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Measures for the Administration of Highway Construction Markets

Measures for the Administration of Highway Construction Markets

Chapter I General Provisions

The first is to strengthen the market management of highway construction, regulate the market order of highway construction, ensure the quality of highway construction, and promote the healthy development of the highway construction market. According to the Highway Law of the People's Republic of China, the Law of the People's Republic of China on Tendering and Bidding, and the Quality of Construction Projects Management Regulations, formulated these measures.

Article 2 These Measures apply to the supervision and management activities of highway construction markets by the competent transportation authorities at all levels.

Article 3 The highway construction market follows the principles of fairness, impartiality, openness, and integrity.

Article 4 The state establishes and improves a unified, open, competitive, and orderly highway construction market, and prohibits any form of regional blockade.

Article 5 The meanings of the following terms in these Measures are:

The main body of the highway construction market refers to the units and employees engaged in highway construction.

Employers refer to project legal persons engaged in highway construction, project construction management units, consulting, survey, design, construction, supervision, test and inspection units, social intermediary institutions providing related services, and units that supply equipment and materials.

Employees refer to those engaged in highway construction activities.

Chapter II Management Responsibilities

Article 6 The market management of highway construction is subject to unified management and hierarchical responsibility.

Article 7 The competent transportation department of the State Council is responsible for the supervision and management of the national highway construction market. The main responsibilities are:

(1) Implementing relevant national laws and regulations, and formulating rules and regulations for the management of national highway construction markets;

(2) To organize the formulation and supervision of the implementation of technical standards, specifications and regulations for highway construction;

(3) Implementing road market access management and market dynamic management in accordance with law, and supervising and inspecting the national road construction market in accordance with law;

(4) Establishing a bid evaluation expert database for the highway construction industry and strengthening the management of bid evaluation experts;

(5) Release of national highway construction market information;

(6) To guide and supervise the management of the highway construction market of the provincial competent local people's government transportation department;

(7) Accept reports and complaints in accordance with the law, and investigate and punish illegal acts in the highway construction market in accordance with the law;

(8) Other duties stipulated by laws and administrative regulations.

Article 8 The competent transportation department of the provincial-level people's government is responsible for the supervision and management of the highway construction market within its administrative area. The main duties are:

(1) Carry out the implementation of relevant national laws, regulations, rules and technical standards, norms and rules for highway construction, and formulate specific management systems in accordance with the actual conditions in the administrative area;

(2) Implementing road market access management in accordance with law, and implementing dynamic management, supervision and inspection of road market in the administrative area;

(3) Establishing a database of experts for bid evaluation and evaluation of highway construction in the region, and strengthening the management of evaluation experts;

(4) Disseminating information on the highway construction market in this administrative region, and submitting information on the highway construction market in this administrative region to the competent transportation department of the State Council in accordance with regulations;

(5) To guide and supervise the management of the highway construction market of the lower transportation authorities;

(6) To accept reports and complaints in accordance with the law, and to investigate and punish illegal acts in the highway construction market within its administrative area;

(7) Other duties stipulated by laws, regulations and rules.

Article 9 The competent transportation departments of the local people's governments below the provincial level are responsible for the supervision and management of highway construction markets in their respective administrative areas. The main duties are:

(1) Implementing relevant national laws, regulations, rules and technical standards, specifications and regulations for highway construction;

(2) Cooperate with the competent transportation department of the provincial-level local people's government for market access management and dynamic management of highway construction;

(3) Supervising and inspecting the highway construction market within its administrative area;

(4) Accepting reports and complaints in accordance with law, and investigating and punishing illegal acts in the highway construction market within its administrative area;

(5) Other duties stipulated by laws, regulations and rules.

Chapter III Market Access Management

Article 10 Any unit and employee who meets the market access conditions prescribed by laws and regulations may enter the highway construction market. No unit or individual may implement local protection for the highway construction market, and shall not protect the employment units that meet the market access conditions Discrimination with employees.

Article 11 Highway construction projects implement the legal person responsibility system for projects. The project legal person may manage the highway construction project by itself, or it may entrust a project construction management unit with legal person qualification to conduct project management.

The technical and management capabilities of the organization, main person in charge of the project legal person or the project construction management unit entrusted by the project legal person shall meet the management requirements of the proposed project and meet the requirements of the relevant regulations of the competent department of transportation of the State Council.

Article 12: Toll highway construction project legal persons and project construction management units shall enter the highway construction market to implement a filing system.

After the toll road construction project feasibility study report is approved or approved according to law, the project investment subject shall establish or clarify the project legal person. The project legal person shall report the relevant situation of the project management unit entrusted by it or the project construction management unit entrusted by it to the competent department of transportation for the record according to the affiliation of project management.

For a project legal person or project construction management unit that does not meet the requirements, the competent transportation department shall make a request for rectification.

Article 13 Practitioners such as highway engineering survey, design, construction, supervision, test and inspection shall enter the highway construction market only after obtaining the corresponding qualifications issued by the relevant management departments in accordance with the provisions of laws and regulations.

Article 14 Where laws and regulations stipulate the qualifications of highway construction practitioners, they shall obtain the corresponding qualifications before entering the highway construction market.

Chapter IV Management of Market Subject Behavior

Article 15 Highway construction companies and employees must strictly abide by relevant national laws, regulations and rules in the highway construction market, and strictly implement the requirements of compulsory standards, various technical specifications and regulations of the highway construction industry.

Article 16 The legal person of a highway construction project must strictly implement the capital construction procedures prescribed by the state, and must not violate or simplify the capital construction procedures without authorization.

Article 17 The legal person of a highway construction project shall be responsible for organizing relevant experts or entrusting units with corresponding engineering consulting or design qualifications to review the construction drawing design documents. The main contents of the review of construction drawing design documents include:

(1) Whether to adopt the engineering feasibility study report and preliminary design approval opinions;

(2) Whether it complies with the compulsory standards for highway engineering, relevant technical specifications and regulations;

(3) Whether the construction drawing design documents are complete and whether they meet the required technical depth requirements;

(4) Whether the engineering structure design meets the requirements of safety and stability.

Article 18 The legal person of a highway construction project shall submit the construction drawing design documents to the competent transportation department for approval in accordance with the project management affiliation. The construction drawing design documents shall not be used without approval.

Article 19 To apply for the approval of construction drawing design documents, the following materials shall be submitted to the relevant transportation authorities:

(1) A complete set of documents for construction drawing design;

(2) The review opinions of experts or entrusted review units on the construction drawing design documents;

(3) Other explanatory materials deemed necessary by the project legal person.

Article 20 The competent transportation department shall complete the examination within 20 days from the date of receiving the complete and complete application materials. Those who pass the examination shall be approved for use, and the applicant shall be notified of the license decision in a timely manner. If it fails the examination, it will not be approved for use, and the applicant should be notified in writing and explain the reasons.

Article 21 The legal person of a highway construction project shall, in accordance with the principles of openness, fairness and impartiality, organize the bidding and bidding of highway construction projects in accordance with the law. No bidding can be circumvented, no discriminatory policy can be imposed on potential bidders and bidders, and local protection and black box operations must not be implemented.

Article 22 The survey, design, construction, and supervision units and equipment and material supply units of highway projects shall submit bids in accordance with law, shall not falsify or collude in bidding, and shall not obtain winning bids by illegal means such as bribery.

Article 23 A legal person and a successful bidder of a highway construction project shall sign a contract in accordance with the bidding documents and bidding documents, and shall not attach unreasonable and unfair clauses or sign false contracts.

For state-invested highway construction projects, the project legal person and the construction and supervision unit shall sign a clean government contract in accordance with the provisions of the State Council ’s department in charge of transportation.

Article 24 A highway construction project implements a construction permit system according to law. Construction permits for key highway construction projects determined by the State and the State Council ’s transportation authority are implemented by the State Council ’s transportation authority. Construction permits for other highway construction projects are implemented by the transportation authority of the local people ’s government at or above the county level in accordance with project management authority.

Article 25 The project construction shall meet the following conditions:

(1) the project has been included in the annual plan for highway construction;

(2) The construction drawing design documents have been completed and approved after approval;

(3) The construction funds have been implemented and audited by the competent transportation department;

(4) Land acquisition procedures have been completed and the demolition is basically completed;

(5) The construction and supervision units have been determined according to law;

(6) Quality supervision procedures have been completed and measures to ensure quality and safety have been implemented.

Article 26 When applying for a construction permit, the project legal person shall submit the following materials to the relevant transportation authority:

(1) approval of construction drawing design documents;

(2) Audit opinions of the competent transportation department on the implementation of construction funds;

(3) Approval of the land and resources department on land acquisition or control land;

(4) List of construction units and supervision units and contract price of each contract section of the construction project;

(5) Prequalification report, bidding documents and bid evaluation report that should be filed;

(6) Materials for quality supervision formalities that have been handled;

(7) Materials to ensure project quality and safety measures.

Article 27 The competent transportation department shall make an administrative license decision within 20 days from the date of receipt of the complete and complete application materials. If permission is granted, the applicant shall be notified of the decision in time; if it is not permitted, the applicant shall be notified in writing and the reasons shall be explained.

Article 28 The units engaged in highway construction shall fully perform their obligations in accordance with the contract:

(1) The project legal person shall perform the corresponding duties in accordance with the contract and create good conditions for project implementation;

(2) The survey and design unit shall provide survey and design materials and design documents on schedule in accordance with the contract. During the implementation of the project, design representatives shall be stationed in accordance with the contract to provide follow-up services for the design;

(3) The construction unit shall organize the construction in accordance with the contract, and the management and technical personnel and construction equipment shall be in place in time to meet the needs of the project. It is necessary to organize production in a balanced manner, strengthen on-site management, ensure project quality and progress, and achieve civilized construction and safe production;

(4) The supervision unit shall allocate personnel and equipment in accordance with the contract, establish a corresponding on-site supervision organization, improve the supervision management system, maintain the stability of the supervision personnel, and ensure effective supervision of the project;

(5) Equipment and material supply units shall ensure the quality and time of supply and do good after-sales service in accordance with the contract;

(6) The test and inspection unit shall conduct sampling, test and inspection in accordance with the test regulations and contract agreement, and provide true and complete test and inspection data.

Article 29 The highway engineering implements a quality assurance system of government supervision, legal person management, social supervision, and enterprise self-inspection. The competent transportation department and its quality supervision agency are responsible for the quality of the project, the legal person of the project is responsible for the quality of the project, the survey and design unit is responsible for the quality of the survey and design, the construction unit is responsible for the quality of the construction, and the supervision unit is responsible for the quality of the site management Responsibility. The test and inspection unit is responsible for the results of the test. Other units and employees are responsible for the quality of their products or services in accordance with relevant regulations.

Article 30 When supervising and inspecting engineering construction projects by competent transportation authorities at all levels and their affiliated quality supervision agencies, highway construction entities and employees shall cooperate actively and shall not refuse or obstruct them.

Article 31 Practitioners and employees of highway construction shall strictly implement national laws, regulations, national standards and industry standards related to safe production, establish and improve various rules and regulations on safe production, clarify safety responsibilities, implement safety measures, and perform safety Management responsibilities.

Article 32 After an engineering quality or safety accident occurs, the employer shall promptly report to the relevant competent authority in accordance with relevant regulations, and shall not delay or conceal it.

Article 33 The legal person of a highway construction project shall reasonably determine the construction period and organize the project construction strictly in accordance with the contract period. The project legal person shall not arbitrarily request to change the contract duration. If it is really necessary to shorten the contract period in special circumstances, the contract period can be shortened through mutual agreement between the two parties to the contract, but measures should be taken to ensure the quality of the project and provide economic compensation in accordance with the contract.

Article 34 The legal person of a highway construction project shall manage and use the highway construction funds in accordance with the relevant state regulations, so that the special funds are used exclusively and stored by special accounts; the project funds shall be paid in a timely manner in accordance with the progress of the project; . No arrears in project funds, land acquisition and demolition funds, and no misappropriation of construction funds.

The construction unit shall strengthen the management of the project funds, so that the special funds are used exclusively, and the project funds and wages of migrant workers shall not be owed to the subcontractors. When the project legal person supervises and inspects the use of the project funds, the construction unit shall actively cooperate without obstruction or rejection.

Article 35 Units and employees engaged in highway construction shall strictly implement national and local regulations on environmental protection and land management, and take effective measures to protect the environment and save land.

Article 36 The legal person, supervision unit and construction unit of a highway construction project shall promptly submit opinions on design changes to the problems existing in the survey and design, and perform the examination and approval procedures in accordance with the law. The design changes shall comply with the technical standards and design specifications formulated by the state.

No unit or individual may misreport the project volume or increase the unit price by design changes.

The design change of a major project shall be reported to the original preliminary design approval department for approval in accordance with relevant regulations.

Article 37 With the approval of the project legal person, the survey and design unit may entrust the survey and design work in the field of engineering design with special requirements or special requirements to units with corresponding qualifications, but may not subcontract or re-subcontract.

Supervision work is not subcontracted or subcontracted.

Article 38 The construction unit may subcontract non-critical projects or branch projects suitable for the construction of specialized teams to units with corresponding qualifications, and shall bear joint responsibility for the subcontracted projects. The scope of the subcontracted projects shall be stipulated in the bidding documents, and the subcontracted projects shall not exceed 30% of the total project volume. Subcontracted projects may not be subcontracted again, and subcontracting is strictly prohibited.

No unit or individual may designate subcontracting, designated procurement or division of projects in violation of regulations.

The project legal person and the supervision unit shall strengthen the management of the engineering subcontracting of the construction unit. The project subcontracting plan and all subcontracting agreements shall be reported to the supervision engineer for review and submitted to the project legal person for approval.

Article 39 The construction unit may directly recruit migrant workers or subcontract labor services to labor subcontractors with qualifications for labor subcontracting. When a construction unit recruits migrant workers, it shall sign a labor contract according to law, and report the labor contract to the project supervision engineer and project legal person for the record.

The construction unit and the labor subcontractor shall pay labor wages on time in accordance with the contract, implement various labor protection measures, and ensure the safety of migrant workers.

The labor subcontractor shall accept the management of the construction unit and carry out labor operations in accordance with the technical specifications. The labor subcontractor shall not subcontract its subcontracted labor operations.

Article 40 The project legal person and the supervision unit shall strengthen the management of the use of migrant workers by the construction unit, and shall correct those who do not sign labor contracts, illegally use migrant workers, or delay and deduct the wages of migrant workers. If it refuses to rectify, the project legal person shall report the relevant situation to the competent transportation department for investigation and processing in a timely manner.

Article 41 The project legal person shall promptly organize the project delivery inspection and acceptance in accordance with the provisions of the “Measures for the Acceptance and Acceptance of Highway Engineering Completions” of the Ministry of Communications, and report to the competent transportation department for completion inspection and acceptance.

Chapter V Dynamic Management

Article 42 The competent transportation departments at all levels shall strengthen the dynamic management of the market behavior of the units and employees of highway construction. A report and complaint system should be established to investigate and deal with illegal acts and deal with relevant responsible units and responsible persons according to law.

Article 43 The competent transportation department of the State Council and the competent local transportation department of the local people's government at the provincial level shall establish a credit management system for the highway construction market, and engage in bidding activities, sign contracts and perform contracts for employees and major employees entering the highway construction market. The credit situation in China is recorded and announced to the society.

Article 44 Employers such as highway engineering survey, design, construction, and supervision shall, in accordance with the affiliation of project management, provide the competent transportation department with basic information about their units, their tasks and other dynamic information, and provide information on the information provided. Responsibility for authenticity, accuracy and completeness. The project legal person shall report the performance of other entities in the construction project to the competent department of transportation in accordance with the affiliation of the project management, which shall be recorded in the credit record of the entity after verification by the competent department of transportation.

Article 45 The credit records of the employed units and the main employees shall serve as an important basis for the review and evaluation of bidding qualifications for highway construction projects.

Chapter VI Legal Liability

Article 46 The penalties imposed on highway construction companies and employees for violating the provisions of these Measures shall be governed by the relevant national laws, regulations and the regulations of the Ministry of Communications. If there are no regulations, the competent transportation department shall Duties shall be punished in accordance with the provisions of these Measures.

Article 47 If a project legal person violates the provisions of these Measures and implements local protection or discriminatory treatment of highway construction units and employees, the competent transportation department shall order correction.

Article 48 When an employment unit violates the provisions of these Measures, when applying for a highway construction business license, concealing relevant information or providing false materials, the administrative organ will not accept or give an administrative license and give a warning; You cannot apply for the administrative license again during the year.

Where a licensee obtains an employment license by improper means such as deception or bribery, the administrative organ shall impose administrative penalties in accordance with laws and regulations; the applicant shall not apply for the administrative license again within 3 years; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.

Article 49 If bidders collude with each other or co-bid with bidders, if a bidder wins a bid by bribing the bidder or a member of the bid evaluation committee, the bid is invalid, and the amount of the winning bid is 5 ‰ to 10 ‰ Fines: The person in charge directly responsible for the unit and other directly responsible persons shall impose a fine of 5% to 10% of the unit; if there is illegal income, the illegal income shall be confiscated; if the circumstances are serious, their participation within 1 to 2 years shall be cancelled The bidding qualifications of the projects that must be tendered according to law shall be announced and announced; if a crime is constituted, criminal liability shall be investigated in accordance with the law. Whoever causes losses to others shall be liable for compensation in accordance with the law.

Article 50 If a bidder bids in the name of another person or falsifies in another way, fraudulently wins the bid, the bid is invalid, and the tenderer shall be liable for compensation according to law; if it constitutes a crime, criminal liability shall be investigated according to law.

If the bidder of a project that is required to conduct bidding according to law does not constitute a crime, he or she shall be fined from 5 ‰ to 10 ‰, and the person in charge directly responsible for the unit and other persons who are directly responsible shall be fined 5 A fine of not less than 10% and not more than 10%; those who have illegal income shall be confiscated illegally; if the circumstances are serious, their qualification for bidding for projects that must participate in bidding according to law within one to three years shall be cancelled and announced.

Article 51 If a project legal person violates the provisions of these Measures and defaults on the construction and land requisition and relocation funds, the department in charge of transportation shall order it to make corrections, and the relevant department shall impose administrative sanctions on the persons responsible.

Article 52 Except where the contract cannot be performed due to force majeure, the successful bidder fails to perform the construction quality, construction period, and other obligations in accordance with the contract with the tenderer, causing major or very large quality and safety accidents, or causing delays in the construction period. 2 Eligibility for bidding for projects that must be tendered in accordance with the law within five to five years shall be announced.

Article 53 If a construction unit commits the following violations of laws and regulations, the competent transportation department shall order corrections, and the relevant department shall impose administrative sanctions on the persons responsible.

(1) In arrears with the subcontractor's project funds and wages of migrant workers in violation of the provisions of these Measures;

(2) Violating the provisions of these Measures, causing damage to the ecological environment and unlawful occupation of land;

(3) Fraudulent in changing the design in violation of the provisions of these Measures;

(4) Failure to sign labor contracts in accordance with the provisions of these Measures.

Article 54 In violation of the provisions of these Measures, the contracting unit subcontracts or illegally subcontracts the contracted project, shall be ordered to make corrections, confiscate the illegal income, and the survey and design units shall impose more than 25% and 50% of the survey and design fees agreed in the contract. The following fines; fines for the contract price of the construction unit from 5 ‰ to 10 ‰; may be ordered to suspend business for rectification and lower the qualification level; if the circumstances are serious, the qualification certificate shall be revoked.

If an engineering supervision unit transfers engineering supervision business, it shall be ordered to make corrections, confiscate the illegal gains, and be fined from 25% to 50% of the supervisor's remuneration as agreed in the contract; it may be ordered to suspend business for rectification and lower the qualification level; if the circumstances are serious, the qualification certificate shall be revoked.

Article 55. In violation of the provisions of these Measures, a highway construction unit shall falsify and report fraudulent market information to the competent transportation department, and the competent transportation department shall order correction.

Article 56 If the staff of the competent transportation authorities at all levels and the quality supervision agencies to which they belong violate the provisions of these Measures and engage in malpractices, abuse of power, or neglect of duties in the construction market management, they shall be dealt with in accordance with relevant state regulations. If a crime is constituted, the judicial department shall investigate the criminal responsibility according to law.

Chapter VII Supplementary Provisions

Article 57 The interpretation of these measures is the responsibility of the Ministry of Communications.

Article 58 These Measures shall be implemented as of March 1, 2005. The "Administrative Measures for Highway Construction Markets" promulgated by the Ministry of Communications on July 11, 1996 was repealed at the same time.
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