北京市建设工程质量条例

(Adopted at the 21^st Meeting of theStanding Committee of the Fourteenth People’s Congress of Beijing Municipalityon September 25, 2015)

 

CONTENTS

 

Chapter I General Provisions

Chapter II Quality Responsibility of Units Related to ConstructionProjects

Chapter III Quality Responsibility ofPersons Related to Construction Projects

Chapter IV Quality Responsibility inDifferent Stages of Construction Projects

Section I Early Stage

Section II Survey and Design

Section III Engineering Construction

Section IV Completion Acceptance Inspection

Section V Warranted Use

Chapter V Quality Assurance of ConstructionProjects

Section I Market Mechanism

Section II Administrative Supervision

Chapter VI Supplementary Provisions

Chapter VII Supplementary Provisions

 

Chapter I General Provisions

 

Article 1 These Measures are formulated for the purposes of specifying thequality responsibility of construction projects, strengthening the quality administrationof construction projects,ensuring the quality of construction projects, as well as protecting the lifeand property safety of the people in accordance with the Construction Law ofthe People’s Republic of China, the Regulations on the Quality Administrationof Construction Projects and other relevant laws and administrative regulationsand in light of the actual circumstances of this Municipality.

Article 2 Those engaged in thenew construction, reconstruction, expansion, renovation and other activitiesrelated to construction projects as well as those implementing the qualitysupervision and administration of construction projects within theadministration area of this Municipality shall abide by these Regulations.

As used in these Regulations, “construction projects”include building construction and municipal infrastructure projects.

Article 3 Units and personsrelated to construction projects such as those engaged in the development,survey, design, construction, supervision, testing, monitoring, constructiondrawing examination and production of premixed concrete shall carry outengineering construction activities and shoulder their quality responsibilityin accordance with laws, regulations, engineering construction standards andthe agreement in contracts.

Article 4 Competent administrative department for housing and urban-ruraldevelopment shall be in charge of the quality supervision and administration ofconstruction projects; competent administrative departments for municipaladministration & city appearance, landscaping, cultural relics and civilair defense shall be in charge of the quality supervision and administration ofspecialized projects related to public utilities, landscaping, cultural relicsand civil air defense; competent administrative departments for planning shallbe in charge of the quality supervision and administration of survey anddesign.

Departments for transport, water affairs, publicsecurity fire control, quality supervision, environmental protection andmeteorology shall be in charge of the relevant supervision and administrationwork according to their respective duties.  

Article 5 An industry association or society related to construction projectsshall strengthen the industry self-regulation, and shall lead its member unitsand individual members to carry out engineering construction activities inaccordance with law; it may provide consultation, training, information,technology and other services, establish the industry credit evaluation system,and put forward opinions and suggestions on the improvement of work todepartments for the supervision and administration of construction projects, soas to safeguard the lawful rights and interests as well as the common economicbenefits of the industry and its members.

Article 6 This Municipalityencourages third-party institutions to provide services such as qualitycertification, testing, consultation, training, insurance, guarantee and creditevaluation related to construction projects.

Article 7 Any unit orindividual shall be entitled to inform against illegal and rule-breakingengineering construction activities, or complain about quality accidents andquality defects in construction projects.

 

Chapter II Quality Responsibility of Units Related toConstruction Projects

 

Article 8 The development unit shall be responsible for the quality of aconstruction project in accordance with law. The development unit shallascertain its responsibility as stipulated by laws and regulations, establishthe project quality responsibility system, implement the quality management atall stages of the construction project, urge units and persons related to theconstruction project to ascertain their quality responsibility, as well as dealwith quality defects and accidents of the construction project during theconstruction process and the warranty period.

Article 9 The survey unit shall be responsible for the survey quality of aconstruction project. The survey unit shall carry out the survey in accordancewith laws, regulations and compulsory engineering construction standards; theoriginal survey, testing, measurement and experiment records shall be true,correct, complete and properly signed.

Article 10 The design unit shall be responsible for the designquality of a construction project. The design unit shall carry out the designin accordance with laws, regulations and compulsory engineering constructionstandards, so as to ensure the design quality.

Article 11 The construction unit shall be responsible for thedesign quality of a construction project. The construction unit shall carry outthe construction in accordance with engineering construction standards andconstruction drawing design documents; shall use qualified building materials,architectural components and equipment; shall not scamp work and stintmaterial; shall strengthen the construction safety management; and shall carryout green construction.

Article 12 Where the general contractor of survey, design orconstruction carries out the sub-contracting in accordance with law, thesub-contractor shall have the corresponding qualifications and technicalconditions, and shall be responsible for the quality of its survey, design orconstruction. The general contractor of survey, design or construction shallsupervise and manage its sub-contractor.

Article 13 The supervision unit shall be in charge of thesupervision of a construction project. The supervision unit shall carry out thesupervision of construction quality in accordance with laws, regulations,engineering construction standards and construction drawing design documents.

Article 14 Theengineering quality testing unit or the building safety appraisal unit shallcarry out the testing or appraisal within the stipulated scope in accordancewith laws, regulations and engineering construction standards, and shall beresponsible for the authenticity and correctness of testing or appraisal dataand the testing or appraisal report.

Article 15 The engineering monitoring unit shall carry out themonitoring in accordance with laws, regulations, engineering constructionstandards and construction drawing design documents, and shall be responsiblefor the authenticity, correctness and reliability of monitoring data.

Article 16 Theproduction unit or supplying unit of any building material, architecturalcomponent or equipment shall be responsible for the quality of its products asstipulated.

When any building material, architectural component orequipment enters the construction site, the supplying unit shall provideauthentic and valid quality certifications as stipulated. After any structuralmaterial, important functional material or equipment enters the constructionsite and passes the inspection, the supplying unit shall submit suchinformation as the supplying unit’ name, the material’s technical indexes, thepurchase unit and the purchase quantity. Where any supplying unit supplies anymaterial related to the main body and bearing structure of a building, itslegal representative shall also sign the lifelong responsibility letter forengineering quality.

Article 17 The production unit of pre-mixed concrete shall havethe corresponding qualifications, and shall be responsible for the productionquality of pre-mixed concrete.

The production unit of pre-mixed concrete shall carryout the quality test of raw materials, design the mix proportion, produceaccording to the mix proportion order, as well as inspect the productionquality in accordance with relevant laws, regulations and standards.

 

Chapter III Quality Responsibility of Persons Relatedto Construction Projects

 

Article 18 The legal representative of a development, survey,design, construction or supervision unit shall sign the power of attorney, soas to specify the project responsible person for each construction project.

The project responsible person shall sign the lifelongresponsibility letter for engineering quality.

The legal representative and the project responsibleperson shall correspondingly shoulder direct responsibility for the engineeringquality of a construction project during its design life.

Article 19 The project responsible person of thedevelopment unit shall be responsible for organizing and coordinating thequality management work at different stages of a construction project, urgerelevant units to ascertain the quality responsibility, and shoulder theresponsibility for engineering quality accidents or quality problems caused byhis illegal, law-breaking or improper acts. 

The project responsible person of the survey or designunit shall shoulder the responsibility for engineering quality accidents orquality problems caused by the survey or design.

The project responsible person of the constructionunit shall shoulder the responsibilityfor engineering quality accidents or quality problems caused by theconstruction.

The project responsible person of the supervision unitshall shoulder the supervision responsibility for the construction quality.

Article 20 A professional engaged in engineering constructionactivities shall practice within the scope of his registered license and thebusiness scope of his employer, shall be responsible for the authenticity andcorrectness of technical documents signed by him, and shall shoulder thequality responsibility in accordance with law.

Article 21 A professional engaged in engineering constructionactivities shall have the corresponding professional qualification orregistered practicing qualification, and shall accept further education asstipulated; a professional at a key post shall accept trainings and passrelevant examinations in accordance with relevant industrial and professionalstandards and rules.

Article 22 The frontline operating personnel of a constructionproject shall accept trainings and pass relevant examinations in accordancewith relevant industrial and professional standards and rules. Units related toconstruction projects shall establish the sound education and training systemfor the frontline operating personnel, and shall carry out vocational trainingsat regular intervals.

 

Chapter IV Quality Responsibility inDifferent Stages of Construction Projects

 

Section I Early Stage

 

Article 23 With regard to a construction project subject to theinvitation of bids in accordance with law, the developmentunit or the construction unit shall formulate the pre-qualificationdocument and the bidding document. At the same time of issuing thepre-qualification document and the bidding document, the development unit orthe construction unit shall report to the relevant competent administrativedepartment for the record.

Article 24 When contracting out a project, thedevelopment unit shall not contract out a unit project to two or moreconstruction units. The development unit is prohibited to directly contract outpre-mixed concrete. 

Article 25 The development unit or the construction unit shallsubmit the engineering construction contract, the survey contract, the designcontract, the supervision contract, the construction sub-contracting contractas well as the purchase contracts of important materials and equipment to therelevant competent administrative department for the record as stipulated;where there is any major change to the scale, standards, structure, form orfunctions of use of the construction project which shall be approved by therelevant competent administrative department in accordance with law, thedevelopment unit or the construction unit shall submit relevant contracts forthe record anew.

Article 26 The lifelong responsibility letter for engineeringquality signed by the project responsible person of the development, survey,design, construction or supervision unit or by the legal representative of thesupplying unit of any material related to the main body or bearing structure ofa building shall act as an appendix to the relevant contract at differentstages of a construction project, and shall be submitted by the developmentunit to the relevant supervision and administration department when handlingformalities for the examination of construction drawing design documents andthe registration of engineering quality supervision.

The lifelongresponsibility letter for engineering quality shall be included in the archivesof a construction project, and shall be transferred to the urban constructionarchives management department after the construction project passes thecompletion acceptance inspection.

Article 27 Centralenterprises as well as enterprises of other provinces and cities which engagein engineering construction activities in Beijing shall handle filingformalities in accordance with relevant provisions of this Municipality, andshall be included in the scope for the quality and credit management ofconstruction projects.

With regard to any construction project of a centralstate organ, an armed force stationed in Beijing or a central enterprise orpublic institution which is subject to approval, the development unit shallhandle the project filing at the municipal competent administrative departmentfor housing and urban-rural development; the project shall be incorporated intothe annual plan of this Municipality for construction projects; and theconstruction procedures shall be handled as stipulated.

 

Section II Survey and Design

 

Article 28 The design of geotechnical engineering such as deep foundation pit orfoundation treatment shall be undertaken by a unit with the correspondingqualification; and the design unit of geotechnical engineering shall beresponsible for the design quality. The design document can only be used afterbeing examined as stipulated; the specific provisions shall be separatelyformulated by the municipal competent administrative department for planning togetherwith relevant departments.

Article 29 Where a construction project is co-designed by severalunits, each design unit shall confirm its work content and the division ofresponsibility through the cooperation agreement. Where the co-design isdivided into different stages, each design unit shall respectively shoulder itsresponsibility for the design quality of each stage.

Article 30 Where a construction project is reconstructed orexpanded, the development unit shall entrust the design to the original designunit or a design unit with the same or higher qualification grade. Where anyengineering quality problem is caused by the reconstruction or expansionproject, the design unit of the reconstruction or expansion project shallshoulder the responsibility for design quality.

Article 31 The development unit shall submit construction drawingdesign documents to the competent administrative department for urban and ruralplanning for examination in accordance with relevant provisions of the State.Where the modified construction drawing design documents shall be submitted forexamination anew in accordance with relevant provisions, the development unitshall submit such document for examination anew. The construction drawingdesign documents passing the examination shall be the basis for theconstruction, supervision, acceptance as well as quality supervision andadministration of the construction project.

Article 32 Where the content of construction drawing designdocuments is changed due to design change or engineering alteration, the designtechnician shall add his signature or seal as stipulated. The changed contentshall be a part of construction drawing design documents.

 

Section III Engineering Construction

 

Article 33 Where the construction license of a constructionproject shall be applied for in accordance with law, the development unit shallapply for such license in accordance with law before the commencement ofconstruction. The construction unit can begin the construction only after thedevelopment unit obtains the construction license.

Where the development unit or the construction unit ischanged after the construction license is obtained, the development unit shallapply for such license anew; where there is any change to other conditions ofthe construction license, the development unit shall handle the modificationformalities in accordance with law.

Article 34 It is prohibited that a construction unit allowsanother unit or individual to contract for projects in its name by means ofaffiliation. It is prohibited that a construction unit contracts for projectsin the name of another construction unit by means of affiliation.

A construction unit shall not assign or illegallysubcontract a project.

The municipal competent administrative department forhousing and urban-rural development shall formulate specific measures for theidentification and punishment of the aforesaid illegal acts.

Article 35 The construction unit shall establish the engineeringquality management system, set up the project management organization, specifythe project responsible person, allocate the construction site management staffand professionals corresponding to the scale and technical difficulty of theengineering project, and ascertain the quality responsibility.

Article 36 The supervision unit shall set up the projectsupervision agency at the construction site, specify the general supervisionengineer, allocate professional supervision engineers and supervisorscorresponding to the scale, characteristics and technical difficulty of theengineering project, and carry out the supervision by such means as inspectiontour, parallel testing and stand-by at key positions and key processes.

Article 37 The survey unit or the design unit shall provide on-site technical services, so asto timely solve survey or design problems during the construction. The scope,standard and fee of on-site technical services may be agreed by the developmentunit and the survey unit or the design unit in the contract.

Article 38 Where relevant engineering construction standards andconstruction drawing design documents require the implementation of third partymonitoring, the development unit shall entrust a monitoring unit to carry outthe monitoring.

Article 39 The development unit and the construction unit mayagree on building materials, architectural components and equipment to berespectively purchase by them in the form of a contract; they shall beresponsible for the quality of building material, architectural component orequipments respectively purchased by them, and shall report the purchaseinformation as stipulated. Where the development unit purchases precastconcrete components, rebar and steel structure elements, it shall organize theinspection upon the delivery of goods, and shall issue the inspectioncertificate to the construction unit.

Article 40 The construction unit shall carry out the inspectionof building materials,architectural components and equipment, premixed concrete, precast concretecomponents and relevant special engineering materials upon their entry into theconstruction site as stipulated; where the construction project is subject tosupervision, such materials shall be reported to the supervision unit forreview; the materials that are not reviewed or fail the review shall not beused.

The supervision unit shall supervise the constructionunit to withdraw buildingmaterials, architectural components and equipment, premixed concrete, precastconcrete components or relevant special engineering materials which fail theaforesaid entry inspection from the construction site, shall act as a witness,and shall keep relevant records.

Article 41 The development unit shall entrust a testing unit withthe corresponding qualification to test building materials, architectural components andequipment, premixed concrete and precast concrete components subject tosampling witness as well as the project’s entitative quality and use function.The construction unit shall take, seal up and submit samples, and thesupervision unit shall act as a witness.

Article 42 Where there is any disqualified testing result whichinvolves the structural safety, the engineering quality testing unit shallreport to the competent administrative department for housing and urban-ruraldevelopment or for other specialized projects within 2 working days after thetesting report is issued. The competent administrative department shall dealwith the matter in a timely manner.

No unit shall falsify or forge the testing report.

Article 43 The supervision unit shall examine the on-site qualityassurance system of the construction unit as stipulated, and shall supervisethe implementation of such system.

When discovering that the construction unit’s projectmanagement organization and its staff members are not in conformity withallocation standards, the construction unit’s project responsible person doesnot perform his duties at the construction site or the sub-contracting unitdoes not have the corresponding qualification, the supervision unit shallrequire the construction unit to make corrections; where the construction unitrefuses to make corrections, the supervision unit may require the suspension ofconstruction.

When discovering any major quality problem involvingthe structural safety, the supervision unit shall require the construction unitto immediately stop construction for rectification. 

Article 44 The construction unit shall carry out theself-inspection of concealed works, inspection lots as well as itemized andportioned projects.

With regard to a construction project subject tosupervision, the construction unit shall report to the supervision unit foracceptance inspection after the project passes the self-inspection. Where theproject fails the acceptance inspection, the supervision unit shall require theconstruction unit to carry out rectification and report for inspection anew;where the construction unit conceals any part without the supervision unit’sacceptance inspection or despite of the failure in passing such acceptanceinspection, the supervision unit shall require the construction unit to stopconstruction for rectification, take such measures as reworking or testing, andreport for inspection anew.

Article 45 Where the supervision unit requires the constructionunit to stop construction for rectification in accordance with theseRegulations, it shall notify the development unit at the same time; where theconstruction unit refuses to stop construction for rectification, thesupervision unit shall report to the competent administrative department forhousing and urban-rural development or for other specialized projects. Thesupervision unit shall not sign the application for project payment before theconstruction unit completes the rectification.

Article 46 Where any major engineering quality problem involvingthe structural safety occurs in a construction project, the development unit,the construction unit or the supervision unit shall report to the competentadministrative department for housing and urban-rural development or for otherspecialized projects within 3 days after such problem is discovered.

 

Section IV Completion Acceptance Inspection

 

Article 47 After the completion of a unit project, the generalcontractor of construction shall carry out the quality self-inspection asstipulated; where the self-inspection is passed, the supervision unit shallorganize the pre-acceptance quality inspection of the unit project.

Where the pre-acceptance quality inspection is passed,the development unit shall organize the survey unit, the design unit, theconstruction unit and the supervision unit to carry out the quality inspectionof the unit project, and form the quality inspection record of the unitproject.

Article 48 Where all unit projects pass the quality inspection aswell as other conditions stipulated by laws and regulations are satisfied, thedevelopment unit shall organize the survey unit, the design unit, theconstruction unit and the supervision unit to carry out the acceptanceinspection of the whole project; with regard to a residential project, thedevelopment unit shall organize the construction unit and the supervision unitto carry out the acceptance inspection by household before the completionacceptance inspection of the whole project.

The completion acceptance inspection record shall beformed and shall be signed by project responsible persons of the developmentunit, the survey unit, the design unit, the construction unit and thesupervision unit, which shall be the documentary evidence for passing thecompletion acceptance inspection by the project. The date when opinions ofvarious sides are signed on the completion acceptance inspection record shallbe the date when the project is completed.

Article 49 The acceptance inspection of a rail transit projectshall include three stages: unit project acceptance inspection, projectengineering acceptance inspection and project completion acceptance inspection;the development unit shall formulate the plan for the acceptance inspection ofeach stage.

The project engineering of a rail transit project canonly be organized after it passes the unit project acceptance inspection andrelevant specialized acceptance inspection. The project completion acceptanceinspection can only be organized after the unit project acceptance inspectionis passed and the no-passenger trial operation is completed as stipulated.

A rail transit project can only be delivered for trialoperation after it passes the completion acceptance inspection and theacceptance inspection of its fire-fighting, civil air defense and operationequipment and facilities, environmental protection facilities, lightningprotection devices, special equipment, sanitation, power supply and archivesare completed as stipulated. The quality warranty period of a rail transitproject shall be calculated from the date when it is delivered for trialoperation.

Article 50 A construction project can only be delivered for useafter it passes the completionacceptance inspection and its fire-fighting, civil air defense andenvironmental sanitation facilities as well as lightning protection devicespass the acceptance inspection as stipulated.

Communication projects, wired radio and televisiontransmission networks, environmental protection facilities and specialequipment shall be subject to acceptance inspection as stipulated before theyare delivered for use.

Where any problem occurs in a construction projectwhich was delivered for use or put into trial operation without the acceptanceinspection or despite of the failure in passing such acceptance inspection, thedevelopment unit shall shoulder the responsibility.

Article 51 After a construction project passes the completionacceptance inspection, the development unit shall submit the project completionacceptance inspection report, the engineering archives pre-acceptance documentas well as other documents stipulated by laws and regulations to the competentadministrative department for housing and urban-rural development or for otherspecialized projects for therecord.

Relevant laws, regulations and rules shall apply tothe filing of completion acceptance inspection for transport, fire control,environmental protection, civil air defense and communication projects.

Article 52 Within 6 months after a construction project passesthe completion acceptance inspection, the development unit shall transfer theproject’s original archives to the department for the administration of urbanconstruction archives.

Article 53 Before the completion acceptance inspection of aconstruction project, the development unit shall set up permanent signs,specifying such contents as the project’s name, names of the development unit,the survey unit, the design unit, the construction unit and the supervisionunit, as well as names of project responsible persons.

 

Section V Warranted Use

 

Article 54 The development unit shall perform its quality warrantyobligation to the owner within the quality warranty scope and period of aconstruction project.

The engineering quality warranty period of thedevelopment unit to the owner shall be calculated from the date when theconstruction project is delivered.

During the warranty period of a construction project,the warranty period of any repaired part shall be recalculated from such repairpasses the acceptance inspection by the owner and relevant units.

Article 55 When delivering a housing project for use, thedevelopment unit shall provide the owner with the housing quality guarantee andthe use instructions. The use instructions shall specify the housing’s generalinformation, designed service life, functional indexes, position of bearingstructure, layout of pipelines, accessory equipment, supporting facilities aswell as maintenance requirements and prohibited matters in the use.

The municipal competent administrative department forhousing and urban-rural development shall formulate the model texts of the housingquality guarantee and the use instructions.

Article 56 After a construction project is delivered for use,the owner shall be responsible for the safe use of the construction project.The owner shall use the construction project in accordance with the designfunctions and use instructions, and shall be responsible for organizing theinspection, maintenance, safety assessment, safety appraisal, seismic appraisalof the construction project, the governance of safety problems and other activities.

Article 57 The owner or user of a housing is prohibited toarbitrarily alter the main body and bearing structure of the housing.

Where any unit or individual discovers any arbitraryalteration, it or he may report to the competent administrative department for housing and urban-rural development.

 

Chapter V Quality Assurance of ConstructionProjects

 

Section I Market Mechanism

 

Article 58 Unitsrelated to a construction project shall, according to the principles of freewill, equality, fairness and good faith, enter into the survey contract, thedesign contract, the construction contract and the supervision contractaccording to the statutory procedures so as to make clear their respectiverights and obligations, and shall perform their obligations as agreed in suchcontracts.

This Municipality encourages the use of model textsfor such contracts.

The filed contracts related to a construction projectshall act as the basis for the settlement of the project’s construction cost;relevant parties of such contracts shall not enter into other agreementsdeviating from the material contents of filed contracts.

Article 59 The development unit shall set up a engineeringquality management department to be in charge of the management of engineeringquality, and may employ a project management unit to provide professionalquality management services.

Article 60 The development unit shall reasonably determine theconstruction cost of a construction project according to the qualityrequirements and technical standards of the construction project, theprovisions on engineering cost management and the construction pricing basis;with regard to a project with government investment, the investment estimate,design estimate and maximum bidding price shall be determined in a scientificand reasonable manner.

Where the total bidding price of a bidder is lowerthan the precautious line stipulated by this Municipality, and the bidder winsthe bid after the inquiry and evaluation by the committee of bid evaluationexperts, the development unit may properly raise the amount of performanceguarantee.

The development unit shall timely pay the constructioncost in full amount as agreed in the contract.

Article 61 Where the development unit adjusts the survey, designor construction period, it shall shoulder the expenses increased accordingly.

The survey, design or construction period shall bedetermined according to the quota and adjustment range stipulated by the Stateand this Municipality; the time cost by the expropriation of house, thedismantlement, change or removal of pipelines, the removal of trees and forcemajeure events shall not be included in the construction period. No unit shallcondense the survey, design or construction period at will.

Article 62 ThisMunicipality practices the quality insurance system for construction projects.

A development unit engaged in the real estatedevelopment of housing projects shall, before the commencement of aconstruction project, purchase the liability insurance for potential qualitydefects of the construction project in accordance with relevant provisions ofthis Municipality, and the insurance premium shall be included in theconstruction cost. The insurance coverage shall include foundation, majorstructure and waterproofing works; the period of insurance for foundation andmajor structure shall be at least 10 years, and the period of insurance forwaterproofing works shall be at least 5 years.

Units and practitioners related to constructionprojects are encouraged to purchase the professional liability insurance.

Article 63 This Municipality practices the engineering qualitywarranty guarantee system for development units.

A development unit engaged in the real estatedevelopment of housing projects shall, before the sales of a housing, handlethe engineering quality warranty guarantee for the housing. The scope ofwarranty guarantee shall include itemized and partitioned projects whichinfluence the major use functions of the housing including heat preservation,pipelines and elevators. Where the responsibility insurance has been purchasedfor potential quality defects in conformity with the stipulated warranty scopeand period, the warranty guarantee is not necessary.

The preceding paragraph shall apply mutatis mutandisto other development units. 

Article 64 This Municipality practices the construction qualitywarranty guarantee system for general contractors of construction inconstruction projects.

The general contractor and the development unit mayagree on the manner of construction quality warranty guarantee in the generalcontract of construction in accordance with relevant provisions of thisMunicipality.

The development unit shall issue the application forrevoking the letter of guarantee or refund the construction quality guaranteedeposit as agreed in the contract.

Article 65 Industry associations, societies, financialinstitutions and competent administrative departments may, according to thecredit information of units and practitioners related to construction projects,adopt incentive or punitive measures against honesty or dishonesty inactivities related to engineering construction such as guarantee, insurance,qualification, bidding, financial credit and appraisal.

 

Section II Administrative Supervision

 

Article 66 Thecompetent administrative department for housing and urban-rural development orother specialized projects shall set up credit and punishment informationfiles for units and practitioners related to construction projects, as well asestablish the mechanism for the sharing of credit and punishment information,the system for the disclosure of credit and punishment information, and thesystem for graded and classified regulation.

Article 67 Thecompetent administrative department for housing and urban-rural development orother specialized projects shall carry out the regulation in accordance withnational standards, industrial standards and local standards of thisMunicipality.

This Municipality may formulate local standardsstricter than national standardsand industrial standards according to the need for quality management ofconstruction projects.

Article 68 The competent administrative department for housingand urban-rural development or other specialized projects shall perfect themechanism for complaints and reports related to the quality of constructionprojects.

Article 69 The competent administrative department for housingand urban-rural development shall set up the engineering quality supervisionorganization, which shall be specifically responsible for the administrativelaw enforcement in quality supervision of construction projects with theentrustment of the competent administrative department for housing andurban-rural development, shall gradually establish the retrospection mechanismfor the process of administrative law enforcement in quality supervision, aswell as shall analyze and evaluate the dynamics of engineering quality withinthe respective administrative area at regular intervals.

The competent administrative department forspecialized projects may be responsible for the administrative law enforcementin quality supervision of construction projects by itself, or entrust theresponsibility to the organization for quality supervision of specializedprojects.

Article 70 The administrativelaw enforcement in quality supervision of a construction project shall includethe following contents:

(1) theimplementation of laws, regulations and compulsory engineering constructionstandards by units related to construction projects;

(2) thespot check and spot test of the project’s entitative quality involving theproject’s structural safety and major use functions;

(3) thespot check and spot test of major building materials, architectural componentsand equipment;

(4) thesupervision on the project’s completion acceptance inspection;

(5) theorganization of or participation in the investigation and disposal of theproject’s quality accidents; and

(6) theimposition of administrative penalties on illegal and rule-breaking acts inaccordance with law.

Article 71 This Municipality shall establish the coordinationsystem for quality supervision of construction projects. The municipalcompetent administrative department for housing and urban-rural developmentshall be responsible for the comprehensive coordination of construction projectquality in this Municipality; departments with the duty of supervising andadministering the quality ofconstruction projects shall strengthen the coordination and cooperation inquality supervision.

Where there is any intersection or ambiguity in theduty of quality supervision, the comprehensive coordination department shallmake timely coordination; where the duty is difficult to be ascertained, thecomprehensive coordination department shall designate a temporary regulatorydepartment or temporarily perform such duty, and shall timely determine thecompetent department together with relevant departments of the MunicipalPeople’s Government.

 

Chapter VI Legal Liability

 

Article 72 Where any functionary of a state organ neglects his duty, abuses his power or commits illegalities for personal gain in the qualitysupervision and administration of construction projects and a crime isconstituted, he shall be investigated for criminal liability in accordance withlaw; where a crime is constituted, he shall be given administrative sanctionsin accordance with law.

Article 73 Functionaries of state organs shall not, in violationof relevant provisions, interfere in engineering construction, affect thenormal progress of engineering construction, or disturb normal regulation orlaw enforcement activities; where any functionary of a state organ improperlyinterferes in engineering construction, his liability shall be investigated forin accordance with relevant provisions on administrative accountability.

Article 74 Where any survey unit, in violation of Article 9 ofthese Regulations, keeps false, incorrect, incomplete or improperly signed original survey, testing,measurement and experiment records, the competent administrative department forplanning shall order it to make corrections, and impose upon it a fine of notless than 10,000 Yuan but not more than 30,000 Yuan.

Article 75 Where any construction unit, in violation of Article11 of these Regulations, scamps work and stints material, use disqualifiedbuilding materials, architectural components and equipment or fails to carryout the construction in accordance with engineering construction standards andconstruction drawing design documents, the competent administrative departmentfor housing and urban-rural development or specialized projects shall order itto make corrections, and impose upon it a fine of not less than 2% but not morethan 4% of the project contract price; where the circumstances are serious, itshall be ordered to stop business for rectification, and its qualificationgrade shall be lowered or its qualification certificate shall be revoked.

As used in the preceding paragraph, “project contractprice” refers to the contract price of itemized project, unit project orconstruction project directly involved in or may be influenced by any illegalact.

Article 76 Where any engineering quality testing unit orbuilding safety appraisal unit, in violation of Article 14 of theseRegulations, fails to carry out the testing or appraisal in accordance withrelevant laws, regulations and engineering construction standards, thecompetent administrative department for housing and urban-rural developmentshall order it to make corrections and impose upon it a fine of not less than10,000 Yuan but not more than 30,000 Yuan, and it shall suspend undertakingrelevant business for 3 to 9 months.

Where any engineering quality testing unit or building safety appraisal unitissues any false or erroneous testing or appraisal report, the competentadministrative department for housing and urban-rural development shall orderit to make corrections and impose upon it a fine of not less than 50,000 Yuanbut not more than 100,000 Yuan, and it shall suspend undertaking engineeringquality testing or building safety appraisal business for one year; where thecircumstances are serious, its qualification certificate shall be revoked inaccordance with law.

Article 77 Where any engineering monitoringunit, in violation of Article 15 of these Regulations, fails to carry out themonitoring in accordance with relevant laws, regulations, compulsoryengineering construction standards and construction drawing design documents thecompetent administrative department for planning shall order it to makecorrections, and impose upon it a fine of not less than 10,000 Yuan but notmore than 30,000 Yuan, and it shall suspend undertaking relevant engineeringmonitoring business for one year.

Where any engineering monitoring unit forges monitoring data or issues any falsemonitoring report, the competent administrative department for planning shallorder it to make corrections, and impose upon it a fine of not less than 50,000Yuan but not more than 100,000 Yuan, and it shall suspend undertaking allmonitoring business for one year; where the circumstances are serious, itsqualification certificate shall be revoked in accordance with law.

Article 78 Where any project responsible person of a developmentunit, survey unit, design unit, construction unit or supervision unit or anylegal representative of a unit supplying any material related to the main bodyand bearing structure of a building fails to sign the lifelong responsibilityletter for engineering quality or any development unit fails to submit thelifelong responsibility letter for engineering quality in violation ofParagraph 2, Article 16, Paragraph 2, Article 18 or Article 26 of theseRegulations, the competent administrative department for housing andurban-rural development, planning or specialized projects shall order him or itto make corrections within a prescribed time limit; where he or it fails tomake corrections within the prescribed time limit, a fine of not less than 10,000Yuan but not more than 30,000 Yuan shall be imposed upon him or it.

Article 79 Where any production unit of pre-mixed concrete, in violation of Paragraph 2,Article 17 of these Regulations, fails to design the mix proportion or produceaccording to the mix proportion order, uses raw materials that have not beentested or have failed the test, or supplies pre-mixed concrete that have notbeen inspected or have failed the inspection, the competent administrativedepartment for housing and urban-rural development or another competentadministrative department shall order it to make corrections and impose upon ita fine of not less than 100,000 Yuan but not more than 200,000 Yuan; where thecircumstances are serious, it shall be ordered to stop business forrectification or its qualification certificate shall be revoked.

Article 80 Where any professional engaged in engineeringconstruction activities, in violation of Article 20 of these Regulations, signsany false or erroneous technical document, the competent administrativedepartment for housing and urban-rural development, planning or specializedprojects shall order him to make corrections, and impose upon him a fine of notless than 10,000 Yuan but not more than 50,000 Yuan.

Article 81 Where any unit related to a construction projectviolates Article 21 or Article 22 of these Regulations in any of the followingcircumstances, the competent administrative department for housing andurban-rural development, planning or specialized projects shall order it tomake corrections, and impose upon it a fine of not less than 10,000 Yuan butnot more than 50,000 Yuan:

(1) using any person who does not have thecorresponding professional qualification or registered practicing qualification;

(2) using any professional who has not acceptedfurther education as stipulated;

(3) using any professional who has not acceptedtrainings and passed relevant examinations for a key post;

(4) using any frontline operating personnel who hasnot accepted trainings and passed relevant examinations; and

(5) failing to establish the education and trainingsystem for the frontline operating personnel, or failing to carry outvocational trainings at regular intervals in accordance with the education andtraining system.

Article 82 Where any development unit, in violation of Article24 of these Regulations, contracts out a unit project to two or moreconstruction units or directly contracts out pre-mixed concrete, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 0.5% but not more than 1% of the unit project contractprice; with regard to a project wholly or partially use state-owned funds, theproject execution or fund allocation may be suspended.

Article 83 Where any development unit, in violation of Paragraph2, Article 33 of these Regulations, fails to apply for the construction licenseafter the development unit or the construction unit is changed, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 1% but not more than 2% of the project contract price.

Article 84 Where any construction unit, in violation of Paragraph1, Article 34 of these Regulations, allows another unit or individual tocontract for projects in its name by means of affiliation, the competentadministrative department for housing and urban-rural development or specializedprojects shall order it to make corrections, confiscate its illegal gains, andimpose upon it a fine of not less than 2% but not more than 4% of the projectcontract price; it may be ordered to stop business for rectification, and itsqualification grade may be lowered; where the circumstances are serious, itsqualification certificate shall be revoked.

Where any construction unit contracts for projects inthe name of another construction unit by means of affiliation, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to stop illegal acts, confiscate itsillegal gains, and impose upon it a fine of not less than 2% but not more than4% of the project contract price; it may be ordered to stop business forrectification, and its qualification grade may be lowered; where thecircumstances are serious, its qualification certificate shall be revoked.Where any construction unit contracts for projects by means of affiliationwithout obtaining the qualification certificate, it shall be given heavierpunishments.

Where any construction unit, in violation of Paragraph2, Article 34 of these Regulations, assigns or illegally subcontracts a projectcontracted by it, the competent administrative department for housing andurban-rural development or specialized projects shall order it to makecorrections, confiscate its illegal gains, and impose upon it a fine of notless than 0.5% but not more than 1% of the project contract price; it may be orderedto stop business for rectification, and its qualification grade may be lowered;where the circumstances are serious, its qualification certificate shall berevoked.

Article 85 Whereany supervision unit, in violation of Article 36 or Article 41 of theseRegulations, fails to carry out the stand-by at key positions and key processesor practices fraud in the process of acting as a witness, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 30,000 Yuan but not more than 100,000 Yuan.

Article 86 Where any development unit, in violation of Article39 of these Regulations, fails to organize the inspection upon the delivery ofgoods when purchasing precast concrete components, rebar and steel structureelements, the competent administrative department for housing and urban-ruraldevelopment or specialized projects shall order it to make corrections, andimpose upon it a fine of not less than 100,000 Yuan but not more than 200,000Yuan; where any development unit purchases disqualified precast concretecomponents, rebar and steel structure elements and uses them in a project, thecompetent administrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 200,000 Yuan but not more than 500,000 Yuan.

Article 87 Where any construction unit commits any of thefollowing acts in violation of Paragraph 1, Article 40 or Article 44 of theseRegulations, the competent administrative department for housing andurban-rural development or specialized projects shall order it to makecorrections, and impose upon it a fine of not less than 30,000 Yuan but notmore than 100,000 Yuan; where a quality accident is caused, it shall be orderedto stop business for rectification, and its qualification grade shall belowered or its qualification certificate shall be revoked:

(1)using building materials, architectural components and equipment, premixedconcrete, precast concrete components or relevant special engineering materialsthat have not be examined by the supervision unit;

(2) practicing fraud in the submission of samples orthe entry inspection; and

(3) commencing the construction of the next stage whenconcealed works, inspection lots as well as itemized and portioned projects have not been inspected for acceptance bythe supervision unit or have failed such acceptance inspection.

Article 88 Where any development unit, in violation of Article 41of these Regulations, fails to entrust a testing unit to carry out the testing, the competent administrativedepartment for housing and urban-rural development or specialized projectsshall order it to make corrections, and impose upon it a fine of not less than100,000 Yuan but not more than 300,000 Yuan.

Article 89 Where any unit, in violation of Paragraph 2, Article42 of these Regulations, falsifies or forges the testing report, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 300,000 Yuan but not more than 100,000 Yuan.

Article 90 Where any supervision unit fails to require theconstruction unit to immediately stop construction for rectification or anyconstruction unit fails to report if it refuses to stop construction forrectification in violation of Paragraph 2 or 3, Article 43, Paragraph 2,Article 44 or Article 45 of these Regulations, the competent administrativedepartment for housing and urban-rural development or specialized projectsshall order it to make corrections, and impose upon it a fine of not less than10,000 Yuan but not more than 50,000 Yuan.

Where any construction unit fails to stop constructionfor rectification as required by the supervision unit, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 30,000 Yuan but not more than 100,000 Yuan.

Article 91 Where any supervision unit, in violation of Paragraph2, Article 44 or Paragraph 1, Article 47 of these Regulations, accepts anydisqualified concealed work, inspection lot or itemized or portioned projectafter inspection or pre-accepts any disqualified unit project after thepre-acceptance quality inspection of such project, the competent administrativedepartment for housing and urban-rural development or specialized projects shallorder it to make corrections, and impose upon it a fine of not less than 30,000Yuan but not more than 100,000 Yuan.

Article 92 Where any development unit, construction unit orsupervision unit, in violation of Article 46 of these Regulations, fails toreport any major engineeringquality problem involving the structural safety within 3 days, the competentadministrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it a fineof not less than 30,000 Yuan but not more than 100,000 Yuan.

Article 93 Where any development unit, construction unit orsupervision unit, in violation of Paragraph 2, Article 47 of these Regulations,accepts any disqualified unit project after the quality inspection of suchproject, the competent administrative department for housing and urban-ruraldevelopment or specialized projects shall order it to make corrections, imposeupon the development unit a fine of not less than 2% but not more than 4% ofthe unit project contract price, and impose upon the accountable constructionunit or supervision unit a fine of not less than 100,000 Yuan but not more than200,000 Yuan.

Where any survey unit or design unit accepts anydisqualified unit project after the quality inspection of such project, thecompetent administrative department for planning shall order it to makecorrections, and impose upon it a fine of not less than 100,000 Yuan but notmore than 200,000 Yuan.

Article 94 Where any construction unit, in violation of Paragraph2, Article 48 of these Regulations, accepts any disqualified project after thecompletion acceptance inspection of such project, the competent administrativedepartment for housing and urban-rural development or specialized projectsshall order it to make corrections, impose upon the development unit a fine ofnot less than 1% but not more than 2% of the project contract price.

Where any survey unit or design unit accepts anydisqualified project after the completion acceptance inspection of suchproject, the competent administrative department for planning shall order it tomake corrections, impose upon it a fine of not less than 25% but not more than50% of the survey fee or design fee agreed in the contract.

Article 95 Where any development unit, in violation of Article53 of these Regulations, fails to set up permanent signs as stipulated, thecompetent administrative department for housing and urban-rural development orspecialized projects shall order it to make corrections within a prescribedtime limit; where it fails to make corrections within the prescribed timelimit, it shall be imposed upon a fine of 30,000 Yuan.

Article 96 Where any development unit, in violation of Article54 of these Regulations, fails to perform its quality warranty obligation, thecompetent administrative department for housing and urban-rural development orspecialized projects shall order it to make corrections, and impose upon it afine of not less than 100,000 Yuan but not more than 500,000 Yuan; it shallalso assume compensation liability for the loss caused by any quality defect.

Article 97 Where any development unit, in violation of Paragraph1, Article 55 of these Regulations, fails to provide the owner of a housing with the housingquality guarantee or the use instructions, the competent administrativedepartment for housing and urban-rural development or specialized projectsshall order it to make corrections, and may impose upon it a fine of not lessthan 10,000 Yuan but not more than 50,000 Yuan.

Article 98 Where both parties of a filed contract, in violationof Paragraph 3, Article 58 of these Regulations, enter into any other agreementdeviating from the material contents of such filed contract, the competentadministrative department for housing and urban-rural development orspecialized projects shall order them to make corrections, and may impose uponthem a fine of not less than 0.5% but not more than 1% of the project contractprice.

Article 99 Where any unit, in violation of Paragraph 2, Article61 of these Regulations, condenses the survey, design or construction period atwill, the competent administrative department for housing and urban-ruraldevelopment, planning or specialized projects shall order it to makecorrections, and impose upon it a fine of not less than 200,000 Yuan but notmore than 500,000 Yuan.

Article 100 Where any development unit engaged in the real estatedevelopment of housing projects, in violation of Paragraph 2, Article 63 ofthese Regulations, fails to handle the engineering quality warranty guaranteefor any housing, the competent administrative department for housing andurban-rural development shall order it to make corrections within a prescribedtime limit; where it fails to make corrections within the prescribed timelimit, it shall be imposed upon a fine of not less than 100,000 Yuan but notmore than 300,000 Yuan.

Article 101 Where any development unit, in violation of Paragraph3, Article 64 of these Regulations, fails to timely issue the application forrevoking the letter of guarantee or refund the construction quality guaranteedeposit, the competent administrative department for housing and urban-ruraldevelopment or specialized projects shall order it to make corrections within aprescribed time limit; where it fails to make corrections within the prescribedtime limit, it shall be imposed upon a fine of not less than 100,000 Yuan butnot more than 500,000 Yuan.

Article 102 Where a fine is imposed upon a unit in accordancewith these Regulations, the person with direct responsibility for the unit andother directly responsible persons shall be imposed upon a fine of not lessthan 5% but not more than 10% of the fine imposed upon the unit. Where anyproject responsible person or registered practitioner of a development unit,survey unit, design unit, construction unit or supervision unit causes anymajor quality problem involving the structural safety or major use functionsdue to his fault, it shall not act as a project responsible person within 2years.

Article 103 Where any unit or practitioner related to constructionprojects violates these Regulations and a crime is constituted, the directlyresponsible person shall be investigated for criminal liability in accordancewith law; where any loss is caused, the responsible unit shall assumecompensation liability in accordance with law.

 

Chapter VII Supplementary Provisions

 

Article 104 As used in these Regulations, “development unit”refers to the legal person that enters into the contract for a constructionproject with the survey unit, the du, the general contractor and thesupervision unit.

Article 105 These Regulations shall not apply to the constructionof temporary houses and buildings for rescue and relief or other purposes orlow-rise residences built by farmers themselves as well as the administrationof military construction projects.

Article 106 These Regulations shall be effective as of January 1,2016.