Article 3 the Ministry of housing and urban rural development shall exercise unified supervision and Administration over the identification, investigation and punishment of violations of contract awarding and contracting of construction projects throughout the country.
Article 9 The term “affiliated” as mentioned in these Measures refers to the act of units or individuals contracting projects in the name of other qualified construction units.
Article 1 In order to standardize the identification, investigation and management of illegal acts in construction contracting and contracting activities, ensure project quality and construction safety, effectively curb illegal acts in contracting and contracting activities, and maintain the order of the construction market and the legitimate rights and interests of major participants in construction projects, according to the construction law of the people’s Republic of China and the bidding law of the people’s Republic of China Contract law of the people’s Republic of China, regulations on quality management of construction projects, regulations on safety production management of construction projects, regulations on the implementation of the bidding law of the people’s Republic of China and other laws and regulations, and Opinions of the legal work committee of the National People’s Congress on whether the project undertaken by the parent company of the construction enterprise is subcontracted by the subsidiary and the application of law during the two-year prosecution period of administrative punishment (fgbf [2017] No.
More than two units form a consortium to contract the project, which is agreed in the consortium division of labor agreement or in the actual implementation of the project, one party of the consortium does not carry out construction and does not pay for the project Where construction activities are organized and managed, and management fees or other similar fees are collected from other parties of the consortium, it shall be deemed that one party of the consortium subcontracts the contracted project to other parties of the consortium.
Article 5 the illegal contract awarding mentioned in these Measures refers to the construction unit awarding the project to individuals or units without corresponding qualifications, dismembering the contract awarding, contract awarding in violation of legal procedures and other acts in violation of laws and regulations Article 6 any of the following circumstances shall be regarded as illegal contract awarding: (1) the construction unit contracts the project to an individual; (2) the construction unit contracts the project to a unit without corresponding qualifications; (3) it shall invite public bidding according to law but fails to invite public bidding or contract awarding in accordance with legal bidding procedures; (4) The construction unit sets unreasonable bidding conditions to restrict or exclude potential bidders or bidders; £¨ Article 7 The term “subcontracting” as mentioned in these Measures refers to that the contractor, after contracting the project, fails to perform the responsibilities and obligations agreed in the contract, transfers all the contracted projects or dismembers all the contracted projects to other units or organizations in the name of subcontracting Article 8 any of the following circumstances shall be deemed as subcontracting, unless there is evidence to prove that it is affiliated or other illegal acts: (1) the contractor transfers all the contracted projects to other units (including the case where the parent company transfers the contracted projects to a subsidiary with independent legal personality after undertaking the construction projects) Or individual construction; (2) the contractor dismembers all the contracted projects and transfers them to other units or individuals for construction in the name of subcontracting; (3) The general contractor or professional contractor has not assigned project leader, technical leader, quality management leader, safety management leader and other key management personnel, or one or more of the assigned project leader, technical leader, quality management leader and safety management leader has not signed a labor contract with the construction unit and has not established labor wages and social pension Insurance relationship, or the dispatched project leader fails to organize and manage the construction activities of the project, and is unable to make a reasonable explanation and provide corresponding certificates; £¨ The main building materials, components, fittings and engineering equipment purchased by the contractor or the leased construction machinery and equipment agreed in the contract are purchased and leased by other units or individuals, or the construction unit is unable to provide relevant certificates such as purchase, lease contracts and invoices, and can not make a comprehensive interpretation and provide corresponding certificates; (V) The scope of contracting by the professional operation contractor is all the projects contracted by the contractor, and the professional operation contractor calculates all the project price other than the “management fee” paid to the contractor; (6) the contractor directly or in a disguised form transfers all the contracted projects to other units or individuals for construction in the form or name of cooperation, joint venture, individual contracting, etc; （7） The employer of a professional project is not the general contractor or professional contractor of the project, except that the construction unit is the employer in accordance with the contract; (8) the employer of professional operation is not the contractor of the project; (9) There is no relationship between the subjects of the construction contract and the receipt and payment of the project funds, or the contractor transfers the funds to other units and individuals after receiving the funds, and it is unable to make a reasonable explanation and provide material proof.
Except for the situation that it is unable to inform the informant, it shall timely inform the informant of the investigation results..
The illegal acts of contracting and contracting referred to in these measures specifically refer to illegal acts such as illegal contracting, subcontracting, illegal subcontracting and affiliation.
223) These measures are formulated in combination with the practice of construction activities.
Article 12 illegal subcontracting refers to one of the following circumstances: (1) The contractor subcontracts the contracted project to individuals; (2) the general construction contractor or professional contractor subcontracts the project to units without corresponding qualifications; (3) the general construction contractor subcontracts the construction of the main structure of the project within the scope of the general construction contract to other units, except for the steel structure project; (4) A professional subcontractor subcontracts the non labor operation part of the professional project it has contracted; (5) a professional operation contractor subcontracts its contracted labor services; (6) Article 13 Any unit or individual that finds illegal contract awarding, subcontracting, subcontracting and affiliation may report to the competent department of housing and urban rural development of the people’s government at or above the county level where the project is located.
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The competent department of housing and urban rural development receiving the report shall accept, investigate, identify and deal with it according to law.
County level The competent departments of housing and urban rural development of the above local people’s governments shall, within the scope of their duties, be specifically responsible for the identification, investigation and punishment of illegal acts of contracting and contracting construction projects within their respective administrative regions.
Article 2 the construction projects mentioned in these Measures refer to housing construction and municipal infrastructure projects and their ancillary facilities, as well as their supporting lines, pipelines and equipment installation projects.
Article 4 construction units and contractors shall strictly abide by law The contract shall be signed to clarify the rights, obligations and responsibilities of both parties, and illegal contract awarding, subcontracting, subcontracting and affiliation are strictly prohibited to ensure the project quality and construction safety.
The term “contracting projects” as mentioned in the preceding paragraph includes participating in bidding and bidding Article 10 any of the following circumstances shall be affiliated: (1) a unit or individual without qualification borrows the qualifications of other construction units to contract a project; (2) Qualified construction units borrow qualifications from each other to undertake projects, including those with low qualification level, those with high qualification level, those with high qualification level, those with low qualification level, and those with the same qualification level; (III) subparagraphs (III) to (IX) of paragraph 1 of Article 8 of these measures Article 11 the illegal subcontracting mentioned in these Measures refers to the act that the contractor subcontracts the unit works or divisional and subdivisional works to other units or individuals for construction in violation of laws and regulations after contracting the project.
