【 Weak current College 】 construction enterprise quality management regulations

Construction enterprise quality management regulations
People's Republic of China Construction Ministry order No. 159
The construction enterprise quality management regulations in 2006 December 30, the Ministry of construction 114 discussions by the meeting, is hereby published since September 1, 2007. Wang guangtao, Minister of construction,
2007 June 26 construction enterprise quality management regulations Chapter 1 General provisions article 1 in order to strengthen the supervision and management of construction activities, the protection of public interests and building market order, ensure the quality and safety of construction project, under the People's Republic of China building law, administrative law, People's Republic of China construction project quality management Ordinance, the construction safety management regulations, and other laws, administrative regulations, the enactment of this provision. 　　Article 2: applications for the construction industry in the People's Republic of China Enterprise qualification, implementation on the qualification of construction supervision and management, application of this provision. 　　This provision stated that construction enterprises, is engaged in civil engineering, construction engineering, line pipe equipment installation engineering, decoration engineering of new, expanded and reconstructed, and other activities of the enterprise. 　　Article 3 shall, in accordance with its construction enterprises have registered capital, professional and technical personnel, equipment and building works already completed qualification performance conditions, following a review of the qualified, construction enterprises qualification certificate before the qualification license within the scope of the activities involved in building construction. Article 4 the competent authorities of the State Council building is responsible for the national construction industry qualification of consolidated supervision. 　　The State railway, transportation, water conservancy, information industry, civil aviation, and other relevant departments of the State Building Department in charge of the implementation of the relevant qualification category construction enterprise quality management. Provinces, autonomous regions and municipalities directly under the central building Administration Department is responsible for the administrative region construction Enterprise qualification of consolidated supervision. Provinces, autonomous regions and municipalities directly under the central transportation, water conservancy, information industry and other relevant departments with similar construction departments implement the administrative region related qualification category construction enterprise quality management. 　　Chapter II qualification series, category, and level 5 construction Enterprise intelligence into construction general contractor, specialized contract and labor subcontracting three sequences. 6 obtaining construction contracting qualification of enterprise (hereinafter construction contracting enterprises), can undertake construction contracting works. Construction contractor can undertake construction contracting works of various construction engineering all on its own or professional engineering or service operations subcontracted to law with corresponding qualification of professional contract labor subcontracting enterprises or enterprises.

Obtain professional contract qualification of enterprise (hereinafter referred to as professional contracting enterprises), can undertake construction contracting enterprises subcontracting of professional engineering and construction unit in accordance with the contract of professional engineering. 　　Professional contractors can undertake all of its own construction engineering or labor jobs according to subcontracted to have appropriate qualification of labour subcontracting enterprises. 　　To obtain the qualification of labor subcontracting enterprises (hereinafter referred to as labor subcontracting enterprises), can undertake construction contracting enterprise or professional contracting enterprises subcontract labor jobs. 7 construction contracting qualification, professional contracting qualification, labor subcontracting in accordance with the nature of engineering qualification series and technical features are divided into qualification category. The qualification category in accordance with the provisions of the conditions is divided into grades.

8 construction enterprises qualification standards and the category hierarchy qualification enterprises project-specific scope, the State Building Department in conjunction with the relevant departments.
Chapter 3, article 9 of the qualification, the following construction Enterprise qualification license, the competent authorities of the State-building: (a) construction contracting series premium quality, level qualification; (ii) State-owned assets management Department direct supervision enterprises and its affiliated companies a level of construction contracting secondary qualification, third-class qualification for; (c) water, transportation, information industry professional contracting qualification for the sequence level; (iv) railway, civil aviation professional contracting qualification for the sequence level II; (5) Highway Traffic project specialized contract regardless of level of qualification, urban rail transit professional contracting qualification is not hierarchical. Application for qualification listed in the preceding paragraph, it shall send the enterprise registration location of provinces, autonomous regions and municipalities directly under the Central Government departments in charge of the construction. 　　Of these, the State-owned assets management Department direct supervision enterprises and its affiliated companies a level, it should be determined by the State-owned assets management Department direct supervision enterprises construction department under the State Council. 　　Provinces, autonomous regions and municipalities directly under the construction authorities should be admissible application within 20 days from the date of the trial has been completed and preliminary advice and application materials, the competent authorities of the State Council for construction. The construction of the State Council shall be the competent authorities of the provinces, autonomous regions and municipalities directly under the construction authorities accepted materials within 60 days from the date of completion of the review, public review comments, posting time is 10 days. 　　Among them, related to rail, transportation, water conservancy, information industry, aviation and construction Enterprise qualification, by the State building department sent the State departments, relevant departments under the State Council shall, within 20 days from the audit and the audit observations sent the State Building Department. 　　Article 10 the following on the qualification of construction enterprises, by enterprise registration location of provinces, autonomous regions and municipalities directly under the Central Government departments in charge of the construction: (a) construction contracting series level 2 qualification (not including the State-owned assets management Department direct supervision enterprises and its affiliated companies a level of construction contracting series level 2 qualification); (ii) professional contract sequence level qualification (without railway, transportation, water conservancy, information industry, civil aviation professional contracting series class I); (3) professional contract sequence secondary qualification (excluding civil aviation, railways, specialized contract series level 2 qualification); (iv) professional contract sequences are not graded qualifications (excluding Highway Traffic project specialized contract sequence and urban rail transport professional contract sequence regardless of level of qualification). In the preceding paragraph construction Enterprise qualification license enforcement procedures by the municipality of provinces, autonomous regions,Municipal Government Building Authority by law. 　　Provinces, autonomous regions and municipalities directly under the construction authorities shall make a decision within 30 days from the date of the decision granting the qualification of the State Building Department in charge of the record. 　　11 following the qualification of construction enterprises, by enterprise registration location set area of municipal government departments in charge of the construction: (a) construction contracting series three-level qualification (not including the State-owned assets management Department direct supervision enterprises and its affiliated companies a level of construction contracting third-class qualification); (ii) professional contract third-class qualification for the sequence; (3) the qualification of labor subcontracting sequence; (iv) gas burning appliances installation and maintenance of enterprise intelligence. 　　In the preceding paragraph construction Enterprise qualification license enforcement procedures by provinces, autonomous regions and municipalities directly under the construction authorities by law. Enterprise registration location set area of municipal government building, the competent authorities shall make a decision within 30 days from the date of the decision granting the qualification by provinces, autonomous regions and municipalities directly under the Central Government departments in charge of construction, the State Building Department in charge of the record.
　　
Article 12 construction Enterprise qualification certificate consists of original and copy of an original copy, copy number, the competent authorities of the State-building, is printed, copies have the same legal effect. 　　Qualification certificates shall be valid for a period of 5 years. 　　13 construction enterprises can apply for one or more of the qualification of construction; apply for a number of construction enterprises qualification shall select the highest grade a qualification for entrepreneurs qualification. 　　Article 14 the first patent application or application for qualification of construction of additional items, shall submit the following materials: (a) the construction Enterprise qualification form and corresponding electronic document; (ii) a copy of the license; (iii) the articles of Association; (4) business leaders and technology, in charge of Finance of the identification, designation, appointment and related qualification standards requested materials; (5) construction Enterprise qualification form in registered practitioners of identity, a practising certificate of registration; (6) construction Enterprise qualification standards required of non-registration of professional and technical personnel of the title certificate, proof of identity and proof of insurance; (7) part of the qualification standards require enterprises must possess special expertise of the title certificate, proof of identity and proof of insurance; (8) construction Enterprise qualification standards required by enterprise equipment, workshop, a corresponding certificate; (IX) the construction enterprise safety in production conditions relating to the materials; (10) qualification standards required by the other relevant materials. 　　Article 15, application for qualification upgrade construction Enterprise shall submit the following materials: (a) the provisions of article 14, paragraph (a), (2), (4), (5), (6), (8), (10) the information; (ii) a copy of the original certificate of enterprise; (3) enterprises annual financial and statistical reports; (4) enterprise safety in production permit copy; (5) meet the qualification standards required for enterprise project performance correlation proof material. 　　Qualification in article 16 has expired, the enterprise needs to extend the validity of the qualification certificate shall be in the certificate expires 60 days before the application for certification renewal process. 　　The period of validity of the qualification comply with relevant laws, rules, regulations, technical standards, credit file no bad behavior logs, and the registered capital, professional and technical personnel to meet the qualification standards required by enterprises, the qualification license agencies agree to extend the validity period of five years. 　　17 construction enterprises in the qualification certificate shall be valid in the name, address, registered capital, the legal representative of such changes, you should go through in business sectors within 30 days after the change procedure for qualification certificate change procedures. 　　By the State, the competent authorities of the issuing of building construction Enterprise qualification certificate, involving corporate name change to enterprise registration location of provinces, autonomous regions and municipalities directly under the construction authorities submitted the request, the provinces, autonomous regions and municipalities directly under the construction authorities shall accept applications for 2 days from the date of the change documents submitted to the State Building Department, the State Building Department in 2 days for the change. The provisions of the preceding paragraph qualification certificate changes other than the formalities and the seat of the enterprise registration of provinces, autonomous regions and municipalities directly under the construction authorities or supposes district municipal people's Government building authorities in charge. 　　Provinces, autonomous regions and municipalities directly under the construction authorities or supposes district municipal people's Government building authorities should be admissible applications 2 days for changes to procedures and formalities for qualification certificate within 15 days after the change will change as a result the State Building Department in charge of the record. 　　Involve railway, transportation, water conservancy, information industry, aviation and construction Enterprise qualification certificate changes, alteration procedures of building departments shall will inform the enterprise qualification change sibling concerned departments. 　　18 applications for certification shall submit the change, the following materials: (a) qualification certificate request; (ii) a copy of the license; (iii) construction Enterprise qualification certificate, copy of the original; (4) and qualification change relevant supporting material. 　　Enterprise restructuring, in addition to the information provided in the preceding paragraph, you should provide the restructuring programme, superior asset management department or the approval of the general meeting of shareholders decided, corporate employee Congress agreed to a resolution of the reorganization. 　　Enterprises first applications, applications for qualification of construction of additional items, do not check the performance of enterprise project, its qualification in accordance with the approved minimum qualification. 　　Has obtained the qualification of enterprise engineering design for the first time the application for the same category or similar types of construction Enterprise qualification, you can add the appropriate scale of EPC performance as project performance be declared, but the highest qualification level did not exceed its existing engineering design qualification level. 　　Article 20 of the business combination, the combined subsisting or new construction enterprises can inherit merge before the parties in a higher qualification level, but should be consistent with the appropriate qualification criteria. KeiIndustry Division, separation of powers after the enterprise qualification, according to the actual conditions of qualification, in accordance with the rules of procedure approved. 　　Enterprise restructuring, the reformed no longer meet the qualification standards should be actually achieved qualification standards and the requirements for qualification criteria approved again; do not change according to the provisions of article 18. 　　Article 21 to obtain the qualification of construction enterprise, the enterprise apply for qualification upgrade, qualification of additional items, in the application of the previous years in any of the following situations, the qualification bodies not to approve the enterprise of the qualification upgrading applications and additional applications: (a) the enterprise qualification levels or to other enterprise contract projects on behalf of, or allow other companies or individuals to the name of the Enterprise contract projects; (ii) and construction unit or corporate collusion between tender, or to bribery and other improper means to seek the bid; (iii) has not obtained a construction permit for construction of without authorization; (iv) the contracting of engineering outsourcing or subcontracting; (5) the violation of the national project of mandatory standards; (vi) had a larger production safety accident or two above the General production safety accident; (VII) malicious arrears subcontracting enterprise project or the migrant workers ' wages; (8) to conceal or misrepresent, delaying the reporting of project quality accident or damage to the scene of the accident, the accident investigation; (9) in accordance with national laws, regulations and standards required certificates of skilled workers has not obtained a certificate for posts, in serious cases; (10) failing to fulfil the quality warranty obligations or delay the fulfilment of the warranty obligation, resulting in serious consequences; (XI) alter, sell, rent, lease, loan or other forms the illicit transfer of construction Enterprise qualification certificate; (XII) other violations of laws and regulations. 　　22 enterprises receive new construction Enterprise qualification certificate shall be returned to the original certification permit issuing authorities be cancelled. Enterprises need updating (including add, replace, lost post-registration) construction Enterprise qualification certificate, it shall hold a certificate supplement application materials to apply for the qualification bodies. Lost certificates, before applying for a replacement shall be published in public media declared lost. The qualification bodies should be finalised within 2 days.

Chapter IV supervision under article 23 of the people's Governments at or above the county level building authorities and other competent authorities should, in accordance with the relevant laws, regulations, and the present provisions, strengthen the construction supervision and management of enterprise qualification. 　　Superior construction departments shall strengthen the lower construction departments of qualification management supervision and inspection, the correct qualification management violations. 　　24 building authorities, other interested departments carry out inspection duties, shall have the right to take the following measures: (a) require a person who is checking unit provides construction Enterprise qualification certificate, registered practitioners practising certificate of registration, documentation about the construction business, quality management, security management, file management, financial management, internal management system; (ii) to be checked by the inspection unit, access to relevant information; (3) correct the violation of relevant laws, regulations, and the present provisions and the relevant norms and standards of behavior. 　　Building authorities, other authorities in accordance with the law on administrative matters, the enterprise engaged in conduct supervision and inspection activities, shall supervise and check the situation and handle the result record, signed by the supervision and inspection after archiving. 　　25 building authorities, other authorities in carrying out supervision and inspection, there should be two or more supervision and inspection personnel, and law enforcement documents, shall be without prejudice to the normal production and management of enterprise activities, shall not solicit or receive business property, shall seek other interests. 　　The units and individuals for legal supervision and inspection should assist and cooperate with, and shall not be denied or obstructed. 　　Supervision and inspection bodies shall supervise and check processing results made public. 　　26 construction enterprises engaged in construction activities illegal, unlawful acts committed by the local people's Governments at or above the county level building authorities or other relevant departments should be investigated and dealt with the illegal facts, results or treatment recommendations promptly inform the construction permit qualification. Article 27 to obtain the qualification of construction enterprises no longer meets the conditions of the corresponding qualification, building authorities, other interested departments according to the request of an interested party or ex officio, may order the corrected; overdue reforms, the qualification bodies can recall their qualification. 　　Withdrawn construction Enterprise Intelligence enterprise, you can apply for the qualification bodies in accordance with their actual reach the qualification standards for the qualification approval again. 　　Article 28 of the following situations, the qualification license organ or its parent bodies, according to the request of an interested party or ex officio, may revoke the construction Enterprise qualification: (a) the qualification bodies staff abuse, neglect of duty granted the qualification of construction enterprises; (ii) going beyond the statutory authority granted the qualification of construction; (iii) breach of the statutory procedures for granting the qualification of construction; (4) does not comply with the license conditions of applicant granted the qualification of construction; (5) in accordance with the law can revoke certificates of other circumstances. 　　To deceive, bribery and other improper means to acquire construction Enterprise qualification certificate shall be revoked. 　　Article 29 of the following situations, the qualification bodies shall log-off construction Enterprise qualification, and set aside the notice of their qualification certificates, construction enterprises should promptly return the certificate of qualification authority: (a) qualification certificate has expired, the application is not renewed in accordance with the law; (ii) termination of construction enterprises in accordance with the law; (3) the qualification of construction law is revoked, withdrawn or revoked; (4) laws, regulations and other qualifications should be cancelled. Article 30 concerning the supervision and inspection departments should be and treatment advice advise the qualification bodies. The qualification bodies should be involved in the railway, transportation, water conservancy, information industry, civil aviation,Construction qualification is withdrawn, revocation and cancellation of the relevant departments of informs sibling. 　　Article 31 shall in accordance with the relevant provisions, to the qualification bodies to provide true, accurate, and complete enterprise credit file information. Business credit file should include enterprise basic conditions, performance, quality and security, contract compliance, etc. 　　Complaints reporting and processing, administrative punishment, such as bad behavior should be charged to their credit file. Business credit file information in accordance with the relevant provisions of the public to the community.

Legal responsibility article 32 about the disclosure or provision of false information to apply for the qualification of construction enterprises, inadmissible or disapproved, and give the warning, the applicant shall, within a year, once again apply for the qualification of construction enterprises. 　　Article 33 in order to deceive, bribery and other improper means to acquire the qualification certificate of construction enterprise, the local people's Governments at or above the county level building authorities or the competent authorities shall issue a warning and fines according to the law, the applicant shall not apply within three years of construction qualification again. 　　Article 34 is the construction Enterprise provides one article 21, the People's Republic of China building, the construction project quality management Ordinance and other relevant laws and regulations on punishment and punishment provided by the way, in accordance with the provisions of laws and regulations; legal, regulatory, not otherwise covered by the local people's Governments at or above the county level building authorities or other relevant authorities shall issue a warning and ordered corrective action and more than $ 1 million fine. 　　Article 35 is not in accordance with the construction Enterprise provides timely handling certificate change procedures, by the local people's Governments at or above the county level building authorities ordered; if omitted, up to $ 1000 and above shall be fined not more than 1 million. 　　Article 36 the construction enterprise is not in accordance with the provisions of the request for credit file information construction enterprise, the local people's Governments at or above the county level building authorities or other relevant authorities shall issue a warning and ordered to correct; overdue correction to a $ 1000 fine of 1 million. 　　Article 37 the local people's Governments at or above the county level building authorities shall be given administrative penalties of construction enterprises, should be given to the administrative penalty decisions and the administrative punishment of facts, reason and grounds, the competent authorities of the State Council building in the record. Article 38 the building authorities and their staff, in violation of this provision, one of the following circumstances, by its superior Executive or supervisory Office ordered corrective action; serious cases, to the direct responsible responsible staff and other direct responsibility personnel, legally imposes the administrative sanction: (a) for applicants that do not meet the conditions for granting the qualification of construction enterprises; (ii) to eligible applicants are not construction industry qualification license or not within the statutory time limit decided to grant the license; (iii) meet the requirements of the application inadmissible or not within the statutory time limit for completion of the trial; (iv) use their own position, accepting others property or other benefits; (5) not to carry out supervision and management responsibilities or supervision, resulting in serious consequences. 　　Chapter i. General provisions 39 obtained qualification certificate of construction enterprise, the enterprise may engage in the appropriate scope of the qualification level of construction engineering general contracting business, you can engage in project management and related technical and administrative services. Article 40 of this Regulation as from September 1, 2007. 18 April 2001 the Ministry of construction enterprise quality management regulations "(order No. 87 of the Ministry of construction) abolished at the same time.