Rules of the Shenzhen Municipality on Special Punishments on the Serious Violation of Law in the Construction Market

 2018-05-31  9


Rules of the Shenzhen Municipality on Special Punishments on the Serious Violation of Law in the Construction Market

· Document Number:Announcement No. 49 of the Standing Committee of of the Fourth Shenzhen Municipal People's Congress

· Area of Law: Construction Industry

· Level of Authority: Regulations of Districted Cities

· Date issued:08-15-2007

· Effective Date:09-01-2007

· Status: Effective

· Issuing Authority: Shenzhen City People's Congress (incl. Standing Committee)

 

Announcement of the Standing Committee of of the Fourth Shenzhen Municipal People's Congress
(No. 49)
The Rules of the Shenzhen Municipality on Special Punishments on the Serious Violation of Law in the Construction Market, Adopted at the Tenth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on January 24, 2007 and approved at the Thirty-Third Meeting of the Standing Committee of the Tenth Guangdong Provincial People's Congress on July 27, 2007, is hereby promulgated and shall come into effect on September 1, 2007.
Standing Committee of Shenzhen Municipal People's Congress
August 15, 2007
Rules of the Shenzhen Municipality on Special Punishments on the Serious Violation of Law in the Construction Market
(Adopted at the Tenth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on January 24, 2007 and approved at the Thirty-Third Meeting of the Standing Committee of the Tenth Guangdong Provincial People's Congress on July 27, 2007)
Article 1 In order to maintain public safety and social stability, strengthen the punishment on the serious violation of law in the construction market, these rules are hereby formulated according to related law, regulations and in the light of the practical conditions of this city.
Article 2 The serious violation of law in the construction market referred to in these rules shall include:
(1) to cause an accident by violating the rules on safe production and project quality management, or to refuse to rectify when there is a hidden danger of an accident;
(2) to violate the rules on the management of inviting and offering bids for projects by collaboration in bidding;
(3) to default on payment of the wages of contract workers when circumstances are serious.
Article 3 If a construction unit causes an accident by violating the rules on
safe production and project quality management, the municipal administrative department in charge of construction shall temporarily suspend its quality certificate according to the following rules:
(1) in the case of an ordinary accident, the term of temporary suspension shall be 1 to 3 months;
(2) in the case of a more serious accident, the term of temporary suspension shall be 4 to 6 months;
(3) in the case of a major accident or an unusually major accident, the term of temporary suspension shall be 7 to 12 months.
As for related persons responsible for an accident, the municipal administrative
department in charge of construction and related departments shall temporarily suspend, according to law, their qualification certificates to practice, certificates to take a post, which are related to safe production, for the term prescribed in the previous section.
Article 4 If units of project survey, design, supervision, and test, etc.,
are responsible for an accident, the municipal administrative department in charge of construction shall temporarily suspend their quality certificates according to the following rules:
(1) in the case of an ordinary accident, the term of temporary suspension shall be 1 to 2 months;
(2) in the case of a more serious accident, the term of temporary suspension shall be 3 to 4 months;
(3) in the case of a major accident or an unusually major accident, the term of suspension shall be 5 to 6 months.
As for related persons responsible for an accident, the municipal administrative
department in charge of construction and related departments shall temporarily suspend, according to law, their qualification certificates to practice, certificates to take a post, which are related to safe production, for the term prescribed in the previous section.
Article 5 If units of project survey, design, supervision, and test, etc., violate the rules on safe production and project quality management, there is a hidden danger of an accident, and the administrative department in charge of construction enjoin them to rectify by a deadline, but they refuse to rectify by the deadline or their rectification does not meet requirements, the municipal administrative department in charge of construction shall temporarily suspend their quality certificates until their rectification meets requirements.
Article 6 If one of the following situations applies to bidders, it shall be regarded as collaboration in offering a bid and punished by the administrative department in charge of construction according to law:
(1) the contents of bidding documents of different bidders are abnormally identical with each other;
(2) the quotations of bidding or compositions of quotations of different bidders are abnormally identical or show regularity in the changes;
(3) the bidding documents of different bidders are formulated by the same unit or the same person, or the consulting services are provided by the same unit or the same person who has substantial influence on the formation of the bidding documents;
(4) the bidding documents of different bidders have the same person as the project manager stated in these documents;
(5) the bidding documents of different bidders are mixed in a package;
(6) different bidders use the money of the same unit or the same person to pay for deposit for bidding or as counter-guarantee for letters of guarantee of bidding;
(7) the bidding documents of different bidders are formulated by using the same computer or printed out by the same attached equipment;
(8) different bidders entrust bidding to the same person;
(9) the other acts of collaboration in bidding affirmed by the administrative department in charge of construction according to law.
Article 7 If one of the following situations applies to a construction unit and
affirmed by a related department by investigation, and the unit continues to default on payment of the wages of contract workers after being pressed for payment, the municipal administrative department in charge of construction shall temporarily suspend its quality certificate until making full payment of the wages:
(1) to have defaulted on payment of wages for more than 3 months;
(2) to have defaulted on payment of wages of more than 50,000 RMB;
(3) to have defaulted on payment of wages of more than 10 workers.
Article 8 Units of survey, design, construction, supervision, test, construction cost consulting, bidding agency, etc., and their personnel registered to practice in construction projects shall report information to the municipal administrative department in charge of construction, and the municipal administrative department in charge of construction shall set up credit files.
Article 9 If units of survey, design, construction, supervision, test, construction cost consulting, bidding agency, etc., and their personnel registered to practice in construction projects violate related law, regulations, or compulsory standards for construction projects, the municipal administrative department in charge of construction shall enter their illegal acts into their credit files and make them available for public summons.
Article 10 If the municipal administrative department in charge of construction temporarily suspends quality certificates, qualification certificates according to these rules, it shall inform the offices issuing these certificates.
Article 11 If the municipal administrative department in charge of construction violates the rules in temporarily suspending quality certificates, qualification certificates, the related departments shall impose administrative sanctions on directly responsible persons in charge and other directly responsible persons according to law.
Article 12 In case of refusing to accept a decision on suspending quality certificates, qualification certificates made by the municipal administrative department in charge of construction, a party concerned may apply for administrative review or take a administrative action according to law.
Article 13 Specific measures on implementation of Articles 8, 9 of these rules shall be formulated by the municipal administrative department in charge of construction jointly with related departments within 18 months from the date when these rules are put into effect.
Article 14 These rules shall take effect as of September 1, 2007.