|
(Promulgated on August 1, 2003 by Decree No. 6 of the Shanghai
Municipal People' s Government)
The Municipal People' s Government decides to revise the "Interim Procedures of
Shanghai Municipality on the Administration of Construction
Project
Supervision" as follows:
1. Clause 1 of Article 21 is changed
to:
Project-owner-units shall entrust supervisory units to conduct
supervision over the following construction projects:
(1) Key construction
projects of the State and this Municipality;
(2) Large and medium-sized
public utility projects;
(3) Projects of residential quarters developed and
constructed in stretches;
(4) Projects utilizing loans or aid funds from
foreign governments or international organizations;
(5) Other projects
subject to supervision as stipulated by the State and the Municipal People' s
Government.
2. Clause 3 of Article 22 is changed to:
For supervision
service of construction projects, a supervisory unit may be chosen through
public bidding. But for the construction
project subject to public bidding for
supervision service according to law, the project-owner-unit shall select a
supervisory unit
through public bidding.
3. Article 34 is changed
to:
Anyone who does any of the following acts in violation of the provisions
of these Procedures, shall be ordered by the SMOABI or the
district/county
construction administrative department to make correction, or to make correction
within a time limit, and shall
be penalized according to the following
provisions:
(1) A supervisory engineer who concurrently works in two or more
than two supervisory units, or undertakes supervisory service of
construction
project in his or her own name shall be given a warning and may be cumulatively
penalized with a fine of between not
less than 5000 yuan and not more than 30000
yuan;
(2) A domestic supervisory unit that without approval, conducts
supervision in cooperation with organizations of project management
of building
activity from Hong Kong Special Administrative Region, Macao Special
Administrative Region, Taiwan region or foreign
countries shall be given a
warning, and may be cumulatively penalized with a fine of between not less than
5000 yuan and not more
than 30000 yuan.
Anyone who does any of the following
acts in violation of the provisions of these Procedures, shall be penalized by
the SMOABI or
the district/county construction administrative department in
accordance with the provisions of the "Construction Law of the People'
s Republic
of China," the "Public bidding Law of the People' s Republic of
China," the "Regulations on Administration of Construction
Project Quality" and
the "Regulations of Shanghai Municipality on Administration of Building
Market" :
(1) Conducting supervision service of construction projects or
corresponding services in this Municipality without acquiring a qualification
certificate, a permit or a supervisory engineer' s practicing qualification
certificate;
(2) A supervisory unit that undertakes supervision service of
construction projects beyond its qualification grade and its business
scope,
transfers supervision service or colludes with the contractor unit of the
construction project under supervision, practises
fraud, lowers the quality
standard of construction project or accepts supervision entrustment of the
project-owner-unit, while
having relationships of affiliation, operational
service or other interests with the contractor unit of the construction project
or with the supplier unit of building materials, structural components and
equipment;
(3) Failure to entrust the supervision of a construction project
that is subject to supervision;
(4) The project-owner-unit entrusts the
supervision service of a construction project to a project supervision unit that
does not
have the corresponding qualification grade;
(5) For a construction
project that should conduct public bidding for supervision service according to
law, the project-owner-unit
fails to select a supervisory unit through public
bidding.
4. Other changes:
"Shanghai Municipal Construction Commission" in
Article 4 is changed to "Shanghai Municipal Construction and Administration
Commission."
"Hong Kong Special Administrative Region, Macao" , "Hong Kong
Special Administrative Region and Macao" in Article 14 and "Hong Kong
Special
Administrative Region, Macao" in Clause 1 of Article 30 shall all be changed
to "Hong Kong Special Administrative Region,
Macao Special Administrative
Region" .
The "Interim Procedures of Shanghai Municipality on the
Administration of Construction Project Supervision" shall be revised in
accordance with this Decision with the wording of part of the articles
readjusted accordingly, and shall be re-promulgated.
This Decision shall
become effective on September 1, 2003.
|
