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工程建设项目实施阶段程序管理暂行规定 Ministry of Construction, Administration of Procedures During the Construction of Construction Projects Tentative Provisions

2006-05-16 15:22   我要纠错 | 打印 | 收藏 | | |

建建[1995]第494号
颁布日期:19950729  实施日期:19950729  颁布单位:建设部

  Article 1 These Provisions are formulated with a view to strengthening the administration of the construction market, regulating the procedures of construction during construction projects, and safeguarding the normal operation of the construction market in accordance with the relevant laws and regulations of the State.

  Article 2 The term “construction procedures during construction projects” used in these Provisions refers to the obligatory working procedures, including preparatory construction procedures, construction procedures and construction completion procedures for new construction, expanded construction and renovation, in the areas of civil engineering, wiring, conduit laying and equipment installation projects.

  Article 3 Unless laws and regulations stipulate otherwise, construction projects undertaken inside China, including construction projects undertaken by wholly foreign-owned companies, Sino-foreign joint ventures and Sino-foreign cooperative joint ventures shall comply with these Provisions.

  Article 4 Preparatory construction procedures shall comprise reporting the progress of construction projects, commissioning construction supervisors, inviting and submitting tenders and execution of concluded construction contracts. Construction procedures shall comprise procurement of construction permits and undertaking of actual construction. Construction completion procedures shall comprise examination and acceptance of construction projects upon completion of construction and the conducting of outstanding repair and maintenance works during a specified time period.

  Upon completion of the stage of reporting the progress of the construction project, works in the initial phase of construction shall be complete and the stage of preparatory construction shall commence. Upon obtaining a construction permit, the phase of preparatory construction shall be complete and the stage of completion of construction shall commence. The construction procedures of a construction project must be complete upon expiry of the specified time period for outstanding repairs and maintenance.

  Article 5 Following approval of the feasibility study report on a construction project or other relevant documents for preliminary examination and approval, the construction unit or its representative office shall report on the progress of the construction project, submit for examination the preliminary approved documents, including a bank's proof of credit, approved land use and other relevant documents, to the local construction administrative department-in-charge or its authorized body.

  Specific procedures involved in the reporting on the progress of a construction project shall be undertaken in accordance with the provisions of the Administration of the Reporting on the Progress of Construction Projects Procedures promulgated by the Ministry of Construction under Jian Jian [1994] Document No. 482.

  Article 6 Construction units shall have the ability to control and manage their construction projects. Should appropriate management ability be found to be lacking, the construction unit shall commission and contract a construction supervisory unit or other organisation with appropriate qualifications to manage the construction project work.

  Article 7 Apart from certain special construction items of a construction project for which open tender would be inappropriate, the undertaking of all other construction items should invite tenders. Tendering may take the form of open bidding, invitation and negotiation.

  Tenders for construction projects shall be handled in accordance with the provisions of the Administration of Tender for Construction Projects Procedures promulgated by the Ministry of Construction under Order No. 23.

  Article 8 A construction unit shall enter into a construction contract with a contractor when contracting out any construction projects. Should a main contractor wish to subcontract its contracted construction projects to other subcontractors, the main contractor shall enter into a subcontractor contract with subcontractors. The provisions of the subcontractor contract shall comply with the those of the construction contract. Should there be any discrepancies, the provisions of the construction contract shall prevail.

  A specimen contract from “Construction Contracts” (GF-91-0201) formulated by the State Administration for Industry and Commerce and the Ministry of Construction shall be the standard reference for the conclusion of any construction contracts. The provisions of the Administration of Construction Project Contracts Procedures, promulgated under Jian Jian [1993] Document No. 78, shall also be strictly implemented in this regard.

  Article 9 A construction unit shall, prior to commencing any construction work, go through the procedures for obtaining a construction permit with the construction administrative department-in-charge of the People's Government above county level, or its authorised department, in the place where the construction project is located. Where a construction permit has not been obtained, construction shall not commence.

  The procedure for obtaining and management of construction permits shall be handled in accordance with the provisions of the Administration of Construction Sites Provisions promulgated by the Ministry of Construction under Order No. 15.

  Article 10 Construction industry enterprises must have a quality certificate in order to be able to contract out construction projects, and shall only contract out construction projects within the permitted scope of business as stated in the quality certificate. Quality control of foreign enterprises contracting construction projects inside China shall be handled in accordance with the provisions of the Quality Control of Foreign Enterprises Contracting Construction Projects Inside China Tentative Rules, promulgated by the Ministry of Construction under Order No. 32.

  Construction project managers shall hold the quality certificate and shall only perform management duties that are within the permitted scope of business as stated in the quality certificate. Quality controls on project managers shall be handled in accordance with the provisions of the Administration of Quality Control of Project Managers of Construction Enterprises Rules promulgated by the Ministry of Construction under Jian Jian [1995] Document No. 1.

  Article 11 Upon delivery of architectural plans by a construction unit to a construction project contractor, the contractor shall organise the earnest study of the plans by the relevant personnel. Within one month following the delivery of the architectural plans, the construction unit shall take the lead in organising the architectural design, and participating contractors shall disclose their technological means and methods for accomplishing their projects. Minutes shall be taken for meetings convened for such purposes.

  Article 12 To ensure construction quality, site safety and a civilized way of undertaking construction, construction enterprises shall strictly comply with the provisions of relevant laws and regulations and construction technological standards, write up working procedures, and formulate measures to safeguard quality, safety, and a scientific and civilized way of undertaking construction.

  Article 13 Construction enterprises shall execute construction projects strictly in accordance with the approved architectural plans and construction contract, and the current State standards on examination and acceptance of construction projects. Should changes have to be made to an architectural plan during construction, [the construction enterprise] shall comply with the relevant regulations and procedures in so doing, and no revision shall be made without authorisation.

  Article 14 Units conducting construction, supervision and management, exploration and architectural design, and units in charge of the production and supply construction materials, spare parts and accessories, and equipment, shall bear responsibility for construction quality in accordance with the Administration of Construction Quality Rules promulgated by the Ministry of Construction under Order No. 29.

  Article 15 Construction enterprises shall strengthen site management in accordance with the provisions of the Administration of Construction Sites Regulations promulgated by the Ministry of Construction under Order No. 15.

  Article 16 Where any worker or staff member is injured or killed during contracted construction work, the construction enterprise shall earnestly report the matter, investigate and handle the case in accordance with the provisions of the Reporting and Handling Accidents Which Cause Death to and Injuries of Enterprise Workers Regulations promulgated by the State Council under Order No. 75 and the Reporting and Investigating Serious Construction Accidents Working Regulations promulgated by the Ministry of Construction under Order No. 3.

  Article 17 Construction quality monitoring organisations shall earnestly perform their duties and strengthen monitoring of construction quality in accordance with the provisions of the Administration of Monitoring Construction Quality Regulations promulgated by the Ministry of Construction under (90) Jian Jian Document No. 151.

  Construction safety supervisory organisations shall strengthen the supervision of construction safety in accordance with the provisions of the Administration of the Supervision of Construction Safety Regulations promulgated by the Ministry of Construction under Order No. 13.

  Article 18 Upon completion of construction, the construction project must promptly undergo examination prior to acceptance, and go through procedures to turn over the fixed assets related thereto, in accordance with the provisions of the Examination and Acceptance of Construction Projects Rules promulgated by the State Planning Commission under Jian She [1990] Document No. 1215.

  After a construction project is examined and found to be in satisfactory condition, construction units shall promptly settle their accounts with the construction enterprises in respect of the construction project, and shall not for whatever reason leave unpaid any outstanding sum incurred from the construction project.

  Article 19 The specified time period for outstanding repair and maintenance work shall refer to the period from the date of utilisation following the turn over [of the fixed assets] and examination and acceptance of the construction project up to one year after the above date, during which [a construction unit] shall be held liable for repair, maintenance and compensation for any discovered quality deficiencies.

  Unless special circumstances so necessitate or the contract otherwise stipulates, matters related to repair and maintenance during a specified time period, touch up work, damages and compensation shall be handled in accordance with the Administration of Construction Quality Provisions promulgated by the Ministry of Construction under Order No. 29.

  Article 20 Where the provisions on the administration of construction procedures of construction projects are violated, the party held liable shall be penalized in accordance with the provisions of the relevant laws, rules and regulations.

  Article 21 Construction administrative departments-in-charge of the People's Governments of provinces, autonomous regions, and directly-governed municipalities, and the relevant ministries of the State Council shall, in the light of the actual circumstances and in accordance with these Provisions, formulate implementing rules or detailed implementing rules, and submit these to the Ministry of Construction for the record.

  Article 22 These Provisions shall become effective as of the date of promulgation.

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