Regulations for the management of registered builders

2017-12-03 20:39:10 wyh 1

Order of the Ministry of construction of People's Republic of China

No. 153rd

The regulations on the management of registered builders have been discussed and approved by the 112nd standing meeting of the Ministry of construction and construction on 11 December 2006, and are now issued and implemented since March 1, 2007.

Minister of construction, Wang Guangtao

December 28th, two, six

Regulations for the management of registered builders

Chapter I General rules

Article 1 in order to strengthen the management of registered architects, regulating the practice of certified constructors, improve the level of project management, ensure the quality and safety of the project, according to the "construction law", "administrative licensing law", "construction quality management regulations" and other laws and administrative regulations, the provisions are formulated.

Second the registration, practice, continuing education and supervision and administration of registered builders within the territory of People's Republic of China shall be applicable to these provisions.

The third mentioned in these Provisions refers to the registered construction division, through the assessment or examination made in People's Republic of China construction qualification certificate (hereinafter referred to as the qualification certificate), and in accordance with the provisions of the registration, People's Republic of China construction division registration certificate (hereinafter referred to as registration certificate) and practicing seal, as the project construction unit responsible person and engaged in related activities professional and technical personnel.

Those who have not obtained the certificate of registration and the seal of practice shall not be the project leader of a construction unit of a large or medium-sized construction project, and shall not engage in related activities in the name of a registered constructor.

Unified supervision and management of the implementation of the practice of the fourth construction administrative department of the State Council of the national construction division registration, registration; the railway, transportation, water conservancy, information industry, civil aviation and other relevant departments under the State Council shall be responsible for the supervision and administration of the relevant professional engineering construction division registered professional activities.

Supervision and management of the implementation of the practice of the construction administrative departments of the local people's governments at or above the county level of the registration in the administrative areas, registered construction division; local people's governments above the county transportation, water conservancy, communications and other relevant departments within the scope of their respective duties, conduct supervision and management of the administrative area of the relevant professional engineering construction division registered professional activities.

Second chapter registration

The registration and practice management system is implemented by the fifth registered builders, and the registered builders are divided into first level registered builders and two level registered builders.

A person who has obtained a qualification certificate can practise in the name of a registered builder after the registration.

The following conditions should be provided for the initial registration of the sixth application:

(1) to obtain qualification certificates after examination or examination;

(two) being employed in a relevant unit;

(three) to meet the requirements of continuing education;

(four) there is no situation listed in the fifteenth article of the present provision.

Seventh has obtained a qualification certificate and is employed by a construction project survey, design, construction, supervision, tender agent, cost consulting unit staff, the registration shall be located to the industrial and commercial units employed by the unit of the province, autonomous region, municipality directly under the Central People's government department in charge of construction filed.

Provinces, autonomous regions and municipalities directly under the Central People's government departments in charge of construction acceptance after put forward preliminary examination opinions, and submit the preliminary examination opinions and all the application materials submitted to the State Council department in charge of construction approval; involving railways, highway, port and waterway, water conservancy and hydropower, communications and broadcasting, civil aviation, construction administrative department of the State Council shall submit all the application materials to the the relevant departments of the audit. In accordance with the conditions, the competent construction Department of the State Council shall issue the registration certificate for the constructor of the People's Republic of China grade 1 and approve the number of the licensed seal.

Eighth, for the initial registration of the application, the competent department of construction of the people's Government of a province, autonomous region or municipality directly under the central government shall examine the matter within 20 days from the date of accepting the application, and submit the application material and preliminary opinion to the competent department of the State Council. The competent department for construction under the State Council shall, within 20 days from the date of receiving the materials submitted by the competent department of the people's Government of the provinces, autonomous regions and municipalities directly under the central government, complete the examination and approval and make written decisions. The relevant departments shall finish the examination within 10 days after receiving the application materials transferred by the competent department of the State Council, and send the audit opinions to the competent department of construction under the State Council.

For those who apply for registration of change or registration, the competent department of construction of the people's Government of provinces, autonomous regions and municipalities directly under the central government shall finish the examination within 5 days from the date of accepting the application. The competent department for construction under the State Council shall, within 10 days from the date of receiving the materials submitted by the competent department of the people's Government of the provinces, autonomous regions and municipalities directly under the central government, complete the examination and approval and make written decisions. After receiving the application materials transferred by the competent department of construction under the State Council, the relevant departments shall finish the examination within 5 days, and send the audit opinions to the competent department of construction under the State Council.

Ninth persons who have obtained two level builder qualification certificate apply for registration. The competent department of construction of the people's Government of provinces, autonomous regions and municipalities directly under the central government shall be responsible for receiving and approving the examination and approval. The specific examination and approval procedures shall be determined by the competent department of construction of the people's Government of provinces, autonomous regions and municipalities directly under the central government according to law. For approval of registration, the registration certificate and practice seal of the two level builders of People's Republic of China shall be issued by the competent department of the State Council in charge of unified design, and sent to the competent department of construction under the State Council for record within 30 days after the issuance of the certificate.

The tenth registration certificate and the practice seal are the certificate of the registered builder's practice, which is kept and used by the registered builder himself.

The validity period of the registration certificate and the practice seal is 3 years.

The registration certificate of the first class registered constructor is printed by the competent department of the State Council. The seal of practice is organized by the competent department of the State Council, and the competent department of construction of the people's Government of the province, autonomous region and municipality directly under the central government.

The eleventh initial Registrar may submit an application within 3 years from the date of the issue of the qualification certificate. Those who have not applied for the period of time must apply for the initial registration before they meet the requirements of the continuing education of the major.

The following materials are required to apply for the initial registration:

(1) the initial registration application form for the registered builder;

(two) a copy of qualification certificate, diploma and identity certificate;

(three) a copy of the employment contract signed by the applicant and the employing unit or other effective proof documents;

(four) the initial registration of the application for overdue application shall provide the proof material to meet the requirements of continuing education.

Twelfth registration expiration of the need to continue to practice, should be the expiry of the period of registration 30 days ago, apply for renewal of registration in accordance with the provisions of article seventh and article eighth. The duration of registration is 3 years.

For the application for the continuation of the registration, the following materials should be submitted:

(1) the registration application form for the registered builder;

(two) the original registration certificate;

(three) a copy of the employment contract signed by the applicant and the employing unit or other effective proof documents;

(four) the proof material that the applicant has reached the requirement of continuing education within the validity period of the applicant's registration.

Thirteenth, during the registration validity period, the registered constructor shall change the practicing unit, and shall terminate the labor relationship with the original employing unit, and change the registration procedures according to the provisions of seventh or eighth articles, and continue the original registration validity after changing the registration.

For the application for the change of registration, the following materials should be submitted:

(1) the registered builder changes the registration application form;

(two) the registration certificate and the practice seal;

(three) the copy of the employment contract signed by the applicant and the new employment unit or the effective proof of the contract;

(four) the certificate of work mobilization (the cancellation of the contract of employment with the original employing unit or the proof of the expiration of the contract of employment and the retirement certificate for the retirees).

The fourteenth registered builders need to increase their professional profession. They shall apply for professional additional registration in accordance with the provisions of the seventh article, and provide relevant qualification certificates.

The fifteenth applicant shall not be registered with one of the following cases:

(1) not having the capacity for complete civil conduct;

(two) the application for registration in two or more units;

(three) failure to meet the requirements of the continuing education of the registered builder;

(four) subject to criminal punishment, the criminal penalty has not been completed.

(five) as a result of the criminal punishment of the practicing activity, from the date of execution of the criminal penalty to the date of application for registration for less than 5 years;

(six) criminal penalties for reasons other than the provisions of the preceding paragraph, from the date of the decision of the penalty to the date of application for registration for less than 3 years from the date of the application for the registration;

(seven) the registration certificate is revoked, from the date of the decision of the punishment to less than 2 years after the date of application for registration;

(eight) during the application of the registration date of 3 years ago as a project manager, responsible for quality and safety accidents happened in the major project;

(nine) the applicant's employment unit is not in conformity with the requirements of the registered unit;

(ten) age over 65 years old;

(eleven) other situations in which laws and regulations stipulate no registration.

When the sixteenth registered builders have one of the following cases, the registration certificate and the practice seal are invalid:

(1) the employment unit is bankrupt;

(two) the employment unit is revoked the business license;

(three) the employment unit is revoked or withdrawn from the certificate of qualification;

(four) the relation between the termination of the contract of employment with the employing unit;

(five) the registration is valid and the registration is not continued;

(six) age over 65 years old;

(seven) death or no full capacity for civil conduct;

(eight) other cases that lead to the failure of registration.

The seventeenth registered constructors shall be dealt with by the registration organ after the following circumstances, and the registration certificate and practice seal, or the registration certificate and the seal of practice shall be cancelled.

(1) the circumstances listed in the sixteenth provisions of the present provisions;

(two) to be revoked in accordance with the law;

(three) the registration certificate has been revoked according to law;

(four) subject to criminal punishment;

(five) other cases of registration should be cancelled by laws and regulations.

Registered architect is under any of the circumstances listed in the preceding paragraph, the registered architect himself and the employer shall timely cancel the registration application to the registration authority; the relevant units and individuals have the right to report to the registration authority; construction administrative departments of the local people's governments at or above the county level or the relevant department shall promptly inform the registration authority.

If the eighteenth items are registered or not registered, they may reapply for registration according to the provisions of the seventh and eighth provisions.

The nineteenth registered builders are required to reestablish the certificate of loss declaration issued by the public media because of the loss or defiling of the registration certificate or the practice seal, and apply for the re registration to the original registration authority. The original registration authority shall be completed within 5 days.

The third chapter of practice

The twentieth persons who have obtained the qualification certificate shall be employed in a unit of qualification with a qualification of construction survey, design, construction, supervision, bidding agency, cost consultation, etc., and can be engaged in corresponding activities after registration.

As the person in charge of the project of the construction unit, it shall be recruited and registered in an enterprise with a construction qualification.

The specific practice scope of the twenty-first registered builders is carried out in accordance with the standards for the scale of the registered constructor's practice.

The registered builder may not be responsible for the project of the construction unit at the same time on two or more than two construction projects.

Registered constructors can engage in general contracting management or construction management of construction projects, construction project management services, construction technology and economic consultation, and other businesses stipulated by law, administrative regulations and State Council construction department.

Twenty-second documents relating to construction management formed during construction activities of construction projects shall be signed by the registered builder and stamped with the practice seal.

The signature and seal of the registered builder must be sealed by the construction unit to sign the quality documents.

The twenty-third registered builders should meet the requirements of continuing education stipulated by the Department of construction of the State Council within each period of validity of the registration.

The continuing education is divided into compulsory and elective courses, each of which is 60 hours in each period of registration. After continuing education to meet the standard, the certificate of continuing education is issued.

The specific requirements for continuing education shall be stipulated by the Department in charge of construction of the State Council in conjunction with the relevant departments of the State Council.

The twenty-fourth registered builders enjoy the following rights:

(1) the use of the name of a registered builder;

(two) engaged in practice activities within the prescribed scope;

(three) to sign on the documents formed in the activities of my own practice and to cover the practice seal;

(four) keep and use my registered certificate and practice seal;

(five) to explain and defend the activities of my practice;

(six) to receive continuing education;

(seven) obtain corresponding labor remuneration;

(eight) to make a statement on the violation of the rights of the person.

The twenty-fifth registered builders should fulfil the following obligations:

(1) abide by laws, regulations and relevant regulations, and abide by professional ethics;

(two) the implementation of technical standards, standards and regulations;

(three) ensure the quality of the practice and bear the corresponding responsibility.

(four) to receive continuing education and strive to improve the standard of practice;

(five) the secret of state secrets and other secrets of the business and technology of others;

(six) the interests of the parties to the parties, should be actively avoided;

(seven) to assist the registration and management organs to complete the relevant work.

The twenty-sixth registered builders are not allowed to have the following acts:

(1) failure to fulfill the obligations of the registered builder;

(two) in the process of practice, other interests bribes, accepting bribes or seek the contract costs;

(three) the implementation of commercial bribery in the process of practice;

(four) the signing of unqualified documents, such as false records;

(five) allow others to engage in practice in their own name;

(six) at the same time, it is employed or practising at the same time in two or more units;

(seven) to modify, sell, rent, lend or illegally transfer qualification certificates, registration certificates and licensed seals in other forms;

(eight) engaged in practice activities beyond the scope of practice and the business scope of the employing units;

(nine) other acts prohibited by laws, regulations and regulations.

The fourth chapter supervision and management

Twenty-seventh people's governments at the county level or above shall be supervised by the competent department of construction and other relevant departments in accordance with relevant laws, regulations and regulations.

The twenty-eighth departments in charge of construction of the State Council shall inform the competent departments of construction of the people's Government of the provinces, autonomous regions and municipalities directly under the central government of the provinces, autonomous regions and municipalities directly under the central government.

The competent departments of construction of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall inform the competent departments in charge of the construction of the people's governments of the municipal, county and municipal districts in their administrative regions.

Twenty-ninth the competent departments and relevant departments of the people's governments at or above the county level have the right to take the following measures to perform the duties of supervision and inspection.

(1) requiring the inspectors to show the registration certificate;

(two) the employment units of the inspectors shall be required to provide documents and related business documents signed by the personnel concerned;

(three) people who ask to sign the documents on the related issues;

(four) to correct the acts that violate the relevant laws, regulations, the provisions of the present and the standard of the engineering standards.

Thirtieth registered construction division is engaged in illegal activities and illegal construction administrative departments of the people's governments at or above the county level or other relevant departments shall be punished according to the law, and the illegal facts, results inform the registration organ; shall cancel the registration according to law, it shall be illegal facts and treatment suggestions and relevant materials to the registration organ.

Thirty-first in one of the following cases, the registration authority may revoke the registration of the registered builder in accordance with its authority or on the request of the interested party:

(1) a registration license shall be granted by the staff of the registration authority to abuse their powers and neglect their duties;

(two) to grant the registration license beyond the legal authority;

(three) permission to be granted for registration in violation of legal procedures;

(four) to issue a registration certificate and a licensed seal for an applicant who is not in conformity with the legal conditions;

(five) other circumstances in which registration may be revoked according to law.

If the applicant is allowed to be registered by improper means such as deception and bribery, it shall be revoked.

The thirty-second registered builders and their employing units shall, according to the requirements, provide the registration authorities with real, accurate and complete information about the registration of builders' credit files.

The registered builder's credit file should include the basic situation, performance, good behavior and bad behavior of the registered builder. The illegal behavior, the complaint handling of the complaint, the administrative punishment and so on should be recorded as the bad behavior of the registered builder.

The information of the registered builder's credit archives is publicized to the society in accordance with the relevant regulations.

The fifth chapter of legal responsibility

Thirty-third, if someone conceals or provides false materials for registration, the competent department of construction shall not accept or refuse to register, and give a warning. The applicant shall not apply for registration again within 1 years.

Thirty-fourth, obtaining registration certificates by improper means such as deception, bribery, etc., shall be revoked by the registration authority, and it is not allowed to apply for registration again within 3 years. Fines shall be fined by the competent department of the local people's government at or above the county level. If there is no illegal income, a fine of less than 10 thousand yuan is imposed, and the illegal income is punished by a fine of less than 3 times the illegal income and no more than 30 thousand yuan.

Article thirty-fifth in violation of the provisions, without obtaining the registration certificate and practicing seal, as the project construction units of large and medium-sized construction project responsible person, or the name of the registered architect engaged in related activities, the signing of the project file is invalid, given a warning by the competent construction Department of the local people's governments at or above the county level or other relevant departments, shall be ordered to stop illegal activities, and may be fined 10 thousand yuan to 30 thousand yuan fine.

The thirty-sixth one who violates the provisions and fails to make changes in registration and continues to practise, shall be ordered by the competent department of construction of the local people's government at or above the county level or other relevant departments to make corrections within a specified time. If the overdue time is not corrected, a fine of less than 5000 yuan shall be imposed.

Thirty-seventh in violation of the provisions of registered architects in practice activities, there are twenty-sixth listed acts, given a warning by the construction administrative departments of the local people's governments at or above the county level or other relevant departments shall be ordered to make corrections, no illegal income, impose 10 thousand yuan to a fine; the illegal income, impose illegal income 3 times the following and a fine of not more than 30 thousand yuan.

Thirty-eighth in violation of the provisions of the registered architect or the employing unit is not in accordance with the requirements to provide information of credit files registered construction division, the construction administrative departments of the local people's governments at or above the county level or other relevant departments shall order correction; overdue correction, punishable by 1000 yuan to 10 thousand yuan fine.

If thirty-ninth employers offer false registration materials for applicants, they shall be warned by the competent department of construction of the local people's government at or above the county level or other relevant departments. They shall be ordered to make corrections within a specified time. If they fail to make corrections, they may be fined more than 10 thousand yuan or less than 30 thousand yuan.

Fortieth construction of the people's government at or above the county level departments and their staff, the registered architect in the management of one of the following circumstances, a correction by the superior administrative organ or the supervisory organ shall order the directly responsible personnel in charge and other directly responsible personnel in accordance with the law for punishment; constitute a crime, shall be investigated for criminal responsibility according to law:

(1) for applicants who are not in conformity with the legal conditions, the registration shall be granted;

(two) the applicant who meets the legal conditions does not register or does not make the decision to register the registration within the legal period;

(three) the application of an application that is in conformity with the legal conditions is not accepted or is not completed within the legal period of the first instance;

(four) taking advantage of the convenience of his duty and receiving other people's property or other benefits;

(five) do not perform the duties of supervision and management in accordance with the law or lack of supervision and cause serious consequences.

The sixth chapter

The forty-first provisions are implemented as of March 1, 2007.

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