Measures for the administration of construction project qualification

Chapter I General Provisions

Article 1 [Purpose and Basis] In order to strengthen the supervision and management of survey, design, construction and supervision activities of construction projects, and safeguard the order of the construction market and public interests, these Provisions are formulated in accordance with the Construction Law, the Administrative Licensing Law, the Regulations on Quality Management of Construction Projects, the Regulations on Survey and Design of Construction Projects and the Regulations on Safety Production Management of Construction Projects.

Article 2 [Scope of Application] These Provisions shall apply to the activities of survey, design, construction and supervision of construction projects within the territory of People's Republic of China (PRC), the application for the qualification of construction project survey, design, construction and supervision enterprises, and the supervision and management of the qualification of construction project survey, design, construction and supervision enterprises.

The term "construction project" as mentioned in these Provisions refers to the civil engineering, construction engineering, installation engineering and decoration engineering of lines, pipelines and equipment.

Article 3 [Administrative License] An enterprise shall apply for the corresponding qualification according to the requirements of qualification standards, and only after passing the examination and obtaining the qualification certificate can it engage in the corresponding construction project survey, design, construction and supervision activities within its qualification scope.

Chapter II Classification of Enterprise Qualification

Article 4 [Engineering Investigation] The term "construction engineering investigation activities" as mentioned in these Provisions refers to the activities of identifying, analyzing and evaluating the geological and geographical environment characteristics and geotechnical engineering conditions of the construction site and compiling construction engineering investigation documents according to the needs of construction projects. Including: geotechnical engineering (geotechnical engineering survey, design, test, monitoring and testing, consulting, geotechnical engineering management (including geological disaster management), etc. )), hydrogeology (hydrogeology mapping, exploration, testing, results sorting, etc. ), engineering survey (plane and elevation control survey, white paper mapping, aerial and ground photogrammetry, professional engineering survey, drawing, etc. ), etc.

Article 5 [Engineering Design] The construction engineering design activities mentioned in these Provisions refer to the activities of comprehensively analyzing and demonstrating the technical, economic, resource, environmental and other conditions required by the construction project and compiling the design documents of the construction project according to the requirements of the construction project. Including:

(a) engaged in the main project and supporting projects of the construction project (including all supporting projects such as self-provided power stations, roads, special railways, communications, various pipe networks and supporting buildings in the factory (mine) area) and the design of technology, civil engineering, construction, environmental protection, fire protection, building intelligence, safety, sanitation, energy saving and lightning protection related to the main project and supporting projects.

(2) Engaged in the outdoor engineering design, building structure design, underground engineering design, planning and single design of residential quarters, factory front areas, factory living areas and residential quarters of civil buildings and general industrial construction land planning permits, as well as the design of related disciplines included in the above-mentioned construction projects.

Article 6 The construction activities mentioned in these Provisions refer to the new construction, expansion, reconstruction, maintenance (protection) and demolition activities of construction projects.

Article 7 [Project Supervision] The term "construction project supervision activities" as mentioned in these Provisions refers to the activities that the supervision unit is entrusted by the construction unit to supervise the quality and safety, construction period and cost of the project on behalf of the construction unit in accordance with laws, regulations, relevant technical standards, design documents and construction project contracts.

Article 8 The qualifications of construction engineering enterprises mentioned in these Provisions include the qualifications of construction engineering survey, design, construction and supervision enterprises. Construction engineering investigation is divided into three sequences, comprehensive, professional and labor qualification; Engineering design is divided into four sequences, comprehensive, industrial, professional and special qualifications; Engineering construction is divided into three sequences: general contracting, professional contracting and subcontracting qualification; There are several professional engineering categories for engineering supervision qualification.

Article 9 The qualification of construction engineering survey and supervision is divided into three grades: A, B and C; Engineering design qualification setting is comprehensive, A, B and C; The construction qualification of construction projects is divided into four grades: super grade, first grade, second grade and third grade.

Article 10 [Qualification Standards] The qualification classification and grade standards of construction engineering survey, design, construction and supervision enterprises shall be formulated by the construction administrative department of the State Council in consultation with the relevant professional departments of the State Council.

Major revision or adjustment of the qualification standards of construction engineering survey, design, supervision and construction enterprises by the construction administrative department of the State Council shall be implemented at least six months after the release of the standards.

Chapter III Enterprise Qualification Licensing Authority

Article 11 [Licensing Authority] The construction administrative department of the State Council is responsible for examining and approving the Grade A qualification of construction engineering survey, comprehensive design, supervision, construction general contracting and some professional contracting.

The State Council railway, transportation, water conservancy, information industry, civil aviation and other relevant departments shall, in accordance with the division of responsibilities stipulated by the State Council, cooperate with the construction administrative department of the State Council to examine and approve the qualifications of construction engineering enterprises in related industries.

The construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for examining and approving the Grade B and Grade C qualifications of construction engineering survey and design within their respective administrative areas, the Grade II and below qualifications of general construction contracting, the Grade I qualifications of some professional contracting, the Grade II and III qualifications of all professional contracting and subcontracting, and the Grade II and III qualifications of supervision.

Provinces, autonomous regions, municipalities directly under the central government, transportation, water conservancy, information industry and other relevant departments within the scope of their respective duties, cooperate with the construction administrative departments to examine and approve the qualifications of construction engineering enterprises in related industries.

Article 12 The licensing, supervision and management of the qualifications of construction enterprises shall follow the principles of openness, fairness, justice and convenience, carry out licensing work in strict accordance with the law, improve work efficiency and provide quality services.

Chapter IV Enterprise Qualification Licensing Procedures

Section 1 Application and Acceptance

Article 13 [Application Contents] Construction engineering enterprises apply for qualifications, including initial application, application for additions, application for upgrading, enterprise restructuring, division and merger, etc. , need to re-approve the qualification.

Article 14 Enterprises engaged in survey, design, supervision and construction of construction projects may apply for one or more of the qualifications of construction enterprises.

Enterprises that have obtained comprehensive survey qualifications can engage in corresponding survey activities without applying for survey majors and labor service qualifications.

Enterprises with comprehensive design qualifications can engage in corresponding design activities without applying for design industry, specialty or special qualifications.

Enterprises that have obtained the qualification of general contracting of construction may engage in corresponding construction contracting activities without applying for professional contracting qualification, but may not apply for subcontracting qualification.

Labor subcontracting enterprises can only apply for similar labor qualifications within this qualification sequence.

Article 15 [Accepting organ] The qualification examined and approved by the administrative department of construction in the State Council shall be accepted by the administrative department of construction in the province, autonomous region or municipality directly under the Central Government where the enterprise is registered for industry and commerce.

For the qualification approved by the administrative department of construction in the State Council, the central management enterprises and their subordinate enterprises (wholly-owned enterprises within three floors) directly apply to the administrative department of construction in the State Council.

The qualification of construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government responsible for examination and approval shall be determined by the localities themselves.

Article 16 [Acceptance Method] The qualification acceptance department accepts an enterprise's qualification application at any time.

Section 2 Application Materials

Article 17 When an enterprise applies for qualification for the first time, it shall provide the following materials to the construction administrative department according to the qualification standards:

(a) the application form for the qualification of construction enterprises declared through online construction projects (in triplicate) and the corresponding electronic documents;

(2) A copy of the business license of the enterprise legal person or partnership enterprise or a notice of pre-approval of the business license;

(3) Articles of association of the enterprise;

(4) The post-holding documents, professional title certificates, identity cards and graduation certificates of the person-in-charge of the enterprise and the technical person-in-charge; Nationality certificate, resume, employment documents, professional title certificate, ID card, graduation certificate, etc. Legal representative of the enterprise.

(five) the registration certificate, practice seal, labor contract and social insurance certificate of the registered practitioners;

(6) The professional title certificate, identity card, labor contract, social insurance certificate and relevant performance effective certification materials of the technical personnel required by the qualification standards;

(seven) the professional qualification certificate, identity card, labor contract and social insurance certificate of professional and technical personnel necessary for the enterprise;

(eight) the purchase (lease) contract and invoice of the workplace required by the qualification standards; Enterprises applying for construction qualification also need to provide relevant certificates such as equipment purchase (lease) invoices.

Eighteenth enterprises to apply for additional qualifications, in addition to providing the materials listed in Article 17 of these Provisions to the construction administrative department, it should also provide the original qualification certificate and a copy. Where a construction enterprise applies for additional qualification, it shall also provide proof of project performance that meets the requirements of the corresponding qualification standards.

Article 19 When applying for qualification upgrading, an enterprise shall provide the following materials according to the requirements of qualification standards in addition to the materials listed in Article 17 of these Provisions to the construction administrative department:

(a) the original and photocopy of the qualification certificate;

(2) Relevant financial statements (including income statement and balance sheet) and statements in the last three years;

(three) the relevant performance certification materials of the technical person in charge, registered practitioners and technicians;

(4) Relevant certification materials (contract, acceptance data, settlement, etc.). ) the corresponding qualification standards required.

Article 20 [Enterprise Restructuring] To apply for the qualification of enterprise restructuring and reorganization, in addition to providing the materials listed in Article 17 of these Provisions to the construction administrative department, it shall also provide the restructuring and reorganization plan, the approval decision of the superior asset management department or the shareholders' meeting, the resolution of enterprise employees agreeing to the restructuring and reorganization, and the original enterprise qualification certificate.

When an enterprise is divided to establish a new enterprise to apply for qualification, the original enterprise and the new enterprise shall provide the information listed in Article 17 of these Provisions to the construction administrative department where the enterprise is registered, and shall also provide the division plan, the approval decision of the superior asset management department or the shareholders' meeting and the qualification certificate of the original enterprise.

When an enterprise merges to form a new enterprise to apply for qualification, in addition to providing the information listed in Article 17 of these Provisions to the administrative department of construction where the enterprise is registered, it shall also provide the merger plan, approval documents and the original qualification certificate of the merged enterprise.

Section III Review and Decision

Article 21 The construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 15 working days, report the examination and approval results of the qualifications of construction enterprises approved in accordance with these Provisions to the construction administrative departments of the State Council for the record.

Twenty-second [examination and approval procedures] the qualification examination and approval procedures for construction enterprises are as follows:

(a) the qualification acceptance department shall examine the application materials of the enterprise, check whether the copy of the application materials is consistent with the original, and issue a notice of acceptance or rejection;

(two) for the qualification application that should be preliminarily examined according to the regulations, the qualification preliminary examination department shall report all the application materials and preliminary examination opinions to the qualification examination and approval department after signing the preliminary examination opinions on the qualification application materials. Involving transportation, water conservancy, information industry and other qualifications, the relevant departments at the same level will send personnel to participate in the preliminary examination;

(three) the qualification examination and approval department, involving railway, transportation, water conservancy, information industry, civil aviation and other qualifications. , the relevant departments at the same level shall send personnel to participate in the examination organized by the examination and approval department;

(four) when necessary, the qualification examination and approval department may organize experts to conduct evaluation and field visits;

(five) the qualification examination and approval department shall publicize the examination opinions. If the applicant's application meets the statutory conditions and qualification standards, the examination and approval department shall issue an announcement on granting administrative license according to law and issue a qualification certificate.

Article 23 If a construction enterprise applies for increasing the qualification of projects and upgrading, and commits any of the following acts within one year before the date of application, the examination and approval department shall not approve it:

(a) colluding with the construction unit or other enterprises, or seeking the bid by other improper means;

(2) Exceeding the qualification level of the enterprise or contracting projects in the name of other enterprises, or allowing other enterprises and individuals to contract projects in the name of the enterprise;

(3) Subcontracting the contracted project or subcontracting it illegally;

(four) due to the responsibility of the enterprise, a major quality accident occurred in the project construction;

(five) in violation of the national mandatory standards for engineering construction, resulting in certain consequences;

(six) to apply for qualification by deception;

(seven) other acts in violation of laws and regulations.

Article 24 If an enterprise applies for qualification for the first time and meets the requirements of a registrant, it shall go through the registration formalities of the registrant within 60 working days from the date of the announcement of examination and approval, and provide a copy of the registration certificate stamped with the effective practice seal of the registered practitioner to the qualification examination and approval department before receiving the qualification certificate; If it is not provided within the time limit, it will be regarded as giving up the application and the qualification certificate will not be processed.

Article 25 [Qualification Certificate] The qualification certificate of a construction enterprise is divided into an original and a duplicate, which are uniformly printed by the administrative department of construction of the State Council, and the original and the duplicate have the same legal effect. The qualification certificate is valid for five years.

Article 26 No unit or individual may alter, forge, lend or transfer the qualification certificate of a construction enterprise, or illegally seize or confiscate the qualification certificate of a construction enterprise.

Article 27 When an enterprise receives a new qualification certificate for a construction enterprise, it shall return the original qualification certificate to the original issuing authority for cancellation.

Article 28 If an enterprise loses its qualification certificate for a construction enterprise, it shall declare it invalid in the public media and apply to the original issuing authority for a replacement.

60 working days before the expiration of the qualification certificate, the enterprise shall apply to the original issuing authority for qualification renewal and submit relevant materials.

Twenty-ninth [public access] the examination and approval department shall announce the qualification examination and approval to the public through the media to facilitate public access.

Section IV Review Period

Article 30 After receiving the qualification application materials submitted by the enterprise, the qualification acceptance department shall make a decision on whether to accept them or not, and inform the applicant of all the contents that need to be corrected at one time within 5 days.

The qualification acceptance department shall complete the preliminary examination within 20 working days from the date of making the acceptance decision, and report all the application materials and preliminary examination opinions to the qualification examination and approval department.

Article 31 The qualification examination and approval department shall complete the examination within 20 working days, make a written examination and approval decision, and publicize the examination and approval results in the public media.

Article 32 [Publicity Time] The publicity time of the qualification examination and approval department is 10 working days. The time for publicity and expert review is not counted in the examination and approval period.

Section 5 Changes

Thirty-third [certificate change] the construction administrative department shall accept the application for change of the qualification certificate of the construction enterprise at any time.

Article 34 Where the name, qualification certificate number, address, legal representative and registered capital of an enterprise are changed, an application for qualification change shall be submitted to the original issuing authority within 30 working days after the industrial and commercial department handles the change procedures, and the original issuing authority shall handle the change procedures within 10 working days.

The change of enterprise name and qualification certificate number shall be confirmed by the construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the construction administrative departments of the State Council for handling; Other changes shall be handled by the construction administrative department of the province, autonomous region or municipality directly under the Central Government where the enterprise is registered for industry and commerce, and the results shall be reported to the construction administrative department of the State Council for filing within 15 working days, and online check and update shall be completed at the same time.

Thirty-fifth [personnel change] enterprise registered practitioners, project managers, technical personnel change, should be within one month after the change in accordance with the qualification acceptance and approval procedures to the relevant departments for the record, and at the same time complete the online check and update.

Article 36 When an enterprise changes due to reasons other than restructuring, reorganization, division or merger, it shall provide the following information:

(1) Application for change of enterprise qualification certificate and electronic document;

(2) A copy of the business license of the enterprise as a legal person;

(3) The original and photocopy of the qualification certificate;

(four) the approval of the superior competent department of the enterprise or the resolution of the shareholders' meeting and the board of directors of the company.

Thirty-seventh enterprise qualification certificate replacement (including additions, replacement or loss), should provide the following information:

(1) Supplementary application for enterprise qualification certificate and electronic document;

(2) If the replacement certificate is lost, a statement published in the public media shall be provided.

Section 6 Others

Article 38 The highest qualification level of engineering survey, design and supervision enterprises that apply for the first time or apply for additions is Grade B; The first application or application for additional construction qualification is the lowest level, and the application for additional qualification of corresponding professional contracting by the general contracting enterprise shall be examined and approved according to the actual standards.

Article 39 [Appraisal Measures] When an enterprise applies for two or more enterprise qualifications of engineering survey, design, construction and supervision at the same time, its qualifications such as technical personnel, registered capital and office space can be combined for appraisal.

Article 40 Technicians who have obtained multiple professional qualifications may register to practice in the same enterprise respectively.

Chapter V Supervision and Inspection

Forty-first the State Council construction administrative departments to implement unified supervision and management of the national construction enterprise qualification. The State Council railway, transportation, water conservancy, information industry, civil aviation and other relevant departments shall, in accordance with the division of responsibilities, cooperate with the construction administrative department of the State Council to supervise and manage the qualifications of construction engineering enterprises in related industries.

The construction administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of the qualifications of construction enterprises within their respective administrative areas. The transportation, water conservancy, information industry and other relevant departments of the local people's governments at or above the county level shall cooperate with the construction administrative departments to supervise and manage the qualifications of construction engineering enterprises in related industries.

Article 42 The construction administrative department shall strengthen the supervision and inspection of construction engineering enterprises, and perform the supervision responsibility by inspecting the employees, business performance, market behavior, quality and safety conditions of the enterprises.

The construction administrative department shall record the supervision and inspection and the results of the treatment, and file them after being signed by the supervision and inspection personnel.

Article 43 The construction administrative department at a higher level shall strengthen the supervision and inspection of the qualification management of the construction administrative department at a lower level, and promptly correct the illegal acts in the qualification management.

Forty-fourth [on-site supervision and inspection] the construction administrative department has the right to take the following supervision and inspection measures, and the units under supervision and inspection shall cooperate:

(a) to enter the site inspection of construction project activities;

(two) ask the personnel related to the supervision and inspection matters;

(three) to provide documents and materials related to the supervision and inspection matters, and make an explanation;

(4) Collecting relevant information by means of audio recording, audio recording, video recording, photographing or copying;

(five) other supervision and inspection measures that can be taken in accordance with laws and regulations.

Article 45 When conducting supervision and inspection, the construction administrative department shall not interfere with the normal business activities of the enterprise, ask for or accept the property of the enterprise, or seek other interests.

Article 46 If a construction enterprise commits an illegal act, the construction administrative department in the place where the illegal act occurs shall copy the illegal facts, handling opinions or handling results to the qualification examination and approval department and the construction administrative department in the province, autonomous region or municipality directly under the Central Government where the enterprise is registered according to law.

Article 47 Any organization or individual who discovers that an enterprise is engaged in illegal business activities has the right to report complaints to the qualification examination and approval department, which shall promptly verify and handle them.

Article 48 [Supervision and Management] If the construction administrative department finds that the qualification conditions of an enterprise cannot meet the qualification grade standard during the supervision and inspection, it shall report the relevant information to the qualification examination and approval department in time, and the qualification examination and approval department shall order it to make corrections within a time limit; If it fails to reach the qualification grade standard within the time limit, its qualification shall be revoked, and the enterprise may re-apply according to the actual qualification grade standard.

Article 49 [Cancellation of Qualification] In any of the following circumstances, the qualification examination and approval department shall go through the formalities for cancellation of qualification of relevant enterprises according to law:

(a) the qualification certificate expires, and the qualification has not been re-approved;

(2) The construction enterprise is terminated according to law;

(three) the qualification certificate is revoked or withdrawn according to law, or the qualification certificate is revoked according to law;

(four) other circumstances in which the qualifications of construction enterprises should be cancelled according to laws and regulations.

Article 50 The construction administrative department or industry organization shall promote the construction of enterprise credit system and establish credit files of construction enterprises and registered practitioners.

The credit files of construction enterprises and registered practitioners shall include complaints, reports and handling, administrative penalties, etc. ; The credit file of a construction enterprise shall also include the quality and safety of the project and the failure to settle the project payment according to the contract. Any unit or individual has the right to consult credit files.

Chapter VI Legal Liability

Article 51 If a construction enterprise conceals relevant information or provides false materials to apply for qualification, the qualification examination and approval department will not accept it or issue a qualification certificate, and at the same time give a warning, and may not apply for the qualification of the enterprise again within one year.

Article 52 Where an enterprise qualification is obtained by cheating, bribery or other improper means, the qualification examination and approval department shall give administrative punishment according to law, and the enterprise shall not apply for the enterprise qualification again within three years; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-third [violation of administrative organs and staff] construction administrative departments and their staff in violation of these provisions, in any of the following circumstances, their superior administrative organs or supervisory organs shall order them to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law:

(a) the application for qualification of construction enterprises that meet the statutory conditions is not accepted;

(two) failing to publicize the materials that should be publicized according to law in the office;

(three) in the process of accepting and approving the enterprise qualification, the legal obligation to inform the applicant and interested parties has not been fulfilled;

(four) failing to explain the reasons for not accepting the application for enterprise qualification or not granting the enterprise qualification license according to law;

(5) Failing to perform supervisory duties according to law or causing serious consequences due to poor supervision.

Chapter VII Supplementary Provisions

Fifty-fourth [administrative licensing fee] the qualification examination and approval department does not charge fees for the implementation of the qualification license for construction enterprises, and the required funds are included in the departmental budget, which is guaranteed by the finance at the corresponding level and allocated according to the approved budget.

Article 55 An enterprise with the qualification of general contracting for engineering survey, design or construction may carry out general contracting business within the scope of engineering projects permitted by its qualification grade.

Article 56 A construction unit may entrust a project management enterprise to manage and serve the organization and implementation of a construction project in the whole process or in stages. Engineering project management enterprises engaged in construction engineering survey, design, construction, supervision, bidding agency and other activities shall obtain corresponding enterprise qualifications according to law.

Article 57 These Provisions shall not apply to the survey, design, construction and supervision of military construction projects.

Article 58 These Provisions shall come into force as of the date of promulgation. Provisions on the Administration of Qualification of Construction Enterprises (Order No.87 of the Ministry of Construction), Measures for the Administration of Qualification of Construction Engineering Survey and Design Enterprises (Order No.93 of the Ministry of Construction) and Regulations on the Administration of Qualification of Engineering Supervision Enterprises (Order No.0/02 of the Ministry of Construction) shall be abolished at the same time.