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Regulations
of Shenzhen Special Economic Zone |
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on
the Quality of Construction Works
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(Adopted at the
Twenty-fourth Meeting of the Standing Committee of the First
Shenzhen People' s
Congress on August 4, 1994 and revised in
accordance with Resolution
on Revising Article 58 of Regulations of Shenzhen Special
Economic Zone on the Quality
of Construction Works which was
adopted at the Nineteenth Meeting of the Standing Committee of
the Second Shenzhen People'
s Congress on December 17, 1997)
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Chapter
I General Provisions
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Article 1 In order to strengthen the supervision and administration of the quality
of construction works (hereinafter referred
to as "works" ),
define the responsibility for the quality of works, ensure the
quality of works,
and protect the public interests and the
rights and interests of all the parties of the construction
works, these regulations are hereby formulated.
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Article 2 These regulations shall apply to house building, civil engineering,
installation of equipments, laying of pipelines
in the Shenzhen
Special Economic Zone (hereinafter referred to as "Special
Zone" ).
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Article 3 The quality of works referred to in these regulations shall mean the
comprehensive requirements for the features
of the works as well
as for the properties of the building materials, structural
components and
fittings, and equipments used in the works such
as their safety, suitability, cost-saving, beauty, etc. which
are provided for by law, regulations, rules, technological
standards, approved design documents,
and contracts made
according to law.
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Article 4 The Special Zone shall establish an administration system of the quality
of works based on government supervision,
construction
superintendence, and enterprise self-responsibility.
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The government shall encourage the adoption of scientific
management and advanced technology to enhance the quality
of
works. The works of good quality shall be given awards.
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Article 5 The administrative department in charge of construction in the Shenzhen
Municipal People' s Government (hereinafter
referred to as
"the municipal responsible department" ) shall exercise
unified supervision and
administration of the quality of the
whole city' s works.
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The administrative department in charge of construction
in a district people' s government (hereinafter referred
to as
"the district responsible department" ) shall exercise
supervision and administration of
the quality of the works under
the district jurisdiction.
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Article 6 The user has the right to report the quality problem, inquire of the
units in charge of construction, design and
works, or inform the
municipal, district responsible departments (hereinafter
referred to as "the
responsible departments). The responsible
departments and the related departments shall take the
responsibility to deal with the matter.
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Article 7 The responsible departments and the administrative departments related to
supervision and administration of the
quality of works shall
fulfill duties according to law and exercise supervision and
administration
of the quality of works rigorously.
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Chapter
II Supervision and Administration
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Article 8 The municipal responsible department shall have the following principal
duties in supervision and administration
of the quality of
works:
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(1)
to
examine the qualifications of the units of survey, design,
construction work, superintendence,
inspection and lump
contractor, and to exercise professional supervision over the
quality;
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(2)
to
direct and supervise the work of the agencies engaged in
supervision and
inspection of the quality of works (hereinafter referred to as
"quality supervision agencies"
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(3)
to
supervise and inspect the sites of works;
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(4)
to
punish the acts in violation of the rules concerning the quality
of works and to deal with accidents
of the quality of works;
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(5)
to
organize the check and acceptance of completed works and grading
of the quality of works;
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(6)
to
organize competition for the title of works of good quality
through evaluation and selection;
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(7)
to
spread new structures, new materials, new technology, new
techniques which are helpful in enhancing
the quality of works.
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District
responsible departments shall fulfill the duties of Items (2),
(3), (4), (5) and (7) of
the above section.
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Article 9 The Special Zone shall have a supervision system of the quality of works,
under which quality supervision agencies
shall exercise specific
supervision and administration of the quality of works.
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A quality supervision agency shall, under the leadership
of the responsible department at the same level, fulfill
the
following duties on behalf of the responsible department:
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(1)
to
participate in examination of the works' organization and
design or the construction work plan,
and to supervise units of
survey, design, construction work, and production of structural
components
and fittings in order to make sure that they follow
the technological standards strictly;
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(2)
to
conduct selective quality inspection on the sites of works under
construction;
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(3)
to
be responsible for the check and acceptance of covered works;
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(4)
to
assess the grade of works quality;
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(5)
to
participate in the check and acceptance of completed works and
the selection of works of good
quality;
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(6)
to
coordinate settlements of disputes about the quality of works
and participate in dealing with
accidents of the quality of
works;
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(7)
in
case of violation of the rules concerning the quality of works,
to order stopping construction
and making a correction by a
deadline, and to report to the responsible department for
punishment;
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(8)
to
participate in quality assessments for new structures, new
materials, new technology, and new
techniques.
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Article 10
Only after passing the responsible department' s examination
and obtaining an endorsement (quantitative
attestation) from the
laboratory of the administrative department in charge of
technological supervision,
according to the rules of the state,
shall a quality supervision agency be allowed to conduct
supervision
and administration of the quality of works.
Supervisors and inspectors of the quality of works shall fill
their posts after passing the responsible department' s
examination and obtaining certificates for their
posts.
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Article 11
Quality supervision agencies shall be responsible for
determining whose responsibilities of the
quality of works, and
the result of their determination may be used as a basis for
mediation and
punishment.
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Article 12
Both a unit of construction and a unit of production of
structural components and fittings shall
go to a quality
supervision agency to apply for supervision of the quality of
works, provide related
information, and accept quality
supervision fourteen days before the unit of construction files
an application for a permit to start construction and the unit
of production goes to operation.
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Within
7 days after receiving an application for supervision, a quality
supervision agency shall
assign a quality supervisor for the
works or the project, and notify the supervised unit in writing.
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As
for the works which have not complied with the formalities for
supervision of the quality of
works, the responsible department
shall not issue a permit for starting construction.
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Chapter
III The Quality Responsibilities of A Unit of Construction and A
Unit of Supervision
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Part
I. The quality responsibilities of a unit of construction
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Article 13
A unit of construction shall, in accordance with works'
features and technological requirements,
select units of survey,
design, and construction work with appropriate levels of
qualifications
according to related rules, and sign contracts
according to law. The contracts shall have quality-related
articles or sections to define quality responsibilities.
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If a single project needs several units of design or construction work, who is the lump
contractor unit shall be made clear.
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Article 14
Before starting construction work, a unit of construction shall
apply for a permit to do so, and
entrust a unit of
superintendence with the task to superintend construction; after
completing the
works, the unit of construction shall promptly
apply to the responsible department for the check and acceptance
of completed works.
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When entrusting a unit of superintendence, a unit of
construction shall sign a superintendence contract with a unit
of superintendence to make clear both parties'
responsibilities, rights and obligations.
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Article 15
A unit of construction shall provide conditions, according to
contracts, for units of survey, design,
construction work,
superintendence to discharge the contracts. If a quality
accident takes place
because of the unit of construction, it
shall assume corresponding responsibilities itself.
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Article 16
The quality of building materials, structural components and
fittings, and equipments supplied
by a unit of construction
according to the contract of works shall meet the requirements
for the
quality of works provided by related law, regulations,
rules, technological standards, and design documents. The
unit
of construction shall be held responsible for the quality of the
building materials, structural
components and fittings, and
equipments it has provided.
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Article 17
Without authorization, a unit of housing development shall not
lower the requirements for the quality
of works provided by
approved design documents, its houses for sale shall meet the
requirements
for use, and directions for use, maintenance and
safeguards shall be provided. If there is a quality problem, the
unit shall be responsible for repairing within the term of
warranty stipulated by these regulations.
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Part
II. The Quality Responsibilities of A Unit of Superintendence
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Article 18
A unit of superintendence shall undertake superintendence in
accordance with its level of qualifications,
scope of
superintendence, and contract of superintendence with a unit of
construction, engage in
quality management on behalf of the unit
of construction. It shall be forbidden to undertake
superintendence
without a certificate or beyond its level of
qualifications.
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Article 19
A unit of superintendence shall be neither units of
construction, equipment manufacturing, and
materials supplying
for its superintended works, nor partner of these units, and
have no subordinate
relationship with them; the personnel of
superintendence shall have neither business relations nor other
common interests with units of construction, equipment
manufacturing, and materials supplying for their
superintended
works.
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Article 20
A unit of superintendence shall, in accordance with a contract
of superintendence, assign the staff
appropriate for the
professional superintendence to conduct the superintendence over
the entire
process of construction, the main tasks of
superintendence include:
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(1)
to
check the qualifications and the scope of business activities of
the works' units of survey,
design, construction, production
of building components and fittings;
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(2)
to
examine documents of survey and design, to organize units of
design and construction in explaining
the real intention of a
design and having a joint check-up of blueprints;
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(3)
to
conduct a check-up of the works' organizational arrangements
and technical plan, to supervise
and urge the unit of
construction to establish a sound quality guarantee system;
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(4)
to
examine post certificates of the works' management personnel
and skilled workers, to supervise
the unit of construction to do
its work according to the blueprints and to check the
construction
behavior;
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(5)
to
be responsible for organizing a countersign to acknowledge the
receipt of building materials,
components and fittings,
equipments upon their arrival in worksites and also a
countersign to acknowledge
the check and acceptance of covered
projects;
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(6)
to
organize preliminary inspection of completed works;
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(7)
to
supervise and urge maintenance and return inspection of works;
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(8)
to
fulfill the other duties stipulated by a contract of
superintendence.
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Article
21
If there is any doubt about the quality of building
materials,components and fittings, and equipments
used in works,
a unit of superintendence shall have the right to do inspection
at any time.
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Article 22
A unit of superintendence shall fulfill its duties seriously, it
shall have the right to take preventive
measures or to report to
the unit of construction if there is any quality problem being
found in
fulfilling its duties; any act found in violation of
law shall be reported to the responsible department or quality
supervision agency and it shall be dealt with according to law.
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Chapter IV The Quality Responsibilities of
Units of Survey, Design, Construction, and Production or Supply
of Building Materials, Components and Fittings, and Equipments
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Part
I. The Quality Responsibilities of
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Units of Survey and
Design
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Article
23
Units of survey, design shall undertake their professional work
according to their qualification
level and their range of
business, be responsible for the quality of documents completed
by them
for survey and design. It shall be forbidden to
undertake tasks of survey, design without certificate or beyond
the qualification level without approval.
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Article
24
A countersign system of examination and verification of
documents of survey and design shall be
established. Documents
of survey and design shall have signatures of personnel of
survey and design,
go through proofreading, examining and
verifying with signatures of approvers, and be sealed before
they are officially delivered. It shall be forbidden to loan,
transfer a qualification certificate or provide
a seal, stamped
signature to other units and individuals.
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Article
25
Documents of survey and design shall meet the following basic
requirements:
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(1)
they shall comply with the related laws, regulations,
rules, technological standards, and the stipulations of design
task manuals and contracts;
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(2)
they shall make an authentic report on engineering
geology and hydrogeology, evaluation shall be accurate and data
shall be reliable;
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(3)
they shall meet the technological requirements of
corresponding stages of design, there shall be a complete set of
working drawings, details shall be clear, and marks shall be
distinct and complete;
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(4)
the specifications, types, properties, colors of building
materials, components and fittings, and equipments selected
in
designing shall be made clear, but production firms shall not be
assigned.
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Article
26
Documents of survey and design shall be reported, according to
rules, to a corresponding responsible
department for checking
and approval before they are implemented. After documents of
design are
put in effect for construction, any unit or
individual shall not alter the design if there is no agreement
of the original design unit and there is no approval from the
department in charge of checking approval
of design after a
report has been filed according to rules.
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Article
27
Units of survey, design shall participate in a joint checkup of
blueprints, make a good exposition
of real intentions in terms
of technology, and take part in the check and acceptance of
foundations,
main structures and completed works.
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A unit of design shall appoint design representatives in
residence to the construction sites of major and medium-sized
projects, superhigh buildings, and the works adopting new
technology and new structures.
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Part
II. The Quality Responsibilities of A Unit of Construction Work
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Article
28
A unit of construction work shall undertake works according to
its level of qualifications, be
responsible for the quality of
its completed works. It shall be forbidden to do construction
without
certificate or to contract a project beyond the
qualification level.
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Article
29
For a project of lump contract, a lump contractor unit shall be
responsible for the quality of
the entire works and the
maintenance after the works have been completed and put to use;
subcontractor
units shall be responsible, according to their
subcontracts, to the lump contractor unit for the quality of
subcontracted works.
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Article
30
A unit of construction work shall establish a sound system of
quality guarantee, strengthen the
quality management of works,
conduct construction in strict compliance with standards and
norms,
and set up an internal system of quality
responsibilities. The legal representative of the unit shall be
fully responsible for the quality of construction.
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Article
31
A unit of construction work shall strengthen on-the-job training
of its workers; project managers,
worksite constructors, staff
in charge of materials, quality inspectors, and skilled workers
shall
be required to pass training examinations and to obtain
post certificates before taking up a post. It shall be forbidden
to employ untrained workers.
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Article
32
A unit of construction work shall have full-time quality
inspectors, test division or test staff.
No one shall interfere
with the staff of quality inspection and test in fulfilling
their duties
according to law.
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Article
33
Building materials, components and fittings, and equipments to
be used in construction shall be
sent, according to rules, to
laboratories with certificate of technological qualifications to
be
tested in order to be put to use only after passing the
tests. Imported building materials, components and fittings,
and
equipments shall meet the related standards set by the state and
have commodity inspection
certificates issued by commodity
inspection departments.
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A unit of construction work shall establish a system of
joint examination and acceptance of building materials,
components and fittings, and equipments upon their arrival in
worksites, when arriving, equipments
and primary building
materials, components and fittings shall go through the joint
examination
and acceptance done by staff in charge of materials,
engineers and technicians, and people in charge of
superintendence. If there is no unified standard for the
examination and acceptance, comparative selection
by testing
shall be conducted.
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Article
34
If a unit of construction work has an quality accident of works,
it shall report the accident,
according to rules, to a
responsible department and related departments.
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Article
35
Before any works are completed, a unit of construction work
shall follow the specific stipulations
of design drawing, put a
permanent mark on the building to state the title of the project
as well
as the names of units of construction, design,
construction work, superintendence, and also the date.
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Article
36
A unit of construction work shall establish a data base of
technological information archives,
and appoint full-time
archivists to collect, sort out, and preserve information of
permanently
completed works and their drawings.
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Article
37
Before any works are put to use, a unit of construction work
shall sign a warranty on repairing;
within the term of warranty,
regular return inspections shall be conducted for users, if
there
is a failure to meet the quality standard, return
repairing shall be done in time.
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Part
III. The Quality Responsibilities of Units of Production and
Supply of Building Materials,
Components and Fittings, and
Equipments
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Article 38
Units of production and supply of building materials, components
and fittings, and equipments shall
strictly comply with Product
Quality Law of People' s Republic of China, establish a
sound system of quality guarantee, and be responsible for the
quality of products
made or supplied by them.
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Article 39
Units of production and supply of building materials, components
and fittings, and equipments shall
satisfy appropriate
requirements for production, technology, and equipments,
establish divisions
of quality inspection and test, provide
necessary staff and equipments for such inspection and test. If
there is lack of resources to set up a test division, a
qualified test institution shall be entrusted with
responsibilities of inspection and test.
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Article 40
Building materials, components and fittings, and equipments
shall satisfy the following basic requirements
when they are
delivered by producing firms and supplied to users;
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(1)
their
quality shall meet the standards set by law, regulations, rules,
and technological criteria
as well as the requirements
stipulated by design documents and supply contracts;
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(2)
they
shall have product inspection certificates, manuals and related
technological information including
written description of
product specifications, type, properties, date of production,
term of preservation,
series number of inspection, the name of
firm, address, telephone number, standard number, etc.;
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(3)
the
forms of product packing and trade mark shall meet the
requirements of related rules set by
the state and technological
standards;
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(4)
equipments
(including instruments and meters) shall have detailed manuals
on how to use them, and
electric appliances shall be attached
with circuit diagrams;
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(5)
products
which are required to have a permit of production or a quality
attestation mark shall have
the permit of production or the
number of quality attestation and the term of validity.
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Chapter
V Examination and Acceptance of Completed Works
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Article
41
Completed works shall satisfy the following requirements:
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(1)
all the contents specified by the works design and
contract have been completed;
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(2)
installed equipments have successfully gone through the
testing operation and met the requirements for use;
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(3)
all the items of fire control project have been
completed;
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(4)
a full set of technological files and a drawing of the
completed works are made available.
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The
works which do not meet the above requirements shall not be
allowed to apply for the examination
and acceptance of completed
works.
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Article
42
After completing any works, a unit of construction work shall
submit a handing-over report, according
to rules, to the unit of
construction, the unit of construction or the unit of
superintendence
shall organize the unit of design, the unit of
construction work to conduct a preliminary examination and
acceptance, if this examination has been passed, a report shall
be filed to a
quality supervision agency for checking; after the checking has
been passed, the unit of construction
shall submit a report to a
responsible department to apply for the examination and
acceptance of
the completed works.
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Article
43
Within 5 days after receiving a report to apply for the
examination and acceptance of completed
works, the responsible
department shall notify the department of land planning in
writing to do
the examination and acceptance of the planning and
design of the works, notify the departments of public security
and firefighting in writing to do the examination and acceptance
of the fire control system of
the works, notify the department
of labor in writing to do the examination and acceptance of the
facilities of the works such as elevators, etc., and organize
the units of quality supervision, construction,
superintendence,
design, construction work, urban construction archives, etc. to
do the examination
and acceptance of civil engineering parts of
the works. As for the examination and acceptance of the projects
of environmental protection, fuel gas pipelines, etc., the
responsible department shall organize
related professional
departments to do it.
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The examination and acceptance conducted by the
above-mentioned departments shall be completed within 20 days
after receiving application reports or notices. After completing
the examination and acceptance, the
departments of land
planning, public security, firefighting, and labor shall submit
their result
reports to the responsible department in 5 days.
The responsible unit shall grade the quality of the works in 10
days after receiving the results of the examination and
acceptance.
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Article
44
For the works which have failed in passing the examination and
acceptance, the responsible department
shall order that the unit
of construction make rectification by a deadline or
reconstruction before
reapplying for the examination and
acceptance; for the works which have passed the examination and
acceptance, the responsible department shall issue, in a unified
way, a certificate of the examination and acceptance
of
completed works which will be used by the unit of construction
to apply for property registration.
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Without a certificate of the examination and acceptance
of completed works issued by the responsible department,
the
department of property registration shall not process such
registration.
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Article
45
The examination and acceptance of completed works shall be based
on the state standards, industrial
standards, the results of
inspection and test on the worksite, and technological
information effective
in the process of construction work.
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The works which have not gone through or failed in
passing the examination and acceptance shall not be put to use.
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Chapter
VI Return Repairing of Works and Compensation Liability
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Article
46
Units of construction, survey, design, construction work,
superintendence, production and supply
of building materials,
components and fittings, and equipments shall assume civil
liabilities for
the quality defects of works in accordance with
these regulations and the terms of contract.
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Quality defects referred to in these regulations shall
mean that works do not meet the quality requirements of laws,
regulations, rules, technological criteria, design documents,
and contracts.
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Article
47
A unit of construction work shall be held responsible for
repairing if the quality defects of works
take place within the
term of warranty. The term of warranty of works shall mean the
following
periods of time from the date of handing over the
works for use:
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(1)
1 year for civil engineering works of civil and public
buildings, ordinary industrial buildings, and structures,
and 3
years for the works of waterproof roofs;
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(2)
6 months for works of installing electric wires, upward
and downward water pipes of a building;
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(3)
one heating or cooling season for heating or cooling
system of a building;
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(4)
1 year for outdoor upward and downward water pipes, the
roads of residential quarters, and municipal works;
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(5)
as for equipments, electric installations, instruments,
industrial pipeline, and other works of industrial buildings,
their terms of warranty shall be specified by a unit of
construction and a unit of construction
work in their contract.
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Article
48
From the date when a unit of construction work has received a
notice of repairing according to
warranty, it shall send its
people to the worksite in 10 days and discuss with the unit of
construction
on how to do return repairing. If the people of the
unit of construction work have failed in arriving on the
worksite by the deadline, the unit of construction shall have
the right to do repairing itself, the
resultant cost shall be
assumed according to Article 49 of these regulations. If the
delay of repairing
by the unit of construction work without
reason has increased damage, the unit of construction work shall
be held liable for compensation for the increased damage.
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Article
49
If there are quality defects taking place after the handing-over
of works which have passed the
examination and acceptance, the
cost of repairing and other civil liabilities shall be bore
according
to the following rules:
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(1)
if the quality defects are caused by a mistaken survey
provided by a unit of survey, the unit shall refund part or
the
total of survey fee, and pay for the repairing cost also;
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(2)
if the quality defects are caused by design, the unit of
design shall refund part or the total of design fee, and
pay for
the repairing cost also;
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(3)
if the quality defects are caused by a unit of
construction work which did not follow law, regulations, rules,
technological criteria and design documents in its work, the
unit shall be held responsible for return
repairing without
charge, and make compensation for economic damage which has been
done to the
unit of construction because of the extension of the
works' term for completion;
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(4)
if the quality defects are caused by building materials,
components and fittings, and equipments which do not meet
the
quality standard, the unit of purchase shall be held liable for
compensation, the related units
of supply, production shall be
held for joint civil liability for product warranty, guaranteed
exchange, guaranteed return, and compensation for damage, etc.;
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(5)
if the quality defects are caused by a unit of
construction, the unit shall be responsible itself;
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(6)
if the quality defects are caused by improper use, users
themselves shall be responsible;
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(7)
if the quality defects are caused by the negligence of a
unit of superintendence, the unit shall refund part or the
total
of superintendence fee, and be held liable for corresponding
compensation;
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(8)
if the quality defects are caused by mistakes data
provided by a unit of inspection and test, the unit shall refund
twice as much as its inspection and test fee; if the quality
defects are caused by the forged data
of inspection and test or
test results, the unit of inspection and test shall be held for
joint
liability for compensation.
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If
the quality defects are caused by force majeure such as
earthquake, flood, typhoon, etc. which
go beyond the capacity of
designed protection, the units of design, construction work
shall not
be held liable for compensation.
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If the quality defects are caused by the mistakes made by
more than two units, these units shall be held responsible
for
repairing cost and other civil liabilities according to their
respective responsibilities.
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Article
50
If the quality defects of works have caused personal injury or
other property damage, the party
responsible for the quality
defects shall be held liable for compensation.
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Article
51
Civil disputes over responsibilities for quality defects shall
be settled through negotiations
by parties concerned; if the
negotiations have failed, an application may be filed to a
responsible
department for mediation; if the mediation has no
effect, the parties may apply to related arbitration
institutions for arbitration according to a written agreement
reached by both parties, or file a civil suit
to the people' s
court.
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Chapter
VII Provisions of Punishment
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Article
52 The disciplinary sanctions
specified in this chapter except for those already stipulated by
these
regulations shall be taken by responsible departments
according to their authorities and jurisdictions.
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Article 53
In case of violation of these regulations, any unit of
construction shall be punished for one of
the following acts:
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(1)
for
failure in complying with the rules to entrust appropriate units
of survey, design, construction
work, superintendence with
business, the unit of construction shall be given an order to
terminate
entrustments and imposed on a fine of more than 50,000
but less than 100,000 RMB;
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(2)
for
starting construction without applying to a responsible
department for a permit, the unit shall
be given an order to
stop construction and comply with the formalities by a deadline,
and imposed
on a fine of 2%
of the total cost of works;
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(3)
for
lowering the quality requirements of approved design documents
for the works without authorization,
the unit shall be given an
order to rectify and imposed on a fine of more than 50,000 but
less
than 100,000 RMB;
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(4)
for
forcing a unit of construction work to use substandard materials
that have affected the quality
of works, the unit of
construction shall be given an order to stop its illegal acts
and imposed
on a fine of 2% of the total cost of works; directly
responsible persons shall be imposed on a fine of more than
30,000 but less than 50,000 RMB;
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(5)
for
unauthorized using of the works which have not gone through or
have failed in the examination
and acceptance, the unit shall be
given an order to stop using and imposed on a fine of more than
50,000 but less than 100,000 RMB.
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If
a unit of housing development has taken one of the above acts,
in addition tothe above-mentioned
punishments, the responsible
department of real estate may be asked to lower the unit' s
level
of qualification, revoke its qualification certificate.
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Article 54
In case of violation of these regulations, any unit of survey,
design shall be punished for one
of the following acts:
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(1)
for
undertaking design, survey without certificate or beyond its
level of qualification without
approval, the unit shall be given
an order to stop its illegal acts, have all the design fee,
survey
fee confiscated, and be imposed on a fine of more than
50,000 but less than 100,000 RMB for each case;
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(2)
for
loaning, transferring its qualification certificates or
providing its seal, stamped signature
for other units or
individuals, the unit of survey, design shall be given an order
to stop its
illegal acts and imposed on a fine of 50,000 RMB;
depending on the state of the case, the unit' s level of
qualification may be lowered, and its registration certificate
may be revoked;
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(3)
for
causing a serious quality accident by mistakes in design or
survey, a fine of three to five
times as much as survey fee or
design fee shall be imposed, the unit' s level of qualification
shall be lowered; the registration certificate shall be revoked
if the case is serious; directly responsible persons
shall be
imposed on a fine of more than 30,000 but less than 50,000 RMB.
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Article
55 In case of violation of these regulations, any unit of construction work
shall be punished for one of the following
acts:
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(1)
for
undertaking construction work without certificate or beyond its
level of qualification, the
unit shall be given an order to stop
its illegal acts and imposed on a fine of 2% of the contracted
amount of works;
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(2)
for
doing shoddy work and using inferior materials, replacing good
materials by substandard ones,
and resorting to deception, the
unit shall be given an order to stop its illegal acts
immediately,
to rectify until the works satisfy the requirements
of design, and imposed on a fine of 5% to 10% of the contracted
amount of the works; its qualification level shall be lowered;
if the case is serious, the registration
certificate shall be
revoked; directly responsible persons shall be imposed on a fine
of more than
50,000 but less than 100,000 RMB;
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(3)
for
causing a serious quality accident of the works by construction,
the unit shall be criticized
by a circular notice, imposed on a
fine of 1% to 2% of the contracted amount of the works;
depending
on the state of the case, the unit may be stopped
temporarily from construction bidding, its qualification level
may be lowered, and the registration certificate may be revoked;
directly responsible persons shall
be imposed on a fine of more
than 20,000 but less than 50,000 RMB;
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(4)
for
rejecting the quality supervision and inspection by government
or refusing to provide information,
a fine of 10,000 RMB shall
be imposed;
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(5)
for
reporting a serious quality accident of the works after the
deadline, a fine of 10,000 RMB shall
be imposed; if there is
concealing and failure to report, a fine of 20,000 RMB shall be
imposed.
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Article
56 In case of violation of these regulations, any unit of superintendence
shall be punished for one of the following
acts:
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(1)
for
undertaking superintendence of works without certificate or
beyond its level of qualification,
the unit shall be given an
order to stop its illegal acts, have its superintendence fee
confiscated,
and be imposed on a fine of the amount of
superintendence fee;
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(2)
for
the failure to fulfill its duties of superintendence seriously
and the negligence of its responsibilities
that have affected
the quality of works, the unit shall be imposed on a fine of
more than 30,000
but less than 50,000 RMB, have its
qualification level lowered; for being in malicious collusion
with a unit of construction work to do damage to a unit of
construction and have effects on the quality as a result,
the
unit of superintendence shall be imposed on a fine of more than
50,000 but less than 100,000
RMB, have its qualification level
lowered, its registration certificate revoked depending on the
state of the case; directly responsible persons shall be imposed
on a fine of more than 20,000 but less than 50,000
RMB.
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Article
57 If a unit of production of building components and fittings has not
applied to a quality supervision agency for
supervision, it
shall be given an order to comply with the formalities by a
deadline, and imposed
on a fine of 10,000 RMB as well.
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If units of production and supply of building materials,
components and fittings, and equipments, in violation of
these
regulations, have used forged certificates to deceive users or
allowed substandard products
to be delivered, they shall be
handed over to related departments to be investigated and dealt
with according to law.
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Article 58
If a unit of inspection and test has forged data of inspection
and test, and test results, or undertaken
professional tasks of
inspection and test without legal qualification from other
units, it shall
be given an order to stop its illegal acts, have
all the inspection and test fee confiscated, be imposed on a
fine of ten times as much as the inspection and test fee; if the
case is serious, stopping production
and stopping business shall
be ordered for rectification; directly responsible persons shall
be
imposed on a fine of more than 30,000 but less than 50,000
RMB.
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Article 59
If anyone engaged in the examination and acceptance of completed
works, quality
supervision, and the check and approval of design has failed to
fulfill duties, neglected
responsibilities, abused power,
practiced favoritism and engaged in irregularities to such a
degree
that quality defects or a serious quality accident of
works take place as a result, the related departments shall
ascertain administrative responsibilities.
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Article 60
In case of violation of these regulations to constitute a crime
according to criminal law, judicial
offices shall ascertain the
criminal responsibilities of directly responsible persons
according
to law.
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Article 61
A fine imposed on a responsible unit shall be paid from the
punished unit' s self-provided fund,
and it shall not be
calculated as part of cost; a fine imposed on a responsible
person shall be
the liability of the punished person, and it
shall not be paid by the unit instead. All the income from fines
shall be turned over by the responsible departments to the
department of finance at the same government
level.
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Article 62
If a party concerned refuses to accept a sanction by the
district responsible department, an application
for review may
be filed to the municipal responsible department within 15 days
from the date of
receiving the notice of sanction decision; if a
party concerned refuses to accept a sanction by the municipal
responsible department, an application for review may be filed
to the office of administrative review
of the Shenzhen Municipal
People' s Government within 15 days from the date of receiving
the notice
of sanction decision.
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If a party concerned refuses to accept a review by the
office of administrative review of the Shenzhen Municipal
People' s Government, a suit may be brought to the people' s
court within 15 days from the date
of receiving the notice of
review decision. A party concerned may also directly bring a
suit to
the people' s court within 15 days from the date of
receiving the notice of sanction decision.
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During the period of time of applying for review and
bringing a suit, a party concerned shall implement the original
decision of disciplinary sanction. If a party concerned has not
applied for review after the deadline
or has neither brought a
suit nor implemented the sanction by the responsible department,
the responsible
department may apply to the people' s court for
compulsive enforcement.
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Chapter
VIII Supplementary Provisions
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Article
63
The Shenzhen Municipal People' s Government may formulate
separate individual measures of implementation
according to
these regulations.
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Article
64
These regulations shall take effect as of October 1, 1994.
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If
any related rules implemented in the past in the Special Zone
are in conflict with these regulations,
these regulations shall
be taken as the standard. |
