Notice of Foshan Housing and Urban-Rural Development Bureau on Printing and Distributing the Measures for Integrity Management in Construction Industry (Revised Edition 2022)

Notice of Foshan Housing and Urban-Rural Development Bureau on Printing and Distributing the Measures for Integrity Management in Construction Industry (Revised Edition 2022)

Municipal Government Affairs Service Data Management Bureau, Municipal Public Resource Trading Center, District Housing and Urban-Rural Construction Water Conservancy Bureau, District Public Resource Trading Center, various bureaus and institutions, and all relevant units and enterprises:

"Foshan Housing and Urban-Rural Development Bureau's Integrity Management Measures for the Construction Industry (Revised Edition 2022)" has passed the examination of the Municipal Bureau of Justice, and obtained the unified registration and numbering of normative documents, which are hereby printed and distributed to you, please implement them carefully. Problems encountered in the implementation, please report to the Municipal Housing and Urban-Rural Development Bureau.

Foshan housing and urban construction bureau

June 27(th), 2022

Foshan Housing and Urban-Rural Development Bureau Construction Industry

Measures for Integrity Management (Revised Edition, 2022)

Chapter I General Principles

Article 1 In order to further standardize the order of the construction market, improve the credit system of the construction industry, and promote the healthy and orderly development of the construction market, according to the Construction Law of People's Republic of China (PRC), the Opinions of the Central Committee of the State Council on Accelerating the Construction of a National Unified Market, the Guiding Opinions of the General Office of the State Council on Further Perfecting the Binding System of Dishonesty and Building a Long-term Mechanism for Credit Construction (Guo Ban Fa [2020] No.49) and the Measures for the Management of Credit Behavior Information in the Construction Market (Jianshi [2007])

Article 2 The following construction enterprises (hereinafter referred to as enterprises) engaged in construction activities within the administrative area of Foshan City and their employees shall be included in the scope of credit management:

Construction enterprises (divided into construction and labor services), engineering supervision enterprises, engineering survey and design enterprises, engineering bidding agencies, engineering cost consulting enterprises, construction drawing review institutions, designated production and installation enterprises of civil air defense engineering protective equipment, civil air defense engineering protective equipment testing institutions, fire control facilities testing institutions, deep foundation pit third-party monitoring enterprises, ready-mixed concrete (mortar) production enterprises, construction engineering quality testing institutions, and construction hoisting machinery and equipment safety testing institutions.

Article 3 The construction credit registration management system shall be implemented within the administrative area of Foshan City, and the construction credit management shall be incorporated into the construction of social credit system to realize information sharing.

Article 4 The municipal and district administrative departments of housing and urban and rural construction shall, according to their management authority, carry out daily registration, supervision and management of the market behaviors and credit information of enterprises within their jurisdiction.

Chapter II Handling, Alteration and Cancellation of Good Faith Registration

Article 5 All enterprises that are included in the credit management scope of Foshan City shall register information and submit relevant materials in the management platform of Foshan Building Credit Evaluation System (hereinafter referred to as the credit management platform) as required, and handle credit registration.

If the same enterprise has multiple business qualifications, such as undertaking survey and design, construction and supervision, it needs to register in good faith separately. Enterprises in the city apply to the district-level administrative department of housing and urban-rural construction where the enterprise is registered, and enterprises outside the city apply for registration in good faith to the administrative department of housing and urban-rural construction in the city. Configure relevant requirements according to appendix 1.

Article 6 Enterprises outside Foshan are encouraged to set up offices in this city. Those who meet the requirements can be given credit points according to the enterprise bonus standard (Annex 2). Among them, the self-owned property provides real estate ownership certificate or real estate license (if the property has been purchased but the relevant property ownership certificate has not been obtained, the purchase contract for the record is provided), and the lease contract is provided for the house with the lease term of 1 year or above (the planned use of the self-owned or leased office space must be commercial complex, office building, office building or shop, non-residential type, and the office space must be relatively independent). Construction engineering quality inspection institutions outside the city and construction hoisting machinery and equipment safety inspection institutions shall have the conditions to carry out inspection work in our city, and carry out relevant inspection work according to law.

If an enterprise changes its office address in Foshan, it needs to go through the change formalities at the credit information management platform within 10 working days. If the change procedures are not handled, the address registered on the integrity management platform shall prevail.

Article 7 All materials submitted by an enterprise must be true, accurate, complete and effective. If the information is complete and the input information is complete, the administrative department of housing and urban and rural construction shall complete the audit within 10 working days from the date of acceptance.

The administrative departments of housing and urban and rural construction at the municipal and district levels will inspect the standardized operation of enterprises in Foshan according to law.

Article 8 Credit registration information shall be stored in the credit management platform in the form of electronic version. The daily management of credit registration information is the responsibility of the administrative departments of housing and urban construction at all levels in accordance with the management authority.

Ninth enterprises and personnel information changes shall be handled by enterprises logging on the integrity management platform, and the information shall be true and effective. New employees must undergo pre-job training before they can go through the formalities of change registration.

Article 10 When an enterprise withdraws from the Foshan construction market, it shall file an application on the integrity management platform, submit relevant materials, and go through the formalities of cancellation of integrity. Among them, the enterprises in the city are examined and confirmed by the municipal administrative department of housing and urban and rural construction with districts, and the enterprises outside the city are examined and confirmed by the municipal administrative department of housing and urban and rural construction.

Chapter III Administration of the Use of Honesty Registration

Article 11 The employer or general contractor shall inquire about the basic information and integrity records of relevant enterprises through the integrity management platform when contracting or subcontracting projects according to law. When enterprises participate in project bidding, the tenderee inquires the basic information and credit records of relevant enterprises through the credit management platform.

Encourage the contracting or subcontracting of projects to enterprises with qualified credit rating or above.

When the project is applied for construction, the administrative department of housing and urban-rural construction where the project is located shall query the integrity information of the participating units and relevant responsible persons through the integrity management platform, and implement the main responsibility of the participating units and relevant responsible persons. In the process of project construction, the administrative department of housing and urban and rural construction where the project is located shall record the quality and safety behaviors of the project-related contractors on the credit management platform in time, and urge enterprises to strengthen the management of the construction site to ensure the quality and safety of the project.

Twelfth enterprises to participate in project bidding, project management and other construction activities of all kinds of registered personnel and all kinds of managers, full-time security officers and other related personnel, must choose registered personnel in the integrity management platform.

For the project that must be tendered, the builder and chief supervision engineer in charge of the project will be locked in the integrity management platform by the public resource trading center after winning the bid; For directly contracted projects, the construction engineer and chief supervision engineer in charge of the project shall be locked by the administrative department of housing and urban and rural construction that issued the construction permit when applying for construction.

If the construction engineer and chief supervision engineer meet one of the following conditions, they may apply to the administrative department of housing and urban and rural construction where the project is located for unlocking:

(a) the relevant information is uploaded after the project is completed and accepted, and can be unlocked after approval;

(two) the relevant projects supervised by other administrative departments fail to submit the completion acceptance record form, the project completion acceptance report or acceptance materials, and the opinions of the direct supervision department to affix the official seal;

(three) the project is suspended for some reason, and the construction or supervision unit submits a written application and goes through the formalities for suspension of construction safety supervision;

(four) for the subcontract works, after the actual completion and acceptance, the subcontractor shall submit a written application, which shall be confirmed by the general contractor and the supervision unit;

(five) the project has been actually completed, and the completion acceptance and completion record have not been handled due to the reasons of the construction unit, and the construction or supervision unit has submitted a written application, which has been confirmed by the construction unit or the quality and safety supervision institution;

(six) the construction unit shall go through the formalities for the change of the person in charge of the project of the construction or supervision unit according to law.

Thirteenth in the administrative area of Foshan City, enterprises in the daily management, quality and safety management and other aspects of recognition and reward, you can apply for credit. Among them, the district-level commendation applies to the district-level housing and urban-rural construction administrative department, and the municipal-level commendation and industry awards apply to the municipal-level housing and urban-rural construction administrative department. If there are bad behaviors and irregular behaviors in the enterprise, the enterprise shall be deducted for integrity according to the corresponding deduction standard. If the district-level administrative department verifies the punishment, the district-level housing and urban-rural construction administrative department will handle the credit deduction, and if the municipal administrative department verifies the punishment, the municipal housing and urban-rural construction administrative department will handle the credit deduction.

Enterprises pay taxes according to law, declare the completion of the output value of the construction industry according to law, pay social security for employees according to law, and consciously standardize the setting of office buildings. The administrative departments of housing and urban-rural construction in each district are responsible for the examination and registration, and the administrative departments of housing and urban-rural construction in the city supervise and inspect the examination of bonus projects in each district.

The validity period of credit plus points and deduction points is set. Upon expiration of the validity period, the original credit bonus and deduction will automatically become invalid.

Article 14 If an enterprise undertakes an engineering project or a foreign aid construction project with municipal financial funds within the administrative area of Foshan City, and obtains relevant awards or is praised by notice, it will obtain credit points according to the enterprise award standard (Annex 2) with the documents or certificates obtained, and at the same time, it will receive accumulated bonus points for municipal, provincial and national awards. Enterprises in this Municipality who undertake or participate in construction projects outside the city and win the Luban Award shall be granted credit according to the enterprise bonus standard (Annex 2).

Article 15 An enterprise shall submit the Commitment Letter of Enterprise Integrity Management on the platform of integrity management every year (Annex 7) and truthfully fill in the Enterprise Management Information Form (Annex 8) every quarter. After undertaking the project, the online contract signing procedures shall be handled through Foshan Engineering Contract and Cost Management Service Information Platform in time. After inspection by the district-level housing and urban-rural construction administrative department where the project is located, the relevant project information in the contract will be pushed to the integrity management platform.

Article 16 An enterprise shall establish a staff training and attendance system. Participants in the training include business leaders, technical leaders, persons in charge of production safety, quality and safety liaison officers, project managers, etc. The training content is mainly the national, provincial and municipal laws, regulations and documents related to the management of the construction industry. The administrative departments of housing and urban construction at all levels should supervise and inspect the implementation of the attendance system for enterprise personnel. The integrity management platform pushes the spirit of important documents such as national, provincial and municipal safety production, quality and epidemic prevention and control, and enterprises should organize personnel to give lectures and training in time.

Article 17 The administrative departments of housing and urban-rural construction at all levels shall deduct points for bad behaviors and violations of enterprises in accordance with the Deduction Criteria for Various Enterprises (Annex 3) through daily supervision and inspection, dynamic verification, special inspection and complaints from the masses.

The bad behavior and illegal behavior of the enterprise are determined according to the following legal documents or related documents, and the time for determining the deduction is subject to the date of issuance of relevant documents:

(a) the people's court has entered into force the judgment, ruling or arbitral award;

(two) the effective administrative punishment decision;

(three) the notice or notification document made by the administrative department of housing and urban construction;

(four) the documents exposed by the news media, verified by the relevant functional departments or institutions, and make a decision;

(5) Other relevant documents.

Eighteenth the establishment of various types of registered practitioners and related management personnel integrity evaluation mechanism. Formulate corresponding credit plus standard (Annex 4) and deduction standard (Annex 5).

The initial credit score of registered personnel and related personnel is 100.

Nineteenth enterprises and individuals behavior scoring standards by the municipal administrative department of housing and urban and rural construction in accordance with the relevant national, provincial and municipal industry regulations formulated and published, revised in a timely manner, and promptly announced to the public.

Article 20 After the administrative departments of housing and urban-rural construction at all levels identify the bad behaviors and irregularities of enterprises and individuals, they should log in to the credit management platform to enter the withholding information within 10 working days, and notify the withholding object in time through the credit management platform.

If an enterprise (individual) has any objection to the withholding and inclusion of the unqualified enterprise (individual) in good faith, it can appeal to the administrative department of housing and urban-rural construction that has made the decision through the good faith management platform, and the time limit for appeal is within 5 working days from the date when it knows or should know the above situation.

After accepting the complaint, the administrative department of housing and urban and rural construction shall conduct a review within 10 working days, and reply to the complainant through the integrity management platform to inform the review result.

Chapter IV Comprehensive Evaluation

Twenty-first enterprises that have been registered in good faith shall be comprehensively evaluated by the municipal administrative department of housing and urban and rural construction through the platform of good faith management.

Twenty-second comprehensive evaluation of integrity is based on the dynamic score of enterprise integrity. The benchmark score of an enterprise registered in good faith for the first time is 100, and the benchmark score of an enterprise cancelled after registering in good faith again is the score before cancellation, and a dynamic evaluation system is implemented for comprehensive evaluation. The integrity management platform automatically evaluates the integrity level of enterprises according to the dynamic score of enterprise integrity.

Article 23 The integrity of an enterprise is divided into five grades: A, B, C, D and E, which are determined according to the comprehensive evaluation standard of enterprise integrity (Annex 6).

Chapter V Supervision and Administration

Twenty-fourth administrative departments of housing and urban construction at all levels shall implement differentiated supervision and management according to the credit rating of enterprises:

(1) A-level honest enterprises are excellent honest enterprises, and the incentive mechanism is implemented to reduce the frequency of daily supervision and inspection, and the evaluation is given priority. Government, collective economic organizations or state-owned and collective capital investment in the holding or leading position of the project bidding, encourage priority to choose honest A-level enterprises;

If the construction and supervision units are excellent enterprises in good faith at the same time, they can handle related matters through the notification commitment system at the stage of applying for construction permit;

(two) the integrity of B-level enterprises to reduce the frequency of their daily supervision and inspection;

(3) Integrity C-level enterprises implement normalized supervision and management;

(4) District-level housing and urban and rural construction administrative departments should strengthen daily supervision and inspection as key supervision objects;

(five) the integrity of E-class enterprises are unqualified enterprises. As the key supervision object, the administrative departments of housing and urban construction at all levels should intensify their daily supervision and inspection.

Twenty-fifth city housing and urban construction administrative departments responsible for the supervision and guidance of the city's construction industry association. Anyone suspected of fraud, illegal operation and irregular, opaque, unfair and unjust evaluation process will be notified by the whole city once verified, and relevant awards will not be recognized, and relevant awards will be revoked for extra points. At the same time, it will be ordered to rectify according to the situation and cancel the qualification of relevant associations.

Twenty-sixth enterprises in any of the following circumstances, shall not be rated as A level, and shall be subject to the processing documents of the administrative departments of housing and urban construction at all levels:

(1) General quality and safety accidents occur in the project, with a period of 6 ~ 12 months;

(two) the same project within 3 months (from the 65438th +0 points) accumulated credit score of more than 50 points, the term is 3 ~ 6 months;

(three) in violation of the commitment to inform the administrative examination and approval matters, the period is 3 to 6 months;

(four) by the administrative departments of housing and urban construction at all levels of administrative punishment, the period is 3 ~ 12 months;

(five) other bad or irregular behavior caused by adverse effects, the period is 3 to 6 months;

The above situation belongs to the cumulative results of this Municipality and is implemented by the municipal administrative department of housing and urban-rural construction. Other circumstances that should be decided or recognized by the administrative department of housing and urban and rural construction.

Twenty-seventh enterprises in any of the following circumstances, the credit rating is directly assessed as unqualified enterprises, and the documents handled by the administrative departments of housing and urban construction at all levels shall prevail:

(1) If the comprehensive evaluation of integrity is Grade E, the term is 6 months;

(2) The time limit is 6-24 months, major and above engineering quality and safety accidents occur, and two or more general engineering quality and safety accidents occur within 1 year, resulting in death;

(3) Being subject to administrative punishment for colluding in bidding, winning the bid by fraud, illegal subcontracting, subcontracting, lending qualifications, etc., with a term of 12 ~ 24 months;

(4) If the court or arbitration institution decides that the general contractor of construction is in arrears with the project payment of subcontractors or the payment of materials suppliers, and refuses to perform the obligations specified in the effective legal documents, the period is 12 ~ 24 months;

(5) Refusing to implement the rectification requirements of the administrative department of housing and urban-rural construction on the problem of arrears and deduction of wages of migrant workers, maliciously defaulting on wages of migrant workers, or being recognized as an administrative violation of wages of migrant workers by the administrative department of human resources and social security, the time limit is 12 ~ 24 months;

(6) Failing to implement the real-name registration system for labor and employment and the separate accounting management system for wages according to regulations, refusing to implement it after being ordered to make rectification, or failing to meet the standards after rectification, the term is 6 ~ 12 months;

(seven) using false materials or other deceptive means to obtain enterprise qualification, the time limit is 12 months;

(eight) in violation of the promise of administrative examination and approval, the time limit is 6 ~ 12 months;

(9) Within the scope of 1 year in this city, he has been ordered to stop work for rectification for more than 3 times in the whole or ordered to rectify for more than 5 times in part (counting from the time when 1 stop work rectification notice is issued), and the period is 3 to 6 months;

(ten) refused to cooperate with the administrative departments of housing and urban and rural construction at all levels of law enforcement investigation, or refused to implement the rectification notice issued, the period is 3 ~ 12 months;

(eleven) other adverse social impact, the term is 6 ~ 12 months.

The above circumstances need discretion, decided by the municipal or district housing and urban and rural construction administrative departments. Enterprises with unqualified integrity (except those listed as E-level enterprises by comprehensive evaluation of integrity) take effective measures to actively rectify, and if they perform well, the enterprises shall apply to the corresponding administrative departments of housing and urban and rural construction, and may terminate early after being approved by the municipal administrative departments of housing and urban and rural construction.

Enterprises listed as unqualified in integrity will be automatically downgraded to E level during this period. It is suggested that the tenderee or the owner carefully choose the enterprise with unqualified integrity.

If the bad behavior of an enterprise with unqualified integrity is recorded in the credit China (Foshan, Guangdong), it can go through the credit repair procedures in accordance with the relevant provisions of the credit repair guidelines of Foshan public credit information management system.

Twenty-eighth enterprises in any of the following circumstances, by the administrative departments of housing and urban construction at all levels according to the management authority in the integrity management platform to lock it:

(a) was sentenced to suspend business for rectification;

(two) the qualification certificate or the "safety production license" has been temporarily suspended, revoked or invalidated according to law;

(3) Failing to log in and use the integrity management platform for more than two consecutive years;

(four) the integrity of the comprehensive evaluation of the integrity of the enterprise.

Before the enterprise locks in, the projects that have won the bid, signed the contract and are under construction can continue to be implemented, and the follow-up procedures such as construction application and acceptance can be handled normally; During the lock-up period, if the enterprise takes active measures to seriously rectify and eliminate the influence and performs well, the enterprise shall apply to the corresponding administrative department of housing and urban-rural construction, and can unlock it in advance after being approved by the municipal administrative department of housing and urban-rural construction.

Twenty-ninth registered practitioners and other management personnel are classified as unqualified individuals in any of the following circumstances, and the documents handled by the administrative departments of housing and urban construction at all levels shall prevail:

(a) registered practitioners and other management personnel integrity dynamic score below 60 points, for a period of 6 months;

(2) After inspection, he has not actually participated in project management for more than three times, with a term of 6 ~ 12 months;

(3) The project leader's accidents related to production safety are above average, and the period is 12 months;

(four) the responsibility of the project due to arrears or deduction of wages and other reasons caused by group petitions, resulting in adverse effects, the period is 12 months;

(5) Being suspended from practice by the administrative department of housing and urban-rural construction at a higher level for a period of 12 months;

(six) by the administrative departments of housing and urban construction at all levels of administrative punishment, the period of 6 ~ 12 months;

(seven) individuals have caused adverse social impact or other illegal acts, the period is 12 months.

Individuals who are classified as unqualified in good faith shall be restricted in market access within the administrative area of our city, which shall be specified by the tenderer or the employer in the tender documents. During the period, the project or related business listed as unqualified individuals shall be responsible, and the unit to which it belongs shall adjust other relevant personnel.

Thirtieth administrative departments of housing and urban construction at all levels shall, in accordance with the relevant provisions of these measures, implement the responsibility to individuals. Those responsible for dereliction of duty, malpractice and abuse of power shall be investigated for administrative responsibility according to law. If the circumstances are serious and suspected of violating the law, the relevant legal responsibilities shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 31 Where quantity is involved in these Measures, "above" and "below" all include this number.

Article 32 These Measures shall be interpreted by Foshan Housing and Urban-Rural Development Bureau.

Article 33 These Measures shall come into force as of June 65438+1 October1day, 2023, and shall be valid for 5 years. The original Measures of Foshan Housing and Urban-Rural Development Bureau for Integrity Management in Construction Industry (Fojianguan [2017] No.53) shall be abolished at the same time as of the date of implementation.

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