Regulation on the Quality Management of Construction Projects (2017 Version)

 2018-05-18  52


Regulation on the Quality Management of Construction Projects (2017 Version)


· Area of Law: Quality Control and Supervision

· Level of Authority: Administrative Regulations

· Date issued:10-07-2017

· Effective Date:10-07-2017

· Status: Effective

· Issuing Authority: State Council

 

Regulation on the Quality Management of Construction Projects
(Promulgated by the Order No. 279 of the State Council on January 30, 2000; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017)
Chapter I General Provisions
Article 1 For the purposes of strengthening the management of construction project quality, ensuring the quality of construction projects and protecting the safety of people's lives and property, this Regulation is formulated in accordance with the Construction Law of the People's Republic of China.
Article 2 All those engaging in activities of the new construction, expansion, change of construction projects as well as supervision and management of the quality of construction projects shall abide by this Regulation.
The construction projects as mentioned in this Regulation refer to the projects of civil construction, construction works, installation of wires, pipelines and equipment, and decoration.
Article 3 The construction project owners, survey entities, design entities, construction entities and construction project supervision entities shall be responsible for the quality of construction projects.
Article 4 The construction administrative departments of the people's governments at or above the county level shall strengthen the supervision and administration over the quality of construction projects.
Article 5 Those engaging activities of construction project shall strictly comply with the fundamental construction procedures and shall stick to the principle of surveying first, then designing and then constructing.
No people's government at or above the county level or none of its relevant departments may ratify any construction project by surpassing power or illegally streamline the fundamental construction procedures.
Article 6 It is encouraged by the state to take advanced scientific technologies and management methods to enhance the quality of construction projects.
Chapter II Responsibilities and Obligations of Construction Project Owners
Article 7 A construction project owner shall contract out its project to an entity with the corresponding grade qualification.
No construction project owner may contract out a construction project by dividing it into several parts.
Article 8 A construction project owner shall invite bids for the survey, design, construction, supervision of a construction project, as well as for the purchase of important equipment and materials relating to the project construction.
Article 9 A construction project owner shall provide the entities of survey, design, construction and construction supervision with the original materials relating to the construction project.
The original materials shall be authentic, accurate and complete.
Article 10 No construction project contracting-out entity may force the contractor to compete for a bid at a price below the cost or arbitrarily cut down the reasonable time period for the construction of the project.
No construction project owner may expressly instruct or give hint to the relevant entity to violate the mandatory standards on project construction, and lower the quality of the project.
Article 11 The specific measures for the examination of construction drawing design documents shall be developed by the construction administrative department of the State Council and other relevant departments of the State Council.
Without examination and approval, no construction drawing design documents may be used.
Article 12 For a project to be subject to supervision, the construction project owner shall authorize a project supervisory entity with the corresponding qualification grade to supervise it, or may authorize the project design entity, which has the corresponding project supervision qualification grade but does not have subordination relationship or any other interested relationship with the construction contracting entity, to supervise it.
The following construction projects shall be subject to supervision:
(1)The key construction projects of the state;
(2)The large and medium public utility projects;
(3)The construction projects of residential areas developed in vast stretches;
(4)The construction projects with loans or aiding funds from foreign governments or international organizations; and
(5)Other projects that shall be subject to supervision as provided for by the state.
Article 13 Before a construction project owner fetches a construction license or report on construction start-up, it shall go through the formalities for the supervision over the project quality in accordance with the relevant provisions of the state.
Article 14 If, under the contractual stipulations, the construction materials, components, fittings and equipment are to be purchased by the construction project owner, it shall ensure that they conform to the design documents and contractual requirements.
The construction project owner may not expressly instruct or give hint to the construction entity to use any substandard construction materials, components, fittings and equipment.
Article 15 For a decoration project involving the change of the main part and load-bearing structure of the building, the construction project owner shall, prior to the start-up of decoration, entrust the original design entity or another design entity with the corresponding qualification grade to put forward a design scheme. The decoration project shall not be started without a design scheme.
No user of a building may, during the course of decoration, illegally change the main part and load-bearing structure of the building.
Article 16 After the construction project owner receives a project completion report, it shall organize the entities of design, construction, project supervision, etc. to conduct completion-based check and acceptance.
The construction project for completion-based check and acceptance shall satisfy the following conditions:
(1) The work included in the relevant design and stipulated in the contract must have been completed;
(2) There must be complete technical archives and construction management materials;
(3) There must be reports on into-spot tests of major construction materials, components, fittings and equipment used for the construction project;
(4) There must be a quality conformity document as signed respectively by the entities of survey, design, construction, supervision, etc.; and
(5) There must be a guarantee for the repair of construction project as signed by the construction entity.
The construction project shall not be delivered for use unless it has passed the completion-based check.
Article 17 The construction project owner shall, in strict accordance with the relevant provisions of the state governing archives, timely gather and arrange the documents and materials formed in various links of the construction project, establish sound archives for the construction project and timely transfer the archives of the construction project to the construction administrative department or other relevant departments.
Chapter III Quality Responsibilities and Obligations of the Survey and Design Entities
Article 18 An entity engaging in the survey or design of construction projects shall obtain a qualification certificate of the corresponding grade and shall undertake projects within the scope licensed by its qualification grade.
It is forbidden for a survey or design entity to undertake any project beyond the scope licensed by its qualification grade or on behalf of any other survey or design entity. It is forbidden for a survey or design entity to allow any other entity or individual to undertake any project on behalf of it.
No survey or design entity may sub-contract or illegally contract out any project undertaken by it.
Article 19 A survey or design entity shall, in accordance with the mandatory project construction standards, complete the survey or design work and shall be responsible for the quality thereof.
The certified architects, certified structural engineers and other certified practitioners shall affix their signatures to the design documents and shall be responsible for these design documents.
Article 20 The survey results of geology, measurement, hydrology, etc. provided by the survey entity shall be genuine and accurate.
Article 21 The design entity shall complete the design for a construction project on the basis of the documents on the survey results.
The design documents shall satisfy the design depth requirements of the state and shall indicate the reasonable use period of the project.
Article 22 The specifications, models or performances and other technical indicators of the construction materials, components, fittings and equipment as chosen by the design entity shall be indicated in the design documents and the quality requirements therefor shall conform to the national standards.
Except for the specially required construction materials, special equipment and production line, a design entity shall not designate any producer or supplier.
Article 23 The design entity shall make detailed explanations to the construction entity about the construction drawing design documents that have passed the examination.
Article 24 The design entity shall participate in the analyses of construction project quality accident and shall put forward a corresponding technical settlement plan for any quality accident due to design.
Chapter IV Quality Responsibilities and Obligations of the Construction Entity
Article 25 A construction entity shall obtain the qualification certificate of the corresponding grade and shall undertake projects within the scope licensed by its qualification grade.
It is forbidden for a construction entity to undertake the construction of any project beyond the scope licensed by its qualification grade or on behalf of any other construction entity. It is forbidden for a construction entity to allow any other entity or individual to undertake any project on behalf of it.
No construction entity may sub-contract or illegally contract out any project undertaken by it.
Article 26 A construction entity shall be responsible for the construction quality of the construction project.
The construction entity shall establish a quality responsibility system. It shall determine the project manager, technical manager and head of construction management of a construction project.
For the construction project under a general contract, the prime contractor shall be responsible for the quality of the whole construction project. For the construction project survey, design, construction and equipment purchase, if one or several of the aforesaid tasks is/are under a general contract, the prime contracting entity shall be responsible for the quality of the construction project contracted by it or equipment purchased by it.
Article 27 If the prime contracting entity contracts out the construction project to another entity in accordance with the law, the subcontracting entity shall, under the contractual stipulations, be responsible for the quality of the project subcontracted by it to the prime contracting entity. The prime contracting entity and the subcontracting entity shall be jointly and severally responsible for the quality of the aforesaid project.
Article 28 A construction entity shall carry out the construction according to the project design blueprint and construction technical standards. It shall not illegally modify the project design, nor jerry-build the project.
If the construction entity finds, during the process of construction, that there is any error in the design documents and blueprint, it shall put forward its opinions and proposal in a timely manner.
Article 29 The construction entity shall, according to the project design requirements, construction technical standards and contractual stipulations, check the construction materials, components, fittings, equipment and commodity concrete. It shall make a written record for the check, which shall be signed by a person specially assigned for the task. Any construction materials, components, fittings, equipment or commodity concrete that have not been checked or fail to pass the check shall not be used.
Article 30 The construction entity shall establish a sound construction quality inspection system, shall strictly follow the construction procedures and shall check the quality of the hidden parts and make records. It shall, before hiding the parts to be hidden, notify the project owner and construction project quality supervisory institution.
Article 31 For the test-blocks, test-pieces and other materials relating to the structural safety, the construction personnel shall take samples in the presence of the construction entity or project supervisory entity and shall have them tested by a quality testing entity with the corresponding qualification grade.
Article 32 For a construction project with any quality problem during the process of construction or for a construction project that has not passed the completion-based check, a construction entity shall be responsible for repairing it.
Article 33 A construction entity shall establish a sound educational training system and shall strengthen the educational training of the employees. Any employee who has not undergone education training or fails to pass the evaluation shall not assume his post.
Chapter V Quality Responsibilities and Obligations of Project Supervisory Entity
Article 34 A project supervisory entity shall, pursuant to the law, obtain a qualification certificate of the corresponding grade and shall undertake project supervisory business licensed by its qualification grade.
It is forbidden for the project supervisory entity to undertake any project supervisory business beyond the scope licensed by the qualification grade of the entity or in the name of any other project supervisory entity. It is forbidden for any other entity or individual to undertake any project supervisory business in the name of this entity.
No project supervisory entity may transfer any project supervisory business.
Article 35 If a project supervisory entity has subordination relationship or any other interested relationship with the construction contracting entity or with any supplier of the construction materials, components, fittings and equipment for the construction project, it shall not undertake the supervisory business of this construction project.
Article 36 A project supervisory entity shall, under the laws, regulations, relevant technical standards, design documents and construction project contract, supervise the construction quality and bear the supervisory liabilities for the construction quality on behalf of the construction project owner.
Article 37 A project supervisory entity shall select and assign the qualified chief supervisory engineer and supervisory engineer to supervise the construction site.
Without signature of the supervisory engineer, no construction materials, components, fittings or equipment may be used or installed in the project, and the construction entity may not undertake the construction of the next process. Without signature of the chief supervisory engineer, the construction entity shall not appropriate the project fund, nor conduct completion- based check and acceptance.
Article 38 A supervisory engineer shall, pursuant to the project supervision requirements, supervise a construction project by way of on-the-spot inspections, inspection tours and parallel inspections.
Chapter VI Quality Repair Guarantee of Construction Projects
Article 39 A system of quality repair guarantee shall be adopted for construction projects.
When a construction contracting entity submits a report on the completion-based check and acceptance of a project to the project owner, it shall give the project owner a quality repair guarantee, which shall specify the scope of, time limit and responsibilities for the repair guarantee of the construction project.
Article 40 Under normal use conditions, the minimum period for the quality repair guarantee of a construction project shall be as follows:
(1)For the basic facilities of a project, foundations and main parts of a building, the quality repair guarantee period shall be the number of years of reasonable use as prescribed in the design documents;
(2)For the roofing waterproof, and leak prevention of the toilets, rooms and outside walls that should be waterproofed, the quality repair guarantee period shall be 5 years;
(3)For the heat supply and air-conditioning systems, the quality repair guarantee period shall be 2 heating periods and 2 air-conditioning periods;
(4)For the projects of electric wires, gas, water supply and drainage pipes, equipment installation and decoration, the quality repair guarantee period shall be 2 years.
The quality repair guarantee period of other items shall be stipulated by the contracting-out party and the contractor.
The quality repair guarantee period of the construction project shall be computed from the day when the construction project passes completion-based check.
Article 41 If there occurs any quality problem, which falls within the scope of repair guarantee, within the period of repair guarantee, the construction entity shall perform the obligation of repair guarantee and shall be liable for compensating for the losses.
Article 42 If it needs to continue to use a construction project after the expiration of the reasonable use period, the property owner shall authorize a survey or design entity of the corresponding qualification grade to make an authentication, shall take measures, such as consolidating and repairing it, on the basis of the authentication result, and re-determine the use period.
Chapter VII Supervision and Administration
Article 43 The state shall adopt a system of supervision and administration of the quality of construction projects.
The construction administrative department of the State Council shall supervise and administer the quality of construction projects throughout the country in a centralized manner. The relevant departments of railways, communications, water resources, etc. of the State Council shall, under their respective functions, be responsible for supervising and administering the quality of the relevant special construction projects of the whole country.
The construction administrative departments of local people's governments at the county level or above shall, supervise and administer the quality of the construction projects within their respective administrative area. The relevant departments of communications, water resources, etc. shall, within their respective functions, be responsible for supervising and administering the quality of the special construction projects within their respective administrative area.
Article 44 The construction administrative department of the State Council and the relevant departments of railways, communications, water resources, etc. of the State Council shall strengthen the supervision and inspection over the implementation of the laws, regulations and mandatory standards on the quality of construction projects.
Article 45 The development and planning department of the State Council shall, according to the functions as provided for by the State Council, organize special inspectors to supervise and inspect the important construction projects financed by the state.
The economic and trade administrative department of the State Council shall, according to the functions as provided for by the State Council, supervise and inspect the important technical renovation projects of the state.
Article 46 The supervision over and administration of the quality of a construction project may be concretely conducted by a construction project quality supervisory institution authorized by the construction administrative department or by other relevant departments.
An institution undertaking the supervision of quality of housing construction projects and municipal infrastructure projects shall, pursuant to the relevant provisions of the state, subject to the evaluation of the construction administrative department of the State Council or the construction administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. An institution undertaking the supervision of quality of special construction projects shall, in accordance with the relevant provisions of the State Council, be subject to the evaluation of the relevant department of the State Council or the relevant department of the people's government of the province, autonomous region or municipality directly under the Central Government. Neither of the said institutions may conduct quality supervision activities unless they pass the evaluation.
Article 47 The construction administrative department of the local people's government at or above the county level and other relevant departments shall intensify supervision and inspection over the implementation of the laws, regulations and mandatory standards on the quality of construction projects.
Article 48 When the construction administrative department of the people's government at or above the county level and other relevant departments perform their function of supervision and inspection, they shall be empowered to take the following measures:
(1)To require the inspected entity to provide documents and materials relevant to the project quality;
(2)To inspect the construction site of the inspected entity; and
(3)To order the inspected entity to make corrections when it finds any problem that may affect the project quality.
Article 49 The project owner shall, within 15 days from the day when the construction project passes the completion-based check, submit the completion-based check report, the approval or licensed use documents issued by the departments of planning, public security and fire prevention, environmental protection, etc. to the construction administrative department or other pertinent departments for archival purposes.
Where the construction administrative department or any other relevant department finds that the project owner commits any act in violation of the relevant provisions of the state on the management of the quality of construction projects during the course of completion-based check, it shall order the project owner to stop the use of the construction project and reorganize a completion-based check.
Article 50 The relevant entities and individuals shall support and help the construction administrative department and other relevant departments of the people's government at or above the county level to conduct supervision and inspection, shall not refuse or impede the construction project quality supervisors' performing of their duties.
Article 51 No department or entity of water supply, power supply, gas supply, public security and fire prevention may instruct or give hint to the project owner or construction entity to purchase construction materials, components, fittings and equipment from the entity designated by it.
Article 52 Where any quality accident happens in a construction project, the relevant entity shall report it to the local construction administrative department and other relevant departments. For a serious quality accident, the construction administrative department and other relevant departments at the locality where the accident happens shall, according to the type and level of the accident, report it to the local people's government, the superior construction administrative department and other relevant departments.
The investigation procedures for the extremely serious quality accidents shall be governed by the pertinent provisions of the State Council.
Article 53 Any entity or individual shall be entitled to expose, accuse of or complain about the quality accidents or defects of any construction project, if any.
Chapter VIII Penalty Provisions
Article 54 Where any construction project owner contracts out a construction project to a survey entity, a design entity, or a construction entity that does not have the corresponding qualification grade, or any construction project owner entrusts a project supervisory entity without the corresponding qualification grade to conduct supervision to violate this Regulation, it shall be ordered to make corrections, and shall be fined more than 500,000 yuan and less than 1 million yuan.
Article 55 Where any construction project owner contracts out a construction project by dividing it into parts to violate this Regulation, it shall be ordered to make corrections and shall be fined 0.1% up to 1% of the contractual project price. If it is a project wholly or partly invested with state-owned funds, the project or the appropriation of the fund may be suspended.
Article 56 Where any construction project owner violates this Regulation by committing any of the following acts, it shall be ordered to make corrections and shall be fined not less than 200, 000 yuan but not more than 500, 000 yuan:
(1)Forcing the contractor to compete for a bid at a price below the cost;
(2)Arbitrarily cutting down the reasonable time period for the construction of the project;
(3)Expressly instructing or giving hint to the relevant entity to violate the mandatory standards on project construction, and lower the quality of the project;
(4)Illegally carrying out construction work in the event that construction drawing design documents have not been examined or fail to pass the examination;
(5)Failing to carry out supervision over the construction project that shall be subject to project supervision,
(6)Failing to go through the project quality and supervision formalities under the provisions of the state;
(7)Expressly instructing or giving hint to the construction entity to use substandard construction materials, components, fittings and equipment; or
(8)Failing to submit the report the completion-based check report, the approval or licensed use documents for archival purposes.
Article 57 Where any construction project owner violates this Regulation due to carrying out the construction work in the event that it fails to obtain a construction license or that its construction start-up report has not been approved, it shall be ordered to stop the construction and to make corrections and shall be fined not less than 1% but not more than 2% of the contractual project price.
Article 58 Where any construction project owner violates this Regulation by committing any of the following acts, it shall be ordered to make corrections and shall be fined not less than 2% but not more than 4% of the contractual project price. If any losses have been caused, it shall make compensation:
(1)Illegally delivering the project for use without organizing a completion-based check;
(2)Illegally delivering the project for use in the case of failure to pass the completion-based check; or
(3)Checking and accepting a substandard construction project according as one which is up to standard.
Article 59 Where any construction project owner violates this Regulation by failing to transfer the archives of the construction project to the construction administrative department or other relevant departments after the completion-based check and acceptance of the construction project, it shall be ordered to make corrections and shall be fined not less than 10, 000 yuan but not more than 100,000 yuan.
Article 60 Where any survey, design, construction or project supervisory entity violates this Regulation by undertaking any project beyond its qualification grade, it shall be ordered to stop the violation. If it is a survey, design or project supervisory entity, it shall be fined 1 up to 2 times the contractual survey fee, design fee or supervision remuneration. If it is a construction entity, it shall be fined 2% up to 4% of the contractual project price and may be ordered to stop business for rectification and its qualification may be degraded. If the circumstance is severe, its qualification certificate shall be revoked. The illegal proceeds shall be confiscated, if any.
Any entity that undertakes any project without obtaining a qualification certificate shall be banned and shall be fined pursuant to the provisions of the preceding paragraph. The illegal proceeds shall be confiscated, if any.
Where an entity which, by deceitful means, obtains a qualification certificate to undertake projects, its qualification certificate shall be revoked and it shall be fined pursuant to the provisions of the first paragraph of this Article. The illegal proceeds shall be confiscated, if any.
Article 61 Where any survey, design, construction or project supervisory entity violates this Regulation by allowing any other entity or individual to undertake projects on its behalf, it shall be ordered to make corrections and its illegal proceeds shall be confiscated if any. If it is a survey, design or project supervisory entity, it shall be fined 1 up to 2 times the contractual survey fee, design fee or supervision remuneration. If it is the construction entity, it shall be fined 2% up to 4% of the contractual project price. It may be ordered to stop business for rectification and its qualification shall be degraded. If the circumstance is severe, its qualification certificate shall be revoked.
Article 62 If the contracting entity violates the provisions of this Regulation by illegally subcontracting a project, it shall be ordered to make corrections, its illegal proceeds shall be confiscated and a fine of not less than 25% but not more than 50% of the contractual survey fee or design fee shall be imposed on it if it is a survey or design entity; a fine of not less than 0.5 % but not more than 1% of the project contractual price shall be imposed on it if it is the construction entity. It may be ordered to stop business for rectification, and its qualification may be degraded. If the circumstance is severe, its qualification certificate shall be revoked.
Where any project supervisory entity transfers any project supervisory business, it shall be ordered to make corrections, its illegal proceeds shall be confiscated, and a fine of not less than 25% but not more than 50% of the contractual supervision remuneration shall be imposed on it. It may be ordered to stop business for rectification, and its qualification may be degraded. If the circumstance is severe, its qualification certificate shall be revoked.
Article 63 Where an entity violates this Regulation by committing any of the following acts, it shall be ordered to make corrections and shall be fined not less than 100, 000 yuan but not more than 300, 000 yuan:
(1)A survey entity fails to conduct a survey according to the mandatory standards on project construction;
(2)A design entity fails to make a project design according to the documents on the survey result;
(3)A design entity designates any producer or supplier of the construction materials or construction components and fittings; or
(4)A design entity fails to make a design according to the mandatory standards on project construction.
If any of the acts as mentioned in the preceding paragraph results in any project quality accident, the violator shall be ordered to stop business for rectification and its qualification shall be degraded. If the circumstance is severe, its qualification certificate shall be revoked. If any loss is caused, it shall make compensation.
Article 64 Where a construction entity violates this Regulation by jerry-building, using substandard construction materials, components, fittings or equipment, or by other acts of not complying with the construction project blueprint and construction technical standards in the construction, it shall be ordered to make corrections and shall be fined not less than 2% but not more than 4% of the contractual project price. If the construction project quality is inconsistent with the prescribed quality standards, it shall be responsible for doing poorly done work over again and repairing. And shall compensate for the losses resulted therefrom. If the circumstance is severe, it shall be ordered to stop business for rectification, its qualification shall be degraded or its qualification certificate shall be revoked.
Article 65 Where a construction entity violates this Regulation by failing to check the construction materials, construction components and fittings, equipment and commodity concrete or failing to take samples from the test-blocks, test-pieces and other materials relating to the structural safety to make a test, it shall be ordered to make corrections and shall be fined not less than 100, 000 yuan but not more than 200, 000 yuan. If the circumstances are severe, it shall be ordered to stop business for rectification, its qualification shall be degraded, or its qualification certificate shall be revoked. If any loss is caused, it shall make compensation.
Article 66 Where a construction entity violates this Regulation by failing to perform or delaying performing the obligation of repair guarantee, it shall be fined not less than 100, 000 yuan but not more than 200, 000 yuan and shall make compensation for the losses which are resulted from any quality defects during the repair guarantee period.
Article 67 Where a project supervisory entity commits any of the following acts, it shall be ordered to make corrections and shall be fined not less than 500, 000 yuan but not more than 1 million yuan, its qualification shall be degraded or its qualification certificate shall be revoked. Its illegal proceeds shall be confiscated if any. If any loss is caused, it shall bear several and joint liabilities for the compensation:
(1)Lowering the project quality by committing deceitful acts in collusion with the project owner or construction entity; or
(2)Signing substandard construction projects, construction materials, construction components, fittings and equipment as qualified ones.
Article 68 Where a project supervisory entity that has a subordination relationship or any other interested relationship with the construction contracting entity, or with the entity supplying the construction materials, components, fittings and equipment undertakes the supervisory business of this construction project by violating this Regulations, it shall be ordered to make corrections and shall be fined not less than 50, 000 yuan but not more than 100, 000 yuan, its qualification shall be degraded or its qualification certificate shall be revoked, and its illegal proceeds shall be confiscated if any.
Article 69 Where a decoration project involving the main part of the building or change of the load-bearing project is carried out without any design plan by violating this Regulations, the violator shall be ordered to make corrections, it shall be fined not less than 500, 000 yuan but not more than 1 million yuan. If the building user illegally changes the main part of the building or load-bearing project during the decoration process, it/he shall be ordered to make corrections and shall be fined not less than 50, 000 yuan but not more than 100, 000 yuan.
Where the act as mentioned in the preceding paragraph results in any loss, the violator shall make compensation.
Article 70 Where a serious project quality accident is concealed, is falsely reported, or is not reported within the time limit due to a delay, the directly liable person-in-charge and other liable persons shall be given an administrative sanction in pursuance of the law.
Article 71 Where a department or entity of water supply, power supply, gas supply or public security and fire prevention violates this Regulation by expressly instructing or giving hint to the construction project owner or construction entity to purchase construction materials, components, fittings and equipment from the supplier it designates, it shall be ordered to make corrections.
Article 72 Where a certified architect, certified structural engineer, supervisory engineer or any other certified practitioner violates this Regulation and causes any quality accident due to his fault, he shall be ordered to stop his practices for 1 year. If he causes any serious quality accident, his practicing certificate shall be revoked and he shall not be certified within 5 years. If the case is absolutely vile, he shall not be certified for life.
Article 73 Where a fine is imposed on an entity under this Regulation, a fine of not less than 5% but not more than 10% of the said amount of fine shall be imposed on the directly liable person-in-charge and other directly liable persons of this entity.
Article 74 Where any construction project owner, or design, construction or project supervisory entity violates the provisions of the state by lowering the project quality standards and causes any severe safety accident, and if any crime is constituted, the directly liable persons shall be subject to criminal liabilities.
Article 75 The administrative punishments, i.e. stopping business for rectification, degrading qualification and revoking qualification certificate shall be decided by the qualification certificate issuing organ. Other administrative punishments shall be decided by the construction administrative department or other relevant departments according to the statutory functions.
Where the qualification certificate of a violator is revoked according to this Regulation, the administrative department for industry and commerce shall revoke the business license of the violator.
Article 76 Where any of the functionaries of a state organ neglects his duties, abuses his power, seeks private benefits in the work of construction project quality supervision and administration, and if any crime is constituted, he shall be subject to criminal liabilities. If no crime is constituted, he shall be given an administrative sanction.
Article 77 After a staff member of a construction project owner, or a survey, design, construction or project supervisory entity leaves this entity due to transfer of job or retirement, if it is found that he violated the relevant construction project quality management provisions of the state during the period when he was working in this entity and any serious quality accident is caused, he shall be subject to legal liabilities.
Chapter IX Supplementary Provisions
Article 78 The term “contracting out a project by dividing it into parts” as mentioned in this Regulation refers to the act that the construction project owner divides a construction project, which should be finished by one contracting entity, into several parts and then contract them out to different entities.
The term “illegal subcontracting” refers to the following acts:
(1)The prime contracting entity subcontracts the construction project to any entity without corresponding qualification;
(2)The contracting entity lets another entity finish part of a construction project contracted by it under the circumstances that there is no corresponding stipulation in the prime contract on the construction project and it has not obtained the consent of the construction project owner;
(3)The prime contracting entity of the construction project subcontracts the construction work of the main parts of the construction project to other entities;
(4)A subcontracting entity subcontracts out the construction project it subcontracts.
The term “subcontracting” as mentioned in this Regulation refers to the act that a contracting entity of a construction project fails to perform the contractual responsibilities and obligations, it transfers the whole construction project it contracted to others or divide the whole construction project into parts and then transfer them to other entities in the name of subcontracting.
Article 79 The pecuniary penalties and confiscated illegal proceeds as mentioned in this Regulation shall all be turned in to the state treasury.
Article 80 This Regulation does not apply to the construction activities relating to the disaster rescue and other temporary buildings as well as farmers' self-built low-rise residential buildings.
Article 81 The management of the military construction projects shall be governed by the relevant provisions of the Central Military Commission.
Article 82 This Regulation shall come into force as of the promulgation date.
Attachment: Relevant Article of the Criminal Law (omitted)
Article 137 Where any construction project owner, or design, construction or supervision entity, in violation of provisions of the state, lowers the quality standard of a project and thereby causes any serious accident, the person who is directly liable for the accident shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall concurrently be given a pecuniary penalty. If the consequences are extremely serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall concurrently be given a pecuniary penalty.