The competent housing and urban and rural construction departments of the local people’s governments at or above the county level shall be responsible for the supervision and management of the construction subcontracting of housing construction and municipal infrastructure projects within their respective administrative areas.
124, dated February 3, 2004, “Management Measures for Subcontracting of Housing Construction and Municipal Infrastructure Engineering”, which was discussed and adopted at the 21st executive meeting of the Ministry of Construction on November 8, 2003, is hereby promulgated and will come into force as of April 1, 2004.
The specific requirements shall be formulated by the competent departments of housing and urban construction of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 8 A contractor of a subcontracted project must have corresponding qualifications and undertake business within the scope permitted by its qualification level.
Article 5 The construction subcontracting of housing construction and municipal infrastructure engineering is divided into professional engineering subcontracting and labor operation subcontracting.
The contract letting party of the subcontracted project shall submit the contract to the competent department of housing and urban and rural construction of the local people’s government at or above the county level for the record within 7 working days after signing the subcontract.
The labor operation subcontracting shall be agreed by the labor operation contract letting party and the labor operation contractor through the labor contract.
Article 6 Subcontracting activities of housing construction and municipal infrastructure projects must be carried out according to law.
Article 11 The contract letting party of a subcontracted project shall establish a project management organization to organize and manage the construction activities of the contracted project.
Article 2 These Measures are applicable to the subcontracting activities of housing construction and municipal infrastructure construction within the territory of the People’s Republic of China and the supervision and management of the subcontracting activities of housing construction and municipal infrastructure construction.
The contractor of professional subcontract works must complete the contracted works by himself.
Article 10 The contract letting party and the contractor of the subcontracting project shall sign the subcontracting contract according to law and perform the agreed obligations in accordance with the contract.
Encourage the development of professional contracting enterprises and labor subcontracting enterprises, promote subcontracting activities to enter the tangible construction market for public transactions, and improve the subcontracting project transaction function of the tangible construction market.
In violation of the provisions of Article 12 of the Measures, if the contract letting party of the subcontracted project fails to set up a project management organization and assign corresponding personnel at the construction site after subcontracting the project, and fails to organize and manage the construction activities of the project, it shall be deemed as subcontracting.
Article 14 Illegal subcontracting of contracted projects is prohibited.
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It is an act of subcontracting to contract out all the contracted projects to others, or to contract out all the contracted projects to others in the name of subcontracting.
The subcontract must clearly stipulate the time, settlement method and corresponding measures to ensure the timely payment of project funds and labor wages to ensure the payment of project funds and labor wages.
Article 3 The competent department of housing and urban and rural construction under the State Council shall be responsible for the supervision and management of the construction subcontracting of housing construction and municipal infrastructure projects nationwide.
In case of major changes to the subcontract, the contract letting party of the subcontract project shall submit the change agreement to the original filing authority for filing within 7 working days after the change.
The labor operation subcontracting referred to in these Measures refers to the activities that the construction general contracting enterprise or professional contracting enterprise (hereinafter referred to as the labor operation contractor) contracts the labor operation in its contracted project to the labor subcontracting enterprise (hereinafter referred to as the labor operation contractor) to complete.
The project management organization shall have technical and economic management personnel appropriate to the scale and technical complexity of the contracted project.
The Ministry of Construction Decree [2004] No.
Attachment of the Minister of Construction, Wang Guangtao: Article 1 of the Measures for the Administration of Construction Subcontracting of Housing Construction and Municipal Infrastructure Projects In order to regulate the subcontracting activities of housing construction and municipal infrastructure projects, maintain the order of the construction market, and ensure the project quality and construction safety, in accordance with the relevant laws and regulations such as the Construction Law of the People’s Republic of China, the Bidding Law of the People’s Republic of China, and the Regulations on the Administration of Construction Project Quality, The Measures are formulated.
No unit or individual may interfere with the subcontracting activities implemented according to law.
Article 12 The contract letting party of the subcontracted project may require the contractor of the subcontracted project to provide the performance guarantee of the subcontracted project for the performance of the subcontracted contract; If the subcontractor requires the subcontractor to provide the payment guarantee for the subcontract project at the same time after providing the guarantee, the subcontractor shall provide it.
Article 4 The term “construction subcontracting” as mentioned in these Measures refers to the activities that the construction enterprise contracts the professional projects or labor services in the housing construction and municipal infrastructure projects to other construction enterprises for completion.
Among them, the project leader, technical leader, project accounting leader, quality management personnel and safety management personnel must be the personnel of the unit.
The professional project subcontracting referred to in these Measures refers to the activities completed by the general construction contracting enterprise (hereinafter referred to as the professional subcontracting project contractor) to contract the professional projects in its contracted projects to other construction enterprises with corresponding qualifications (hereinafter referred to as the professional subcontracting project contractor).
The labor operation contractor must complete the contracted tasks by himself.
Article 9 Except as agreed in the general construction contract, the subcontracting of professional projects must be approved by the construction unit.
Article 13 Subcontracting of contracted projects is prohibited.
The subcontractor referred to in the Measures includes the professional subcontractor and labor operation contractor in the second and third paragraphs of this Article; Subcontracting project contractors include professional subcontracting project contractors and labor operation contractors in the second and third paragraphs of this article.
Article 7 The construction unit shall not directly appoint subcontractors.
The personnel of the unit mentioned in the preceding paragraph refer to those who have legal personnel or labor contracts, wages and social insurance relations with the unit.
It is strictly forbidden for individuals to undertake subcontracted engineering business.
