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Administrative Measures for the Determination and Investigation of Illegal Activities such as Subcontracting and Subcontracting of Construction Projects (Trial)

浏览 Source: ykhsj.com Release time: 2014-01-01 15:27 Times
Notice of the Ministry of Housing and Urban-Rural Development on Printing and Distributing the "Administrative Measures for the Determination and Investigation of Illegal Activities such as Subcontracting and Subcontracting of Construction Projects (Trial)"
Departments of Housing and Urban-Rural Development of various provinces and autonomous regions, municipal construction commissions, and Xinjiang Production and Construction Corps Construction Bureau:
In order to regulate the construction contracting activities of construction projects, ensure the quality and safety of construction, effectively curb illegal acts such as illegal subcontracting, subcontracting, illegal subcontracting and affiliation, and maintain the order of the construction market and the legitimate rights and interests of the main participants in construction projects, our Ministry has formulated The "Administrative Measures for the Determination and Investigation of Illegal Activities such as Subcontracting and Subcontracting of Construction Projects (Trial)" has been issued to you. Please follow them. Please report any problems encountered during the implementation process to our department.
Ministry of Housing and Urban-Rural Development of the People's Republic of China
August 4, 2014
Administrative Measures for the Determination and Investigation of Illegal Activities such as Subcontracting and Subcontracting of Construction Projects (Trial)
Article 1 In order to regulate the construction contracting activities of construction projects, ensure the quality and safety of construction, effectively curb illegal acts such as illegal subcontracting, subcontracting, illegal subcontracting and affiliation, and maintain the order of the construction market and the legitimate rights and interests of the main participants in construction projects, According to the "Building Law", "Tendering and Bidding Law", "Contract Law" and "Regulations on the Quality Management of Construction Projects", "Regulations on the Management of Construction Work Safety Production", "Implementation Regulations on the Tendering and Bidding Law", and in combination with the practice of construction activities, Develop this approach.
Article 2 The construction projects referred to in these Measures refer to the building construction and municipal infrastructure projects.
Article 3 The Ministry of Housing and Urban-Rural Development is responsible for the unified supervision and management of illegal acts such as contracting out, subcontracting, illegal subcontracting and attachment of construction projects nationwide.
The competent department of housing and urban-rural construction of local people's governments at or above the county level is responsible for the identification and investigation of illegal acts such as outsourcing, subcontracting, illegal subcontracting, and affiliation of construction projects in their respective administrative areas.
Article 4 The term “illegal contracting” as mentioned in these Measures refers to the construction unit contracting out a project to a unit or individual without the corresponding qualifications, or dismembering the contracting or other acts in violation of laws and regulations.
Article 5 Any one of the following situations is illegal contracting:
(1) The construction unit issues a contract to an individual;
(2) The construction unit issues a contract to a construction unit that does not have the corresponding qualification or production safety permit;
(3) Failure to perform statutory contracting procedures, including bidding without bidding in accordance with law, and application for direct contracting without application or application for approval;
(4) The construction unit sets unreasonable conditions for bidding, restricting or excluding potential bidders or bidders;
(5) The construction unit decomposes the construction of a unit project into several parts and outsources them to different general contractor or professional contractor;
(6) The construction unit issues a separate contract for the unit project or a part of the project within the scope of the construction contract;
(7) The construction unit violates the construction contract and requires the contracting unit to choose its designated subcontracting unit through various forms;
(8) Other illegal acts of contracting out as provided by laws and regulations.
Article 6 The term “subcontracting” as mentioned in these Measures means that after the construction unit has contracted the project, it fails to perform its contractual obligations and obligations, and dismantles all its contracted projects or dismembers all its contracted projects and transfers them to others in the name of subcontracting Unit or individual construction behavior.
Article 7 One of the following situations is subcontracting:
(1) The construction unit transfers all the contracted projects to other units or individuals for construction;
(2) After the construction general contractor or professional contractor dismembers all the projects contracted by it, it shall be transferred to other units or individuals for construction in the name of subcontracting;
(3) The main contractor such as the construction general contractor or professional contractor did not set up a project management agency at the construction site or did not assign project managers, technical leaders, quality management leaders, safety management leaders, etc. The construction activities of the project are organized and managed;
(4) The construction general contractor or professional contractor does not perform its management obligations, and only charges the actual construction unit, and the procurement of major building materials, components and engineering equipment is carried out by other units or individuals;
(5) The scope of the contract by the labor subcontracting unit is all the projects contracted by the general construction contractor or professional contracting unit. The labor subcontracting unit calculates the total amount of the project in addition to the "management fee" paid to the general construction contractor or professional contracting unit. Full project price;
(6) The construction general contractor or professional contractor directly or disguisedly transfers all its contracted projects to other units or individuals for construction through cooperation, joint ventures, or individual contracting;
(7) Other subcontracting activities provided by laws and regulations.
Article 8 The illegal subcontracting as mentioned in these Measures refers to the act of subcontracting a unit project or a sub-item project to other units or individuals after the contracting of the project by the construction unit in violation of laws and regulations or the agreement on subcontracting in the construction contract. .
Article 9 Any of the following situations is illegal subcontracting:
(1) The construction unit subcontracts the project to individuals;
(2) The construction unit subcontracts the project to a unit that does not have the corresponding qualifications or production safety permits;
(3) Where there is no agreement in the construction contract, and without the approval of the construction unit, the construction unit has handed over some of its contracted projects to other units for construction;
(4) if the construction general contractor subcontracts the construction of the main structure of the building construction project to other units, except for the steel structure project;
(5) the professional subcontracting unit subcontracts the non-labor service part of the professional project it is contracting;
(6) The subcontracting unit subcontracts the labor contracted by it;
(7) In addition to the labor service expenses, the labor subcontracting unit also calculates the main construction materials, turnover materials and large and medium-sized construction machinery and equipment costs;
(8) Other illegal subcontracting activities provided by laws and regulations.
Article 10 "Attachment" as mentioned in these Measures refers to the act of a unit or individual contracting a project in the name of another qualified construction unit.
The contracted projects referred to in the preceding paragraph include participation in bidding, entering into contracts, handling related construction procedures, and engaging in construction and other activities.
Article 11 If any of the following situations exists, it belongs to affiliation:
(1) Units or individuals without qualifications borrow the qualifications of other construction units to contract for projects;
(2) Qualified construction units borrow each other's qualifications for contracting projects, including those with low qualifications with high borrowing qualifications, those with high qualifications with low borrowing qualifications, and those with the same qualifications borrow each other;
(3) The professional subcontracting unit is not the construction general contractor or professional contracting unit of the project, except that the construction unit is the contracting unit according to the contract;
(4) The labor contracting unit is not the general contractor, professional contractor or professional subcontractor of the project;
(5) More than one of the project leader, technical director, quality manager, and safety manager responsible for the construction unit at the construction site has not entered into a labor contract with the construction unit, or has not established a relationship with labor wages or social endowment insurance;
(6) There is no relationship between the actual construction general contractor or professional contractor and the construction unit in terms of the receipt or payment of the project money, or the unit stated in the payment certificate of the project money is inconsistent with the contractor unit specified in the construction contract, and cannot be reasonably explained. And provide proof of materials;
(7) It is stipulated in the contract that the main construction materials, components and engineering equipment or construction machinery and equipment purchased or leased by the general construction contractor or professional contractor shall be purchased or leased by other units or individuals, or the construction unit cannot provide relevant information. Proof of purchase, lease contract, invoice, etc., which cannot be reasonably explained and provide proof of materials;
(8) Other attachment behaviors required by laws and regulations.
Article 12 If the construction unit and the supervision unit find out that the construction unit has committed illegal acts such as subcontracting, illegal subcontracting, or affiliation, it shall promptly report to the housing urban and rural construction department of the people's government at or above the county level where the project is located.
If the construction general contractor or professional contractor finds that the subcontractor has illegal subcontracting or affiliation, it shall promptly report to the construction unit and the competent department of housing urban and rural construction of the people's government at or above the county level where the project is located; If necessary, it shall promptly report to the competent department of housing urban and rural construction of the people's government at or above the county level where the project is located.
Any other unit or individual who discovers illegal acts such as outsourcing, subcontracting, illegal subcontracting, and affiliation can report to the competent urban and rural construction department of the people's government at or above the county level and provide relevant evidence or clues.
The department in charge of housing urban and rural construction that has received the report shall accept, investigate, identify and dispose of it in accordance with the law. Except that it cannot inform the reporter, it shall promptly inform the reporter of the investigation result.
Article 13 The competent department of housing urban and rural construction of the people's government at or above the county level shall increase law enforcement efforts to illegally subcontract, subcontract, illegal subcontract, and affiliate illegal activities found in the implementation of construction market and construction site supervision and management. Investigations shall be conducted in accordance with law, determinations shall be made in accordance with these Measures, and administrative penalties shall be imposed in accordance with law.
(1) If a construction unit subcontracts a project to a construction unit that does not have a corresponding qualification level, it shall be ordered to make corrections in accordance with Article 65 of the Construction Law and Article 54 of the Regulations on Construction Project Quality Management. Fines ranging from RMB 500,000 to RMB 1 million. If the construction unit dismantles and issues the construction project, it shall be ordered to make corrections according to Article 65 of the Construction Law and Article 55 of the Regulations on the Quality Management of Construction Projects. Fines; for projects that use state-owned funds in whole or in part, the execution of projects or the appropriation of funds may be suspended.
(2) Construction units that have been found to have subcontracted, illegal subcontracting and illegal acts shall be ordered to make corrections and confiscate the illegal proceeds in accordance with Article 67 of the Building Law and Article 62 of the Regulations on Construction Project Quality Management. , And a fine of 0.5% to 1% of the contract price of the project; may be ordered to suspend business for rectification and lower the qualification level; if the circumstances are serious, the qualification certificate shall be revoked.
(3) For construction units or individuals who have been identified as having an attachment behavior, according to Article 65 of the Construction Law and Article 60 of the Regulations on the Quality Management of Construction Projects, for construction units that have contracted projects that exceed their qualification level, Order to stop illegal behaviors and impose a fine of 2% to 4% of the contract price; you can order to suspend business for rectification and lower the qualification level; if the circumstances are serious, the qualification certificate will be revoked; if there is illegal income, it will be confiscated. Units and individuals who have not obtained qualification certificates for contracting projects shall be banned and fined from 2% to 4% of the contract price of the project; if they have illegal income, they shall be confiscated. Other construction units that have borrowed qualifications for contracting projects shall be penalized for contracting projects in accordance with the qualification level beyond their own units.
(4) For construction units that are found to have transfer or lending qualification certificates, or otherwise allow others to contract for projects in their own name, in accordance with Article 66 of the Construction Law and Article 61 of the Regulations on Construction Project Quality Management Articles stipulate that corrections shall be ordered, illegal gains shall be confiscated, and fines of 2% to 4% of the contract price shall be imposed; the company may be ordered to suspend business for rectification and lower the qualification level; if the circumstances are serious, the qualification certificate shall be revoked.
(5) If the construction unit or construction unit is fined by the unit, the person in charge directly responsible for the unit and other directly responsible persons shall be fined by the unit in accordance with Article 73 of the "Regulations on Construction Project Quality Management" 10 Fines below%.
(6) If registered practitioners fail to implement laws and regulations, they shall be ordered to stop practicing for more than 3 months and less than 1 year in accordance with Article 58 of the “Regulations on the Administration of Work Safety in Construction Engineering”; if the circumstances are serious, the qualification certificate shall be revoked, Registration is not allowed within 5 years; if a major security accident is caused, it will not be registered for life; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law. For registered practitioners who violate laws and regulations and cause quality accidents due to their faults, they shall be ordered to stop practicing for one year in accordance with the provisions of Article 72 of the “Regulations on the Quality of Construction Projects”; if major quality accidents are caused, their practice qualification certificates shall be revoked within five years Registration is not allowed; if the circumstances are particularly bad, it will not be registered for life.
Article 14 The competent departments of housing and urban-rural construction of the people's governments at or above the county level shall, in addition to units and individuals who commit illegal acts such as subcontracting, subcontracting, illegal subcontracting, and affiliation, be subject to corresponding administrative penalties in accordance with Article 13 of these Measures , You can also take the following administrative measures:
(1) If a construction unit issues a contract illegally, refuses to rectify or fails to meet the requirements, and renders the construction contract invalid, it shall not go through the procedures of quality supervision and construction permit. For all or part of projects that use state-owned funds, the construction unit shall be informed of its illegal contracting activities by its superior department and disciplinary inspection and supervision department, and it is recommended that the person in charge directly responsible for the construction unit and other directly responsible personnel shall be given corresponding administrative sanctions.
(2) Construction units that have been found to have illegal activities such as subcontracting, illegal subcontracting, affiliation, transfer of lending qualification certificates, or otherwise allowing others to contract projects in their own name, may be restricted by law from being allowed to participate within three months. Tendering and bidding activities at the place where the illegal act occurred, contracting for new construction projects, and checking whether the qualification of the enterprise meets the qualification standards and rectification within a time limit that fails to meet the qualification standards, and the rectification still fails to meet the requirements, the qualification approval authority Withdraw its qualification certificate.
Construction units that have subcontracted, illegally subcontracted, linked, transferred lending qualification certificates or otherwise allowed others to contract for projects in their own name within 2 years shall be ordered to suspend business for more than 6 months. Contract for new engineering projects.
For construction units that have subcontracted, illegally subcontracted, linked, transferred or loaned qualification certificates or otherwise allowed others to contract for projects in their own name within two years, the qualification approval authority lowers their qualification level.
(3) If a registered practitioner fails to implement laws and regulations and acts as the project leader of the construction unit in a project that has been subcontracted, his practice qualification certificate shall be revoked, registration shall not be made within 5 years, and he shall not be the project leader of the construction unit.
Individuals who have been identified as having attachment behaviors may no longer serve as project leaders of the construction unit of the project; their practice qualification certificates shall be revoked, and they shall not be registered for practice within 5 years; if major quality and safety accidents are caused, their practice qualification certificates shall be revoked , Will not be registered for life.
Article 15 The competent department of housing and urban-rural construction of the people's government at or above the county level shall record the results of punishment, punishment, subcontracting, affiliation, and other illegal acts and punishment results in units or personal credit files, and make them public to the society, and Reported to the Ministry of Housing and Urban-Rural Development and publicized on the national construction market supervision and integrity information release platform.
Article 16 Other professional projects other than construction projects shall be implemented with reference to these Measures. The competent department of housing, urban and rural construction of the provincial people's government may, in light of local conditions, formulate corresponding implementation rules in accordance with these Measures.
Article 17 The interpretation of these measures is the responsibility of the Ministry of Housing, Urban and Rural Construction.
Article 18 These Measures shall be implemented as of October 1, 2014. If the relevant regulations previously issued by the Ministry of Housing and Urban-Rural Development are inconsistent with the provisions of these Measures, these Measures shall prevail.
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