The full text of Sichuan Provincial Architectural Management Regulations

The full text of the Sichuan Provincial Architectural Management Regulations
Sichuan Provincial Architectural Management Regulations, the 23rd meeting of the Standing Committee of the Sichuan Provincial Congress on October 14, 1996, approved by the Standing Committee of the Sichuan Provincial Congress. On October 14, 1996 The announcement of the Standing Committee of the Conference announced No. 66. The following is the full text of the regulations. Welcome to read!
The first chapter of the general rule

is to maintain the legitimate rights and interests of the parties to the construction activities, regulate the order of the construction market market , Ensure the quality of construction projects, improve the investment efficiency of construction projects, and promote the healthy development of the construction industry. In accordance with relevant national laws and regulations, these regulations are formulated in accordance with the actual situation of Sichuan.
The parties to construction activities in the administrative area of ​​Sichuan Province must abide by these regulations.
3 The construction activities referred to in these regulations refer to the construction, expansion, and reconstruction of construction projects (including civil construction engineering, lines, pipelines and equipment installation projects, building decoration projects, etc.) , Engineering contracting, engineering contracting, intermediary services, architectural accessories, commercial concrete production and other related behaviors.
4 The government construction administrative department is responsible for the unified supervision and management of the province's construction activities.
The city, state, county (city) governments, regional administrative officer construction administrative departments are responsible for the unified supervision and management of construction activities within the jurisdiction.
The departments such as water conservancy, transportation, power, etc. In accordance with laws, regulations, and government responsibilities, assist
The construction administrative departments at the same level are responsible for the supervision and management of the construction activities of this professional.
It parties engaged in construction activities must abide by national laws and regulations, and prohibit division, blockade, and monopoly building markets. Adhering to the principles of openness, fairness, and justice shall not harm national interests, social public interests, and legitimate rights and interests of others.
The staff of the administrative department of construction shall conscientiously perform their duties, fair, honest, and impartial enforcement, shall not participate in activities that have an impact on the implementation of official duties in fair implementation, and shall not charge fees in violation of regulations.
The staff of state organs shall not violate the regulations to use their powers, participate in construction activities, and seek private interest.
It 6 Encourage the research of architectural science and technology, support the development and adopt construction new technologies, new processes, new equipment, new materials and modern management methods to promote construction technology progress.
The parties who have achieved remarkable results in the research of construction activities and construction science and technology shall commend and reward by governments at or above the county (including regional administrative agencies, the same below) or relevant administrative departments.
Chapter 2 Qualification Management and License System
Article 7 The administrative department of government construction at or above the county, a unified qualification management of the parties engaged in construction activities.
8 Enterprises and institutions engaged in construction activities below apply for qualification levels to government construction administrative departments at or above the county or above. Registration of the competent administrative department of industry and commerce, applying for business licenses:
(1) Construction engineering survey and design units;
(2) construction enterprises (including civil construction engineering, lines, pipelines and equipment installations, construction decoration, construction decoration Decoration, construction accessories, commodity concrete production and other enterprises);
(3) construction engineering supervision, construction engineering agency, construction engineering cost consulting and other institutions.
construction projects with an investment of more than 1 million yuan or a construction area of ​​more than 1,000 square meters shall be invested in construction projects. The construction unit shall apply to the administrative department of government construction at or above the county or the department entrusted to apply for the construction project management qualification procedures to receive construction Project management qualification certificate. Those who have not obtained the management qualification certificate of the construction project must be entrusted to the management of the construction project with corresponding qualifications.
S specific management measures shall be formulated by the administrative department of government construction.
The professional management personnel engaged in construction activities shall apply to the administrative department of government construction at or above the county to obtain the corresponding practice qualification certificate.
Profeed by professional management personnel and technical workers of construction enterprises shall receive training. The administrative department of government construction at or above the county shall be obtained to identify the corresponding job certificates in accordance with regulations.
1 11 parties engaged in construction activities must engage in construction activities within the scope of the qualification certificate permit, and accept the qualification annual review of the certification department.
The merger, separation, and dissolution of enterprises and institutions engaged in construction activities must go through the procedures for changes or cancellations to departments that issue qualification certificates within 30 days after the change.
The foreign enterprises and institutions outside the province and overseas enterprises and institutions are engaged in construction activities within the administrative area of ​​Sichuan Province. They must hold the qualification certificate and the relevant certificate issued by the administrative department of the government or the relevant authorities of the State Council to the government. Construction administrative departments go through the procedures for qualification verification.
Enential construction projects and construction approval systems in Article 13 The construction project shall be implemented. After the approval and preliminary design approval of all construction projects, all construction projects shall report to the construction administrative department of the government at or above the county and the government construction administrative department. Application
The foreign construction projects approved by the province and large and medium -sized construction projects of cross -city, local, and state, shall report to the government construction administrative department to report and apply for approval shall be reported to the government construction administrative department. Other construction projects shall report to the construction and apply for approval from the construction unit to the government construction administrative department at or above the county.
The projects of new construction, expansion, and reconstruction of the construction unit shall apply to the construction project of the construction project to the construction project for construction and approval and construction permit from the construction administrative department of the government at or above the county.
The construction unit shall have the following conditions:
(1) The construction project planning license shall be obtained Asset investment licenses;
(3) In accordance with relevant national regulations, it should be included in the investment plan, which has been included in the annual plan, and the construction funds have been implemented;
(4) There are full sets of construction drawings and other technical materials;
(5) The bidding procedures have been completed in accordance with the regulations, and the construction enterprise has determined and signed a contract;
(6) The quality supervision procedures for engineering quality have been completed; Fees;
(8) Other conditions stipulated in laws and regulations.
The construction unit shall start within 3 months after obtaining the construction of the construction project. If it shall not be started for some reason, it shall apply to the original certificate department at one time before the expiration. If it does not start the deadline and does not apply for an extension, the construction project permit will fail.
1 seventeenth construction projects for more than 6 months for some reason, the construction unit shall report to the construction project construction license department within one month from the date of suspension of construction, and do a good job of the project in accordance with regulations. Maintenance management.
The project that stops construction for more than 1 year before stopping construction, the construction unit shall be reported to be approved by the original certificate department.
The construction administrative department shall issue a qualification certificate in accordance with the regulations, and no unit or individual shall forge, modify, transfer, and lend the qualification certificate stipulated in these regulations.
Chapter 3 Construction Engineering Packaging, Contracting and Intermediary Service
Article 19 The construction projects conducted in the administrative area of ​​the province, except for military engineering and government approved by governments above the county or above In addition to the projects such as confidentiality, special majors, bidding should be packed, and the unit shall not be contracted.
The influential public large -scale construction engineering design scheme can be determined by bidding.
The administrative department of government construction at or above the county shall supervise and manage the bidding and bidding activities of construction projects.
It bidding information of construction projects shall be published by the construction unit and the bidding management agency of the construction project.
It bidding projects for construction units shall not be crushed and prices shall not be required. The construction enterprise shall not be required to bring the contracting project or the construction of the cushion as a contract condition.
It 22 Construction enterprises must participate in the construction project bidding activities in accordance with the approved qualification level and scope. It is not allowed to lift or reduce the price in the bidding of the construction project, and collude the bid.
It 23 The contractor shall not bring capital contracting as a competitive method, nor shall be passed on the capital gap caused by the method of arrears of the construction and equipment manufacturers.
The construction projects contracted by the contractor shall be organized by themselves, and the construction engineering contractor may subcontract the contracting project to the contractor with the corresponding qualifications in accordance with regulations. The contractor of the contracted subcontracting project shall not transfer the contracting project. It is strictly forbidden to hang the contract.
It 24 to implement the construction engineering supervision system. The following construction projects must be supervised:
(1) National and provincial key construction projects;
(2) large and medium -sized municipal public utility projects;
(3) Houses for development and construction of film development and construction Community engineering projects;
(4) Using foreign -funded construction projects;
(5) other engineering projects stipulated in laws and regulations.
The project supervision shall be signed by the construction engineering supervision. The construction engineering supervision unit shall engage in supervision activities in accordance with the supervision contract and relevant regulations. If the liability is caused by the supervision responsibility, the supervision unit shall bear the corresponding compensation liability in accordance with the law.
The supervision unit shall not contract the project, and shall not operate building materials, structures and construction machinery and equipment.
The project consulting units shall not accept the bidding party and the bidding party for consultation with the same project at the same time.
The parties engaged in construction activities shall sign the contract with reference to the demonstration text. The administrative department of government construction at or above the county or above is responsible for supervising the contract of construction activities in accordance with the responsibilities stipulated by laws and regulations.
The enterprises and institutions engaged in construction activities outside and overseas outside the province and overseas must go through relevant procedures with the administrative department of government construction.
Chapter 4 Construction Engineering Cost
29 The provincial construction administrative departments, in accordance with relevant departments, formulate and release the province's construction project valuation quota, expense quota, and pricing method in accordance with national regulations.
It provincial construction administrative departments shall adjust and release the cost adjustment coefficient of the project cost in a timely manner according to market price changes.
It 31 Engineering costs shall be determined in the contract by the construction unit and the contractor in accordance with the national and provincial engineering valuation quotas, expense quotas and valuation methods. If the construction unit requires more than the national standards for engineering quality and construction period, corresponding compensation or rewards shall be given to the contractor.
32 The construction project project shall implement the various types and valuation methods formulated by the country and the provincial unified state and the provincial, and effectively control and reasonably determine the cost of the project.
The construction enterprises shall prepare the construction drawing budget, completion and settlement in accordance with the valuation quota issued by the state and the province, and report to the construction unit or its competent department for review.
33 The quota is performed in construction activities, and the budget, settlement of the review project, the bottom of the compilation project, and the pricing of the project in the project shall accept the supervision and inspection of the administrative department of construction.
Chapter 5 Construction Engineering Quality
It 34 The quality of construction engineering survey, design, and construction shall meet the requirements of national standards, industry standards, local standards, and corporate standards for construction engineering.
The local standards for construction projects are formulated by the provincial construction administrative department, and jointly released with the provincial standardized administrative department to report to the construction administrative department of the State Council and the standardized administrative department for the record.
35 The quality management system of the quality management system of corporate guarantees, social supervision, government supervision, and user evaluation is implemented.
It 36 Implementation of the construction project quality supervision system. For new construction, expansion, and reconstruction construction projects, construction units shall accept supervision and management of construction project quality supervision agencies.
37 The quality supervision agency of the construction project shall have corresponding conditions and capabilities; after review and approval by the administrative department of government construction, it can be engaged in the quality supervision of construction engineering.
The construction engineering quality testing agency shall be qualified for review by the administrative department of government construction, and can be qualified for the quality inspection of construction projects by the supervision administrative department of the technical supervision of the technical supervision.
38 The quality supervision agency of the construction project in accordance with laws, regulations, and technical standards, specifications, and regulations, and the quality of construction materials, equipment, structures, and commodity concrete used for engineering survey, design, construction quality, and engineering for engineering surveys, design, regulations Supervise and inspect.
It 39 The quality responsibility system for construction projects is implemented. Construction units, survey, design units, and construction enterprises shall establish and improve quality management and guarantee systems to fully implement the quality responsibility system.
It 40 Construction units must choose survey, design and construction enterprises with corresponding qualifications according to the scale, nature and quality requirements of the project. unit. If the construction unit needs to be purchased by itself, its responsibilities and requirements should be clarified in the contract.
It 41 Construction project survey and design units must be designed in accordance with relevant national and provincial engineering survey, design technical standards, specifications, and regulations, and are responsible for survey and design technological achievements. No license or undertaking survey, design without approval, shall not be transferred to the signs, stamps, and shall not designate construction engineering materials and equipment supply units.
It 42 Construction project contractors shall be constructed in accordance with the design documents, and abide by the relevant technical standards, quality evaluation standards, construction specifications, and operating procedures formulated by the state and provincial, and are responsible for the quality of the contracting project. There must be no license or over -level contracting project, and shall not be purchased or unqualified, using unqualified materials, equipment, accessories, and commercial concrete.
It 43 Building accessories and commodity concrete manufacturers must be produced in strict accordance with product quality standards, and are responsible for the quality of its products.
If 44 The acceptance and acceptance system of the construction engineering stage shall be implemented. The construction project that is delivered for acceptance and acceptance must meet the content stipulated in the engineering design and contracts to meet the completion conditions prescribed by the state and the province. The settlement of the project price is clear.
The construction projects can be used after the quality of the construction project quality supervision agency and passed the acceptance and acceptance. Construction projects that have not passed the acceptance of the acceptance or completion acceptance or quality verification and completion acceptance are not allowed to be used, sold, and shall not apply for a property right certificate.
It 45 Construction projects are implemented in accordance with the following provisions, and the warranty period is calculated from the date of completion acceptance:
(1) civilian and public buildings, general industrial buildings, and construction of civil construction projects 1 In the year, the roof waterproofing project was 3 years;
(2) The installation of the building's electrical pipeline and the water pipeline of the upper and lower water pipelines was 1 year;
(3) building heating and cooling projects for L is the heating period And the cooling period;
(4) Municipal public projects such as outdoor and lower water and community roads are 1 year;
(5) Other special requirements for projects 7 The warranty period is Promise.
The 46 Construction projects During the prescribed warranty period, the maintenance shall be responsible for the construction project contractor, and the cost shall be borne by the responsible party. The quality defects caused by force majeure are borne by the construction unit.
Chapter 6 Construction site Management
Article 47: Construction construction shall implement the principles of safety first and prevention. Construction enterprises shall strengthen civilized construction management, scientifically organize construction, do a good job of construction site, and do a good job of construction site. Management work.
It 48 Construction enterprises shall take measures such as maintaining safety, preventing dangers, and preventing fires.
For adjacent buildings and structures, construction enterprises should take measures to prevent damage, and the required costs shall be responsible for the construction unit.
It 49 Construction units shall provide underground pipeline information related to the construction site to the construction site. Construction enterprises shall take measures to protect them, and the required cost shall be responsible for the construction unit.
It 50 Construction units and construction enterprises shall comply with the national laws and regulations on the protection of cultural relics and environmental protection, and take measures to do a good job of the protection of cultural relics and ancient trees, and control the various dust of the construction site. , Exhaust gas, wastewater, solid waste, and noise and vibration to the environmental pollution and harm.
11 with one of the following situations, the construction unit shall go to the relevant departments to go through the application for approval procedures in accordance with the law;
(1) the venue outside the scope of the planning and approval of the temporary occupation; ) Damaged roads, pipelines, electricity, communication and other public facilities and cutting trees, migration of ancient trees;
(3) Discovering underground cultural relics need to continue to be constructed Water, power outage, and interrupt traffic;
(5) blasting operations;
(6) Destroying hydrology, surveying and mapping signs;
(7) other required reports stipulated in laws and regulations to be approved for approval Procedures.
The building decoration projects that require changes in the needs of the main body and load -bearing structure and project changes. The construction unit must entrust the original design unit to propose a design plan before the construction, and submit it to the original approval authority for approval. If there is no design plan or the design plan is not approved, construction is not allowed.
53 The safety production management system of enterprise responsibility, industry management, national supervision, and mass supervision is implemented. The construction safety management is responsible for the administrative department of government construction at or above the county where the project is located, and accepts the supervision and inspection of the labor administrative department at the same level.
This 54 The construction of construction projects shall implement a safety production responsibility system. The safety of the construction site is responsible for the construction engineering contractor.
The construction engineering contractor must strengthen safety technical management, implement safety technical measures, strengthen safety technical training and assessment, and strict security discipline and safety education.
The illegal command and illegal operations are strictly prohibited, and the operators who have daily life safety and physical health have the right to refuse to implement and stop it, and may be criticized, reported, and accused.
The safety accidents occur in the construction and production of buildings in accordance with the provisions of relevant laws and regulations in accordance with relevant laws and regulations.
Chapter 7 Legal Responsibility
56 The construction unit violates the provisions of these regulations. If one of the following actions, the administrative department of government construction at or above the county or above will be warned and ordered to stop the construction, and it may be punished. The total construction price of the project is 0.5%to 2%of the fine:
(1) If the engineering report is not carried out in accordance with regulations;
(2) The construction project does not bid in accordance with the regulations; The quality supervision procedures for engineering quality shall be handled in accordance with regulations;
(4) If the construction project is not completed in accordance with the regulations, it is constructed without permission;
(5) The designated equipment and material supply units; n (6) Repair and decorative projects involving changes in the subject or load -bearing structure, as well as projects involving changes in the appearance of the building, have no design plan and started without approval;
(8) The construction project is not put into use without the completion acceptance;
(9) In the project outbound, it violates the project cost regulations, or requires the contractor to take the capital cushion as a cushion. Prerequisites and other unreasonable conditions.
It 57 Survey, design units and personnel violate the provisions of these regulations. If there are two of the following acts, the administrative department of political theory construction at or above the county confiscation of illegal income and survey and design technical documents shall be confiscated. Stop business, reducing qualification levels, revoking qualification certificates, and fines of 5,000 to 50,000 yuan:
(1) If you have no license or undergoing survey and design without approval; ) Those who have not been designed in accordance with the scale and investment limit approved by the country and the provincial;
(3) Forge, modify, transfer, lend qualification certificates, or transfer, borrow design maps, stamps;
((((( 4) Investigation and design technology quality is poor, causing quality accidents;
(5) Specifying equipment and material supply units.
158 The contractor of the construction project violates the provisions of these regulations. If one of the following acts, the administrative department of government construction at or above the county confiscation of illegal income, give warning, or order to stop construction, stop six months to ten from six months to ten Two months of bidding qualifications, reducing qualification levels or revoking qualification certificates, and fines of 0.5%to 2%of the project cost:
(1) Unlike, dependent contracting projects;
(2) After the contracting project, the project is transferred and affiliated with the contract;
(3) Forge, modify, transfer, and lend qualification certificates;
(4) The bidding and bidding will be raised or unreasonable to reduce the bid price, and the bidding is connected to the bidding.
(5) Those who have not passed their assessment of professional management personnel and technical workers;
(6) If the management of construction site management is violated; The relevant technical standards, quality evaluation standards, construction specifications, and operating procedures formulated by the national and provincial formulation, which causes hidden dangers or accidents;
(8) Procurement and use of unqualified materials, equipment, structure accessories, commodity concrete
(9) The preparation of engineering budgets and settlement in violation of engineering cost management regulations.
For violating the provisions of this article (4), the maximum fine shall not exceed 200,000 yuan
59 The units of construction engineering supervision, construction engineering agency, and construction engineering cost consultation violations of national and these regulations For one of the following actions, the administrative department of government construction at or above the county confiscation of illegal income and warnings and revoking qualification certificates. It can also be fined from 1,000 to 50,000 yuan:
(1) If you have not permit, you are engaged in engineering construction supervision, engineering construction agency, and engineering cost consultation;
(2) At the same time The contractor entrusted services;
(3) engaged in bidding and bidding agency services, and falsifying or leaking the bidding bottom during the bidding process;
(4) engaged in contract engineering business and operating building materials and equipment.
It enterprises and institutions outside the province to work in our province to engage in construction activities. If the government construction administrative department shall go through the qualification verification procedures and undertake the project without authorization Stop business and be fined with engineering costs or costs of 2%to 5%.
It 61 The parties to the construction activity violate the provisions of these regulations, causing a collapse of buildings, structures or personal casualties, and criminals, and the judicial organs shall investigate criminal responsibility in accordance with the law. And step by step accountability of the responsibility of the competent authority and the person in charge.
Those staff members of the state organs and the parties to build activities shall be given administrative sanctions shall be given by the unit or the relevant authority; if the crime is constituted, the judicial authority shall investigate criminal responsibility according to law.
It, if the parties do not accept administrative penalties, they may apply for administrative reconsideration or file administrative lawsuits in accordance with the law.
If 63 The collection of fines of these regulations shall be implemented in accordance with the provisions of the "Administrative Penalty Law of the People's Republic of China".
Chapter 8 Attachment
The issues in the specific application of Article 64 The administrative department of government construction is responsible for explaining.
The 65 these regulations shall be implemented from the date of announcement.
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