The construction administrative departments of all districts and counties (cities):
In order to further strengthen the construction of the credit system in the construction market, improve the punishment mechanism for breach of trust, and regulate the behavior of all parties in the construction market, the "Shenyang The Interim Measures for the Management of the "Blacklist" of Municipal Construction Market Entities are issued to you, please comply with them. If you encounter problems during implementation, please report them to the Construction Market Supervision Department of our bureau in a timely manner.
Shenyang Urban and Rural Development Bureau
September 30, 2022
(This document is publicly released)
Shenyang Construction Market Entities Interim Measures for the Management of "Blacklist"
Article 1: In order to further strengthen the construction of the credit system in the construction market, improve the punishment mechanism for breach of trust, and regulate the behavior of all parties in the construction market, in accordance with the "People's Republic of China and the State Council on Construction" These Measures are formulated based on the actual situation of this city, including the Law, the Social Credit Regulations of Liaoning Province, the Interim Measures for Credit Management in the Construction Market, and the Guiding Opinions of the General Office of the State Council on Further Improving the Distrust System and Building a Long-term Mechanism for Integrity Construction.
Article 2: These Measures shall apply to management activities such as the identification, collection, publication, restoration, removal and punishment of the "blacklist" of construction market entities within the administrative region of this city.
Article 3: The “blacklist” management referred to in these Measures refers to the management of housing construction and municipal infrastructure projects in this city by the municipal, district, county (city) urban and rural construction and urban management law enforcement departments. A system for supervising units or relevant practitioners who seriously violate construction engineering laws, regulations, rules or mandatory engineering construction standards and other relevant provisions during their activities.
The construction market entities mentioned in these Measures refer to units or relevant practitioners engaged in engineering construction activities, mainly including construction, survey, design, construction, supervision, cost consultation, bidding agency, testing, construction drawings Review, material equipment supply and project management service units, as well as the main personnel in charge of the unit, registered architects, registered survey and design engineers, registered construction engineers, registered supervision engineers and other main practitioners.
Article 4: The municipal urban and rural construction department is responsible for guiding and supervising the management of the "blacklist" of construction market entities in the city, formulating "blacklist" management measures, establishing and improving the city's construction market credit management work platform, Publish "blacklist" information, guide the district and county (city) urban and rural construction authorities and coordinate the "blacklist" management of the municipal urban management and law enforcement authorities; at the same time, do a good job in the "blacklist" management of the department.
The municipal urban management and law enforcement department is responsible for guiding the district and county (city) urban management and law enforcement departments to do a good job in "blacklist" management. The city, district, and county (city) urban management and law enforcement departments will push the administrative penalty information implemented in accordance with the administrative penalty power of the original urban and rural development department to the corresponding city and district, county (city) urban and rural development departments.
The district, county (city) urban and rural construction authorities are responsible for the management of the “blacklist” of construction market entities within their jurisdiction.
Article 5: The municipal, district, county (city) urban and rural construction authorities and urban management law enforcement authorities shall, in accordance with the principle of "whoever punishes, who shall be listed", impose penalties on construction market entities that have one of the following circumstances: , included in the "blacklist":
(1) Using false materials or deceptive means to obtain enterprise qualifications;
(2) Colluding in bidding or bidding in the name of others or otherwise Using fraudulent means to win the bid;
(3) Subcontracting or lending qualifications, subject to administrative penalties;
(4) Major or above project quality and safety accidents, or within 1 year Those who have accumulated 2 or more major engineering quality and safety accidents, or major engineering quality and safety accidents that are bad in nature, seriously harmful, and have a great social impact, are subject to administrative penalties;
(5) A relatively large number of accidents have occurred; Those who are responsible for major or larger production safety accidents, or who have accumulated 3 or more general production safety accidents that resulted in death within one year, or who have concealed, lied about or delayed reporting of production safety accidents and are subject to administrative penalties;
< p>(6) Seriously endangering the health and life safety of citizens in the fields of project quality, production safety, fire safety, etc.;(7) Failure to fulfill the commitment to implement construction funds and requiring the construction unit to advance funds, Causing cases of wage arrears for migrant workers and failing to cooperate in resolving them;
(8) Dust management is not in place and the circumstances are serious;
(9) Tendering agencies and tenderers and bidders Those who collude with others to harm national interests, social public interests or the legitimate rights and interests of others, or are instructed by the tenderee to restrict or exclude potential bidders, apply discriminatory treatment to potential bidders, and restrict competition among bidders;
(10) Having the ability to perform but refusing to perform or evading the implementation of the effective decision made by the administrative agency;
(11) Being determined to be in arrears with the project payment by a court judgment or an arbitration award, and Refusal to perform obligations specified in effective legal documents;
(12) Other criteria that can be used as "blacklist" identification standards for construction market entities in accordance with laws, regulations and relevant national regulations.
Article 6: The basis for determining the "blacklist" of construction market entities:
(1) Administrative penalty decision letter;
(2) Effective People's court judgments or arbitration awards;
(3) Other documents that can be used as the basis for determining untrustworthy behavior according to laws, regulations or relevant national documents.
Article 7: The management period of the “blacklist” of construction market entities is 6-12 months from the date of inclusion on the list.
If the implementation period of disciplinary measures is clearly stipulated in laws, regulations and rules, such provisions shall prevail.
The circumstances for inclusion in the “blacklist” of construction market entities and the discretionary criteria for management periods are attached.
Article 8: The municipal, district, county (city) urban and rural construction and urban management law enforcement departments shall identify, collect, review, update and publish the construction data within their jurisdiction through the city’s construction market credit management work platform. Market entities "blacklist" information and are responsible for its authenticity, completeness and timeliness.
Article 9: The "blacklist" information of construction market entities shall be notified by the listing department to the relevant administrative departments of the place where the enterprise is registered, and pushed to the Municipal Credit Information Sharing Platform and Liaoning Provincial Construction Market Supervision Public service platform.
Article 10: The collected "blacklist" information of construction market entities shall include the name of the company or individual, the unified social credit code or certificate number, the name of the legal representative or person in charge, the circumstances of inclusion, and the determination. Basis, listing department, management period, listing date, restoration or cancellation decision, removal date and other factors.
Article 11: Before making a decision to include a construction market entity in the "blacklist", the listing department shall inform the parties of the reasons and basis for the decision and the rights enjoyed by the parties in accordance with the law. Construction market entities have the right to make statements and defenses, which should be submitted within 5 working days after receiving the notification. The included departments should verify and feedback the results within 10 working days. If necessary, democratic evaluation can be used, and the evaluation time is not included in the feedback time.
The listing department shall make a listing decision document when making a decision to list. The inclusion decision document shall state the reasons for inclusion, basis, reminders of disciplinary measures for breach of trust, conditions and procedures for removal, and relief measures.
Article 12: Construction market entities that have been included in the "blacklist" have no "blacklist" related problems that still need to be rectified during the management period and no new incidents that qualify for inclusion in the "blacklist" have occurred. Anyone who commits a crime on the "blacklist" will be removed from the "blacklist" by the original listing department after the management period expires.
Article 13: If construction market entities have objections to the "blacklist" information, they may appeal to the listing department and submit relevant supporting materials. The listed department will verify and make a processing decision within 5 working days. If you still have objections, you can file a complaint with the superior administrative agency of the listed department or the social credit department at the same level.
If the administrative penalty decision is changed or revoked after administrative review, administrative litigation, and administrative law enforcement supervision, the "blacklist" information should be changed or revoked in a timely manner, and relevant matters should be properly handled in accordance with the law.
Article 14: For untrustworthy information that can be repaired, construction market entities shall actively cooperate with relevant departments in the investigation and actively take remedial measures to recover losses or impacts within the "blacklist" management period, and the rectification is indeed effective. , you can submit a credit repair application and provide relevant materials to the listed department, and the listed department will review and make a processing decision within 15 working days. The minimum management period is 6 months.
If new situations that qualify for inclusion in the "blacklist" occur within the management period, the "blacklist" information will not be repaired.
Article 15: The following disciplinary measures will be taken within the management period for construction market entities included in the "blacklist":
(1) Publicizing the "blacklist" information to the outside world , and implement information sharing;
(2) Reduce the credit rating of the enterprise according to specific circumstances, and the management period shall be in accordance with the management period of the "blacklist";
(3) For In the circumstances (1), (2), (3), (4), (10), and (11) of Article 5 of these Measures, the project tenderer may make provisions in the project bidding documents to refuse to be listed Construction market entities that have been included in the "blacklist" will participate in bidding;
(4) Not to approve their qualifications or qualification upgrades, additions or extensions;
(5) To undertake construction or The construction projects are included in the key supervision objects, and the frequency and intensity of supervision and inspection are increased; if an enterprise or unit is found to have violated laws and regulations during the construction of the project, upper limit penalties shall be imposed in accordance with the law, and the relevant administrative departments of the place where the enterprise or unit is registered shall be notified ;
(6) Cancellation of qualifications for evaluation and commendation, policy pilots and project support objects;
(7) Cancellation of qualifications for various preferential enterprise policies, and restrictions on the application of innovation and reform in engineering construction Various enterprise-friendly policies do not apply to the notification and commitment system, and do not enjoy the "green channel" for administrative approval;
(8) If the subject of the "blacklist" is a natural person, professional policies shall be implemented in accordance with laws and regulations within a certain period of time. Prohibited entry or employment restrictions shall not be used as the main personnel when the unit applies for qualifications (including first application for qualifications, application for qualification upgrades, additions or extensions);
(9) Laws, regulations, rules and national policies Other punitive measures specified in the document.
Article 16: Units included in the "blacklist" have more than 2 items in the categories of construction agency, construction, survey, design, supervision, bidding agency, cost consulting, testing (monitoring), etc. For those with category qualifications (qualifications), disciplinary measures will only be implemented for the category corresponding to the untrustworthy behavior involved in being included in the "blacklist".
Article 17: The period during which a construction market entity is included in the "blacklist" by the construction administrative department at the provincial level or above shall be deemed to be included in the "blacklist" of Shenyang construction market entities.
If a construction market entity is listed as a target of joint punishment for dishonesty by other departments, joint punishment shall be implemented in accordance with relevant regulations.
Article 18: If staff of relevant departments engage in inaction, disorderly conduct, dereliction of duty, or malpractice for personal gain during the collection, review, determination, and publication of "blacklist" information, they will be punished in accordance with the law. Administrative sanctions shall be imposed in accordance with regulations; if a crime is constituted, the relevant departments shall be responsible for pursuing criminal liability in accordance with the law.
Article 19: These Measures will come into effect on October 1, 2022. Valid for 2 years.
Attachment: Enterprises or units and relevant practitioners included in the "blacklist" of Shenyang construction market entities and the discretionary basis for management periods
Shenyang Urban and Rural Development Bureau
September 30, 2022
For more information about engineering/service/purchasing tender document writing and production to improve the bid winning rate, you can click on the official website customer service at the bottom for free consultation: /#/?source= bdzd