Source: Zhejiang Release

In order to standardize the order of the construction market in Zhejiang, further improve the contracting and contracting management of construction projects, and optimize the development environment of the construction industry, the Provincial Department of Housing and Urban-Rural Development formulated and issued The "2021 Zhejiang Province Construction Market Special Rectification Action Plan" covers housing construction and municipal infrastructure projects built within the province's administrative regions.

Work objectives

By carrying out special rectification actions for the construction market in Zhejiang Province, we will strictly investigate and deal with a number of prominent problems, publicly expose a number of typical cases, and further standardize the behavior of the province's construction market. Problems such as illegal contracting, subcontracting, illegal subcontracting and affiliation have been curbed, the efficiency of construction market supervision has been improved, and the construction market environment has been optimized.

What specific rectification content is involved? Let’s take a look~

Illegal contracting, subcontracting, illegal subcontracting and affiliation, etc.

For project construction units, focus on checking whether there are the following problems:

Contract the project to units or individuals that do not have the corresponding qualifications;

Failure to invite bids when required or fail to award contracts in accordance with legal bidding procedures;

Set unreasonable bidding conditions, restrictions, Exclude potential bidders or bidders;

Decompose the construction of a unit project into several parts and outsource them to different construction general contractors or professional contracting units;

The project payment and labor costs are not It will be allocated to the construction company in accordance with the contract.

For the contracting units of the project (including construction general contractors, professional contracting units and professional subcontracting units), focus on checking whether there are the following problems:

Transfer all the projects they contracted to to other units (including the situation where the parent company takes over the construction project and then hands over the construction to the subsidiary company with independent legal personality) or to individuals;

After dismembering all the projects contracted by it, it can be divided into parts. The name of the contractor was transferred to other units or individuals for construction work;

Failed to dispatch project leaders, technical leaders, quality management leaders, safety management leaders and other key management personnel as stipulated in the regulations or contracts, or dispatched One or more of the project leader, technical leader, quality management leader, and safety management leader has not concluded a labor contract with the unit and has not established labor wages and social pension insurance relationships, or the assigned project leader has not completed the project Organize and manage construction activities without being able to give reasonable explanations and provide corresponding proofs;

The contract stipulates that the main building materials, components and engineering equipment or leased construction machinery and equipment that the contracting unit is responsible for purchasing shall be purchased by other parties. The unit or individual purchases, leases, or the construction unit cannot provide relevant proof of purchase, lease contract, invoice, etc., and cannot provide a reasonable explanation and provide corresponding proof;

The scope of contracting by professional contractors is that of the contracting unit For all projects, the professional contractor calculates the entire project price except the "management fee" paid to the contracting unit;

The contracting unit adopts cooperation, joint venture, individual contracting, etc. or in the name, Directly or in disguised form transfer all the projects contracted by it to other units or individuals;

The contract issuing unit of a professional project is not the construction general contractor or professional contracting unit of the project, except for the construction unit as the contract issuing unit according to the contract ;

The contract issuing unit for professional operations is not the contracting unit of the project;

There is no project payment relationship between the parties of the construction contract, or the contracting unit transfers the money after receiving it to other units and individuals without being able to give a reasonable explanation and provide material proof;

Two or more units form a consortium to contract the project, and it is agreed in the consortium division of labor agreement or during the actual implementation of the project that the joint One party in the consortium does not carry out construction or organize and manage construction activities, and charges management fees or other similar fees from other parties in the consortium;

The contracting unit subcontracts its contracted projects to individuals;

The construction general contractor or the professional contractor subcontracts the project to a unit that does not have the corresponding qualifications;

The construction general contractor subcontracts the construction of the main structure of the project within the scope of the construction general contract to Other units, except steel structure projects;

Professional subcontracting units subcontract the non-labor work parts of professional projects contracted by them;

Professional work contractors subcontract the labor services contracted by them Subcontract;

In addition to calculating labor service costs, professional operation contractors also calculate costs for main building materials, large and medium-sized construction machinery and equipment, and main turnover materials.

For supervision units, focus on checking whether there are the following problems:

Failure to dispatch chief management engineers, professional supervision engineers and other key management personnel as stipulated in regulations or contracts, or dispatch chief supervision engineers , one or more of the professional supervision engineers have not concluded a labor contract with the unit and have not established labor wages and social pension insurance relationships, or the assigned project chief supervision engineer has not implemented effective management of the project.

Other market behavior issues

Construction without obtaining a construction permit as required;

The system of full monthly salary payment has not been implemented;

The wage payment deposit system has not been implemented;

The separate management system for labor costs and other project funds has not been implemented;

The bank's wage payment system has not been implemented;

The real-name employment management system has not been implemented (formulate a real-name management system for construction workers, establish a ledger, equip the necessary hardware facilities and equipment to realize the real-name management of construction workers, upload the collected construction worker information to the real-name supervision platform in a timely manner, etc.);

The construction site rights protection information disclosure system has not been implemented.

Contract performance status

Contract conclusion and performance status, mainly including: contract signing, project progress and project payment, project changes and on-site visas, construction period management, safe and civilized construction fees Payment and usage, etc.

Complete self-examination and self-correction before the end of July 2021. The construction authorities of each districted city shall organize construction units and contracting units of engineering projects within the local administrative area to conduct self-examination and self-correction.

Special rectification will be completed before the end of October 2021. From August to the end of September, comprehensive inspections in various places will be completed; before the end of October, provincial supervision and spot inspections will be completed.

Before the end of November 2021, the Provincial Department of Construction will conduct a special summary of the province's rectification situation and report on the progress of the special rectification.

Original title: Pay attention! Zhejiang launches special rectification action for the construction market

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