Ministry of Housing and Urban-Rural Construction on Issue
Notice of the Administrative Measures for the Identification, Investigation and Disposal of the Illegal Acts of Contract-issuing and Contracting of Construction Projects
The Housing and Urban-Rural Construction Departments of the provinces and autonomous regions, the Housing and Urban-Rural Construction (Management) Committee of the municipality directly under the Central Government, and the Housing and Urban-Rural Construction Bureau of the Xinjiang Production and Construction Corps:
In order to standardize the contracting and contracting activities of construction projects, ensure the quality and safety of construction projects, effectively curb illegal contracting, subcontracting, affiliation and other illegal acts, and safeguard the order of construction market and the legitimate rights and interests of the main participants in construction projects, our Ministry has formulated the "Illegal Acts of contracting and contracting for construction projects". The Administrative Measures for Identification, Investigation and Punishment are now issued to you. Please comply with them. In the implementation of the problems encountered, please inform our Department of Construction Market Supervision in a timely manner.
Ministry of Housing and Urban-Rural Construction of the People's Republic of China
January 3, 2019
(This is voluntarily disclosed)
Management Measures for the Identification, Investigation and Disposal of Unlawful Acts in Construction Contract and Contracting
Article 1 In order to standardize the identification, investigation and management of illegal acts in the contracting and contracting activities of construction projects, to ensure the quality and safety of projects, to effectively curb illegal acts in the contracting and contracting activities, and to maintain the order of the construction market and the legitimate rights and interests of the main participants in construction projects, in accordance with the Constructions of the People's Republic of China. Construction Law, Bidding Law of the People's Republic of China, Contract Law of the People's Republic of China, Regulations on Quality Management of Construction Projects, Regulations on Safety Production of Construction Projects, Regulations on the Implementation of Bidding Law of the People's Republic of China, and Regulations on Mothers of Construction Enterprises of the Law and Engineering Committee of the National People's Congress These Measures are formulated in conjunction with the practice of construction activities.
Article 2 The term "construction projects" as mentioned in these Measures refers to housing construction and municipal infrastructure projects and their ancillary facilities, as well as the installation works of their supporting lines, pipelines and equipment.
Article 3 The Ministry of Housing and Urban-Rural Construction shall exercise unified supervision and management over the identification and investigation of illegal acts of contracting and contracting for construction projects throughout the country.
The competent departments of housing and urban and rural construction under the local people's governments at or above the county level shall be specifically responsible for the identification and investigation of illegal acts of contracting and contracting for construction projects within their respective administrative areas within the scope of their duties.
The illegal acts of contracting and contracting referred to in these Measures refer specifically to illegal acts of contracting, subcontracting, subcontracting and affiliation.
Article 4 Construction units and contractors shall strictly sign contracts according to law, clarify the rights, obligations and responsibilities of both parties, strictly prohibit illegal subcontracting, subcontracting and affiliation, and ensure the quality of projects and construction safety.
Article 5 The term "illegal contracting" as mentioned in these Measures refers to the acts of contracting projects by construction units to individuals or units without corresponding qualifications, dismembering, violating legal procedures and other violations of laws and regulations.
Article 6 If one of the following circumstances exists, it shall be illegal to issue contracts:
(1) The construction unit contracts the project to individuals;
(2) If the construction unit contracts the project to an entity without corresponding qualifications;
(3) Should bidding be conducted according to law without bidding or without issuing contracts in accordance with the statutory bidding procedures;
(4) The construction unit sets unreasonable conditions for bidding and tendering, restricting or excluding potential bidders or bidders;
(5) The construction unit divides the construction of a unit project into several parts and contracts them to different general or professional contractors.
Article 7 The term "subcontracting" as mentioned in these Measures refers to the act of a contractor failing to fulfill its contracted responsibilities and obligations after contracting a project, transferring all the contracted projects to other units or individuals in the name of subcontracting, or dismembering all the contracted projects.
Article 8 If one of the following circumstances exists, it shall be recognized as subcontracting, except where there is evidence that it belongs to affiliation or other illegal acts:
(1) If the contractor transfers all the projects contracted by it to other units (including the case where the parent company has undertaken the construction projects and transferred the projects to a subsidiary company with independent legal personality) or individuals for construction;
(2) After dismembering all the projects contracted by the contractor, the contractor transfers them to other units or individuals for construction in the name of subcontracting;
(3) The construction general contracting unit or specialized contracting unit does not have one or more of the main managers, such as project manager, technical director, quality manager and safety manager, or the project manager, technical director, quality manager and safety manager assigned to it, and the construction unit does not have one or more of them. If a labor contract has been concluded and no relationship between labor wage and social endowment insurance has been established, or the person in charge of the project assigned has not organized and managed the construction activities of the project, and can not reasonably explain and provide corresponding certificates;
(4) The contract stipulates that the contracting unit shall be responsible for the procurement of the main building materials, structural fittings and engineering equipment or the leased construction machinery and equipment, which shall be purchased or leased by other units or individuals, or that the construction unit shall not provide proof of procurement, leasing contracts and invoices, and shall not be reasonable.