Beijing Zhengban made [2001] No.98
The people’s governments of the districts and counties, the commissions, offices and bureaus of the municipal government, and the municipal institutions:
In order to implement the Notice of the General Office of the State Council on Further Rectifying and Standardizing the Order of the Construction Market (Guo Ban Fa [2001] No.81, hereinafter referred to as the Notice) and further standardize the order of the construction market in this Municipality, with the consent of the municipal government, relevant matters are hereby notified as follows:
First, raise awareness and clarify the key points of rectification
The construction market is an important part of the socialist market economic system. A standardized and orderly construction market plays an extremely important role in the city’s economic development and social stability, improving the urban environment and residents’ living conditions, preparing for the 2008 Olympic Games and completing the large-scale urban reconstruction and construction tasks currently under way. All localities, departments and units must, from the height of implementing Theory of Three Represents, understand and do a good job in rectifying and standardizing the order of the construction market, enhance their sense of responsibility and urgency, and earnestly take responsibility in accordance with the unified requirements of the municipal government in order to achieve practical results. At present, we should focus on the following six aspects:
(a) to investigate and deal with the problems of evading bidding and practicing fraud in bidding activities according to law;
(two) to investigate and deal with the problems of survey, design, construction unit subcontracting, illegal subcontracting and illegal transfer of supervision business by supervision units, as well as unlicensed or leapfrog contracting of engineering business;
(three) to investigate and deal with violations of legal construction procedures such as not handling construction permits, not handling completion acceptance and filing, and not implementing project supervision according to regulations;
(four) to investigate and deal with the problems of not implementing the mandatory standards for engineering construction and cutting corners according to law;
(5) Resolutely correct the problem that the competent government departments fail to administer and supervise and enforce the law according to law;
(six) vigorously rectify and standardize the decoration engineering activities and decoration materials market order, to ensure the quality of decoration engineering.
Two, fully open the city’s construction market.
Resolutely implement the "Regulations of the State Council on Prohibiting Regional Blockade in Market Economy Activities" (the State Council Decree No.303rd), and fully open the city’s construction market. Cancel the original examination and approval system for foreign construction enterprises to go to Beijing for construction and all regulations restricting foreign construction enterprises to go to Beijing for construction. All survey, design, construction and supervision enterprises with business licenses and qualification certificates can participate in the bidding of this city’s projects. No unit or individual may in any way restrict or exclude enterprises from the local area and outside the system from bidding, and may not engage in regional blockade and departmental protection in any way. At the same time, it is necessary to strengthen the supervision of the construction market, and those "leather bag" companies that do not have the corresponding qualifications and engage in qualifications and construction enterprises that violate laws and regulations and have major engineering quality and safety accidents, whether local enterprises or foreign enterprises, are not allowed to enter the city’s construction market.
Third, further improve the physical construction market and create an open, just and fair competitive environment.
On the basis that the construction, supervision and equipment procurement of the city’s construction projects have entered the physical construction market for bidding, as soon as possible, the professional projects such as survey, design and material procurement, water, electricity, gas, heat, communication and fire protection will be brought into the physical construction market for bidding, not only the general contracting projects, but also the professional and labor subcontracting projects.
Improve and perfect the physical construction market system. The central market, the specialized market and the sub-markets of all districts and counties should have unified rules, coordinated operation and hierarchical management. The physical construction market must be decoupled from government departments, and personnel and functions should be separated. All physical construction markets should make public their work systems and procedures, and collect fees in strict accordance with the approved charging items and standards. It is necessary to improve the expert database of bid evaluation as soon as possible, expand the number and specialty of bid evaluation experts, formulate methods for expert bid evaluation, standardize bid evaluation behavior, strengthen the dynamic management of bid evaluation experts, and create an open, just and fair market competition environment for bidding parties.
Four, strictly implement the owner responsibility system, strengthen the management of statutory construction procedures.
Strictly implement the owner responsibility system of construction projects or the project legal person system. The owner or the project legal person is the first responsible person of the project, responsible for the whole process of the project construction, fully responsible for the project investment benefit and project quality, and bear corresponding economic and legal responsibilities according to law. To implement the owner responsibility system, we must standardize the market behavior of owners according to law.
(a) standardize the bidding behavior. All projects that should be subject to tender or open tender according to law must be subject to tender or open tender. If the owner does not have the ability to prepare tender documents and organize tender, he should entrust a bidding agency with corresponding qualifications to handle the tender. The owner shall not dismember the project contracted by a unit, force the contractor to bid at a price lower than the cost, make the bidder whose bid price is lower than the reasonable cost win the bid, make the contractor’s "advance payment" as a condition for winning the bid, and even sign an "underground contract" with the contractor. Those who violate the above provisions shall be severely punished according to law.
(two) strictly implement the statutory construction procedures. In particular, it is necessary to strictly implement the construction drawing design document review, construction permit, completion acceptance and filing system, and effectively grasp the project start-up and delivery. The owner or the project legal person shall submit the construction drawing design documents to the unit entrusted by the Municipal Planning Commission for review, and the construction drawing design documents that have not been examined and approved or failed after examination and are still unqualified after modification shall not be used, and those that are used without authorization shall be investigated for responsibility according to law; No construction permit shall be issued to those who do not meet the statutory starting conditions; Any unit or individual that has not obtained the construction permit shall not allow the construction enterprise to start construction; Those who start work without obtaining a construction permit shall be dealt with according to law; After the completion of the project, the owner shall organize the acceptance according to law, file with the construction administrative department and submit the completed files to the urban construction archives. Those that have not been accepted or failed to pass the acceptance shall not be delivered for use. If it is delivered for use without acceptance or unqualified acceptance, once it is discovered, it shall be ordered to stop using it and reorganize the acceptance. The Municipal Construction Committee should revise the measures for the administration of construction permits as soon as possible, simplify the examination and approval procedures and shorten the examination and approval time.
(3) Vigorously solve the problem of project arrears. Construction projects within the scope of this Municipality shall implement construction funds in accordance with relevant regulations. If the construction funds are not implemented, the construction administrative department shall not issue a construction permit. During the construction, the owner shall pay the project payment according to the contract. If the project progress payment is defaulted in violation of the contract, the construction enterprise may stop the construction and claim the shutdown loss from the owner according to law. After the completion of the project, if the project payment has not been fully allocated according to the contract, the construction enterprise and the supervision unit may not sign the completion acceptance document, the construction administrative department shall not handle the completion filing procedures, and shall not issue the construction permit to its new project. In order to establish a project risk management system with project guarantee and insurance as the main contents, it is necessary to implement the performance guarantee system of contractors and the payment guarantee system of construction units at present to ensure the normal performance of project contracts.
Five, strengthen the qualification management, strict market access and clearance system.
All engineering survey, design, construction, supervision and bidding agencies must obtain the corresponding qualification certificates according to law, and engage in corresponding engineering construction activities within the scope permitted by their qualification grades. Illegal subcontracting, linking, illegal subcontracting and undertaking engineering business without a license or leapfrog are strictly prohibited. Units that commit the above-mentioned illegal acts or have major engineering quality and safety accidents shall be downgraded according to law, and their qualification certificates shall be revoked if the circumstances are serious; Registered architects, structural engineers, supervision engineers, cost engineers and other registered practitioners and project managers of construction enterprises who are directly responsible shall be ordered to stop practicing or revoke their qualification certificates; If the circumstances are bad, registration will not be granted for life. At present, in accordance with the deployment of the Ministry of Construction, we should conscientiously do a good job in putting the qualifications in place, optimize the industrial organization structure through putting the qualifications in place, effectively form an enterprise pattern of three sequences: construction general contracting, professional contracting (sub-contracting) and labor subcontracting, and establish a scientific and reasonable project general subcontracting system.
Construction administrative departments at all levels should strengthen the supervision and management of enterprise qualifications. For construction enterprises (including non-local enterprises) engaged in architectural survey, design and construction in this city, management files should be established and follow-up management should be implemented. Their business performance, bad business behaviors (mainly ten behaviors listed in Article 14 of the Regulations on the Administration of Construction Enterprise Qualification No.87 issued by the Ministry of Construction) and illegal behaviors should be recorded in the management files, which will serve as an important basis for assessing enterprise qualifications and annual inspection.
Six, standardize the building decoration market
Strengthen the supervision of the city’s architectural decoration, especially the residential decoration, focusing on the unauthorized change of the main body and load-bearing structure of the building in the decoration project according to law. For changes involving the main body of the building and the load-bearing structure, the original design unit or a design unit with corresponding qualifications must be entrusted to put forward the design scheme before construction. In decoration construction, construction enterprises should strictly implement the regulations on preventing environmental pollution and control the influence of dust, waste, noise and vibration on the surrounding environment. According to the relevant standards, it is forbidden to use materials harmful to human body in decoration engineering. It is necessary to implement the "Several Provisions on Strengthening the Management of Family Room Decoration of Newly-built Commercial Residential Buildings (for Trial Implementation)" (J.J.F. [2001] No.616), and advocate that when developing commercial residential buildings, the home decoration should be integrated with the main structure of the residential buildings and sold after the construction is in place; Advocate the introduction of supervision mechanism into the home improvement market.
Seven, strictly implement the mandatory standards for engineering construction.
Mandatory standards for engineering construction are technical regulations, which must be strictly implemented by the owner and the survey, design, construction and supervision units. To strengthen the supervision and management of construction drawing design review, according to the State Council’s "Regulations on Quality Management of Construction Projects" (Order No.279 of the State Council) and relevant mandatory standards, implement their respective project quality responsibilities, and prevent the quality of the project from being reduced due to one-sided pursuit of low cost and time limit for a project. It is strictly forbidden to make shoddy work and cut corners. Strictly implement the national and municipal regulations on safety production, environmental protection and civilized construction and relevant construction specifications, earnestly strengthen the management of safety production, environmental protection and civilized construction, strive to eliminate hidden dangers of accidents, and seriously control pollution such as dust and noise. Construction administrative departments and relevant professional departments should strengthen the inspection of the implementation of laws, regulations, mandatory standards for engineering construction and various norms according to law, and punish the directly responsible units and responsible persons who violate relevant regulations according to law. In case of major quality and safety accidents, not only the responsible units and persons should be severely punished according to law, but also their superior leaders and supervisors should be held accountable.
Eight, strengthen law enforcement, and severely punish violations of laws and regulations.
Strengthen the supervision of the construction market, but also supervise and inspect the whole process of the winning project, and earnestly enforce the law strictly and punish those who violate the law. While doing a good job in professional law enforcement inspection in planning, construction and planning, industry and commerce, labor, price, environmental protection, technical supervision and other departments, we should give full play to the role of social supervision, encourage the masses to report illegal acts, strengthen the comprehensive management of the construction market, and effectively curb illegal acts. Regularly publish law enforcement inspections, especially typical cases of violations of laws and regulations that have a certain impact on society, and should be publicly exposed to play a deterrent and warning role.
Nine, establish and improve the legal system, strengthen the construction of law enforcement team.
According to the deployment of the State Council and the municipal government, on the basis of cleaning up the existing local laws, regulations and normative documents that violate the relevant national laws, WTO rules and market economy laws, we will promptly formulate regulations and normative documents such as Several Provisions on Supervision and Management of Bidding for Construction Projects in Beijing, Measures for Management of Bidding Agencies in Beijing, Measures for Management of Building Materials in Beijing, and Several Provisions for Solving Project Payment Arrears in Beijing, so as to further establish and improve the legal system of Beijing’s construction market.
It is necessary to strengthen the construction of the law enforcement team, solve the problems of the organization, establishment and funds of the law enforcement team, select people with high political quality, legal knowledge, professional knowledge and good quality to join the law enforcement team, strengthen professional training and clean government education for law enforcement personnel, improve rules and regulations, strictly enforce the law procedures, and continuously improve the level of law enforcement.
Ten, standardize government behavior
Relevant government departments and their management institutions should constantly strengthen their own construction, standardize their own behavior, strengthen their sense of responsibility, and administer according to law. At the same time, it is necessary to enhance service awareness, streamline examination and approval items, simplify procedures, open the system of handling affairs, and improve work efficiency. Through the further implementation of "one-stop" service, an open, transparent and efficient administrative mechanism will be established.
It is necessary to fully exercise computer and information network technology, strengthen government supervision means, pay close attention to establishing three databases of enterprise status, professional and technical personnel and project management, and make the basic information, performance and illegal records of enterprises and professional and technical personnel, the implementation of statutory construction procedures for engineering projects, quality and safety accidents, etc. through the network.
