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Harbin Municipal People's Government Order

Classification:
Local laws
Author:
Source:
2011/10/11 15:37
The "Administrative Measures for the Qualifications of Construction Enterprises in Harbin City" has been passed at the 80th executive meeting of the Municipal People's Government on May 12, 2011 and is hereby promulgated. It will come into effect on July 1, 2011.
 
Mayor Lin Biao
May 27, 2011
 
Harbin City Construction Enterprise Qualification Management Measures
Chapter 1 General
Article 1 In order to strengthen the qualification management of construction companies, maintain the order of the construction market, and guarantee the quality and safety of construction projects, it is based on the "Construction Law of the People's Republic of China", the "Administrative Regulations of the Construction Market of Heilongjiang Province" and the "Administrative Regulations of the Construction Market of Harbin City", etc. The provisions of laws and regulations, combined with the actual conditions of this Municipality, have formulated these Measures.
 
Article 2 These Measures shall apply to the application of the qualifications of the three-level general contracting, the three-level professional contracting and labor subcontracting of construction enterprises within the administrative area of ​​this Municipality, and the dynamic supervision of the qualifications of the construction enterprises at all levels and in all categories.
The term "construction enterprise" as mentioned in these Measures shall include: enterprises engaged in civil engineering, construction engineering, installation of line and pipeline equipment, and decoration projects.
 
Article 3 The qualification management of construction enterprises adopts the principle of graded examination and approval, territorial supervision and survival of the fittest.
 
Article 4 The municipal administrative department of construction shall be responsible for the organization and implementation of these Measures. The daily management work may be entrusted with the qualification management agency of the construction enterprise.
The county (city) construction administrative department shall be responsible for the supervision of the qualifications of the construction industry enterprises within its jurisdiction in accordance with the terms of reference.
Chapter II Qualifications
Article 5 A construction industry enterprise shall apply for the corresponding qualifications to the competent construction administration department that has the construction permit qualification according to its registered capital, professional and technical personnel, technical equipment, and completed performance of construction projects. Only after obtaining the corresponding qualification grade certificate of the construction industry can the construction activities be carried out within the scope of the qualification permit.
 
Article 6 To handle the following qualifications of construction enterprises, an application shall be submitted to the municipal construction administrative department:
 
(1) Third-grade qualification of the general contracting sequence for construction (excluding the three-level construction general contracting qualifications of enterprises and their subordinate enterprises directly supervised by the state-owned assets management department of the State Council and the three-level qualifications of railways, transportation, information industry, and general contracting of water resources) ;
(II) Three-level qualification of professional contracting sequence (Excluding special qualifications for professional engineering and geothermal engineering contracting qualifications for professional qualifications of third-party qualifications and unqualified grades for railways, transportation, water conservancy, information industries, fire control, lifting equipment installation and demolition) ;
(3) Qualification of labor subcontracting sequence;
(4) Qualifications for the installation and maintenance of gas burning appliances;
(5) Qualification of ready-mixed mortar enterprises.
To apply for the qualifications of other construction enterprises, they shall submit an application to the national or provincial construction administrative department in accordance with the authority for management of qualifications.
 
Article 7 Any construction enterprise that applies to the municipal administrative department of construction for a new office, addition or upgrade qualification shall submit relevant materials in accordance with the relevant regulations of the State and the province.
 
Article 8 If a construction industry enterprise applies for qualification additions and upgrades, and one of the following circumstances occurs within one year from the date of the application, the municipal construction administrative department shall not approve the qualification addition or upgrade application:
 
(1) Exceeding the qualification level of the enterprise or contracting the project in the name of another enterprise, allowing other enterprises or individuals to contract the project in the name of the enterprise;
(2) Collaborating with construction units or enterprises to bid for bids, or taking bribery or other unfair means to obtain bids;
(3) unauthorized construction without a construction permit;
(4) subcontracting or illegally subcontracting a contracted project;
(5) Violating the mandatory standards for national engineering construction;
(6) The occurrence of a major production safety accident or the occurrence of more than two general production safety accidents;
(7) maliciously defaulting on subcontracted enterprise engineering funds or wages of migrant workers;
(8) concealing or falsely reporting or delaying the reporting of quality and safety accidents of the project or destroying the scene of the accident and hindering the investigation of the accident;
(9) In accordance with national laws, regulations, and standards, operators who need to hold certificates for technical jobs do not get certificates and their circumstances are serious;
(10) Failing to perform the project quality warranty obligations according to law or delaying the performance of the warranty obligations, causing serious consequences;
(11) Alteration, reselling, renting, lending, or otherwise illegally transferring the construction enterprise qualification certificate;
(12) Other inadmissible circumstances provided for by laws and regulations.
 
Article 9 The municipal construction administrative department shall, after accepting applications submitted by the construction industry for newly established, added or upgraded qualifications, complete the examination procedures within 20 working days, and make a permit decision on the qualified conditions; Not allowed decision.
The municipal administrative department of construction shall publicize the decision on licensing that has been made.
 
Article 10 The status of the enterprise name, office address, registered capital, legal representative or principal responsible person registered in the construction enterprise qualification certificate shall be subject to the qualifications examined and approved by the municipal construction administrative department, and the construction industry enterprise shall be in the process of handling changes in industry and commerce. Within 30 days after the formalities, the municipal construction administrative department shall apply for the procedures for changing the registration of the qualification certificate; it shall be subject to the examination and approval of the national or provincial construction administrative department, and shall apply to the national or provincial construction administrative department in accordance with relevant regulations to apply for registration of the qualification certificate. Change procedures.
 
Article 11 Where a construction industry enterprise applies to the municipal administrative department of construction for a change of registration of a qualification certificate, it shall submit relevant materials in accordance with the relevant regulations of the State and the province.
 
Article 12 After the municipal construction administrative department accepts an application for a change in the registration of a qualification certificate submitted by a construction enterprise, if the review meets the requirements, the change procedure shall be completed within 2 working days; if it does not meet the requirements, it shall be notified once and for all .
Chapter III Supervision and Management
Article 13 The municipal, county (city) construction administrative department shall, in accordance with its duties and powers, dynamically supervise the qualifications of construction enterprises engaged in construction activities within its administrative area.
The municipal administrative department of construction shall supervise the county (city) construction administrative department in performing the supervision duties of the construction industry qualifications.
 
Article 14 The competent municipal, county (city) construction administrative department shall supervise the following related contents concerning the qualifications of construction enterprises:
 
(1) Qualification status of the enterprise. To supervise whether the registered capital, net assets, practitioners, professional and technical personnel, technical equipment, and construction project performance of the construction industry meet the corresponding qualification grade standards.
(2) The market behavior of enterprises. Supervising construction enterprises for the existence of non-qualified construction, exceeding the scope of qualifications, allowing other units or individuals to undertake projects in the name of their own units, establishing a “credit file” for the enterprise, whether the practicing and operating personnel hold certificates, and the construction enterprises in other cities have entered the Whether the city is engaged in construction activities to handle the filing procedures, whether in the project construction activities to comply with the relevant laws, regulations, rules, and mandatory standards and practices norms.
(3) The corporate social reputation situation. Supervision of construction enterprises in the implementation of statutory construction procedures, performance of contracts, payment of taxes, credit credits, payment of subcontracted work units and wages of migrant workers, participation in social insurance, and fulfilling obligations related to the maintenance of social stability.
 
Article 15 The municipal, county (city) construction administrative department may conduct daily supervision, social visits, online surveys, and credit evaluations to dynamically monitor the qualifications of construction enterprises.
The supervised enterprise and related personnel shall cooperate and shall not refuse or hinder.
 
Article 16 A construction enterprise shall, in accordance with the relevant provisions, go to the municipal competent administrative department of construction to establish a corporate credit file and obtain a credit manual.
The municipal administrative department of construction shall, in accordance with the relevant regulations of the State, province and city, organize relevant departments to implement credit management for construction enterprises, timely collect information on changes in the qualifications of construction enterprises, market conduct, social credit, and other related information and record them in the enterprise. Credit files are used as the basis for assessing the credit rating of construction companies and the management of their qualifications.
The results of credit evaluation of construction enterprises should be publicized to the public and recorded in the construction industry qualification certificates and credit manuals.
 
Article 17 Where the municipal, county (city) construction administrative department finds that the qualifications of the construction industry enterprises have not reached the grade-level standards through supervision and inspection or upon the request of the interested parties, it shall order the rectification within a time limit; if it has not been corrected within the time limit, The qualifications for examination and approval by the municipal administrative department of construction shall be revoked by the municipal administrative department of construction according to law; they shall be subject to the examination and approval of the national or provincial administrative department of construction. It shall be recommended that the national or provincial administrative department of construction reduce the qualification level or cancel the qualification according to law.
Chapter IV Legal Liability
Article 18 Where an applicant violates the provisions of the Measures by concealing relevant information or providing false materials to apply for the qualifications of a construction enterprise, the municipal administrative department of construction shall not accept or grant an administrative license and shall give a warning. The applicant shall not apply for construction again within one year. Industry qualifications.
 
Article 19 Where an applicant violates the provisions of the present Measures by obtaining fraudulent or bribery and other unfair means to obtain the construction industry enterprise qualification certificate, the municipal construction administrative department shall impose a fine of 10,000 yuan up to 20,000 yuan, which belongs to the qualification of the department for examination and approval. According to the law, the license shall be revoked and the qualification certificate shall be withdrawn. The applicant shall not apply for qualification of the construction industry again within 3 years; it shall be qualified for examination and approval by the state or provincial construction administrative department and shall propose the cancellation of the qualification to the national or provincial construction administrative department.
 
Article 20 Where a construction enterprise has any of the circumstances provided for in Article 8 of these Measures, the municipal, county (city) construction administrative department shall impose administrative penalties in accordance with the relevant national, provincial and municipal laws, regulations and rules; In the absence of any stipulations in laws and regulations, a warning may be given in accordance with the provisions of these Measures, and corrections shall be ordered to impose a fine of 10,000 yuan up to 30,000 yuan.
 
Article 21 If a construction industry enterprise violates the provisions of these Measures and changes in the status of the registration of qualification certificates do not complete the formalities for changing the registration of qualification certificates in a timely manner, the municipal department of construction administration shall order it to handle the application within a limited period of time; More than 10,000 yuan shall be fined.
 
Article 22 If a construction industry enterprise violates the provisions of these Measures and fails to reach the city's construction enterprise qualification management institution to establish a corporate credit file and obtain a credit manual, the municipal construction administrative department shall give a warning and order it to make corrections within a time limit; if it has not been corrected within the time limit, Can be punished with a fine ranging from 1,000 yuan to 10,000 yuan.
In the case of unqualified credit rating of construction enterprises for two consecutive years, the municipal construction administrative department shall take back the credit handbook, and if it does not possess the corresponding qualifications, it shall be subject to the examination and approval of the department and be reduced or revoked according to law; it shall be state or provincial construction administration. The qualifications of the competent department for examination and approval shall be submitted to the state or provincial construction administrative department for the proposal to reduce or cancel qualifications.
 
Article 23 If the municipal, county (city) construction administrative department and its staff have any of the following circumstances, the higher administrative organ or supervisory organ shall order correction; if the situation is serious, it shall be directly responsible person in charge and other directly responsible personnel. , Administrative sanctions given according to law:
 
(1) Failing to make a decision on the qualification permit of a construction industry enterprise for an applicant that meets the requirements;
(2) to make a decision on granting the permit for the qualification of a construction enterprise to an applicant who does not meet the requirements;
(3) accepting the property or other benefits of others by using his position;
(4) The use of his position interferes with the enterprise's normal production and business activities according to law;
(5) Failure to perform supervisory duties has serious consequences for the construction of the project.
Chapter V Supplementary Provisions
Article 24 These Measures shall come into force on July 1, 2011.