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Sichuan Province "Regulations for the Administration of Construction Machinery Leasing Industry" Implementing Rules

Classification:
Industry regulations
Author:
Source:
2011/07/27 15:24
Chapter 1 General
The first article is to implement the spirit of the "Notice on the Administration of the Measures for the Administration of Leasing of Construction Machinery Leasing Industry" issued by the General Office of the Ministry of Construction (Jianban City [2006] No. 82), to fulfill the supervision function of the construction market, and to assist the government in rectifying regulations and Cultivate construction machinery equipment and formwork leasing market in Sichuan Province, play industry association management and self-discipline role, maintain the legitimate rights and interests of both sides of construction machinery leasing, promote the healthy development of construction machinery leasing industry, and bring casual and random leasing behavior into the formal Management channels, to ensure the quality and safety of construction projects, and to reduce the occurrence of accidents, have formulated the implementation details.
Article 2 The term "construction machinery" as used in these Rules refers to lifting machinery, concrete machinery, pile machinery, earth-rock machinery, transportation machinery, and excavation machinery used for building construction, as well as construction equipment such as formwork and scaffolding.
Article 3 The term "construction machinery rental enterprise" as used in these Measures refers to a construction enterprise that specializes in the construction machinery leasing business, as well as self-owned construction machinery and leasing businesses to the society.
Article 4 The Sichuan Construction Industry Association shall establish and improve the industry self-discipline mechanism, and shall be responsible for industry confirmation, industry credit evaluation, and establishment of a leasing information platform for enterprises engaged in the leasing of building construction machinery equipment and formwork equipment. The specific work is organized and implemented by the Sichuan Construction Industry Association's Equipment Materials and Waterproofing Sub-Council (hereinafter referred to as the Sub-Council).
Article 5 The equipment leasing companies and building construction enterprises engaged in various types of construction machinery equipment, formworks, etc. in Sichuan Province shall abide by the regulations and provisions of these Rules.
Article 6 A construction enterprise shall lease the construction machinery and equipment used by the leasing enterprise that has obtained the "Industry Confirmation Certificate".
Article 7 Any enterprise outside Sichuan Province that engages in the leasing operation of construction machinery equipment formworks shall register with the Sichuan Construction Industry Association with the “Industry Confirmation Letter” of the China Construction Industry Association’s Machinery Management and Leasing Subcommittee.
 
Chapter II Industry Confirmation of Construction Machinery and Equipment Leasing Enterprises
Article 8 Any enterprise that engages in construction machinery and formwork leasing activities in Sichuan Province shall implement the construction machinery leasing industry and confirm:
(1) Enterprises engaged in leasing of construction machinery;
(2) Enterprises engaged in the leasing of formwork and scaffolding;
(3) Among the construction enterprises (or service subcontractors) that have relevant business licenses, they shall carry out their own branches of the construction machinery and module leasing activities for the society.
Article 9 The industry confirmation shall be divided according to the business area leased by the enterprise: the province's industry confirms and the provincial industry confirms.
Article 10 The basic conditions for undertaking industry confirmation in Sichuan Province:
(I) Construction Machinery Leasing Enterprises
1. Obtain valid business licenses and tax registration certificates issued by the business sector;
2. Registered capital or operating capital of more than 500,000 yuan;
3. The total construction cost of self-owned construction machinery for lease is not less than RMB 2 million and not less than 10 sets (sets) or not less than 400 kilowatts;
4, have to meet the rental service requirements of construction machinery and equipment and maintenance base and the corresponding testing equipment;
5. The number of technical and managerial personnel who have undergone industry training and obtain qualification certificates is not less than six, and there are no less than 10 professional technical maintenance workers;
6. The installation, use, and operation of cranes must be trained and they must hold the “certificate for personnel installation and disassembly and use of lifting equipment” of the Sichuan Provincial Department of Construction;
7. The company has a sound management system and various rules and regulations.
(B) Template, scaffolding leasing companies and subcontracting enterprises
1. Obtain valid business licenses and tax registration certificates issued by the business sector;
2. Registered capital or operating capital of more than 300,000 yuan;
3, have steel pipe, fasteners, templates and all kinds of scaffolding more than 1 million yuan;
4, to meet the rental maintenance and repair base;
5. After industry training, no less than 5 management and technical personnel have obtained qualification certificates, and the number of workers is no less than 10;
6, have the necessary inspection and acceptance equipment;
7. The company has a sound management system and various rules and regulations.
Article 11 Enterprises that have established industry certification in Chuanchuan shall have the following basic conditions:
(1) obtaining the business license and tax registration certificate issued by the industrial and commercial sector;
(2) Registered funds or operating funds of 3 million yuan or more;
(3) No less than 30 (construction) or less than 1,200 kilowatts of building construction machinery available for lease;
(4) The maintenance base area is over 4,000 square meters;
(5) Not less than 12 technical and managerial personnel who have undergone industry training and obtained training certificates, and no less than 9 professional technical maintenance workers;
(6) Lifting machine operators must pass industry training qualifications and hold the "certificate of personnel for the installation and disassembly and use of lifting equipment" of the Sichuan Provincial Department of Construction;
(7) Have the necessary testing equipment;
(8) The company has a sound management system and various rules and regulations.
(9) The enterprises in Chuanchuan shall be issued preliminary confirmation by the Association, and shall be submitted to the China Association of Construction for approval and issued an industry confirmation letter.
Article 12 An enterprise that applies for confirmation of the construction machinery leasing industry shall provide the following information:
(I) Construction Machinery Leasing Enterprises
1. Enterprise application form (Annex 1);
2. Business licenses and tax registration certificates that have passed the annual inspection;
3. The company's balance sheet for the three months prior to the application date;
4. The basic conditions of leasing machinery and equipment, namely the number of units, production licenses, factory qualification certificates, new product appraisal books, lease contracts, installation plans, machinery and equipment inspection reports, etc.;
5. The basic situation of the company, the status of management personnel and workers holding certificates, various management systems, and lease contracts.
(B) template, scaffold rental companies
1. Enterprise application form (Annex 1);
2. Business licenses and tax registration certificates that have passed the annual inspection;
3. Test reports on templates, scaffolds, and other products issued by organizations that have qualified for testing.
4, the basic situation of rental mold, total assets, factory certification, production license, batch inspection report;
5. The basic situation of the company, the management personnel and the worker's license, the management system, and the lease contract.
Article 13 Procedures for Enterprises to Apply for Industry Confirmation:
(I) Confirmation of Industries in Sichuan Province: Enterprises Submit Application Materials Directly to Sichuan Construction Industry
The Association's equipment, materials, and waterproofing subcommittees will be initially reviewed by the club’s expert committee, and will be publicized on Sichuan Construction Network and Sichuan Construction Online. The qualified club will issue an industry confirmation letter, and will also report to the China Construction Industry Association’s Machinery Management and Leasing Subcommittee for filing ( For the record form, see Annex 2).
(II) Confirmation from the province's industry: The club is responsible for accepting the application materials of provincial enterprises, submitting it to the China National Construction Industry Association's mechanical management and leasing branch for review, and issuing the industry confirmation letter. A provincial company must go to the club to get a provincial certificate.
(3) Enterprises from other provinces that enter Sichuan to conduct leasing must go to the branch to register and strictly abide by relevant regulations of the China Construction Industry Association regarding relevant industry confirmation.
(four) processing time 20 working days.
Article 14 The industry confirmation is valid for two years. The industry confirmation book is divided and printed and printed by the China Construction Industry Association.
Article 15 The industry's confirmation of a club shall be subject to the supervision of the enterprise and the society. The club accepts relevant complaints.
 
Chapter III Credit Evaluation of Construction Machinery Leasing Enterprises
Article 16 Sichuan Construction Industry Association regularly organizes industry credit evaluation activities for construction machinery leasing companies. The main content of its industry credit evaluation is:
(1) Enterprise evaluation: the level of enterprise management; the completeness of the mechanical equipment mold racks entering the construction site; the timely elimination, maintenance and periodic inspection of the mold rack failures of the rented machinery equipment; the contract compliance rate; the safe use of the machinery equipment formwork; compliance Industry self-regulations.
(2) User evaluation: The lessee's evaluation and complaints about the company's performance and service quality. The organization of the club’s construction industry regularly conducts satisfaction surveys or spot checks on leased companies.
(III) Social assessment: social complaints and handling, including measures such as environmental protection and energy saving for rental machinery; cases of recognition or punishment; evaluations or certifications of relevant organizations. Dynamic management of construction machinery leasing industry confirmation.
Article 17 The club is responsible for the dynamic management of the construction machinery leasing industry.
(1) To verify the authenticity of enterprise application materials;
(b) accepting complaints and verifying the situation;
(III) For non-compliant companies, this Council will handle them in accordance with relevant laws and regulations.
Article 18 In case of any of the following violations, the Sichuan Construction Industry Association will give a written warning and publish it in the relevant media of the sub-committee website http://sbcl.sccin.com.cn. For serious cases, causing major accidents, the society Bad influence shall be withdrawn from the industry confirmation, and an announcement shall be made and reported to the competent administrative department of construction for disposal according to law.
(1) The unqualified, scrapped, out-of-order machinery, formwork, and machinery that the country has ordered to be eliminated;
(2) Failing to provide timely and effective services to the lessee as stipulated in the contract, being complained and confirmed;
(3) The leasing party's mechanical equipment operator fails to hold the industry training qualification certificate issued by the competent authority as required;
(4) To reduce the order of the construction and leasing market by reducing the standards and quality of the leased well-being, lowering the cost, lowering the cost, and engaging in unfair competition;
(5) Violating the safety operation rules, resulting in a safety accident or property loss;
(6) Defrauding the declaration data and defrauding industry confirmation letters;
(7) Serious violation of the industry self-regulation convention.
Article 19 The Sichuan Construction Industry Association shall organize the "Convention on the Self-discipline of the Construction Machinery Leasing Industry", and organize the implementation and supervision and inspection.
 
Chapter IV Use Management of Leasing Enterprises
Article 20 Enterprises that rent out lifting equipment and attach lifting scaffolds must obtain relevant professional qualification certificates and safety production licenses issued by the construction department and qualification certificates for labor subcontracting enterprises. Relevant workers must obtain the “Qualification Certificate for Installation, Disassembly, and Use of Lifting Equipment” of the Sichuan Provincial Department of Construction.
Article 21 The charter enterprise shall not command illegally. If a major accident is caused by illegal command, the lessee must bear all the economic losses caused by the accident and bear civil liability and criminal liability.
Article 22 The leasing parties shall sign a leasing contract to clarify the responsibilities, obligations and rights of both parties. And strictly fulfill the contract's various agreements. It is forbidden to raise or lower the rental expenses of the arbitrage squad without authorization. Violent competition is taken for unfair means. After investigation and punishment, the industry self-discipline convention is seriously dealt with, and the “industry confirmation certificate” is withdrawn and published on the relevant website.
 
Chapter 5 Leasing Information Service
Article 23 Use the model text of the "Land Construction Machinery Leasing Construction Contract" formulated by the China Construction Association Mechanical Management and Leasing Subcommittee. The "Contract" mainly includes the following:
(a) the agreement;
(2) General Terms (applicable to all types of machinery leasing activities and various types of leasing companies);
(3) Special terms: Classified according to lifting appliances, concrete machinery, piling machinery, earth and stone machinery, transportation machinery, excavating machinery, and formwork.
Article 24 A provincial construction machinery rental information service platform based on the website of the branch shall be established to provide information services. Its main content is as follows:
(1) Confirmation results of construction equipment leasing industry such as construction machinery and formwork;
(2) The illegal treatment of lease companies and the withdrawal of industry confirmations;
(3) To provide information on the supply and demand of construction machinery leasing and leasing prices;
(4) Provide legal, technical and other consulting services;
(e) Recommend new products, new technologies, new processes, new machinery.
Realize the links between the branch network and the China Construction Industry Association's machinery management and leasing network, and member website, or create a member website to enhance industry information exchange and provide both parties with fast and effective services.
Article 25 This "Implementation Rules" shall take effect from the date of its release.