First, implement the responsibility of the construction unit and contract the project in strict accordance with the law.
(a) does not meet the construction conditions of the project shall not be awarded. The construction unit shall strictly abide by the relevant national laws, regulations and mandatory standards on the basic procedures, construction period, cost, quality, safety, energy conservation and environmental protection of construction projects, and contract the projects according to law, and shall not fail to perform the statutory construction procedures in any name or simplify the statutory construction procedures without authorization. Construction project contracting shall meet the following conditions:
1. The approval, approval or filing procedures of the project have been fulfilled;
2. The employing unit is a legal person or other organization established according to law;
3. There are materials or documents that meet the requirements of project contracting;
4. The project construction funds have been implemented;
5. Other conditions stipulated by laws and regulations.
(2) It is forbidden to set unreasonable bidding conditions. The construction unit shall bid in strict accordance with the law, and shall not set unreasonable terms to exclude or restrict potential bidders, and shall not take the form of ownership, the place where the enterprise is registered, the requirements for qualification level are too high, the performance in a specific area and the award-winning situation as the bidding conditions, and it is strictly forbidden for government-invested projects to be constructed by contract.
(3) It is forbidden to dismember the contracted project. The construction unit shall contract the project to a contractor with corresponding qualifications, and shall not divide the construction project that should be completed by one contractor into several parts and contract it to different contractors. If the construction unit contracts the project within the qualification scope of the general contractor to two or more units, it shall be regarded as dismembering the contract, and the relevant departments shall investigate and deal with it according to law.
, the construction unit directly to the subcontractors of the construction general contracting unit to pay the subcontract works, or require contractors to subcontract part of the contracted construction projects to designated units, the relevant departments shall investigate and deal with it according to law.
(four), prohibit the construction unit to specify the project subcontractors. When the construction unit subcontracts some professional projects within the scope of contracting according to law, it shall not designate subcontractors, shall not require contractors to purchase designated building materials, building components and equipment, and shall not designate subcontractors in disguised form by signing a "tripartite agreement" with the general contractor and subcontractors.
Two, standardize the project contracting behavior, it is strictly prohibited to subcontract and illegal subcontracting.
(5) Prohibit subcontracting. The contractor shall strictly perform the responsibilities and obligations stipulated in the contract and shall not subcontract the project. The engineering survey, design and construction unit fails to perform the responsibilities and obligations stipulated in the contract and transfers all the contracted construction projects to others or transfers them to others in the name of subcontracting; If the contractor of a subcontracted project fails to set up a project management organization, send a project manager and equip project management personnel at the construction site, it shall be regarded as a subcontracted project and shall be investigated and dealt with by the relevant departments according to law.
, the implementation of construction general contracting project, the construction general contracting unit and the subcontracting project contracting unit within the scope of construction general contracting are two independent legal entities; If the main building materials or equipment used in the main project are purchased or leased by subcontractors, the relevant departments shall investigate and deal with them according to law.
(6) Illegal subcontracting is prohibited. The contractor shall subcontract the project in strict accordance with the provisions of laws and regulations. The contractor shall not subcontract the principal part of the project, and the subcontractor shall not subcontract the subcontracted project. In any of the following circumstances, the contractor shall be regarded as illegal subcontracting, and the relevant departments shall investigate and deal with it according to law:
1. The contractor subcontracts the construction project to units or individuals that do not have corresponding qualifications;
2, there is no agreement in the contract, and without the written consent of the construction unit, the contractor will contract part of the construction project to other units to complete;
3. The labor service enterprise subcontracts the contracted labor service operations;
4. Other circumstances stipulated by laws and regulations.
If a construction engineering design unit subcontracts all the design business of the architectural specialty to other units, if the architectural, structural and electromechanical engineering design firm subcontracts the design business of this specialty to other units, and if other professional engineering design units subcontract all the process design business to other units, the relevant departments shall investigate and deal with it according to law.
Third, strengthen contract management and standardize contract performance.
(7) standardize the conclusion of contracts. Both parties to a construction project contract should clearly stipulate the contract scope, quality and safety requirements, construction period, price and payment method, change requirements, acceptance and settlement, and settlement of contract disputes in the contract, so as to avoid contract disputes caused by unclear responsibilities, rights and obligations of both parties. The construction unit shall not arbitrarily lower the cost and shorten the construction period. Both parties to the contract shall, in accordance with the relevant provisions of the state and the place where the construction project is located, reasonably determine the amount and payment method of the project advance payment and progress payment, the adjustment method of the project change, the identification method of the missing items in the bill of quantities, the way to bear the risks caused by the sharp change of labor and material prices, and the payment period of the completion settlement payment. Local cost management institutions shall timely release the construction project cost information according to the actual market price, and guide and promote the contracting parties to standardize the project pricing behavior.
(eight) the implementation of the contract filing system. Both parties to the contract shall report the contract to the competent construction department where the project is located for the record in accordance with relevant regulations. In case of major changes in project scale standard, use function, structural form and basic treatment, both parties to the contract shall sign a change agreement in time and report it to the original filing authority for the record. When resolving contract disputes, it should be based on the recorded contract.
(nine) the implementation of the contract responsibility. Both parties to the contract shall, in accordance with the contract, fully perform their respective obligations and responsibilities, and resolve the problems and disputes arising from the performance of the contract through consultation. The construction unit shall timely track the quality and safety of the project and the progress of the project, pay the project advance payment, safety protection fee, progress payment and handle the completion settlement on time, and urge the contractor to implement the quality and safety protection measures. If the construction unit fails to pay the project payment as agreed in the contract, which makes the contractor unable to carry out the construction, the construction unit shall bear the responsibility of delaying the construction period and compensate the contractor for the economic losses as agreed in the contract. The contractor shall, in accordance with the contract, earnestly fulfill the obligations of project quality, safety, time limit for a project, pay the labor fee on time, and handle the completion settlement.
(10) Establish a risk prevention mechanism for contract performance. In engineering construction projects, especially real estate development projects, we should actively implement the engineering guarantee system with the owner's payment guarantee and the contractor's performance guarantee as the main contents, improve relevant measures, implement the guarantor's post-event supervision responsibility, promote contract performance, and prevent and resolve contract disputes. We should actively implement the project quality insurance system to prevent and reduce project quality risks.
Fourth, strengthen the management of the construction site to ensure the quality and safety of the project.
(1 1) Strengthen the overall responsibility system of construction contractors. The general contractor shall be fully responsible for the implementation of quality, safety, construction period, cost and mandatory standards. The responsibility of the construction general contractor shall not be transferred due to subcontracting. The general contractor of construction shall bear joint and several liability for the engineering quality and safety accidents caused by the responsibility of subcontractors. Professional subcontracting or labor subcontracting units shall accept the unified management of the construction site by the general contractor. For the professional projects directly contracted by the construction unit according to law, the construction unit and the professional contractor shall sign a unified construction site management agreement with the general contractor to clarify the responsibilities, rights and obligations of all parties.
(12) Improve the construction site management system. The construction unit shall formulate the project site management measures and strictly implement them, and be equipped with a project management team suitable for the technical requirements of the project scale. Project manager, construction, technology, quality, safety, labor and other management personnel should be employees of this enterprise and hold corresponding qualification certificates. The construction unit shall earnestly perform its duties, and regularly check the on-site management personnel and operating personnel of the unit and subcontractors in place and their certificates, and the implementation of quality and safety assurance system, technical disclosure, education and training.
(13) Strengthen the on-site design service of design units. The construction unit and the design unit shall clearly stipulate the content and cost of the on-site design service. The design unit should strengthen the on-site design service in the process of project construction, explain the construction drawing documents that have passed the examination in detail to the construction unit before the project construction, and solve the design-related problems in the construction process in time. The design unit shall record and save the situation of participating in the on-site design service.
(14) Strictly perform the duties of the supervision unit. Supervision units shall carry out supervision in strict accordance with laws and regulations, relevant technical standards, design documents and construction project contracting contracts, and assume supervision responsibilities for the construction quality and safety of construction projects according to law. The supervision unit shall implement the project director responsibility system, establish a project supervision organization, equip with enough professional supporting supervision personnel, and carry out supervision work in strict accordance with the procedures. The supervision engineer shall, in accordance with the requirements of engineering supervision specifications, take various forms such as standing by, patrolling and parallel inspection to conduct timely supervision and inspection, and shall not issue building materials, building components and equipment that do not meet the specified requirements, as well as construction organization design and construction scheme that do not meet the requirements. If there are quality and safety hazards, the construction unit shall be required to make rectification; If the situation is serious, the construction unit shall be required to suspend the construction and report to the construction unit in time. If the construction unit refuses to rectify or stop construction, the supervision unit shall report to the relevant competent department in time.
(15) Strictly implement the engineering construction standards. Construction, survey, design, construction, supervision, testing and other units of construction projects shall strictly implement the engineering construction standards, and urge employees to master and strictly implement the relevant engineering construction standards. All localities should strengthen the training and publicity of engineering construction standards, and timely announce the situation that all parties in the market do not implement the mandatory standards for engineering construction on the integrity information platform of the construction market.
Five, strengthen the management of construction services, improve the quality of workers.
(sixteen) to implement the responsibilities of the employer. The general contractor of construction is responsible for the supervision and management of the daily management, labor operation and employment of the subcontracting unit. If the supervision is not in place and the wages of the laborers are in arrears due to subcontracting or illegal subcontracting, it shall bear corresponding responsibilities according to law. The general contractor of construction shall not require subcontractors to contract labor, and shall not be in arrears with subcontractors' labor fees. The employing unit shall sign a standardized labor contract with the laborer according to law. The employing unit shall be directly responsible for the internal employment management, holding posts with certificates and paying the wages of the workers, and shall pay the wages of the workers on a monthly basis or in accordance with the contract, and shall not default on the wages of the workers for any reason.
(17) Strengthen the training of migrant workers. It is necessary to make use of all kinds of vocational training resources, give full play to the role of vocational colleges and socialized vocational training institutions, establish a multi-level training system for government departments, industry associations and construction units, raise training funds through multiple channels, and increase the training of migrant workers. Further implement the system of holding certificates, and it is strictly forbidden to hold posts without certificates for special types of work. Vigorously carry out vocational skills training and appraisal, and ordinary skilled workers will be promoted to work with certificates during the Twelfth Five-Year Plan period. Create a market environment linked to the level of vocational skills and labor remuneration, enhance the enthusiasm of migrant workers to participate in training and improve their technical level, and comprehensively improve the quality of construction workers.
(eighteen), construction workers to implement real-name management. The general contractor of construction shall implement the real-name management system for laborers on the basis of the project, equip special personnel to supervise the labor statistics, attendance and salary distribution of labor subcontractors, and handle the reports and complaints of laborers. The employing unit shall set up a special person to regulate and manage the employee's identity information, labor contract, salary payment, certificates, industrial injury insurance and accidental injury insurance. All localities should sum up the experience of the pilot areas, expand the pilot scope of information management of construction laborers, and implement electronic management of construction laborers' employment files.
Six, strengthen the construction of credit system, improve the level of supervision information.
(nineteen) to establish and improve the construction market supervision information system. It is necessary to speed up the construction of industry registered personnel database, enterprise database and engineering project database. The Ministry of Housing and Urban-Rural Development will formulate the data standard of the basic database of the national construction market supervision information system as soon as possible. All localities should improve the basic database of the provincial construction market supervision information system, realize the docking and interconnection with the central database, and establish a supervision information system covering all aspects of construction, survey, design, construction, supervision, bidding, construction permit, engineering construction, quality and safety.
(twenty) to strengthen the collection and entry of credit information. All localities should establish a joint office mechanism composed of enterprise qualifications, personnel qualifications, bidding, construction permits, contract filing, design, construction, supervision, cost, quality, safety, administrative law enforcement and other departments, establish a comprehensive and professional credit information collection system, implement work responsibilities, and timely input and report bad credit information in accordance with the basic standards for recording bad behaviors of the responsible subjects in the national construction market. The Ministry of Housing and Urban-Rural Development will continue to improve the integrity information platform of the national construction market, introduce the basic standards for bad behavior records of registered practitioners as soon as possible, establish an information reporting system, and conduct informed criticism for areas that fail to submit or conceal credit information on schedule.
(twenty-one) to realize the information disclosure of the behavior of market participants. Housing and urban-rural construction departments at all levels should make full use of the integrity information platform of the national construction market to announce the basic information of the project, contractors and registered personnel, bidding, construction permits, quality and safety, contract filing, contract performance and other information to the public, formulate classified management measures for bad behavior information as soon as possible, publicize the bad behaviors of market participants, and announce the occurrence of major and above quality and safety accidents, subcontracting projects, illegal subcontracting projects, and arrears of wages for migrant workers, thus disrupting normal production and life in the name of asking for wages. It is necessary to gradually establish an incentive system for dishonesty and trustworthiness, and conduct credit punishment and social supervision through interviews, publicity and announcements. Inform and commend honest and trustworthy enterprises and personnel, and guide the construction unit to choose enterprises and personnel who abide by the law and pay attention to quality and safety in the contract awarding. There is no violation of the law and pay attention to quality and safety.
Seven, increase the intensity of market cleaning, and seriously investigate and deal with illegal acts.
(22) Strengthen the "one-vote veto system" for quality and safety accidents. All localities should actively participate in the investigation and handling of quality and safety accidents, establish an accident statistical notification system, and timely notify the superior housing and urban and rural construction departments of accidents and information involving enterprises and individuals. Enterprises and individuals involved in the accident should be suspended from upgrading and adding their qualifications. It is necessary to strengthen the punishment after the accident liability is determined, and the enterprises and individuals responsible for the accident shall be severely punished in accordance with relevant laws and regulations, the Implementation Measures for Standardizing the Discretion of Administrative Punishment in Engineering Construction by the Ministry of Housing and Urban-Rural Development and the Benchmark of Discretion of Administrative Punishment in Engineering Construction by the Ministry of Housing and Urban-Rural Development.
(twenty-three) to strengthen the dynamic supervision of qualifications. It is necessary to strictly examine and approve qualifications, appropriately raise access standards, and standardize the number and scale of various enterprises. The competent departments of housing and urban-rural construction at all levels should clearly define their responsibilities, strictly check, carefully verify the engineering performance of enterprises, and severely crack down on fraud in the process of qualification declaration. We should conscientiously implement the Guiding Opinions on Strengthening the Dynamic Supervision of the Qualification of the Construction Market and Improving the Access and Repatriation System for Enterprises and Personnel, dynamically check whether the enterprises meet the qualification standards after obtaining the qualification, clean up a number of enterprises and individuals that no longer meet the qualification conditions according to law, and gradually reverse the situation of oversupply in the construction market. Provincial housing and urban-rural construction departments shall submit the punishment of illegal acts of enterprises and employees within their respective administrative areas to the Ministry of Housing and Urban-rural Development in writing every year, and the Ministry of Housing and Urban-rural Development shall summarize and report to the whole country.
(twenty-four) seriously investigate and deal with illegal acts of the construction unit. All localities should promptly correct the unreasonable conditions set by the construction unit in the bidding, reduce the construction period and project cost without authorization, or require the government to invest in the project to be contracted with capital. If the construction unit refuses to correct it, it shall be dealt with according to law. It is necessary to investigate and deal with illegal acts such as the construction unit dismembering the contracted project, designating subcontractors or manufacturers and suppliers of materials and equipment, and forcing contractors to sign "yin-yang contracts" according to law, thus causing engineering quality and safety accidents or major hidden dangers, and the responsibility of the construction unit shall be investigated according to law. The problem that the construction unit fails to pay the project payment in time as agreed in the contract, or the quality deposit is not returned in time when it expires, should be dealt with seriously in accordance with relevant laws and regulations. Those who cause wage arrears and mass incidents of migrant workers shall be investigated for responsibility according to law. All localities should strictly manage construction permits, and construction permits may not be issued if they do not meet the statutory conditions; For projects that start illegally, they should be ordered to stop work according to law. If the above-mentioned behaviors occur in the construction unit, all localities should publish them as bad behaviors on the integrity information platform of the construction market.
(twenty-five) to seriously investigate and deal with illegal activities of survey, design and construction units. If a survey, design and construction unit subcontracts, illegally subcontracts, transfers or lends qualification certificates or otherwise allows others to undertake projects in the name of the unit, it shall be ordered to make corrections and be given administrative penalties such as confiscation of illegal income and fines according to law; If a survey and design unit fails to conduct survey and design in accordance with the quality and safety standards of construction projects, and the construction unit cuts corners during construction, or uses unqualified materials, building components and equipment, it shall be ordered to make corrections, and administrative penalties such as fines shall be imposed according to law. If the construction unit fails to subcontract the contracted project, but there is no registered practice relationship, labor contract and social insurance relationship between the project manager, project manager and the contractor of the project management institution established on the construction site, it shall be deemed as allowing others to undertake the project in the name of the enterprise for investigation. The bad behavior of the survey, design and construction units shall be announced to the public on the integrity information platform of the construction market. Group incidents caused by wage arrears of migrant workers should be recorded in the integrity information platform of the construction market and notified to the whole country. Those who cause engineering quality and safety accidents shall be given administrative punishment according to law, such as suspending business for rectification, lowering the qualification level and revoking the qualification certificate; If a crime is constituted, criminal responsibility shall be investigated according to law.
(twenty-six) seriously investigate and deal with illegal acts of engineering supervision and other units. All localities should, in light of the actual situation, carry out special treatment on engineering supervision units and intermediaries such as bidding agency, cost consultation, engineering inspection and construction drawing review. If an engineering supervision unit transfers the supervision business, fails to provide supervision personnel according to the construction project supervision specifications and the provisions of the contract, undertakes the business beyond the qualification level, sells or transfers the qualification certificate, the tendering agency colludes with the tenderee or bidder for false bidding, the cost consulting agency illegally edits the project cost, the engineering inspection agency issues a false inspection report, and the construction drawing review unit makes major mistakes or practices fraud in the review, it shall be held accountable according to law and bear the losses caused to the entrusting party. The above-mentioned behaviors should be announced to the public as bad behaviors on the integrity information platform of the construction market. For those who cause engineering quality and safety accidents, the qualification level shall be lowered according to law until the qualification certificate is revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
(twenty-seven) seriously investigate and deal with violations of laws and regulations of employees. All localities should strengthen the supervision of registered architects, survey and design registered engineers, registered supervision engineers, registered construction engineers and other registered personnel in accordance with the supervision policy of "paying equal attention to enterprises and people", and implement their legal responsibilities and signature system. It is necessary to seriously investigate and deal with the illegal acts of registered personnel in renting and lending qualification certificates, selling seals, separating witnesses from witnesses, repeating registration, and failing to implement relevant laws, regulations and mandatory standards, which lead to engineering quality and safety accidents. If the circumstances are serious, it is necessary to revoke its professional qualification according to law until it is forbidden to practice for life, and announce it to the public on the integrity information platform of the construction market; If a crime is constituted, criminal responsibility shall be investigated according to law.
Eight, create a good market environment, and promote the healthy development of the construction industry.
(twenty-eight) to strengthen organizational leadership. All localities should attach great importance to strengthening the supervision of the construction market, conscientiously implement the relevant requirements of the CPC Central Committee and the State Council on carrying out special treatment of outstanding problems in the field of engineering construction, adhere to the guidance of Scientific Outlook on Development, earnestly enhance the sense of urgency and mission, make full use of legal, economic, administrative and credit constraints, maintain fair competition, legal and honest construction market order, ensure the quality and safety of projects and the vital interests of the people, and maintain social harmony and stability.
All localities should standardize the notification and filing system for foreign enterprises to enter the region, cancel unreasonable restrictive measures such as compulsory registration of independent subsidiaries of foreign enterprises in the region, take the performance of the region and the system as a condition for adding points to bid evaluation, and maintain the unity of the national construction market. Government departments should speed up the decoupling from their subordinate enterprises, prohibit using their own regulatory power to interfere with project bidding in violation of laws and regulations, undertake projects for subordinate or local enterprises, and strive to build a fair competition and reasonable flow market environment.
(twenty-nine) improve the supervision and law enforcement mechanism. Starting from 20 1 1, the Ministry of Housing and Urban-Rural Development will regularly organize special inspection activities on the national construction market to conduct centralized law enforcement inspections on outstanding problems in the construction market. City (county)-level housing and urban-rural construction departments should conduct a comprehensive inspection of all local projects under construction, provincial-level housing and urban-rural construction departments should conduct key inspections, and the housing and urban-rural construction departments should conduct spot checks to normalize and institutionalize special inspection activities in the construction market by strengthening the crackdown on illegal activities of market entities. All localities should strengthen the management of engineering construction in development zones, bonded zones, industrial parks and other areas, and must not use speeding up construction and creating a good soft environment as an excuse to fail to perform legal construction procedures, comply with relevant legal systems, and evade supervision and law enforcement. All localities should give full play to the role of joint law enforcement departments, strengthen coordination and cooperation with the competent departments of industry and commerce, taxation, justice, banking and other related industries, improve communication channels, improve the information sharing and joint law enforcement system, and form a joint force for supervision of the construction market.
(30) Strengthen the construction of supervision team. The competent departments of housing and urban construction at all levels should strengthen the construction of the construction market supervision team, enrich the supervisors, and implement the necessary working conditions and funds. The competent department of housing and urban-rural construction at a higher level should strengthen the guidance on the supervision of the grass-roots construction market, organize special investigations on outstanding issues, strengthen the professional training and work supervision of grass-roots supervisors, and improve the policy grasp and administrative ability in the supervision of the grass-roots construction market. All localities should strengthen the inspection of law enforcement in the construction market, and the units and personnel who fail to abide by the law, enforce the law lax, and violate the law should be held accountable according to law.
(3 1) Promote the development of the industry. All localities should urge enterprises to implement the requirements of "green building, energy saving and emission reduction", promote technological progress of enterprises, enhance their independent innovation ability, encourage enterprises to develop patents and proprietary technologies with independent intellectual property rights, and encourage enterprises to formulate technical standards and construction methods with their own characteristics, improve the capacity of large modern machinery and equipment, and enhance their core competitiveness. It is necessary to increase support, implement general contracting in some large-scale public buildings and infrastructure construction, guide large-scale design and construction enterprises to develop into leading enterprises with full-process service capabilities such as design, procurement and construction management, comprehensively improve the technical and management level of construction enterprises, and promote the healthy development of the construction industry.
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