Please comply with them.
The illegal behaviors of contract awarding and contracting mentioned in these measures specifically refer to illegal behaviors such as illegal contract awarding, subcontracting, subcontracting and affiliation.
Article 1 of the administrative measures of the Ministry of housing and urban rural development of the people’s Republic of China on the identification, investigation and punishment of illegal acts in construction contracting and contracting activities on January 3, 2019 is to standardize the identification, investigation and management of illegal acts in construction contracting and contracting activities, ensure project quality and construction safety, and effectively curb illegal acts in contracting and contracting activities, To maintain the order of the construction market and the legitimate rights and interests of the main participants in construction projects, in accordance with 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 administration of work safety of construction projects, the regulations on the implementation of the bidding law of the people’s Republic of China and other laws and regulations, And the opinions of the legal work committee of the National People’s Congress on whether the project undertaken by the parent company of the construction enterprise is subcontracted by the subsidiary and the legal application of the two-year retrospective period of administrative punishment (fgbf [2017] No.
Article 8 any of the following circumstances shall be deemed as subcontracting, except that there is evidence to prove that it is affiliated or other illegal acts: (1) the contractor transfers all the contracted projects to other units (including the case that the parent company entrusts the undertaken projects to a subsidiary with independent legal personality after undertaking the construction projects) or individuals for construction; （2） After the contractor dismembers all the contracted projects, it transfers them to other units or individuals for construction in the name of subcontracting; （3） The general contractor or professional contractor has not dispatched project leader, technical leader, quality management leader, safety management leader and other key management personnel, or dispatched project leader, technical leader, quality management leader One or more persons in charge of safety management have not signed a labor contract with the construction unit and have not established a labor wage and social endowment insurance relationship, or the dispatched project leader has not organized and managed the construction activities of the project, and is unable to make a reasonable explanation and provide corresponding certificates; （4） 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 cannot provide relevant certificates such as purchase, lease contracts and invoices, and cannot make a comprehensive interpretation and provide corresponding certificates; （5） The scope of contracting by the professional operation contractor is all the projects contracted by the contractor, and the professional operation contractor calculates all the project price except the “management fee” paid to the contractor; （6） The contractor directly or in a disguised form transfers all the contracted projects to other units or individuals for construction through cooperation, joint venture, individual contracting and other forms or names; （7） The employer of a professional project is not the general contractor or professional contractor of the project, except that the construction unit is the employer according to the contract; （8） The employer of professional operation is not the contractor of the project; （9） There is no relationship between the subjects of the construction contract and the receipt and payment of project funds, or the contractor transfers the funds to other units and individuals after receiving the funds, and cannot make a reasonable explanation and provide material proof..
223), which are formulated in combination with the practice of construction activities.
Article 3 the Ministry of housing and urban rural development shall exercise unified supervision and administration over the identification, investigation and punishment of violations of contract awarding and contracting of construction projects throughout the country.
Article 5 The term “illegal contract awarding” as mentioned in these Measures refers to the contracting out of the project by the construction unit to individuals or units without corresponding qualifications, dismemberment of the contract awarding, contract awarding in violation of legal procedures and other acts in violation of laws and regulations.
The competent departments of housing and urban rural development of the local people’s governments at or above the county level shall, within the scope of their duties, be specifically responsible for the identification, investigation and punishment of illegal acts of contracting and contracting construction projects within their respective administrative areas.
Please inform the construction market supervision department of our ministry in time of any problems encountered in the implementation.
Article 7 The term “subcontracting” as mentioned in these Measures refers to the act that the Contractor fails to perform the responsibilities and obligations agreed 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.
JSG [2019] No.
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 the supporting lines, pipelines and equipment installation projects.
Article 6 any of the following circumstances is illegal contract awarding: (1) the construction unit contracts the project to an individual; （2） The construction unit contracts the project to a unit without corresponding qualification; （3） Failing to invite tenders in accordance with the law or contracting out in accordance with the 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.
Article 4 the construction unit and the Contractor shall sign contracts in strict accordance with the law, clarify the rights, obligations and responsibilities of both parties, and prohibit illegal contracting, subcontracting, subcontracting and affiliation, so as to ensure project quality and construction safety.
1 housing and Urban Rural Development Department of all provinces and autonomous regions, housing and urban rural development (Management) Commission of municipalities directly under the central government, housing and Urban Rural Development Bureau of Xinjiang production and Construction Corps: in order to standardize construction contracting and contracting activities, ensure project quality and construction safety, and effectively curb illegal behaviors such as illegal contracting, subcontracting, illegal subcontracting and affiliation, In order to maintain the order of the construction market and the legitimate rights and interests of the main participants in construction projects, our department has formulated the administrative measures for the identification, investigation and punishment of illegal acts of construction contracting and contracting, which are hereby printed and distributed to you.
