Construction Law of People's Republic of China

2017-12-03 22:28:20 wyh 16

People's Republic of China presidential decree

No. forty-sixth

"The National People's Congress Standing Committee on Revising the" People's Republic of China Construction Law "decision by the People's Republic of China Eleventh National People's Congress Standing Committee of the twentieth meeting on April 22, 2011, is hereby promulgated and shall come into force as of July 1, 2011.

Hu Jintao, President of People's Republic of China

April 22, 2011

The Standing Committee of the National People's Congress

The decision to amend the construction law of the People's Republic of China

(adopted by the twentieth meeting of the Standing Committee of the Eleventh National People's Congress in April 22, 2011)

The twentieth meeting of the Standing Committee of the Eleventh National People's Congress decided to make the following amendments to the "building law of the People's Republic of China":

The forty-eighth article is revised as: "construction enterprises should pay workers insurance premiums for workers' injury insurance according to law." Enterprises shall be encouraged to handle accidental injury insurance for workers engaged in dangerous operations and pay insurance premiums. "

This decision will come into force since July 1, 2011.

The construction law of the People's Republic of China shall be revised and republished according to this decision.

Construction Law of People's Republic of China

(November 1, 1997 Eighth National People's Congress of the twenty-eighth meeting of the Standing Committee according to the Eleventh National People's Congress on April 22, 2011 the twentieth meeting of the Standing Committee on Revising the "People's Republic of China" construction law "decision" Amendment)

Catalog

Chapter I General rules

Second chapter building license

Section 1 construction permit for construction

Second section of employment qualification

The third chapter of construction project contracting and contracting

Section 1 General Provisions

Second section service

Third section contract

The fourth chapter of construction project supervision

The fifth chapter construction safety production management

The sixth chapter quality management of Construction Engineering

The seventh chapter of legal responsibility

The eighth chapter

Chapter I General rules

Article 1 in order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, this law is formulated.

The second article shall abide by this Law in the construction activities within the territory of People's Republic of China and the supervision and management of the construction activities. The construction activities referred to in this Law refer to the construction of all kinds of buildings and its subsidiary facilities and the installation of the lines, pipes and equipment supporting them.

The third construction activities should ensure the quality and safety of the construction project and conform to the national standards for the safety of the building engineering.

Fourth, the State supports the development of the construction industry, supports the building of science and technology research, improves the level of housing design, encourages energy conservation and environmental protection, and advocates advanced technology, advanced equipment, advanced technology, new building materials and modern management methods.

The fifth construction activities should abide by the laws and regulations, and shall not harm the public interests and the legitimate rights and interests of others. No unit or individual may obstruct and obstruct the construction activities carried out in accordance with the law.

The sixth administrative departments of the State Council build unified supervision and management of construction activities throughout the country.

Second chapter building license

Section 1 construction permit for construction

Seventh before the start of construction projects, the construction unit shall be located at or above the county level people's government administrative departments in charge of construction for a construction permit to the project in accordance with the relevant provisions of the state; but, except for small projects below the threshold value set by the competent administrative department of construction under the state council.

Construction projects shall be approved in accordance with the authority and procedures prescribed by the State Council, and no construction licenses will be obtained.

The eighth application for a construction license shall have the following conditions:

(1) the approval procedures for the construction land have been handled.

(two) the planning license has been obtained in the construction project of the urban planning area.

(three) it needs to be removed, and its demolition progress is in line with the construction requirements.

(four) the construction enterprises have been determined.

(five) there are construction drawings and technical data to meet the needs of construction.

(six) specific measures to ensure the quality and safety of the project;

(seven) the construction funds have been implemented;

(eight) other conditions stipulated by laws and administrative regulations.

The construction administrative department shall, within fifteen days from the date of receipt of the application, issue a construction license for the eligible application.

The ninth construction units shall start work within three months from the date of receiving the construction license. If it is not able to start on time, it should apply to the issuing organ for an extension; the delay is limited to two times, and each time is not more than three months. The construction license shall be abolished by itself if it does not start or applies for delay or exceeds the delay time.

If tenth construction projects are being terminate for construction, the construction unit shall report to the issuing authority within one month from the date of the discontinuation of the construction, and do well in the maintenance and management of the construction works according to the regulations.

When construction work resumes, it shall report to the issuing authority; the resumption of work on construction has been suspended for a year before the project, the construction unit shall report to the license issuing agencies for verification of the construction permit.

Eleventh construction projects approved according to the relevant provisions of the State Council, which fail to start construction or suspend construction on time, can be reported to the approving authorities in time. The approval procedures of the commencement report shall be re handled for the reason that the commencement of the commencement of the commencement report for more than six months.

Second section of employment qualification

Twelfth building construction enterprises, investigation units, design units and engineering supervision units engaged in construction activities shall have the following conditions:

(1) the registered capital that is in conformity with the provisions of the state;

(two) the professional and technical personnel with legal qualifications suitable for the construction activities they are engaged in;

(three) there are technical and equipment required to engage in related building activities;

(four) other conditions stipulated by laws and administrative regulations.

The thirteenth is engaged in construction engineering enterprises, prospecting units, design units and project supervision units according to their registered capital, professional and technical personnel, technical equipment and the construction projects completed and other qualifications, divided into different levels of qualification, through the qualification examination, qualification certificate of the corresponding grade. Be engaged in construction activities within the scope of their qualifications.

Fourteenth, professional and technical personnel engaged in building activities shall get corresponding qualification certificates according to law and engage in architectural activities within the scope of licensing certificates.

The third chapter of construction project contracting and contracting

Section 1 General Provisions

The contracting units and contractors of the fifteenth construction projects shall conclude a written contract in accordance with the law to clarify the rights and obligations of the two parties.

The contracting units and contracting units shall fully fulfill the obligations agreed upon by the contract. If the obligation is not fulfilled in accordance with the contract, the liability for breach of contract shall be borne in accordance with the law.

The sixteenth tenders and tenders for contracting and contracting of construction projects should follow the principles of open, fair and equal competition, and select the contractors.

If there is no provision in this Law for tendering and bidding for construction works, the provisions relating to the law of tender and tender shall be applied.

The seventeenth units and their staff shall not accept bribes, kickbacks or other benefits in the construction project.

The contractor and its staff shall not make use of the unfair means of offering bribes, offering kickbacks or giving other benefits to the contracting units and their staff members.

The cost of the eighteenth construction projects shall be stipulated in the contract in accordance with the relevant regulations of the state and the contracting units and the contracting units. In the case of public bidding, the stipulations of its cost shall comply with the provisions of the law of tender and tender.

In accordance with the agreement of the contract, the unit shall promptly allocate the amount of the project.

Second section service

In accordance with the law, the nineteenth construction projects carry out tendering and dispatch in accordance with the law, which can be issued directly to the bidding for bidding.

Twentieth construction projects subject to open bidding, the contract issuing unit shall, in accordance with legal procedures and methods, issued a tender notice, provided with main technical requirements, project bidding key contract terms, standards and methods for evaluation of bids and the bid opening program content of the bidding documents.

The opening of the bid shall be carried out in public at the time and place stipulated in the tender documents. After opening the bid, the bid documents shall be evaluated and compared according to the bid evaluation standards and procedures stipulated in the bidding documents, and the successful bidder shall be selected among the tenderers with corresponding qualifications.

The bid opening, bid evaluation and calibration of twenty-first construction projects shall be organized and implemented by the construction units according to law and accept the supervision of the relevant administrative departments.

If the twenty-second construction projects are bidding for bidding, the contracting units shall package the construction projects to the contracting units in accordance with the law. If the construction project is to be carried out directly, the unit shall package the construction project to the contractor with the corresponding qualifications.

The twenty-third government and its subordinate departments shall not abuse the administrative power, and limit the contracting units to contract the bidding and issuing of the construction projects to the designated contracting units.

The twenty-fourth article advocates the implementation of the general contract for the construction project, and the dismemberment of the construction works is prohibited.

Construction project contracting units can be together the building engineering survey, design, construction, equipment procurement to a contracting unit, can also be a construction project survey and design, construction and equipment purchase of one or more of a contract to a general contractor unit; but shall not completed by a the contractor construction parcel out to several contractors.

Twenty-fifth, according to the contract, the building materials, building components and fittings and equipment are purchased by the engineering contracting unit. The contracting unit shall not appoint the contractor to purchase the building materials, building components and accessories for engineering, or designated factories or suppliers.

Third section contract

The twenty-sixth units of contracted construction projects shall hold qualification certificates obtained in accordance with the law and undertake the project within the scope permitted by their qualifications.

The construction enterprises shall be prohibited from surpassing the business scope permitted by the qualifications of the enterprises or in the name of any other construction enterprises in the name of the construction enterprises. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form, and to undertake projects in the name of their own businesses.

Twenty-seventh large construction projects or complex construction projects can be jointly contracted by more than two contracting units. The parties to the contract shall be jointly and severally liable for the performance of the contract.

Units with two or more different levels of qualification shall undertake a joint contract, and shall undertake the project in accordance with the scope of the business license of the units with lower qualifications.

The twenty-eighth one is to prohibit the Contractor from subcontracting all the construction works to others, and prohibit the Contractor from disassembling all the contracted construction works, then subcontract them to others in the name of subcontract.

The twenty-ninth general contracting unit of a building project can contract part of the contracted projects to the sub contractors with corresponding qualifications. However, except for the sub contract stipulated in the general contract, it must be approved by the construction unit. In the general construction contract, the construction of the main structure of the construction project must be completed by the general contractor.

The general contracting unit of construction works is responsible for the construction unit according to the agreement of the general contract contract, and the subcontracting unit is responsible for the general contractor in accordance with the contract agreement. The general contracting units and subcontracting units undertake joint and several liability for the construction units on subcontracting projects.

The general contracting unit is prohibited to subcontract the project to units that do not have the corresponding qualifications. Subcontracting units are prohibited to subcontract the contracted projects.

The fourth chapter of construction project supervision

Thirtieth countries carry out the construction supervision system.

The State Council may stipulate the scope of construction projects under compulsory supervision.

The thirty-first construction projects which have been supervised by the construction unit are entrusted with the supervision by the engineering supervision units with corresponding qualifications. The construction unit and the project supervision unit entrusted to it shall conclude a written contract for supervision.

The thirty-second building project supervision shall, according to the laws, administrative regulations, relevant technical standards, design documents and construction contract, shall supervise the contractor in terms of construction quality, construction period and construction fund utilization.

Engineering supervisors think that construction does not conform to engineering design requirements, construction technical standards and contract agreements, and has the right to request construction enterprises to correct them.

If the engineering supervisor finds that the engineering design is not in conformity with the quality standard of the construction project or the quality requirement stipulated in the contract, it shall report that the construction unit requires the design unit to correct it.

Thirty-third, before implementing construction project supervision, the construction unit shall notify the supervising construction company in writing of the entrusted engineering supervision unit, the contents of the supervision and the authority of supervision.

The thirty-fourth project supervision units shall undertake the project supervision business within the scope of the supervision of their qualification grade.

The project supervision unit shall carry out the task of supervision objectively and impartially according to the entrustment of the construction unit.

There shall be no affiliation or other interests between the engineering supervision unit and the contractor of the project under supervision, as well as the supply units of building materials, building components, and equipment.

The engineering supervision unit may not transfer the project supervision business.

The thirty-fifth project supervision units do not fulfill the supervision obligation according to the contract of the entrusted supervision contract. They should undertake the corresponding compensation liability if they fail to inspect the inspection items or do not follow the regulations and cause losses to the construction units.

If a project supervision unit collude with a contracting unit to seek illegal interests for the contractor and cause losses to the construction unit, it shall bear joint and several liability for compensation with the contractor.

The fifth chapter construction safety production management

The thirty-sixth construction engineering safety production management must adhere to the principle of safety and prevention first, establish and improve the responsibility system of production safety and prevention system.

The thirty-seventh architectural engineering design should conform to the construction safety regulations and technical specifications formulated in accordance with the regulations of the state so as to ensure the safety performance of the project.

The thirty-eighth building enterprises should make corresponding safety and technical measures according to the characteristics of the construction works when compiling the construction organization design. For specialized projects, special safety construction organization design and safety technical measures shall be made.

Thirty-ninth construction enterprises should take measures to maintain safety, guard against danger and prevent fire at the construction site.

If the construction site may cause damage to the adjacent buildings, structures and special operating environment, the construction enterprises shall take safety protection measures.

Fortieth construction units should provide data for underground pipelines related to the construction site to the construction enterprises, and the construction enterprises should take measures to protect them.

Forty-first the provisions of construction enterprises shall abide by the laws and regulations relating to environmental protection and production safety, and take measures to control the construction site of various kinds of dust, waste gas, waste water, solid waste, noise, vibration and pollution hazards to the environment.

Forty-second of the following cases, the construction unit shall apply for the application for approval in accordance with the relevant regulations of the state:

(1) it is necessary to temporarily occupy a site outside the scope of the approval of the plan;

(two) possible damage to public facilities such as roads, pipelines, electricity, post and telecommunications, and so on;

(three) the need for temporary water stop, power outage and interruption of road traffic;

(four) blasting operations need to be carried out;

(five) other situations in which the laws and regulations stipulate that the procedures for approval are required.

Forty-third, the construction administrative department is responsible for the management of construction safety production, and legally receives the guidance and supervision of the labor administrative department for building safety production.

Forty-fourth construction enterprises must strengthen the management of construction safety production according to law, execute the responsibility system of safety production, and take effective measures to prevent casualties and other safety accidents.

The legal representative of the construction enterprise is responsible for the safety and production of the enterprise.

The safety of the forty-fifth construction site is responsible for the construction enterprises. The general contracting unit shall be responsible for the implementation of the general contract for construction. The subcontracting units are responsible to the general contracting units and comply with the safety and production management of the construction site by the general contracting units.

Forty-sixth construction enterprises should establish and improve labor safety production education and training system, strengthen education and training for workers' safety in production, and those who have not been trained and trained in safety production shall not be on duty.

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