In order to further strengthen the management of the construction market in the city, maintain the order of the construction market, and safeguard the legitimate rights and interests of all parties involved in the construction of...
Jinhua Municipal Housing and Urban-Rural Development Bureau
June 30, 2022
Jinhua Municipal Housing and Urban-Rural Development Bureau
Interim Measures for Management of the Construction Market in Jinhua City
In order to strengthen the management of the construction market in the city, to maintain the order of the construction market, and to safeguard the lawful rights and interests of all parties to the construction, and in accordance with the Chinese People's **** and the State Construction Act and other relevant laws, regulations, rules and regulations, combined with the actual situation in the city, the formulation of these measures.
One, the general principles
(a) in the administrative area of the city engaged in construction engineering survey, design, construction, supervision, cost consulting, bidding agency, testing (appraisal), energy-saving assessment of the construction market activities are applicable to this approach.
(2) municipal construction administrative department is responsible for the unified supervision and management of the city's construction market activities. Counties (cities, districts) construction administrative departments in accordance with their responsibilities, is responsible for the supervision and management of the construction market within the administrative area.
(3) the relevant industry associations should establish and improve the industry self-discipline provisions, with the construction of administrative departments to regulate the city's construction market activities, to assist in credit evaluation work, to guide the overall healthy development of the industry.
(d) Engaged in construction market activities should follow the law compliance, unity and openness, honesty and trustworthiness, fairness and impartiality, the principle of orderly competition.
(v) support the transformation and development of construction market-related enterprises, encourage enterprises to strengthen scientific and technological innovation, talent cultivation, development and use of digital management tools, the implementation of electronic file management.
Two, access management regulations
(a) engaged in construction market activities, there are qualification requirements should be obtained in accordance with the appropriate qualifications, and within the scope of the qualification license to undertake business; no qualification requirements, should be equipped with full-time professionals to match the business undertaken, full-time professionals should be the appropriate registration qualifications or post vocational qualifications.
To undertake the business of the city's engineering investigation units should be set up within the city to carry out business matching the geotechnical laboratory; testing (identification) organizations should be equipped with the city to carry out business with the appropriate premises, personnel, equipment, etc., and according to law through the measurement of authentication, in the measurement of authentication to carry out business.
(ii) construction units can manage their own projects, or hire professional organizations or professionals in accordance with the relevant provisions of the project management, and clarify the relevant responsibilities.
(3) Enterprises engaged in construction market activities in the city shall enter the basic information of the enterprise, relevant professionals and other information into the "Jinhua Construction Market Supervision and Management Information System" (hereinafter referred to as the "Information System") according to the "Jinhua Construction Enterprise Information Sheet Handling Guidelines". "), and to ensure that the entry of information is timely, complete, true and accurate.
Three, contracting (entrusted) and contracting (entrusted) regulations
(A) contracting (entrusted)
1. Construction units should be contracted (entrusted) projects in accordance with the law, shall not be branched out of contracting, shall not be designated subcontracting, shall not be arbitrarily compressed reasonable duration and cost, due to special reasons need to be compressed duration, should be certified by experts; the construction projects that must be subject to bidding according to law, shall comply with the national, provincial, municipal tenders, and the construction projects shall be subject to the national, provincial, municipal and municipal tenders, shall comply with the national, provincial, municipal, and municipal tenders. Shall comply with national, provincial and municipal bidding management regulations, the use of the city's unified development of the model bidding text.
2. State-owned investment, assembly and other projects to encourage the use of general engineering contracting and whole process engineering consulting. The implementation of general contracting of state-owned investment projects, in principle, should be in the preliminary design approval after the completion of the bill of quantities bidding, set the bidding control price as the bidding maximum price. State-owned investment projects to promote the use of "assessment of separation" bidding. Encourage the construction unit of the general contracting project to implement the whole process of engineering consulting services.
3. Construction units should give priority to enterprises with good credit as a contractor (trustee) unit, state-owned investment projects should not be selected by the municipal administrative department of construction included in the "prudent use of the list" of enterprises or practitioners.
(ii) contracting (entrusted)
Construction market-related enterprises should undertake business in accordance with the law, the bidding should comply with the city's industry self-discipline. The business undertaken, may not be subcontracted, illegal subcontracting; general contracting unit shall not be all the design and construction of the project business branch to other units; construction subcontracting unit in addition to construction labor subcontracting, may not be subcontracted; design subcontracting unit may not be subcontracted. Design and construction units engaged in project management, may not undertake the same construction project design, general contracting or construction projects. Cost consulting, bidding agent shall not accept the same construction project bidders and bidders at the same time, and shall not accept the same construction project more than two bidders commissioned; testing organizations shall not undertake its affiliation or other interests of the construction of the parties to the main body and the source of the samples examined by the commission of the business.
Four, contract signing and performance
(a) engaged in the construction market activities of enterprises to undertake business, should sign a written construction contract or commissioning contract to encourage the implementation of the contract signed online. The implementation of bidding for construction projects, the main terms of the contract should be consistent with the contents of the bidding documents and the winning bidder's tender documents.
Contract signed within thirty days after the contract, the contracting (entrusted) unit should be in the "information system" in the contract business and key management personnel and other information. Changes in information, the contracting (fiduciary) unit shall, within fifteen days after the occurrence of the change, enter the changed information. The business that has been entered and completed according to the contract can be used as the valid performance of the enterprise to apply for qualification upgrading, addition, credit evaluation.
(2) The contracting unit and the contracting parties may adopt the guarantee methods such as performance guarantee, advance payment guarantee and construction payment guarantee to reduce the risk of contract performance. If the contracting unit requires the contracting unit to provide a performance guarantee, it shall at the same time provide the contracting unit with a guarantee for the payment of the construction sum.
(c) the use of general contracting of state-owned investment projects, it is appropriate to use the lump-sum contract. General contracting unit (including consortia) shall complete the main project design and construction operations, their own procurement and supply of the main structural engineering of the main materials; determine the subcontracting unit or engineering materials, equipment supply units, should be in line with the provisions of the bidding documents or prior consent by the contracting unit.
(d) When the project commencement report is submitted for examination and approval, the construction organization design provided by the construction unit must include the construction progress plan and financial arrangement plan.
(e) After undertaking the business, the enterprise shall station professionals or project site management personnel compatible with the undertaking of the business as agreed in the contract, and issue appointment documents, sign labor contracts, establish wage relations, and pay social pension insurance. The stationed personnel shall perform their duties in accordance with the contractual agreement and relevant regulations, and the relevant person in charge shall also be present at the important work sessions of the project in accordance with the provisions of these Measures.
1. Exploration unit project leader to the exploration and construction site shall not be less than once and shall participate in the project groove, test pile, foundation acceptance, completion acceptance; project technical leader shall participate in the exploration and construction and according to the actual situation of the project to participate in the project groove, test pile, foundation acceptance.
2. The person in charge of the design unit project shall participate in the project construction drawings, foundation acceptance, acceptance of completion and major design changes countersigning; construction, municipal projects in the structural, architectural, hydropower, road, traffic engineering and other projects design the main professional responsible for the project according to the actual situation of the project to participate in construction drawings, foundation acceptance (structural), the main body of the acceptance (structural), acceptance of completion.
3. Construction unit technical officer, quality officer, supervisory unit technical officer shall participate in the foundation, main body, completion acceptance; construction site project manager and technical officer and director shall participate in all divisional acceptance and completion acceptance.
(F) construction site project management organization of the main management personnel shall remain relatively stable, in the contract date to the date of completion of the contractual amount of work, shall not be changed and withdrawal, except in the following cases:
1. For physical reasons can not adhere to the construction site management work (need to provide the second class A and above hospital issued by the supporting materials);
2. Because of the performance of duties or work errors, the construction unit that it is not suitable to continue to work as a construction site management;
3. I have assumed the professional business has been completed;
4. Non-unit reasons for the delay in the commencement of the project or stoppage of three months or more;
5. Because of violations of law and violations of law can not continue to serve as the management of construction sites
6. Due to personnel transfer can not practice in the unit.
The conditions of the personnel after the change shall not be lower than the qualifications, performance and other conditions before the change, the state-owned projects to change the person in charge of the project, the superintendent and other personnel should also comply with the requirements of the bidding documents, by the competent administrative department of the construction or the supervisory body entrusted by the construction authority to agree, and apply to the construction licensing department to apply for the change procedures. In principle, the proportion of personnel changes shall not exceed 50% of the total number of contractually agreed key management personnel.
(VII) project manager, project technical manager, safety manager, quality manager, design site manager, director and director's representative of one of the following circumstances, it is directly recognized that they have not fulfilled their management obligations:
1. to the post to perform their duties less than the contractual agreement should be present at the post time 70% of the time;
2. half a year of absence from the site (supervision) regular meetings Quarter and above;
3. Not in accordance with the laws and regulations and relevant provisions of the project management related documents signed or stamped with the seal of practice, or signed by others;
4. Not in accordance with the relevant provisions of the regulations or specifications required to participate in the construction of the project sub-parts of the key nodes or acceptance.
(viii) construction sites should be established face recognition real-name attendance system, face recognition real-name attendance system should be accessed in accordance with the provisions of the Jinhua City building construction site real-name assessment platform.
V. Project settlement
(a) The construction unit shall pay the project payment or commissioning fee in a timely manner in accordance with the contract. Encourage state-owned investment projects to implement the construction process settlement. Construction units should be paid in full and in a timely manner the completed project construction process settlement, not by the construction unit advances construction, shall not be completed audit as a reason for postponing the project settlement, arrears of project payments; shall not be mandatory to audit the results of the completion of the state-owned investment projects as a basis for settlement.
(ii) the construction contract shall agree on the content and scope of labor, material settlement price adjustment allowed, the contract does not agree on the relevant provisions of the municipal government.
(c) according to law, the construction permit project, the construction unit should be through the "digital management system for engineering construction in Zhejiang Province" (hereinafter referred to as "management system") to submit the completion of the settlement, consulting units according to the "management system" on the The consulting unit will complete the settlement audit and upload the settlement audit report in a timely manner according to the settlement information on the "management system". The settlement audit report on the "management system" is an effective basis for disbursement of project settlement.
(4) State-owned investment projects to change the valuation application and approval should be timely in the "management system" for approval, beyond the deadline for approval or feedback is deemed to recognize the application for change. In the "management system" automatically generated by the change in the valuation order can be used as a valid basis for settlement preparation and audit.
Construction units should supervise the supervision, construction and other units in accordance with the requirements of the "management system" in a timely manner to fill in the relevant information, submit applications and complete the approval in a timely manner.
VI, supervision and management
(a) the counties (cities, districts) construction administrative departments should strengthen the construction market supervision, standardize the qualifications of enterprises, personnel qualifications and other qualifications in the region and corporate market behavior, focusing on bid-rigging, illegal contracting, subcontracting, illegal subcontracting and relying on the contract performance is not in place, such as irregularities in the inspection, and to strengthen the supervision and inspection situation of the information disclosure, the establishment of accounts and rectification of closed issues. Establishment of a closed system of accounts and rectification issues.
(ii) the city construction administrative department of each county (city, district) construction administrative department to implement the construction market activities related laws and regulations and the implementation of this approach to supervision and inspection.
(3) the construction administrative department shall improve the credit evaluation mechanism, improve the integrity incentive and punishment mechanism for breach of trust, increase the application of credit information in the administrative licensing, bidding and tendering, project guarantee, assessment of awards, supervision and inspection, etc., and implement credit differentiation management.
1. Credit rating A-level enterprises, can reduce the frequency of double random supervision and random inspection, reduce the proportion of various types of security deposits or exempted from the payment of security deposits;
2. Credit rating of the lower enterprises, listed as the key object of supervision, to strengthen the frequency of inspections, and in the implementation of the administrative licensing as a key review of the object;
3. Survey, design, supervision, cost consulting, bidding agents, testing (appraisal) and inspection (appraisal), and the use of credit information. Survey, design, supervision, cost consulting, bidding agent, testing (appraisal) and other units of credit evaluation information into the Jinhua City, below the limit of the project transaction online, as an important basis for the construction unit to prioritize the selection.
VII, irregularities
(a) violation of the provisions of this approach, "Chinese People's Republic of China **** and the State Construction Law", "Construction Quality Management Regulations", "construction works and contracting violations of the construction contracting and contracting of illegal acts identified and investigated Management Measures," as well as other relevant laws, regulations, rules and regulations have been provided for administrative penalties, from the provisions of its provisions.
(ii) enterprise qualifications or market access conditions have been inconsistent with the standard, the counties (cities, districts) construction administrative departments should be ordered to rectify the rectification period, the rectification period is suspended from undertaking new business; overdue rectification, should be referred to the relevant departments to deal with according to law.
(c) the construction market related enterprises bidding quotes in violation of the provisions of industry self-regulation, by the competent administrative department of construction or commissioned by the regulatory body to conduct interviews and included in the key regulatory objects.
(d) the following circumstances exist in the project, the construction unit shall not organize the completion of acceptance:
1. failure to pay the full amount of the project in a timely manner in accordance with the provisions of the project;
2. incomplete information on the "management system", and the approval of the untimely.
(E) enterprises with the following behaviors, depending on the severity of the case, included in the "Jinhua City Construction Market Discretionary Enterprise List" for three to six months:
1. Failure to enter the information in accordance with the provisions of these measures or entry information does not correspond to the actual, overdue rectification;
2. Violation of the provisions of these measures Undertake business;
3. Violation of the provisions of these measures, failure to send relevant personnel to perform their duties;
4. Violation of the provisions of these measures, within six months, there are two or more unauthorized changes in the city's project or change the number of key management personnel in the number of 50% and above;
5. In the city's construction field of enterprise credit evaluation reporting process of falsehoods;
6. . in the city's construction field credit evaluation grade E or two consecutive years did not participate in the city's construction field credit evaluation;
7. in the construction market inspection carried out by the competent administrative department of the construction market or complaints, reported cases of investigation, refused to cooperate or provide false materials.
8. 2 or more consecutive inspections within six months by the competent administrative department of construction found that the number of key management personnel on duty in the project in the city is less than 80% or the person in charge of the project, the person in charge of the project technology, the person in charge of safety and the person in charge of quality is not one person on duty;
9. Notification of the competent administrative department of construction criticized or interviewed for two times or more within one year;
10. Acquiescence to the unit of the project site management personnel by others "impostor";
11. Two consecutive years in the administrative region of the city without business and no tax records;
12. Relevant laws, regulations, rules, normative documents and other circumstances.
(F) practitioners of the following behaviors, depending on the severity of the situation, included in the "Jinhua construction market list of prudent use of personnel" 6 months to 12 months:
1. Violation of the provisions of this approach, failing to fulfill the management obligations;
2. In the construction field in the city, the person in charge of the project credit assessment Falsification in the declaration process;
3. Refusal to cooperate or provide false materials in the construction market inspection or investigation of complaints and reported cases carried out by the competent administrative department of construction.
4. Failure to complete the city's business undertaken by me to change positions or units, the cumulative total of two or more times in a year;
5. Relevant laws, regulations, rules and normative documents stipulated in other cases.
Eight, the bylaws
(a) This approach by the Jinhua Municipal Housing and Urban-Rural Development Bureau is responsible for the interpretation.
(2) These Measures shall come into force on August 1, 2022 onwards.
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