Interim Provisions of Hefei Municipality on Supervision and Administration of Construction Projects

Chapter I General Provisions Article 1 In order to strengthen the supervision of construction projects, ensure the quality of construction projects, and protect the safety of citizens' lives and property, these Provisions are formulated in accordance with the Regulations on the Quality Management of Construction Projects of the State Council and the Measures for the Supervision and Administration of Construction Projects of Anhui Province by the provincial people's government, and in combination with the actual situation of this Municipality. Article 2 Anyone who engages in construction project supervision activities within the administrative area of this Municipality (including three counties, suburbs and development zones) shall abide by these Provisions when conducting supervision and management of construction project supervision activities.

The term "construction project supervision" as mentioned in these Provisions refers to the act that the project supervision unit is entrusted by the construction unit (including the project legal person, the same below) to supervise the construction project according to laws and regulations, relevant technical standards, design documents and construction project contracts, and bear the supervision responsibility according to law. Article 3 Construction project supervision shall follow the principles of law-abiding, honesty, justice and science. Fourth city and county people's government construction management department is responsible for the supervision and management of construction supervision activities within their respective administrative areas. Chapter II General Provisions Article 5 The following construction projects must be subject to construction supervision:

(1) National key construction projects;

(2) Large and medium-sized public utility projects;

(3) Development and construction of residential district projects;

(4) Projects using loans or aid funds from foreign governments or international organizations;

(5) Infrastructure projects;

(six) other projects that the state must supervise.

In addition to the items listed in the preceding paragraph, the construction unit shall entrust the construction supervision for commercial residential projects with a project cost of more than 3 million yuan. Article 6 For a construction project subject to supervision, the construction unit shall select the project supervision unit through bidding and sign a written entrustment contract with the project supervision unit. The entrusted supervision contract shall specify the name of the supervision unit, supervision scope and objectives, supervision authority, performance guarantee and liability for breach of contract. Article 7 The construction unit may entrust a project supervision unit to undertake the supervision work in each stage of design, construction preparation and construction as required, or entrust different project supervision units to undertake the supervision work in stages, but only one project supervision unit can undertake the supervision task in each stage.

Chinese-foreign joint ventures, wholly foreign-owned enterprises or foreign loans, grants and donations entrusted to foreign engineering supervision units shall also employ domestic engineering supervision units for cooperative supervision. Eighth in the construction supervision contract, the construction unit must entrust the project supervision unit to exercise the following rights:

(a) The right to issue supervision instructions such as commencement, shutdown, resumption of work and rework;

(two) the right to review and suggest design documents and construction drawings;

(three) the veto power of engineering construction quality;

(four) the right to sign the progress of the project;

(five) the right to sign and recognize the payment of the project price;

(six) the right to supervise the safety construction and environmental protection;

(seven) the right to replace the person in charge of the construction contractor;

(8) Other rights that should be granted.

After the signing of the construction supervision contract, the construction unit shall promptly notify the construction contractor of the contents of the contract. Ninth the implementation of project supervision qualification examination and approval system. The establishment of engineering supervision units shall obtain corresponding qualification grades in accordance with the relevant provisions of the state.

Engineering supervision units shall undertake supervision business in strict accordance with the qualification grade and business scope. Article 10 The supervision activities of engineering supervision units shall be subject to territorial management. To enter the city to undertake the construction project supervision business, nonlocal and provincial engineering supervision units shall apply to the construction management department of the Municipal People's Government for registration with the qualification certificate to verify the authenticity of the qualification certificate. The department accepting the registration shall issue the registration certificate to the qualified engineering supervision unit within 30 days from the date of receiving the application for registration.

Without the registration of the construction management department of the Municipal People's government, foreign and provincial engineering supervision units shall not undertake engineering supervision business within the administrative area of this Municipality.

Overseas engineering supervision units undertaking construction engineering supervision business in this Municipality shall go through relevant formalities in accordance with the provisions of the state. Eleventh engineering supervision units and construction contractors undertaking supervision business, as well as building materials, building components and equipment suppliers, shall not belong to the same economic entity, and shall not have equity participation, holding or other interests; Otherwise, it shall not undertake the supervision business of construction projects. Twelfth engineering supervision units shall have the following acts:

(a) to undertake engineering construction and equipment installation business;

(two) operating building materials, building components, construction machinery and other equipment related to construction projects;

(three) lending, leasing the qualification of project supervision or allowing others to engage in supervision business in the name of the unit. Thirteenth the implementation of project supervision personnel registration system. Engineering supervision personnel shall hold qualification certificates and obtain post certificates after being registered by relevant departments in accordance with state regulations before engaging in construction project supervision activities.

Engineering supervision personnel can only work in registered units, and may not work in more than two engineering supervision units at the same time.

All kinds of personnel of engineering supervision units shall not hold posts in state organs, and shall not engage in partnership, intermediary sales or other interested activities with suppliers of construction, equipment manufacturing materials and components of the supervised project. Chapter III Project Supervision Article 14 When undertaking a project supervision, a project supervision unit shall set up a supervision institution and establish a supervision responsibility system.

The supervision organization consists of chief supervision engineer, supervision engineer and supervision technician. The list of its members shall be reported to the construction unit for the record, and the replacement of the chief supervision engineer shall be approved by the construction unit.