Project Construction Supervision Regulations

(On December 15, 1995, the former Ministry of Construction and the former State Planning Commission issued a notice on the "Project Construction Supervision Regulations". Since January 1, 1996 It will be implemented on the same day. At the same time, the "Trial Regulations on Construction Supervision" issued by the former Ministry of Construction on July 28, 1989, Construction Supervision [1995] No. 737)

Chapter 1 General Provisions

Article 1

These regulations are formulated in order to ensure the quality of project construction, improve the level of project construction, give full play to investment benefits, and promote the healthy development of project construction supervision.

Article 2

These regulations must be observed when engaging in engineering construction supervision activities within the territory of the People's Republic of China.

Article 3

The term "project construction supervision" as mentioned in these regulations means that the supervision unit is entrusted by the project legal person and based on the project construction documents approved by the state and the laws and regulations related to project construction. and project construction supervision contracts and other project construction contracts,

Supervision and management of project construction implementation.

Article 4

Engaged in engineering construction supervision activities, one must abide by the principles of law-abiding, integrity, fairness and science.

Chapter 2 Management Institutions and Responsibilities of Project Construction Supervision

Article 5

The State Planning Commission and the Ministry of Construction are jointly responsible for promoting the construction supervision cause With the development of the country, the Ministry of Construction is responsible for the centralized management of national engineering construction supervision work. The main responsibilities of the Ministry of Construction:

(1) Draft and consult with the State Planning Commission to formulate and issue administrative regulations on project construction supervision, and supervise their implementation;

(2) Examine and approve the qualifications of Class A supervision units ;

(3) Manage national supervision engineer qualification examinations, assessments and notes;

(4) Guidance, supervision, and supervision of national project construction in municipalities directly under the Central Government.

Article 6

The construction administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the centralized management of project construction supervision within their respective administrative regions. Their main responsibilities are:

(1) Implement national engineering construction supervision regulations, draft or formulate local engineering construction supervision regulations and supervise their implementation;

(2) Approval of the qualifications of Class B and Class C supervision units within the administrative region, and preliminary review and approval Recommend Grade A supervision units;

(3) Organize the qualification examination, assessment and registration of supervision engineers within the administrative area;

(4) Guide, supervise and coordinate within the administrative area Project construction supervision work.

Article 7

The industry, transportation and other departments of the State Council shall manage the project construction supervision work of their own departments, and their main responsibilities are:

(1) Implement the national project construction supervision

(2) Approval of the qualifications of directly affiliated Class B and Class C supervision units, and preliminary review and recommendation of Class A supervision units;

(3) Manage the qualification examination, assessment and registration of supervision engineers of the directly affiliated supervision units;

(4) Guide, supervise and coordinate the project construction supervision work of the department.

Chapter 3 Scope and Content of Project Construction Supervision

Article 8

Scope of Project Construction Supervision:

(1) Major , medium-sized engineering projects;

(2) Municipal and public engineering projects;

(3) Office buildings, social development projects and residential engineering projects invested and developed by the government;

(4) Projects constructed with foreign investment, Sino-foreign joint ventures, foreign loans, grants, and loss funds.

Article 9

The main content of project construction supervision is to control the investment, construction period and project quality of project construction; manage project construction contracts and coordinate the working relationships between relevant units.

Chapter 4 Project Construction Supervision Contract and Supervision Procedures

Article 10

Project legal persons generally select the supervision unit through bidding.

Article 11

The supervision unit that undertakes supervision business shall sign a written project construction supervision contract with the project legal person.

The main terms of the project construction supervision contract are: the scope and content of supervision, the rights and obligations of both parties, calculation and overpayment of supervision fees, liability for breach of contract, and other matters agreed upon by both parties.

Article 12

The supervision fee shall be disbursed from the project budget and the management fee of the construction unit shall be reduced.

Article 13

The supervision unit shall establish a project construction supervision agency based on the supervision tasks it undertakes. The supervision agency is generally composed of the chief supervision engineer, supervision engineers and other supervision personnel.

Be responsible for the supervision of the construction phase of the project, and the supervision agency should be stationed at the construction site.

Article 14

Project construction supervision shall generally be carried out according to the following procedures:

(1) Preparation of project construction supervision plan;

(2) Prepare project construction supervision details according to the project construction progress and by major;

(3) Conduct construction supervision in accordance with the construction supervision rules;

(4) Participate in the pre-acceptance of project completion , sign the construction supervision opinions;

(5) After the construction supervision business is completed, submit the project construction supervision archives to the project legal person.

Article 15

Before implementing supervision, the project legal person shall notify the supervising unit in writing of the entrusted supervision unit, the content of supervision, the name of the chief supervising engineer and the authority granted to it. .

The chief supervising engineer shall grant the authority to the supervising engineer and notify the unit under supervision in writing.

Article 16

During the project construction supervision process, the unit being supervised shall accept supervision in accordance with the provisions of the project construction contract signed with the project legal person.

Chapter 5 Project Construction Supervision Units and Supervision Engineers

Article 17

Supervision units implement a qualification approval system. To establish a supervision unit, it must report to the engineering construction supervisory authority for qualification review and then apply for enterprise legal person registration to the industrial and commercial administration authority.

The supervision unit shall undertake the project construction supervision business in accordance with the approved business scope.

Article 18

The supervision unit is one of the main entities in the construction market, and construction supervision is a highly intelligent paid technical service.

The contractual relationship between the supervision unit and the project legal person is that of entrustment and being entrusted; the relationship between the supervision unit and the unit being supervised is that of supervision and being supervised.

Supervision units should carry out project construction supervision work in accordance with the principles of "fairness, independence, and autonomy" and fairly safeguard the legitimate rights and interests of the project legal person and the unit being supervised.

Article 19

The supervision unit shall not transfer the supervision business.

Article 20

Supervision units are not allowed to contract projects, and are not allowed to operate building materials, components and construction institutions and equipment.

Article 21

If the supervision unit causes significant economic losses due to fault during the supervision process, it shall bear certain economic and legal responsibilities.

Article 22

Supervision engineers shall implement a registration system.

Supervision engineers shall not sell, make mistakes, transfer or alter the "Supervision Engineer Position Certificate".

Article 23

Supervision engineers may not work part-time in government agencies or construction, equipment manufacturing, and material supply units, and shall not be employed by construction, equipment manufacturing, or material and component supply units. Partners.

Article 24

The construction supervision of engineering projects shall implement the chief supervisory engineer responsibility system. The chief supervisory engineer exercises the authority granted to the supervision unit by the contract and is fully responsible for the entrusted supervision work.

Article 25

The chief supervising engineer shall issue relevant instructions within the scope of authorization and sign the payment vouchers for the relevant funds of the project under supervision.

The project legal person shall not change the instructions of the chief supervising engineer without authorization.

The chief supervising engineer has the right to recommend the removal of unqualified engineering construction subcontracting units, project leaders and related personnel.

Article 26

The chief supervising engineer must fairly coordinate disputes between the project legal person and the unit being supervised.

Chapter 6 Project Construction Supervision of Foreign Investment, Sino-foreign Joint Ventures, and Foreign Loans, Grants, and Losses Construction

Article 27

Foreign companies or If a social organization needs to entrust a foreign supervision unit to undertake the construction supervision business of an independently invested engineering project in China, it should hire a Chinese supervision unit to participate in cooperative supervision.

Sino-foreign joint venture construction projects that can be supervised by Chinese supervision units should be entrusted with supervision by Chinese supervision units. If necessary, foreign supervision agencies related to the construction of the project can be entrusted with supervision or supervision consultants can be hired.

In principle, Chinese supervision units should be responsible for the construction supervision of foreign loan project construction. If the lender requires foreign supervision units to participate, it shall cooperate with Chinese supervision units for supervision.

For projects constructed with foreign grants or donations, Chinese supervision units are generally responsible for the construction supervision business.

Article 28

The standard for calculating supervision fees and the method of payment for projects constructed with foreign investment, Sino-foreign joint ventures and foreign loans shall be determined by negotiation between the two parties with reference to international practices.

Chapter 7 Penalties

Article 29

If a project legal person violates these regulations, the construction administrative department of the people's government shall give a warning, notify a critic, Order to make corrections and may impose a fine. A copy of the penalty decision on the project legal person shall be sent to the planning administrative department.

Article 30

If the supervision unit violates these regulations and commits any of the following acts, the construction administrative department of the people's government shall give a warning, circulate a notice of criticism, order it to suspend operations for rectification, or reduce its qualifications grades, revocation of qualification certificates, and possible fines. (1) Opening business without approval;

(2) Engaging in engineering construction supervision activities beyond the approved business scope;

(3) Transferring supervision business;

< p>(4) Deliberately harming the interests of project legal persons and contractors;

(5) Causing major accidents due to work errors.

Article 31

If a supervision engineer violates the regulations of the school and commits any of the following acts, the construction administrative department of the people's government shall confiscate the illegal income and confiscate the "Supervision Engineer Position Certificate" , can be fined.

(1) Engage in supervision work under the guise of a supervision engineer;

(2) Sell, lend, transfer, or alter the "Supervision Engineer Position Certificate";

(3) Working part-time in a unit that affects the fair execution of supervision business.

Chapter 8 Supplementary Provisions

Article 32

The provisions of these regulations involving the functions of the State Planning Commission shall be interpreted by the Ministry of Construction in consultation with the State Planning Commission.

Article 33

The construction administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and relevant departments of the State Council shall formulate implementation measures with reference to these regulations and submit them to the Ministry of Construction for filing.

Article 34

These regulations will come into effect on January 1, 1996, and the "Trial Regulations on Construction Supervision" issued by the Ministry of Construction on July 28, 1989 will be abolished at the same time.