Jianjiantong media ID: jianzhong001 on September 11, 2020, the Ministry of housing and urban rural development issued the notice on implementing the primary responsibility of construction unit for project quality
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It is the first time to clarify the connotation of the primary responsibility of the construction unit for project quality, and define the quality responsibility of the construction unit according to law
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Notice of the Ministry of housing and urban rural development on implementing the primary responsibility of the construction unit for project quality (JZG [2020] No.9): Department of housing and urban rural development of all provinces and autonomous regions, municipal housing and urban rural development (Management) Commission, Beijing Municipal Planning and Natural Resources Commission, housing and Urban Rural Development Bureau of Xinjiang production and Construction Corps According to the spirit of the opinions of Kangfa (GBF [2017] No
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19) and the notice of the general office of the State Council Transmitting the guiding opinions of the Ministry of housing and urban rural development on improving the quality assurance system and improving the quality of construction projects (GBH [2019] No
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92), the primary responsibility of the construction unit for project quality is defined and strictly implemented according to law, and the quality level of housing construction and municipal infrastructure projects is continuously improved The following matters are hereby notified as follows: first, we should fully understand the importance of implementing the primary responsibility of the construction quality of the construction units
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Since the eighteen Party Congress, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as the core, the quality level of our projects has been continuously improved, and the quality common problems have been achieved positive results, and the engineering quality accidents have been effectively curbed
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However, China’s project quality responsibility system is not perfect, especially the construction unit’s primary responsibility is not clear, not implemented, there are problems such as violating the basic construction procedures, arbitrarily speeding up the construction period, pressing the cost, defaulting on the project payment, and not performing the quality warranty obligations, which seriously affect the project quality
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As the general leading unit of engineering construction activities, the construction unit undertakes important engineering quality management responsibilities and plays a leading role in ensuring engineering quality
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All localities should fully understand the necessity and importance of strictly implementing the primary responsibility for project quality of construction units, further establish and improve the project quality responsibility system, promote the improvement of project quality, ensure the safety of people’s lives and property, and constantly meet the people’s needs for high-quality projects and a better life
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2、 To accurately grasp and implement the connotation of the primary responsibility of the construction unit for project quality, the construction unit is required to be the first person responsible for project quality and take full responsibility for project quality according to law
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For the losses caused to the owner, user or the third party due to the project quality, the construction unit shall be liable for compensation according to law
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If there are other responsible persons, they can claim compensation from other responsible persons
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The construction unit shall strictly implement the responsibility system of project legal person, start the construction according to law, fully perform the management responsibilities, and ensure that the project quality conforms to the national laws and regulations, the mandatory standards for project construction and the contract agreement
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（1） Strictly implement the legal procedures and contract system
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Construction units should strictly implement the procedures of capital construction and prohibit construction without construction permission
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Strictly implement the laws and regulations of project contracting, contract the project to the survey, design, construction, supervision and other units with corresponding qualifications according to the law, do not dismember the contracted project, appoint subcontractors in violation of regulations, do not directly contract professional subcontracting projects such as premixed concrete, and do not specify that the construction unit shall purchase prefabricated building components and accessories for the project according to the contract Materials and equipment or designated manufacturers and suppliers
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Provide the original data related to the project construction according to the regulations, and ensure that the data are true, accurate and complete
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（2） Ensure reasonable construction period and cost
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The construction unit shall scientifically and reasonably determine the construction period and cost of the project, and shall not blindly rush the construction period and schedule, and shall not force other participating units to simplify the process and reduce the quality standard
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If the survey and design period and construction period stipulated in the contract are adjusted, the relevant expenses shall be adjusted accordingly
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In case of shutdown due to extreme bad weather and other force majeure, heavy pollution weather, guarantee of major activities and other reasons, reasonable compensation for construction period shall be given
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If the contract price needs to be adjusted due to the price change of materials and engineering equipment, it shall be adjusted according to the contract
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Implement high quality and good price, encourage and support the construction units to create quality demonstration projects
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（3） Implementation of construction process settlement
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The construction unit shall have the fund arrangement to meet the construction requirements, and provide the construction unit with project payment guarantee
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The construction contract should stipulate the settlement period of construction process and the settlement method of project progress payment
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In principle, the settlement of project funds shall be completed simultaneously when the acceptance of divisional projects is passed, and the settlement shall not be delayed in disguised form due to design change, project negotiation and other reasons
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Government invested projects shall ensure that funds are paid in place on time in accordance with the relevant provisions of the state, and shall not take the unfinished audit as the reason for delaying the settlement of project funds
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（4） Fully perform quality management responsibilities
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The construction unit shall improve the project quality management system, provide full-time personnel and clarify their quality management responsibilities, and employ professional institutions or personnel if they are not qualified
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Strengthen the quality management of self purchased building materials, components, fittings and equipment in accordance with the contract, and bear the corresponding quality responsibility
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It is not allowed to express or imply that the design and construction units violate the compulsory standards of engineering construction, and it is forbidden to violate the compulsory standards of engineering construction in disguised form in the name of “optimized design”
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Strict quality inspection management, timely and full payment of inspection fees, no illegal reduction of inspection items and quantity entrusted by the construction unit according to law, and the inspection report issued by the inspection organization not entrusted by the construction unit shall not be used as the basis for project quality acceptance
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（5） Strict project completion acceptance
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The construction unit shall timely organize the completion acceptance after receiving the completion report of the project
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Relevant experts may be invited to participate in major projects or technically complex projects, and they shall not be delivered for use without passing the acceptance
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Before the completion acceptance of residential projects, the construction and supervision units should be organized to carry out household acceptance
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If the household acceptance is not organized or the household acceptance is unqualified, the completion acceptance shall not be organized
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Strengthen the project completion acceptance data management, establish quality lifelong responsibility information files, implement the permanent sign system after completion, and strengthen the quality subject responsibility traceability
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3、 To effectively strengthen the quality management of residential projects, all localities should improve the linkage mechanism between the quality of residential projects and market supervision, urge the construction units to strengthen the quality management of projects, strictly fulfill the responsibility of quality warranty, promote the disclosure of quality information, and effectively guarantee the quality of residential projects such as commercial housing and affordable housing projects
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（1） Strictly perform the quality warranty responsibility
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The construction unit shall establish a quality return visit and quality complaint handling mechanism, timely organize the handling of quality problems within the scope and period of warranty, and compensate for the losses caused in advance
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The quality warranty period of the construction unit to the owner of the house shall be calculated from the date of delivery, and the warranty period can be renewed for the parts that have passed the maintenance
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Real estate development enterprises should specify in the commercial housing sales contract that other real estate development enterprises or legal persons with the ability to undertake the quality warranty liability in case of cancellation
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If the real estate development enterprise has not insured the project quality insurance, it should provide the warranty responsibility undertaking materials when applying for the residential project completion acceptance record
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（2） We will strengthen the disclosure of quality information
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Before the commencement of a residential project, the construction unit shall disclose the information of the project planning permission, construction permission, project structure form, design service life, main building materials, participating units and project leaders; before the delivery and use, the construction unit shall disclose the information of the quality commitment, project completion acceptance report, quality warranty leader and contact information
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It is encouraged to organize owners’ open days and invite owners’ representatives and property units to participate in household acceptance
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Try to issue Quality Certificate in sets
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（3） Strengthen the linkage management of project quality and housing pre-sale.
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