Tips: according to the network summary, the current regulations and specific effective documents shall prevail
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If you have specific questions or consultation, you can contact lawyer Shen (15921481349, the same number of wechat) Notice of the Ministry of housing and urban rural development on printing and distributing the administrative measures for the identification, investigation and punishment of illegal acts in construction contracting and contracting And urban and rural construction (Management) Commission, housing and Urban Rural Construction Bureau of Xinjiang production and Construction Corps: in order to standardize the contracting and contracting activities of construction projects, ensure the project quality and construction safety, effectively curb illegal contracting, subcontracting, illegal subcontracting, affiliation and other illegal acts, and maintain the order of construction market and the legitimate rights and interests of the main participants in construction projects, our ministry has formulated the construction engineering contract The administrative measures for the identification, investigation and punishment of illegal acts in construction contract awarding and contracting are hereby printed and distributed to you for your compliance
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If you encounter any problems in the implementation, please write to the construction market supervision department of our department in time
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Ministry of housing and urban rural development of the people’s Republic of China on January 3, 2019 (this initiative is open) CC: Construction Department (bureau) of relevant departments of the State Council, relevant enterprises and relevant industry associations under the central management
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Annex: Administrative Measures for the identification, investigation and management of illegal acts in contract awarding and contracting of construction projects Article 1 is to standardize the identification, investigation and management of illegal acts in contract awarding and contracting of construction projects, ensure project quality and construction safety, effectively curb illegal acts in contract awarding and contracting activities, and maintain the order of construction market and the legitimate rights and interests of main participants in construction projects According to the construction law of the people’s Republic of China, the bidding law of the people’s Republic of China, the contract law of the people’s Republic of China, the regulations on the quality management of construction projects, the regulations on the safety production management of construction projects, the regulations on the implementation of the bidding law of the people’s Republic of China and other laws and regulations, as well as the decision of the legal working committee of the National People’s Congress on undertaking construction projects for the parent company of construction enterprises The measures are formulated in combination with the practice of construction activities
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Article 2 the term “construction projects” as mentioned in these Measures refers to housing construction and municipal infrastructure projects and their ancillary facilities as well as their supporting lines, pipelines and equipment installation projects
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Article 3 the Ministry of housing and urban rural development shall exercise unified supervision and management over the identification and investigation of illegal acts of contracting and contracting construction projects nationwide
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The competent department of housing and urban rural construction of the local people’s government at or above the county level shall, within the scope of its duties, be specifically responsible for the identification and investigation of illegal acts of contracting and contracting construction projects within its administrative region
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The illegal acts of contract awarding and contracting mentioned in these Measures refer to illegal contract awarding, subcontracting, illegal subcontracting, affiliation and other illegal acts
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Article 4 the construction unit and the Contractor shall sign the contract in strict accordance with the law, clarify the rights, obligations and responsibilities of both parties, strictly prohibit illegal contracting, subcontracting, illegal subcontracting and affiliation, and ensure the project quality and construction safety
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Article 5 “illegal contract awarding” as mentioned in these Measures refers to the contract awarding activities of construction units to individuals or units without corresponding qualifications, dismembering contract awarding, contract awarding in violation of legal procedures and other contract awarding activities in violation of laws and regulations
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Article 6 Contract awarding is illegal under any of the following circumstances: (1) a construction unit contracts a project to an individual; (2) a construction unit contracts a project to a unit without corresponding qualifications; (3) it should invite tenders according to law but fails to invite tenders or fails to invite tenders according to law procedures; (4) the construction unit sets up unreasonable bidding procedures (5) the construction unit divides the construction of a unit project into several parts and contracts them to different general contractors or specialized contractors
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Article 7 The term “subcontracting” as mentioned in these Measures refers to the act that the Contractor fails to perform the responsibilities and obligations stipulated in the contract after contracting the project, and transfers all the contracted projects or dismembers all the contracted projects to other units or individuals for construction in the name of subcontracting
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Article 8 any one of the following circumstances shall be recognized as subcontracting, except for those proved to be affiliated or other illegal acts: (1) the contractor transfers all the contracted projects to other units (including the situation that the parent company, after undertaking construction projects, hands over the undertaken projects to a subsidiary company with independent legal personality for construction) or individuals for construction (2) the contractor dismembers all the contracted projects and transfers them to other units or individuals for construction in the name of subcontracting; (3) the general construction contractor or professional contractor does not assign the project leader, technical leader, quality management leader, safety management leader and other main management personnel, or the project leader and technical leader One or more of the person in charge, the person in charge of quality management or the person in charge of safety management has not entered into a labor contract with the construction unit and has not established a relationship between labor wages and social endowment insurance, or the person in charge of the project has not organized and managed the construction activities of the project, and has not made a reasonable explanation and provided corresponding certificates; (4) the contract stipulates that the responsibility shall be borne by the contractor The main construction materials, components, fittings and engineering equipment purchased or leased construction machinery and equipment are purchased or leased by other units or individuals, or the construction unit is unable to provide relevant purchase, lease contract, invoice and other proofs, and can not reasonably explain and provide corresponding proofs; (5) the scope of contracting by the professional operation contractor is all the works contracted by the contractor (6) the contractor directly or in disguised form transfers all the contracted projects to other units or individuals for construction by means of cooperation, joint venture or individual contracting; (7) the employer of the professional project is not the contractor of the project (8) the contracting unit for professional operation is not the contracting unit for the project; (9) there is no relationship between the main bodies of the construction contract for the project payment, or the contracting unit transfers the payment to other units and individuals after receiving the payment, and it is unable to give a reasonable explanation and raise the payment It’s for proof
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If two or more units form a consortium to contract the project, it is agreed in the division of labor agreement of the consortium or in the actual implementation process of the project that one party of the consortium neither carries out construction nor organizes and manages the construction activities, and collects management fees or other similar fees from other parties of the consortium, it shall be deemed that one party of the consortium subcontracts the contracted project to other parties of the consortium
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Article 9 “affiliation” as mentioned in these Measures refers to the act of units or individuals contracting projects in the name of other qualified construction units
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The term “contracted project” as mentioned in the preceding paragraph includes participation in bidding, conclusion of contract, handling of relevant construction procedures, engaging in construction and other activities
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Article 10 any of the following circumstances shall be regarded as affiliation: (1) unqualified units or individuals borrow the qualification of other construction units to undertake projects; (2) qualified construction units borrow the qualification of each other to undertake projects, including those with low qualification grade, those with high qualification grade, those with high qualification grade and those with low qualification grade Grade borrowing from each other; (3) under the circumstances specified in items (3) to (9) of the first paragraph of Article 8 of these measures, there is evidence to prove that it is affiliated.
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