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Laws of the People's Republic of China |
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| Category | INDUSTRY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1997-11-01 | Effective Date | 1998-03-01 |
|
Construction Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Building Permit
Section 1 Building Permit for Construction Project
Section 2 Qualifications for Operations
Chapter III Construction Project Contract Issuance and Contracting
Section 1 General Rules
Section 2 Contract Issuance
Section 3 Contracting
Chapter IV Construction Project Supervision and Control
Chapter V Construction Production Safety Management
Chapter VI Construction Project Quality Control
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions Article 1 This Law is enacted with a view to enhancing supervision and Article 2 This Law shall be adhered to in engaging in building operations The building operations referred to in this Law mean construction of all Article 3 The building operations shall ensure the quality and safety Article 4 The State supports the development of the building industry, Article 5 In engaging in building operations, laws and regulations shall No unit or individual shall hinder or obstruct the building operations Article 6 The competent department of construction administration under Section 1 Building Permit for Construction Project Article 7 A construction unit shall, prior to the start of construction A construction project the report for the start of construction of which Article 8 Application for a building permit shall meet the following (1) having completed the formalities for the approval of land use for the (2) having obtained the planning permit in the case of the construction (3) in the case of necessity of demolition and shifting, the pace of (4) having determined the construction enterprise; (5) having construction drawings and technical information which meet the (6) having specific measures for ensuring project quality and safety; (7) the construction funds having been made available; and (8) other terms prescribed by laws and administrative regulations. The competent department of construction administration shall, within Article 9 A construction unit shall start the construction within three Article 10 For suspension of construction of a construction project A report shall be submitted to the permit-issuing organ when the Article 11 For inability to start construction in time or suspension of Section 2 Qualifications for Operations Article 12 Building construction enterprises, survey units, design (1) having a registered capital conforming to state provisions; (2) having specialized technical personnel with qualifications for legal (3) having technical equipment for engaging in related building (4) other qualifications prescribed by laws and administrative regulations. Article 13 Building construction enterprises, survey units, design Article 14 Specialized technical personnel engaging in building Section 1 General Rules Article 15 The contract issuing unit and contracting unit of a The contract issuing unit and contracting unit shall comprehensively Article 16 Invitation to tender and bidding of the tender of contract For invitation to tender and bidding of the tender of construction Article 17 A contract issuing unit and its staff members shall not, A contracting unit and its staff members shall not employ such unfair Article 18 The cost of a construction project shall, pursuant to The contract issuing unit shall, pursuant to the agreement in the Section 2 Contract Issuance Article 19 Construction projects shall practise contract issuance by Article 20 For a construction project for invitation to open tender, Bid opening shall be held in public at the time and place prescribed in Article 21 Bid opening, bid evaluation and bid selection of the Article 22 For a construction project following contract issuance Article 23 The Government and its subordinate departments shall not Article 24 General contracting of construction projects shall be The contract issuing unit of a construction project may award in total Article 25 For building materials, building structural pieces and parts Section 3 Contracting Article 26 The contracting units of construction projects shall contract Building construction enterprises shall be prohibited to contract Article 27 Large construction projects or construction projects with In the case of a joint contract by more than two units with different Article 28 Subcontracting to others of the entire construction project Article 29 The general contracting unit of a construction project may The general contracting unit of a construction project shall, pursuant to The general contracting unit is prohibited to subcontract the project Article 30 The State practises the construction project supervision and The State Council may determine the scope of mandatory supervision and Article 31 The construction unit of a construction project under Article 32 The construction project supervisor-controller shall, pursuant Engineering supervisors have the power to ask the building construction Engineering supervisors shall, upon discovery of engineering design not Article 33 The construction unit shall, prior to the exercise of Article 34 An engineering supervision and control unit shall undertake The engineering supervision and control unit shall, in accordance with The engineering supervision and control unit and the contracting unit The engineering supervision and control unit shall not transfer Article 35 An engineering supervision and control unit shall bear An engineering supervision and control unit shall bear joint liability of Article 36 Construction project production safety management must adhere Article 37 Construction project design shall conform to the construction Article 38 A building construction enterprise shall work out Article 39 A building construction enterprise shall take such measures A building construction enterprise shall take safety protection measures Article 40 The construction unit shall provide the building construction Article 41 The building construction enterprise shall abide by the Article 42 A construction unit shall, pursuant to the relevant state (1) need of temporarily occupying sites beyond the approved planned (2) possibility of damaging such public facilities as roads, pipes and (3) need of temporary suspension of water supply, electricity supply and (4) need to conduct explosion operations; and (5) other circumstances requiring going through the formalities of Article 43 The competent department of construction administration Article 44 A building construction enterprise must, in accordance with The legal representative of a building construction enterprise shall be Article 45 The building construction enterprise shall be responsible Article 46 Building construction enterprises shall establish and Article 47 Building construction enterprises and their personnel shall, Article 48 Building construction enterprises must insure workers and Article 49 In restoration or rehabilitation project involving the main Article 50 Dismantling of houses shall be undertaken by building Article 51 In the event of an accident in the process of construction, Article 52 The quality of survey, design and construction of a State standards relating to safety in construction projects shall be Article 53 The State practises the quality system authentication system Article 54 No construction unit shall, with whatever reasons, ask the The building design unit and building construction enterprise shall Article 55 For a construction project under general contract, the Article 56 The survey and design units of a construction project shall Article 57 No building design unit shall designate manufacturers or Article 58 The building construction enterprise shall be responsible for The building construction enterprise must proceed with the construction Article 59 The building construction enterprise must carry out Article 60 A building must ensure the quality of its ground foundation No such quality flaws as leakage, seepage and cracks in roofs and on Article 61 A construction project handed over for completion acceptance A construction project may only be handed over for use upon passing the Article 62 Construction projects practise the quality warranty system. The scope of warranty of a construction project shall include the Article 63 Any unit or individual has the right to report to, file a Article 64 For construction on one's own without obtaining a building Article 65 In the case of the contract issuing unit issuing contracts For contracting a project beyond the human quality grade of the unit, Contracting a project without obtaining the human quality certificate For obtainment of the human quality certificate by fraud, the human Article 66 Any building construction enterprise that transfers or Article 67 Any contracting unit that subcontracts its contracted project Any contracting unit having committed the illegal act of the preceding Article 68 Whoever seeks bribes, accepts bribes or gives bribes In addition to the penalties prescribed in the preceding paragraph, Article 69 Any project supervision and control unit that acts in Any project supervision and control unit that transfers its supervision Article 70 Any construction of a restoration and rehabilitation project Article 71 Any building construction enterprise that fails to take Managerial staff of a building construction enterprise giving command Article 72 Any construction unit that asks the building design unit or Article 73 Any building design unit that fails to design in accordance Article 74 Any building construction enterprise that does shoddy work Article 75 Any building construction enterprise that fails to fulfil Article 76 The administrative penalties of ordering suspension of For any unit whose human quality certificate is revoked pursuant to the Article 77 Any organ that issues a human quality certificate of a said Article 78 Any functionary of the government and its subordinate Article 79 Any department and its functionaries responsible for the Article 80 Any party that suffers from damage due to substandard Article 81 The provisions of this Law relating to the building permit, Article 82 The departments of construction administration and other Article 83 Reference shall be made to this Law in governing building Rehabilitation and restoration of memorial buildings and ancient This Law shall not apply to building operations of rescue and disaster Article 84 Specific control measures for building operations of military Article 85 This Law shall enter into force as of March 1, 1998.
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Chapter I General Provisions
administration over building operations, maintaining order in the construction
market, ensuring the quality and safety of construction projects and promoting
the sound development of the building industry.
and in the exercise of supervision and administration over building operations
within the territory of the People's Republic of China.
types of housing and the construction of their ancillary facilities as well
as their matching installation operations of wiring, piping and equipment.
of construction projects and ensure that they are in conformity with the
state safety standards for construction projects.
supports scientific and technological research in construction to improve
the levels in the design of housing construction, encourages energy economy
and environmental protection, encourages adoption of advanced technologies,
advanced equipment, advanced techniques and new building materials and
modern mode of management.
be adhered to, and public interest of society and the legitimate rights and
interests of others shall not be infringed upon.
conducted in accordance with law.
the State Council exercises uniform supervision and administration over
building operations nationwide.
Chapter II Building Permit
of a construction project, apply to the competent department of construction
administration of the people's government at or above the county level of the
place wherein the project is to be located for a building permit pursuant to
the relevant state provisions; however, the below-ceiling small projects
determined by the competent department of construction administration under
the State Council are exceptions.
has been approved pursuant to the terms of reference and procedures prescribed
by the State Council shall no longer obtain a building permit.
terms:
said construction project;
project in an urban planning zone;
demolition and shifting conforming to the requirements of construction;
requirements for construction;
15 days from the date of receipt of an application, issue a building permit
for the application which conforms to the terms.
months from the date of acquisition of the building permit. For inability to
start the construction in time due to unforeseen reasons, an application for
extension shall be filed with the permit-issuing organ; the extension shall
be limited to two times, and each time shall not exceed three months. The
building permit shall be automatically annulled in the case of a construction
project which neither gets started nor applies for extension, or which has
exceeded the time limit for extension.
under construction due to unforeseen reasons, the construction unit shall,
within one month from the date of suspension of the construction, submit
a report to the permit-issuing organ and carry out maintenance and
administration of the construction project in accordance with rules.
construction project resumes construction; prior to resumption of construction
of a construction project whose construction has been suspended for a year,
the construction unit shall submit a report to the permit-issuing organ for
the verification and examination of the building permit.
construction due to unforeseen reasons, a construction project the report for
the start of construction of which has been approved pursuant to the relevant
provisions of the State Council shall submit a report to the approval
authority in time on the situation. For inability to start construction in
time exceeding six months due to unforeseen reasons, formalities for the
approval of the report for the start of construction shall be completed again.
units and project supervision units engaging in building operations shall
have the following qualifications:
operations commensurate with the building operations engaged in;
operations; and
units and project supervision units engaging in building operations shall be
classified into different grades of human quality in accordance with such
human quality qualifications as the registered capital, specialized technical
personnel, technical equipment in their possession and achievements in
construction projects completed, and may engage in building operations within
the scope permitted by their respective human quality grades on acquisition of
the corresponding grade human quality certificates upon passing human quality
examination.
operations shall obtain corresponding qualification certificates for
operations in accordance with law and engage in building operations
within the scope permitted by the qualification certificates for operations.
Chapter III Construction Project Contract Issuance and Contracting
construction project shall conclude a contract in writing according to law
expressly defining the rights and obligations of the parties.
fulfil the obligations agreed in the contract. The party that fails to
fulfil the obligations pursuant to the agreement in the contract shall bear
the liability for the breach of the agreement according to law.
issuance and contracting of a construction project shall follow the principle
of openness, fairness and equal competition and the contracting unit shall
be selected on merit.
projects not prescribed by this Law, provisions of laws relating to invitation
to tender and bidding of the tender shall apply.
in the contract issuance of a construction project, accept bribes and
commissions or seek other benefits.
means as offering bribes, commissions or giving other benefits to the
contract issuing unit and its staff members to contract the project.
relevant state provisions, be agreed upon by the contract issuing unit
and the contracting unit in the contract. For a construction project with
invitation to open tender, the agreement on its cost shall abide by the
provisions of laws on invitation to tender and bidding.
contract, make allocations for the project in time.
invitation to tender in accordance with law; those construction projects
not suitable for contract issuance by invitation to tender may adopt direct
contract issuance.
the contract issuing unit shall, pursuant to the legal procedures and mode,
publish a tender notice providing tender documents carrying such contents as
major technical requirements of the project open to tender, main articles of
the contract, standards and methods of bid evaluation as well as procedures of
bid opening, bid evaluation and bid finalization.
the tender document. Evaluation and comparison of bid proposals shall be
carried out pursuant to the standards and procedures for bid evaluation
prescribed in the tender document after the bids are opened, and selection
of the winning bidder made from among bidders with corresponding human quality
qualifications on merit.
construction project open to tender shall be organized and carried out
by the construction unit according to law and subject to the supervision
of the competent administrative departments concerned.
through tender, the contract issuing unit shall award the contract of the
construction project to the contracting unit winning the bid in accordance
with law. For a construction project following direct contract issuance,
the contract issuing unit shall award the contract of the construction
project to the contracting unit with corresponding human quality
qualifications.
abuse their administrative powers in restricting contract issuing units
in awarding contracts of construction projects following contract issuance
through tenders to designated contracting units.
encouraged and dismemberment of contract issuance of construction projects
shall be prohibited.
the contract of surveying, design, construction and equipment procurement
of the construction project to a general contracting unit of the project.
It may also award one item or several items of surveying, design, construction
and equipment procurement of the construction project to a general contracting
unit of the project; however, it shall not dismember a construction project
which should be completed by one single contracting unit into several parts
for awarding contracts to several contracting units.
and equipment to be procured by the contracting unit of the project pursuant
to the agreement in the contract, the contract issuing unit shall not
designate the contracting unit in the procurement of building materials,
building structural pieces and parts and equipment for the project, nor
shall it designate the manufacturers and suppliers of the same.
projects with human quality certificates obtained in accordance with law and
within the business scope permitted by their human quality grades.
projects beyond the business scope permitted by their respective human quality
grades or in the name of other building construction enterprises in any form.
Building construction enterprises shall be prohibited to permit in any form
other units or individuals in the use of their human quality certificates,
business licences to contract projects in the name of their respective
enterprises.
complex structures may be jointly contracted by more than two contracting
units. Parties to the joint contract shall bear joint responsibilities in
the implementation of the contract.
human quality grades, the project shall be contracted in accordance with
the business scope granted to the unit with lower human quality grade.
contracted by the contracting unit shall be prohibited. Subcontracting to
others in the name of subcontracting after dismemberment of the entire
construction project contracted by the contracting unit shall be prohibited.
award contracts of parts of the contracted project to subcontracting units
with corresponding human quality qualifications; however, except for the
subcontracting agreed upon in the general contracting contract,
acknowledgement of the construction unit shall be obtained. In the case of
general contracting of construction, construction of the main structure of the
construction project must be completed by the general contracting unit itself.
the agreement in the general contracting contract, be responsible to the
construction unit; subcontracting units shall, pursuant to the agreement in
the subcontracts, be responsible to the general contractor. The general
contracting unit and subcontracting units shall bear joint responsibility
to the construction unit in respect of the subcontracted projects.
to units with no corresponding human quality qualifications. The
subcontracting unit shall be prohibited to re-subcontract the project it
has contracted.
Chapter IV Construction Project Supervision and Control
control system.
control of construction projects.
supervision and control shall entrust the supervision and control with
an engineering supervision and control unit with corresponding human quality
qualifications. The construction unit and its entrusted engineering
supervision and control unit shall conclude a contract for entrustment of
supervision and control in writing.
to the laws, administrative regulations as well as relevant technical
standards, design documents and the construction project contractual contract,
exercise supervision over the contracting unit in construction quality,
construction schedule and use of construction funds on behalf of the
construction unit.
enterprise to make corrections when they hold that construction of the
project does not conform to engineering design requirements, construction
technical standards and agreement in the contract.
in conformity with construction project quality standards or quality
requirements agreed in the contract, report to the construction unit to
ask the design unit to make corrections.
supervision and control over the construction project, notify the building
construction enterprise to be put under supervision and control in writing
of the entrusted engineering supervision and control unit, the contents of
supervision and control and terms of reference in supervision and control.
engineering supervision and control business within the scope of supervision
and control permitted for its human quality grade.
the entrustment of the construction unit, conduct the missions of supervision
and control objectively and fairly.
of the project under supervision and control as well as supply units of
building materials, building structural pieces and parts and equipment shall
not have subordinate relationship or other relations of interest.
its engineering supervision and control business.
corresponding liability of compensation in the case of failure to fulfil
the obligations of supervision and control agreed in the contract of
entrustment of supervision and control, not carrying out inspection or
carrying out inspection not in accordance with the provisions over items
which should have been put under supervision and inspection, thus causing
losses to the construction unit.
compensation with the contracting unit for collusion in gaining illegal
interests for the contracting unit thus causing losses to the construction
unit.
Chapter V Construction Production Safety Management
to the policy of safety first and prevention first, establish and perfect the
responsibility system of production safety and the system of prevention and
treatment by the masses.
safety procedures and technical standards formulated in accordance with
state provisions to ensure the safety performance of the project.
corresponding safety technical measures according to the characteristics of
the construction project in the compilation of design for construction
organization; for speciality-intensive items of the project, design for
special-purpose safety construction organization shall be compiled and
safety technical measures taken.
as the maintenance of safety, precautions against danger and fire prevention
at the construction site; where there are the required conditions,
construction site closed management shall be followed.
in the case of the construction site causing possible damage to its adjoining
buildings, structures or special operational environment.
enterprise with the relevant information on underground piping and wiring
of the construction site, and the building construction enterprise shall
take measures for their protection.
provisions of the laws and regulations relating to environmental protection
and safety in production and take control and disposal measures at the
construction site of various kinds of dust, waste gas, waste water, solid
waste as well as noise, vibration polluting and damaging the environment.
provisions, go through the formalities of application for approval in case
of any of the following circumstances:
scope;
cables, electricity, postal service and telecommunications;
suspension of road traffic;
application for approval as prescribed by laws and regulations.
shall be responsible for the administration of construction safety in
production and subject to the guidance and supervision of the competent
department of labour in construction safety in production in accordance
with law.
law, strengthen construction safety production management, implement the
safety production responsibility system and take effective measures to prevent
casualties and other accidents in safety production from taking place.
responsible for the safety in production of the enterprise.
for the construction site safety. The general contracting unit shall be
responsible for the construction site safety of the project under general
contract for construction. Subcontracting units shall be responsible to
the general contracting unit and subordinate themselves to the management
of the general contracting unit for construction site safety in production.
perfect the educational and training system of safety in labour and
production, step up the education and training of workers and staff members in
safety in production; no personnel without undergoing education and training
in safety in production shall take up posts in operations.
in the process of construction, abide by the laws and regulations relating to
safety in production and safety regulations and procedures of the building
industry, and shall not give command in contravention of regulations or
operate in contravention of regulations. Operators have the right to put
forth suggestions for improvement with regard to the operational procedures
and operational conditions adversely affecting physical health and have the
right to obtain protective gear necessary for safety in production. Operators
have the right to make criticism, report the case of and file charges against
acts endangering lives, safety and physical health.
staff members engaging in dangerous operations against accidental injuries
and pay the insurance premium.
body of the building and changes in the weight-bearing structure, the
construction unit shall, prior to the construction, entrust the original
design unit or a design unit with corresponding human quality qualifications
to put forth a design proposal; where there is no design proposal, no
construction shall be undertaken.
construction units with conditions to ensure safety and the person-in-charge
of the building construction units shall be responsible for the safety.
the building construction enterprise shall take emergency measures to reduce
casualties of personnel and losses caused by the accident, and submit a report
in time to the departments concerned pursuant to relevant state provisions.
Chapter VI Construction Project Quality Control
construction project must conform to the requirements of state safety
standards relating to construction projects. Specific control measures
shall be formulated by the State Council.
revised in time when they are unable to adapt to the requirements of ensuring
safety in building.
with respect to units engaging in building operations. Units engaging in
building operations may, in accordance with the principle of voluntarism,
apply for quality system authentication to authentication agencies
acknowledged by the department of product quality supervision administration
under the State Council or by the authorized departments of the department of
product quality supervision administration under the State Council.
Authentication agencies shall issue quality system authentication certificates
to those having qualified for the authentication.
building design unit or building construction enterprise to lower the
project quality in project design or construction operations in violation of
the laws, administrative regulations and quality and safety standards of
construction projects.
reject the requests of the construction unit for lowering the project quality
in violation of the provisions of the preceding paragraph.
general contracting unit shall be responsible for the project quality.
In the case of the general contracting unit subcontracting out the
construction project to other units, the former shall bear joint
responsibility with the subcontracting units of the quality of the
subcontracted projects. The subcontracting units shall subject themselves
to the quality control of the general contracting unit.
be responsible for the quality of their survey and design. Survey and design
documents shall conform to the provisions of relevant laws and administrative
regulations and construction project quality and safety standards and
technical standards for construction project survey and design as well as
the agreement in the contract. Such technical indexes as the specifications,
types and characteristics of building materials, building structural pieces
and parts and equipment selected in the design documents shall be annotated
and their quality requirements shall conform to the standards prescribed by
the state.
suppliers of the building materials, building structural pieces and parts and
equipment selected in the design documents.
the construction quality of a project.
in accordance with the project design drawings and construction technical
standards and shall not do shoddy work and use inferior materials. The
original design unit shall be responsible for revisions in the project
design and the building construction enterprise shall not revise the project
design on its own.
inspections over the building materials, building structural pieces and parts
and equipment in accordance with the requirements of the project design,
construction technical standards and agreement in the contract and shall
not use those that fail to pass the inspection.
project and the main part of the structure within its life expectancy of
rational use.
wall surfaces shall remain upon completion of a construction project; the
building construction enterprise shall repair the quality flaws discovered.
checks must conform to the prescribed construction project quality standards,
have complete project technical and economic information and signed project
warranty, and have qualified other conditions for completion prescribed by
the state.
acceptance checks; no construction project shall be handed over for use
without going through the acceptance checks or passing the acceptance
checks.
ground foundation project, main part structural project, roof waterproof
project and other civil engineering projects as well as installation
projects of electrical wiring and water piping and drainage and projects
of the heating and cooling systems; the duration of warranty shall be
determined in accordance with the principle of ensuring the normal use of
the building within its rational life expectancy and safeguarding the
legitimate rights and interests of the user. Specific warranty scope and
minimum warranty duration shall be laid down by the State Council.
charge or lodge a complaint with the competent department of construction
administration or other departments concerned about quality accidents and
quality flaws of construction projects.
Chapter VII Legal Liability
permit or without obtaining approval of the report for the start of
construction in violation of the provisions of this Law, an order shall be
issued for making corrections; that which does not conform to the conditions
for the start of construction shall be ordered to stop construction and
may be imposed a fine.
of a construction project to contracting units without corresponding human
quality qualifications or issuing contracts of a construction project after
dismemberment in violation of the provisions of this Law, the violator shall
be ordered to make a rectification and imposed a fine.
the violator shall be ordered to stop the illegal act and imposed a fine,
it may be ordered to suspend operations for consolidation and lower its
human quality grade; where the circumstances are serious, its human quality
certificate shall be revoked; where there are illegal gains, they shall be
confiscated.
shall be banned and imposed a fine; where there are illegal gains, they
shall be confiscated.
quality certificate shall be revoked and a fine imposed; where a crime has
been constituted, criminal liability shall be investigated according to law.
lends its human quality certificate or permits others to contract a project
in the name of the enterprise in other forms shall be ordered to make a
rectification, its illegal gains shall be confiscated and a fine imposed,
and may be ordered to suspend operations for consolidation and lower its human
quality grade; where the circumstances are serious, the human quality
certificate shall be revoked. For losses caused by non-compliance with the
prescribed quality standards to the said contracted project, the building
construction enterprise and the unit or individual using the name of the
enterprise shall share joint responsibility for compensation.
or subcontracts it in violation of the provisions of this Law shall be
ordered to make a rectification, its illegal gains shall be confiscated,
and a fine imposed, may be ordered to suspend operations for consolidation and
lower its human quality grade; where the circumstances are serious, the
human quality certificate shall be revoked.
paragraph shall share joint responsibility for compensation with the unit
accepting subcontract or the subcontracting unit for losses caused by
non-compliance with the prescribed quality standards to the subcontracted
project or the illegally subcontracted project.
in issuing contract of a project or contracting a project shall, if a crime
has been constituted, be investigated of criminal liability; where a crime has
not been constituted, fines shall be imposed separately, property of bribes
confiscated, and sanctions imposed on the person-in-charge held directly
responsible and other persons directly responsible.
any contracting unit that gives bribes in the contracting of a project
may be ordered to suspend operations for consolidation, lower its human
quality grade or its human quality certificate shall be revoked.
collusion with the construction unit or building construction enterprise,
practising fraud and lowering project quality shall be ordered to make a
rectification, imposed a fine and its human quality grade shall be lowered
or the human quality certificate revoked; where there are illegal gains,
they shall be confiscated; where losses have been caused, joint
responsibility for compensation shall be borne; where a crime has been
constituted, criminal liability shall be investigated according to law.
and control business shall be ordered to make a rectification, confiscated
of its illegal gains, may be ordered to suspend operations for consolidation
and lower its human quality grade; where the circumstances are serious, the
human quality certificate shall be revoked.
without authorization involving the main part of a building or changes in
the weight-bearing structure in violation of the provisions of this Law
shall be ordered to make a rectification and imposed a fine; where losses
have been caused, liability for compensation shall be borne; where a
crime has been constituted, criminal liability shall be investigated
according to law.
measures to eliminate the hidden causes of safety accidents in construction
in violation of the provisions of this Law shall be ordered to make a
rectification and may be imposed a fine; where the circumstances are serious,
it shall be ordered to suspend operations for consolidation and lower its
human quality grade or its human quality certificate shall be revoked; where
a crime has been constituted, criminal liability shall be investigated
according to law.
in contravention of regulations and forcibly ordering workers and staff
members to engage in operations in the face of dangers thereby leading to
an accident of heavy casualties or causing other serious consequences
shall be investigated of the criminal liability according to law.
building construction enterprise to lower project quality in contravention
of construction project quality and safety standards in violation of the
provisions of this Law shall be ordered to make a rectification and may be
imposed a fine; where a crime has been constituted, criminal liability shall
be investigated according to law.
with construction project quality and safety standards shall be ordered to
make a rectification and imposed a fine; the unit that has caused an
accident in project quality shall be ordered to suspend operations for
consolidation, lower its human quality grade or its human quality certificate
shall be revoked, the illegal gains confiscated and a fine imposed; where
losses have been caused, liability for compensation shall be borne; where
a crime has been constituted, criminal liability shall be investigated
according to law.
and uses inferior materials in construction, uses substandard building
materials, building structural pieces and parts and equipment, or has any
other acts of construction not in accordance with the project design drawings
or construction technical standards shall be ordered to make a rectification
and imposed a fine; where the circumstances are serious, it shall be ordered
to suspend operations for consolidation and lower its human quality grade
or its human quality certificate shall be revoked; the unit that has caused
non-compliance with the prescribed quality standards of the quality of a
construction project shall be responsible for its reconstruction and repair
and the compensation of the losses caused therefrom; where a crime has been
constituted, criminal liability shall be investigated according to law.
its obligations of warranty or delays to fulfil its obligations of warranty
in violation of the provisions of this Law shall be ordered to make a
rectification, may be imposed a fine, and shall bear the liability of
compensation for the losses caused by such quality flaws as leakage and
seepage in roofs and on wall surfaces during the warranty period.
operations for consolidation, lowering the human quality grade and revoking
the human quality certificate prescribed in this Law shall be decided upon
by the human quality certificate issuing organ; other administrative penalties
shall be decided upon by the competent department of construction
administration or the departments concerned in accordance with laws and
the terms of reference prescribed by the State Council.
provisions of this Law, its business licence shall be revoked by the
department of industry and commerce administration.
grade to a unit which does not have the corresponding human quality
qualifications in violation of the provisions of this Law shall be ordered
by the organ at its next higher level to withdraw the human quality
certificate issued and administrative sanctions shall be imposed on the
person-in-charge held directly responsible and other persons directly
responsible; where a crime has been constituted, criminal liability shall
be investigated according to law.
departments who, in violation of the provisions of this Law, restricts the
contract issuing unit in issuing the contract of a project open to invitation
to tender for contracting to the designated contracting unit shall be ordered
by the organ at the next higher level to make a rectification; where a crime
has been constituted, criminal liability shall be investigated according to
law.
issuance of construction project building permits which issue a building
permit to a construction project that fails to meet the requirements for
construction, any department and its functionaries responsible for project
quality supervision and inspection or acceptance checks on completion of
construction that issue a quality qualification document to or complete
the acceptance checks as a qualified project of a substandard construction
project shall be ordered by the organ at the next higher level to make a
rectification, and administrative sanctions shall be imposed on
persons held responsible; where a crime has been constituted, criminal
liability shall be investigated according to law; where losses have been
caused, the said department shall bear corresponding liability of
compensation.
quality of a construction project within the life expectancy of rational use
of the construction project has the right to claim compensation from the
person held responsible.
Chapter VIII Supplementary Provisions
building construction enterprise human quality examination and construction
project contract issuance and contracting and prohibition of subcontracting
as well as construction project supervision and control and construction
project safety and quality control apply to building operations of other
specialized construction projects. The specific measures shall be formulated
by the State Council.
departments concerned shall not collect fees other than those to be collected
pursuant to the relevant provisions of the State Council in the exercise of
supervision and control over building operations.
operations of small housing construction projects determined by people's
governments of provinces, autonomous regions and municipalities directly
under the Central Government.
architecture legally verified as protection sites of cultural relics shall
be carried out pursuant to the relevant laws on cultural relics protection.
relief and other temporary housing construction and peasants' self-constructed
low-storey residences.
housing construction projects shall be formulated by the State Council and
the Central Military Commission pursuant to this Law.
URL: http://www.asianlii.org/cn/legis/cen/laws/cl192