The Interim Measures for the record management of the completion acceptance of housing construction projects and municipal infrastructure projects the Interim Measures for the record management of the completion acceptance of housing construction projects and municipal infrastructure projects, which were adopted at the 22nd executive meeting of the Ministry on April 4, 2000, are hereby promulgated and shall come into force as of the date of promulgation
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Minister Yu Zhengsheng April 7, 2000 Interim Measures for the administration of the record of the completion acceptance of housing construction projects and municipal infrastructure projects Article 1 in order to strengthen housing construction projects and municipal infrastructure projects These measures are formulated in accordance with the regulations on quality management of construction projects
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Article 2 These Measures shall be applicable to the completion acceptance record of all kinds of housing construction projects and municipal infrastructure projects newly built, expanded and rebuilt within the territory of the people’s Republic of China
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Article 3 the construction administrative department of the State Council shall be responsible for the record management of the completion acceptance of housing construction projects and municipal infrastructure projects (hereinafter referred to as projects)
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The construction administrative department of the local people’s government at or above the county level shall be responsible for the record management of the completion acceptance of the projects within its administrative region
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Article 4 the construction unit shall, within 15 days from the date when the project is completed and accepted as qualified, report to the construction administrative department of the local people’s government at or above the county level (hereinafter referred to as the record keeping organ) for the record in accordance with the provisions of these measures
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Article 5 a construction unit shall submit the following documents when handling the record of project completion acceptance: (1) record form of project completion acceptance; (2) report of project completion acceptance
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The completion acceptance report shall include the date of project construction application, construction license number, review opinions on construction drawing design documents, quality qualification documents signed by survey, design, construction and project supervision units, original completion acceptance documents signed by acceptance personnel, relevant quality inspection and functional test data of municipal infrastructure, and relevant documents deemed necessary by the filing authority Materials; (3) approval documents or permission documents required by laws and administrative regulations to be issued by planning, public security fire protection, environmental protection and other departments; (4) engineering quality warranty signed by construction unit; (5) other documents required by laws and regulations
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Commercial housing should also submit “residential quality assurance” and “residential user’s Manual”
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Article 6 after receiving the completion acceptance filing documents submitted by the construction unit and verifying that the documents are complete, the filing authority shall sign on the completion acceptance filing form to receive the documents
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The project completion acceptance record form is made in duplicate, one is kept by the construction unit, and the other is kept by the filing authority for filing
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Article 7 the project quality supervision organization shall submit the project quality supervision report to the record keeping organ within 5 days from the date of project completion acceptance
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Article 8 if the record keeping organ discovers that the construction unit has violated the relevant state regulations on the quality management of construction projects in the process of completion acceptance, it shall order it to stop using and reorganize the completion acceptance within 15 days after receiving the record documents of completion acceptance
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Article 9 If a construction unit fails to go through the record of project completion acceptance within 15 days from the date of project completion acceptance, the record keeping organ shall order it to make corrections within a time limit and impose a fine of not less than 200000 yuan but not more than 300000 yuan
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Article 10 if a construction unit uses a project whose completion acceptance has been reorganized by the filing authority without authorization before the completion acceptance is reorganized, the filing authority shall order it to stop using the project and impose a fine of not less than 2% but not more than 4% of the project contract price
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Article 11 If a construction unit uses false certification documents to handle the project completion acceptance filing, the project completion acceptance shall be invalid, and the filing authority shall order it to stop using, reorganize the completion acceptance, and impose a fine of not less than 200000 yuan but not more than 500000 yuan; if the case constitutes a crime, it shall be investigated for criminal responsibility according to law
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Article 12 If the construction unit has put the project into use before the record keeping organ decides to reorganize the completion acceptance and order it to stop using, or the construction unit continues to use the project without authorization, thus causing losses to the users, the construction unit shall be liable for compensation according to law
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Article 13 if the completion acceptance filing documents are complete and the filing organ and its staff fail to go through the filing procedures, the relevant organ shall order them to make corrections and give administrative sanctions to the person directly responsible
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Article 14 these measures are not applicable to emergency and disaster relief projects, temporary housing construction projects and low rise housing projects built by farmers themselves
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Article 15 the record of completion acceptance of military housing construction projects shall be carried out in accordance with the relevant provisions of the Central Military Commission
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Article 16 the construction administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the central government may formulate detailed rules for implementation in accordance with these measures
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Article 17 the administrative department of construction under the State Council shall be responsible for the interpretation of these measures
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Article 18 These Measures shall come into force as of the date of promulgation
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Related reading: [industry nation building] Construction Law of the people’s Republic of China [2019] [industry nation building (construction)] construction project quality management regulations [2019] [industry nation building (construction)] construction project safety production management regulations [2004] interpretation of the Supreme People’s Court on applicable legal issues in trial of construction contract dispute cases (I) Welcome to pay attention, share, like and collect
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Yang Tao’s lawyer’s practice license No.: 14401201910118223 master’s degree, member of China law society, director of Gansu chamber of Commerce in Guangdong Province, member of the “one belt and one road” lawyer alliance
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He successively worked in Beijing Guantao Zhongmao (Guangzhou) law firm, Guangdong Guanghong Holding Co., Ltd., Guangdong Nanguo Desai law firm and other units, and served as deputy director of legal affairs and securities affairs of listed state-owned enterprise Guangdong Guanghong Holding Co., Ltd
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during 2017
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He is a full time lawyer with Chinese mainland lawyer practice license, qualification through securities and private equity fund qualification, and is familiar with civil litigation business, securities, private placement, enterprise compliance management and other professional legal matters
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Areas of expertise: equity acquisition and merger legal affairs, shareholder investment disputes, sales and leasing contract disputes, loan (financing) disputes, labor disputes, intellectual property disputes, housing sales and leasing disputes, construction contract disputes, road traffic accident liability disputes, personal injury disputes, company law (including listed companies, state-owned enterprises, domestic and foreign funded companies) Legal advisory services, professional legal issues of asset mortgage and pledge, professional legal issues of bond issue and stock issue, reform of state-owned enterprises and other legal issues
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Service content: legal training, legal consultation, lawyer witness, legal opinion, contract formulation or review, lawyer letter, litigation case agent, non litigation special legal adviser (including but not limited to partnership / cooperation matters, entrusted management / operation, enterprise establishment / change / cancellation, house sale / lease, construction project special adviser, non-performing assets transfer)..
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