The decision of the Ministry of housing and urban rural development on Amending the administrative measures for construction permit of construction engineering and other three regulations the decision of the Ministry of housing and urban rural development on Amending the administrative measures for construction permit of construction engineering and other three regulations, which was deliberated and adopted at the 16th ministerial meeting on January 26, 2021, is hereby promulgated and shall come into force as of the date of promulgation
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Minister of housing and urban rural development Wang Menghui on March 30, 2021 the decision of the Ministry of housing and urban rural development on Amending the administrative measures for construction permit of construction engineering and other three regulations: 1
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The decision of the Ministry of housing and urban rural development: 1 The second item of the first paragraph is amended as: “if a construction project planning license is required according to law, the construction project planning license has been obtained.” The fifth item of the first paragraph of Article 4 is amended as: “if there are fund arrangements, construction drawings and technical data to meet the construction needs, the construction unit shall provide the construction funds, the letter of commitment has been implemented, and the construction drawing design documents have been examined and qualified according to the provisions.” Article 4, paragraph 1, items 7 and 8 shall be deleted
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Article 4 of order No
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42 of the Ministry of housing and urban rural development, a construction unit applying for a construction license shall meet the following conditions and submit corresponding supporting documents: (1) if it is required to go through the land use approval procedures according to law, it has gone through the land use approval procedures for the construction project
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（2） For construction projects in urban and town planning areas, a construction project planning license has been obtained
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（3） If the construction site has basically met the construction conditions and needs to collect houses, its progress meets the construction requirements
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（4） The construction enterprise has been determined
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If there is no public bidding for the project that should be invited for bidding according to the regulations, or there is no public bidding for the project that should be invited for public bidding, or if the project is dismembered and the project is contracted to an enterprise that does not have the corresponding qualification conditions, the determined construction enterprise is invalid
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（5） There are technical data to meet the construction needs, and the construction drawing design documents have been reviewed and qualified as required
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（6） There are specific measures to ensure the quality and safety of the project
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In the construction organization design compiled by construction enterprises, corresponding quality and safety technical measures are formulated according to the characteristics of construction engineering
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Establish engineering quality and safety responsibility system and implement it to each person
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For highly professional projects, the special quality and safety construction organization design has been prepared, and the engineering quality and safety supervision procedures have been handled in accordance with the regulations
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（7） Construction funds have been implemented
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The construction unit shall provide construction funds, and the letter of commitment has been implemented
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（8） Other conditions stipulated by laws and administrative regulations
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2、 The second paragraph of Article 5 of the regulations on the supervision of the implementation of compulsory standards for engineering construction (Order No
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81 of the Ministry of construction, revised according to order No
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23 of the Ministry of housing and urban rural development) is deleted
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Article 5 of order No
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23 of the Ministry of housing and urban rural development, if the new technology and new materials used in the survey and design documents of construction projects may affect the quality and safety of construction projects, and there are no national technical standards, the testing and demonstration shall be conducted by the testing institutions recognized by the state, and the testing report shall be issued, which shall be approved by the relevant competent department of the State Council or the person of the province, autonomous region or municipality directly under the central government It can only be used after being examined and approved by the construction engineering technical expert committee organized by the relevant competent department of the people’s government
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If international standards or foreign standards are adopted in project construction, and there are no provisions in the current mandatory standards, the construction unit shall report to the competent construction administrative department of the State Council or the relevant competent administrative department of the State Council for the record
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3、 “Sino foreign joint ventures, cooperative joint ventures and wholly foreign-owned enterprises” in Article 15 of the measures for the administration of urban real estate mortgage (Order No
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56 of the Ministry of construction, revised according to order No
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98 of the Ministry of construction) is revised to “foreign invested enterprises”
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This decision shall come into force as of the date of promulgation
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The above regulations shall be amended and re promulgated in accordance with this decision
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Measures for the administration of construction permit of construction projects (promulgated by order No
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18 of the Ministry of housing and urban rural development on June 25, 2014, revised according to order No
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42 of the Ministry of housing and urban rural development on September 28, 2018 and order No
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52 of the Ministry of housing and urban rural development on March 30, 2021) Article 1 in order to strengthen the supervision and management of construction activities, maintain the order of construction market, and ensure the quality and safety of construction projects, according to These measures are formulated in accordance with the construction law of the people’s Republic of China
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Article 2 for the construction and decoration of various housing buildings and their ancillary facilities, the installation of their supporting lines, pipelines and equipment, and the construction of urban municipal infrastructure projects within the territory of the people’s Republic of China, the construction unit shall, in accordance with the provisions of these measures, report to the competent Department of housing and urban rural development of the local people’s government at or above the county level where the projects are located before the commencement of the construction (hereinafter referred to as license issuing authority) apply for construction license
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Construction projects with an investment of less than 300000 yuan or a construction area of less than 300 square meters may not apply for a construction license
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The Department in charge of housing and urban rural construction of the people’s Government of a province, autonomous region or municipality directly under the central government may adjust the quota according to the local actual situation and report it to the Department in charge of housing and urban rural construction of the State Council for the record
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A construction project that has approved the commencement report in accordance with the authority and procedures prescribed by the State Council shall no longer receive a construction license
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Article 3 the construction projects that should apply for construction license according to these Measures shall not be started without construction license
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No unit or individual is allowed to decompose the project that should apply for the construction license into several projects below the quota to avoid applying for the construction license
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Article 4 a construction unit applying for a construction license shall meet the following conditions and submit corresponding supporting documents: (1) if it is required to go through the land use approval procedures according to law, it has already gone through the land use approval procedures for the construction project
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（2） If a construction project planning license is required according to law, it has been obtained
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（3） If the construction site has basically met the construction conditions and needs to collect houses, its progress meets the construction requirements
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（4） The construction enterprise has been determined
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If there is no public bidding for the project that should be invited for bidding according to the regulations, or there is no public bidding for the project that should be invited for public bidding, or if the project is dismembered and the project is contracted to an enterprise that does not have the corresponding qualification conditions, the determined construction enterprise is invalid
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（5） If there are funds arrangement, construction drawings and technical data to meet the construction needs, the construction unit shall provide the construction funds, the letter of commitment has been implemented, and the construction drawing design documents have been examined and qualified according to the regulations
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（6） There are specific measures to ensure the quality and safety of the project
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In the construction organization design compiled by construction enterprises, corresponding quality and safety technical measures are formulated according to the characteristics of construction engineering
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Establish engineering quality and safety responsibility system and implement it to each person
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For highly professional projects, the special quality and safety construction organization design has been prepared, and the engineering quality and safety supervision procedures have been handled in accordance with the regulations
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The Department in charge of housing and urban rural construction of the local people’s government at or above the county level shall not, in violation of laws and regulations, add other conditions for handling the construction license
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Article 5 the application for construction license shall be carried out according to the following procedures: (1) the construction unit shall obtain the application form for construction license of construction project from the license issuing organ
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（2） The construction unit shall apply to the license issuing authority with the application form for construction permit of construction project with the seal of the unit and its legal representative and the supporting documents specified in Article 4 of these measures.
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