Article 13 Any of the following circumstances is an illegal contract awarding: (1) the construction unit contracts the project to an individual（ 2） The construction unit contracts the project to units without corresponding qualifications（ 3） Failing to invite tenders according to law or contracting out in accordance with legal bidding procedures（ 4） The construction unit sets unreasonable bidding conditions to restrict or exclude potential bidders or bidders（ 5） The construction unit divides the construction of a unit project into several parts and contracts them to different general construction contractors or professional contractors（ 6） Other illegal contract awarding acts stipulated by laws and regulations.
The general contractor shall have the right to independently select qualified professional contractors, and no other unit or individual shall designate subcontractors in violation of regulations.
Article 4 the contract awarding of construction projects is divided into bidding contract awarding and direct contract awarding.
Construction projects that must be subject to bidding according to law shall be awarded by bidding.
A government invested project shall be contracted out after the examination and approval of the investment decision is completed.
The construction unit shall perform the obligations of handling the license, approval or filing required by law, providing the construction site for the contractor, and timely paying the contract price to the contractor according to the contract.
Article 7 the subcontracting of construction projects is divided into professional engineering subcontracting and labor operation subcontracting.
The tenderee will contract out the construction project to bidders with corresponding qualification levels through bidding according to law.
Article 2 These Measures shall apply to the contracting and contracting activities of construction projects carried out within the administrative region of the province.
Chapter II Contract awarding and contracting of construction projects Article 3 the construction unit shall complete the project approval, approval or filing procedures before contract awarding.
Article 16 illegal subcontracting refers to the act that the contractor subcontracts the project to other units or individuals for construction in violation of laws and regulations after contracting the project..
Article 9 the general contracting contracts of construction projects are encouraged to adopt the model texts of relevant industries.
Article 6 the contracting of construction projects is divided into general contracting and professional contracting.
Article 14 subcontracting refers to the act that a contractor, after contracting a project, fails to perform the responsibilities and obligations agreed in the contract, transfers all the contracted projects or dismisses all the contracted projects to other units or individuals for construction in the name of subcontracting.
For construction projects that are not subject to bidding according to law, the construction unit may directly contract out to contractors with corresponding qualification levels and construction capacity.
For the construction of a construction project, the construction unit and the Contractor shall conclude a written contract for the construction of the construction project according to law, clarifying the rights and obligations of both parties.
Article 12 illegal contract awarding means that the construction unit contracts the project to individuals or units without corresponding qualifications, dismisses the contract awarding, contracts awarding in violation of legal procedures and other acts in violation of laws and regulations.
The subcontract shall follow the principles of the contract and meet the quality, safety, progress and other requirements in the contract.
Article 8 in accordance with the contract or with the consent of the construction unit, the general contractor of the construction project may subcontract part of the non main and non critical work of the project according to law.
The subcontractor shall, in accordance with the provisions of the subcontract, organize the construction of the subcontract project and effectively control the quality, safety and progress of the subcontract project.
An enterprise’s investment project shall be contracted out after approval or filing.
The Contractor shall establish and improve the construction subcontracting management system and account, be responsible to the construction unit for the implementation of subcontracted projects, and bear corresponding responsibilities.
General contracting units and specialized contracting units may subcontract the labor operation within the scope of contracting to labor operation units with corresponding qualifications.
The Contractor shall contract the corresponding construction project according to its qualification level.
Construction projects in these Measures refer to the new construction, reconstruction and expansion of buildings and structures and their related decoration, demolition, repair and other projects.
Chapter III Illegal contracting and contracting of construction projects Article 11 the illegal contracting and contracting of construction projects mentioned in these Measures refer to illegal contracting, subcontracting, subcontracting and affiliation.
Article 5 a contractor shall have the qualifications stipulated by the state or required by the bidding documents and be capable of undertaking project construction.
The general contractor has the right to independently select qualified professional contractors; General contracting units and specialized contracting units may subcontract the labor operation within the scope of contracting to labor operation units with corresponding qualifications; The subcontractor shall be responsible to the contractor for the subcontracted project and bear joint and several liabilities to the construction unit for the subcontracted project; For projects that use all or part of state-owned funds, if the construction unit dismisses the construction project, the project implementation or fund allocation may be suspended; Measures of Shanxi Province for the administration of contract awarding and contracting of construction projects chapter I General Provisions Article 1 in order to standardize the construction contracting and contracting activities of construction projects, maintain the market order of construction projects, ensure the quality and safety of construction projects, and prevent corruption in construction contracting and contracting, These measures are formulated in accordance with the civil code of the people’s Republic of China, the bidding 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 and other laws and regulations, and in combination with the actual situation of the Province.
Article 10 construction project subcontracts are encouraged to adopt relevant industry model texts.
Recently, the development and Reform Commission of Shanxi Province issued the notice on printing and distributing the management measures for construction contracting and contracting of construction projects in Shanxi Province to standardize the construction contracting and contracting activities of construction projects in Shanxi Province, maintain the market order of construction projects and ensure the quality and safety of construction projects.
Article 15 Any of the following circumstances shall be deemed as subcontracting, unless there is evidence to prove that it belongs to affiliated or other illegal acts: (1) the contractor directly or in a disguised form transfers all the contracted projects to other units or individuals for construction（ 2） The contractor has not dispatched major project management personnel, or the dispatched major project management personnel are not the personnel of the unit（ 3） The main building materials, components, fittings and engineering equipment purchased by the contractor or the leased construction machinery and equipment agreed in the contract are purchased and leased by other units or individuals, or the construction unit is unable to provide relevant certificates such as purchase, lease contracts and invoices, and can not make a comprehensive interpretation and provide corresponding certificates（ 4） There is no project fund collection and payment relationship between the employer and the contractor, or the contractor transfers the project fund to other units and individuals after receiving the project fund, and it is unable to make a reasonable explanation and provide corresponding certificates（ 5） The scope of contracting by the labor operation contractor is all the projects contracted by the contractor, and the labor operation contractor calculates all the project price except the “management fee” paid to the contractor（ 6） The employer of labor operation is not the contractor of the project（ 7） If the employer of a professional project is not the general contractor or professional contractor of the project, except for the professional project contracted by the construction unit according to the contract（ 8） Other subcontracting acts stipulated by laws and regulations.
The Contractor shall perform the project quality, safety, progress and other obligations agreed in the contract.
The subcontractor shall be responsible to the contractor for the subcontracted project and bear joint and several liabilities to the construction unit for the subcontracted project.
