Scaffolders of high-rise buildings;

(2) Tower crane installers;

(3) Engineering blasting workers;

(4) Manual digging pile workers;

(5) Personnel directly engaged in underwater operations;

(6) Other personnel stipulated by laws and regulations.

Article 19 Materials and equipment used in project construction must meet the design requirements and meet the following conditions:

(1) Have product name, manufacturer name, factory address and place of origin ;

(2) There is a product quality inspection certificate;

(3) Product packaging and trademark styles comply with relevant regulations and standard requirements;

(4) The equipment should have detailed instructions for use;

(5) For products subject to production license, license management or quality certification, the person responsible must have the corresponding license, license or certification certificate;

(6) Other conditions agreed in the contract.

Article 20: For projects that implement general contracting and subcontracting, the general contractor shall station corresponding management personnel at the subcontracting site.

The price of subcontracted projects shall be settled between the general contractor and the subcontractor. After receiving the project payment based on progress from the contractor, the general contractor shall promptly allocate the corresponding project payment for the subcontracted project to the subcontractor.

Article 21 The contractor shall not commit the following acts:

(1) Without a qualification certificate, obtain a qualification certificate by fraudulent means, or undertake engineering business beyond the scope permitted by the qualification level without authorization ;

(2) Using other people’s names to undertake engineering business by transferring, borrowing or misappropriating qualification certificates, seals, labels, etc.;

(3) Transferring or lending qualifications Certificates or providing seals, drawings, etc. to allow others to undertake engineering business in their own names;

(4) Forging, altering, copying qualification certificates, books, drawings, etc. to undertake engineering business;

(5) Collusion in bidding, raising or lowering bid prices, or using bribery, kickbacks or other benefits to undertake engineering business by means that affect fair competition;

(6) Failure to follow the original design Construction based on drawings and documents, cutting corners, or using building materials, construction components, and equipment that do not meet quality standards;

(7) Misappropriating project funds for other purposes;

(8) ) Personnel who use untrained or unqualified technical work and special operations;

(9) Other acts prohibited by laws and regulations.

Chapter 4 Intermediary Services

Article 22 Institutions engaged in intermediary service activities such as project cost consultation, bidding agency, construction supervision, and project inspection shall be established in accordance with the law and shall not be related to administrative agencies. The agency has a subordinate relationship or other interest relationship with other state agencies.

Engineering construction intermediary service agencies shall undertake the business within the business scope permitted by the qualification (qualification) certificate and complete it themselves, and shall not transfer it.

Professional and technical personnel engaged in intermediary service activities shall have professional qualifications suitable for the engineering business they undertake, and shall not practice in more than two intermediary service agencies at the same time. Businesses undertaken by intermediary service personnel shall be uniformly undertaken by intermediary service agencies.

Article 23 Project construction intermediary service agencies must abide by laws, regulations and national policies, strictly implement project construction standards, specifications and procedures; follow the principle of good faith and handle entrusted matters in accordance with the provisions of the contract , be responsible for the authenticity and accuracy of the information, data, conclusions, certificates, reports or other documents provided, ensure the quality of service activities and work results, and keep technical secrets and other business secrets.

Engineering construction intermediary service agencies shall collect intermediary service fees in accordance with relevant regulations of the national and provincial people's governments.

Article 24 Engineering construction intermediary service agencies shall not engage in the following acts:

(1) Engage in intermediary service activities in the name of others or allow others to engage in intermediary service activities in their own names;

(2) Accepting relevant business entrustments from both the developer and the contractor for the same project at the same time;

(3) Colluding with the developer or contractor to seek illegal benefits;

(4) Other acts prohibited by laws and regulations.

Project construction intermediary service agencies shall not have any affiliation or other interest relationship with the counterparty of the client.

Article 25: Project cost consultation shall be based on relevant national and provincial standards, specifications, quotas and relevant technical data, and strive to use project costs consistent with actual changes in the market.

When a project cost consulting unit accepts an entrustment to prepare a base bid, it shall not disclose the base bid and any information or information related to the base bid to any unit or individual other than the client.

Article 26 A bidding agency shall, in the name of the bidder, handle all or part of the following business within the scope entrusted by the bidder:

(1) Formulate a bidding plan, Prepare bidding documents;

(2) Organize on-site visits and answer questions;

(3) Formulate bid evaluation methods, organize bid opening and evaluation;

(IV) ) Drafting project contracts;

(5) Other bidding agency services that may be entrusted by the tenderer in accordance with the law.

Article 27 The following construction projects must be subject to supervision:

(1) National key construction projects;

(2) Large and medium-sized public utility projects;

(3) Residential area projects developed and constructed in large areas;

(4) Projects utilizing loans and aid funds from foreign governments or international organizations;

( 5) Other projects that must be supervised by the state.

Article 28: The chief supervisory engineer responsibility system shall be implemented for project construction supervision. The supervision unit shall dispatch chief supervision engineers and other supervision personnel with corresponding professional qualifications to the site to engage in supervision business.

If during the supervision process, the project supervision personnel find that the design documents do not meet the project quality standards or the quality requirements stipulated in the contract, they shall report to the construction unit and request the design unit to make corrections; if they find that the project construction does not comply with the construction technical standards and contract If required, the supervisory personnel have the right to require the construction contractor to make corrections; if they find that materials and equipment that do not meet the design requirements and national quality standards are used in the project, they have the right to notify the construction contractor to stop using them.

Article 29: When project supervisors are supervising project construction, the supervising engineer shall follow up the entire process of the project and supervise important processes and key parts.

Project supervisors must verify and accept visas for sub-projects and sub-projects in accordance with the construction procedures and on the basis of self-inspection by the construction unit. Without the verification of the visa by the supervisor, the construction unit shall not proceed with the next step of construction, and the construction unit shall not allocate project progress funds.

Article 30: Engineering inspection units shall be equipped with necessary equipment and instruments, adopt scientific inspection methods, and carry out engineering inspection activities.

The engineering inspection report shall include the following main contents:

(1) Test purpose, test content and test date;

(2) Testing instruments and equipment, Testing data, necessary calculation and analysis;

(3) Description of abnormal phenomena that occurred during the testing process;

(4) Evaluation conclusion.

Chapter 5 Project Contract

Article 31 After the construction contract of the construction project is signed, the contract developer shall submit the contract to the construction administrative department or relevant competent departments, industrial and commercial administration Department filing. Contracts may use model texts issued by the state and provinces.

Article 32 The project cost shall be based on the project quantity calculation rules and pricing methods stipulated by the state and the province, and shall be calculated based on the consumption specified in the quota and the corresponding fee standards, and shall be determined by the employer and the contractor. stipulated in the contract.

Article 33 The project period shall be reasonably agreed upon in the contract by the contractor and the contractor based on the construction period quota. If the contract is issued through bidding, it shall be stated in the bidding documents. The contractor shall not arbitrarily shorten the reasonable construction period.

Article 34 The contractor shall allocate project funds on time in accordance with the contract. If payment is not made within the time limit, the contractor may stop survey, design, construction and other activities, and has the right to require the contractor to compensate for losses caused by suspension of work, delay in work, etc.

If the contractor fails to complete the contracted business in accordance with the quality standards and construction period agreed in the contract, the contractor has the right to pursue its liability for breach of contract in accordance with the contract.

Article 35 The contractor shall promptly settle the project and pay the price as stipulated in the contract; if the contract does not stipulate the settlement period and price payment, the contractor shall prepare the project within one month after the acceptance of the unit's project. To complete the settlement letter, the contractor shall complete the review work and complete the project settlement within three months from the date of receipt of the contractor's settlement letter.

To pay the project price, the special invoice for project construction in Jiangsu Province supervised by the tax department should be used.

Article 36: Engineering projects that must be audited according to law shall be audited within the prescribed time limit. The regulations on audit deadlines shall be formulated by the Provincial People's Government.

Chapter 6 Supervision and Management

Article 37 The construction administrative department and other relevant departments shall supervise and manage construction units in accordance with the law.

For engineering projects that implement the project legal person responsibility system, the construction administrative department and other relevant departments should strengthen supervision and management of the personnel quality and organizational structure of the project legal person unit to meet the project management and technical requirements.

Article 38: The construction administrative department shall strictly determine the qualifications of survey, design, construction and intermediary service units, and implement an annual qualification inspection and dynamic management system.

Article 39 The construction administrative department and other relevant departments shall strengthen the supervision of construction project bidding activities in accordance with the law, improve bidding mechanisms such as bid opening, bid evaluation, and bid determination, and investigate and deal with construction project bidding activities. illegal activities.

Article 40: The construction administrative department shall strengthen the regulation and management of construction project trading centers and supervise the construction project trading centers to provide fair, efficient and high-quality services for construction project trading activities.

Article 41 The construction project trading center must formulate charters and rules, release project information in a timely and accurate manner, and shall not take discriminatory measures to restrict or exclude qualified units from participating in the competition, nor shall it replace tendering and bidding. The supervisory functions of other management agencies shall not replace the tenderee's right to organize bidding in accordance with the law, nor may they exercise the functions of a project bidding agency.

Article 42: The construction administrative department shall strengthen the training, assessment and management of construction market practitioners, and implement a certificate-based employment system in accordance with the law.

Article 43: The industrial and commercial administrative departments shall strictly register units engaged in construction market activities, and investigate and deal with violations of industrial and commercial administrative laws and regulations in the construction market.

Article 44: Staff members of the government and its relevant departments shall not take advantage of their authority or position to interfere in project contracting and contracting activities. Relevant government departments, public enterprises, or other operators with exclusive status according to law may not designate contractors or contractors to purchase their designated products.

Article 45: The construction administrative department shall establish a construction market complaint center, improve the complaint system, and effectively protect the legitimate rights and interests of complainants.

Chapter 7 Legal Responsibilities

Article 46 Legal responsibilities for violations of the provisions of these Regulations and their enforcement agencies, "Construction Law of the People's Republic of China", " If laws and regulations such as the Tendering and Bidding Law of the People's Republic of China and the Regulations on Quality Management of Construction Projects have provisions, those provisions shall prevail; if there are no provisions, the provisions of this chapter shall apply.

Article 47 If the contractor commits the acts specified in Items (6) and (10) of Article 12 of these Regulations, the construction administrative department shall order him to make corrections and impose a warning; if there is any illegal income Yes, illegal gains shall be confiscated.

Article 48 If the contract developer commits the acts specified in Article 21(4) of these regulations, the construction administrative department shall order him to make corrections, confiscate his illegal gains, and impose a fine of not less than 50,000 yuan and 100,000 yuan. A fine of less than RMB 10,000.

Article 49 In violation of the provisions of Article 17 and Article 22, paragraph 3, of these Regulations, a project management department and its project managers are responsible for the main parts of two or more large and medium-sized projects at the same time. Construction business, or practitioners engaged in engineering construction intermediary service business who practice in two or more intermediary service agencies at the same time, shall be ordered by the construction administrative department to make corrections and be given a warning; if they refuse to make corrections, their qualification levels will be reduced or their professional qualifications will be cancelled.

Article 50 If any project cost consulting unit, bidding agency or engineering testing unit violates the provisions of Article 24, Paragraph 1 (2) of these Regulations, they shall be ordered to do so by the construction administrative department. Correction, illegal gains will be confiscated, and a fine of not less than RMB 10,000 but not more than RMB 50,000 will be imposed.

Article 51 If the contract developer violates the provisions of these regulations and fails to pay the project price in a timely manner as stipulated in the contract, the contractor may urge the contract developer to pay the price within a reasonable period. If the contract developer fails to pay within the time limit, the contractor may agree with the contract developer to discount the project, or apply to the People's Court to auction the project in accordance with the law, unless the nature of the project is inappropriate for discounting or auctioning. The price of the project will be paid first based on the discount or auction price of the project.

Article 52 If a construction engineering trading center violates the provisions of Article 41 of these Regulations, the construction administrative department shall order it to make corrections and impose a warning; if it refuses to make corrections, the principal person in charge shall be punished. and the directly responsible persons shall be fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 53 If the construction administrative department and other relevant departments as well as the contract developers, contractors and intermediary service agencies violate these regulations, the persons in charge and other responsible persons who are directly responsible for them shall be punished. Punishments shall be imposed in accordance with the provisions of the Provincial People's Government on administrative penalties for illegal acts in project construction.

Anyone who violates the provisions of these Regulations and is subject to civil liability shall bear civil liability in accordance with the law; if it constitutes a crime, the judicial authorities shall pursue criminal liability in accordance with the law.

Article 54 If citizens, legal persons or other organizations are dissatisfied with specific administrative actions taken by the construction administrative department and other relevant departments, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

Chapter 8 Supplementary Provisions

Article 55 These Regulations shall come into effect on July 1, 2000. ;