Regulation on the Administration of Survey and Design of Construction Projects (2017 Revision)

Regulation on the Administration of Survey and Design of Construction Projects (2017 Revision) Regulation on the Administration of Survey and Design of Construction Projects (Issued by the Order No.293 of the State Council of the People's Republic of China on September 25, 2000, and revised in accordance with the Decision of the State Council on Amending the Regulation on the Administration of Survey and Design of Construction Projects on June 12, 2015; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017) Chapter I General Provisions Article 1 These Regulations are formulated for the purposes of strengthening administration of surveying and designing activities of construction projects, safeguarding the surveying and designing quality of construction projects and protecting human life and property safety. Article 2 Surveying and designing activities of construction projects must comply with these Regulations. The surveying of construction projects as referred to in these Regulations means the activities of ascertaining, analyzing and evaluating the geologic and geographical features of construction sites and the rock-earth conditions for engineering as required by construction projects, and working out the survey documents of construction projects. The designing of construction projects as referred to in these Regulations means the activities of comprehensively analyzing and discussing the conditions such as technology, economy, resources and environment as required by construction projects, and working out the design documents of construction projects. Article 3 The surveying and designing of construction projects shall be suited to the social and economic development and shall seek the integration of economic, social and environmental benefits. Article 4 Surveying and designing activities of construction projects shall conform to the principle of surveying first, designing second and construction last. Article 5 The competent administrative departments for construction and the relevant departments such as for communication and water of the people's governments at or above the county level shall strengthen supervision and control over surveying and designing activities of construction projects in accordance with the provisions of these Regulations. The units for surveying or designing of construction projects must conduct the surveying or designing of construction projects according to law, strictly implement the compulsory standards for construction projects, and shall be responsible for the surveying or designing quality of construction projects. Article 6 The State encourages the use of advanced technologies, process and equipment, new materials and modem management methods in surveying and designing activities of construction projects. Chapter II Qualification Control Article 7 The State applies the qualification control system to the units engaging in surveying or designing activities of construction projects. The specific measures therefor shall be formulated by the competent administrative department for construction of the State Council in consultation with the relevant departments of the State Council. Article 8 The surveying or designing units of construction projects shall contract for the surveying or designing of construction projects within the approved scope of their respective qualifications. The surveying or designing units of construction projects shall be prohibited from contracting for the surveying or designing of construction projects beyond the approved scope of their respective qualifications or in the name of other surveying or designing units. The surveying or designing units of construction projects shall be prohibited from permitting other units or individuals to contract for the surveying or designing of construction projects in their names. Article 9 The State applies the business qualification registration and control system to the professionals engaging in surveying or designing activities of construction projects. Unregistered surveyors and designers of construction projects may not engage in surveying and designing activities of construction projects in the name of the registered practitioner. Article 10 A registered practitioner or any other professional for the surveying or designing of construction projects may be employed only by one surveying or designing unit of construction projects; the practitioner or professional who is not employed by the surveying or designing unit of construction projects may not engage in surveying or designing activities of construction projects. Article 11 The qualification certificate of the surveying or designing units of construction projects and the registration certificate of the practitioners shall be provided by the competent administrative department for construction of the State Council in a unified manner. Chapter III Letting and Undertaking a Contract for Surveying or Designing of a Construction Project Article 12 The contract for surveying or designing of a construction project shall be let through bid or by a direct manner according to law. Article 13 The contract for surveying or designing of a construction project shall be let through bid in accordance with the provisions of the Bid Invitation and Bidding Law of the People's Republic of China . Article 14 A bid for the surveying or designing plan of a construction project shall be assessed comprehensively on the basis of the achievements and reputation of the bidder, the capability of the surveyor or designer and the quality of the surveying or designing plan. Article 15 The caller for the bid for the surveying or designing of a construction project shall choose the bid winner from the candidates recommended by the bidding assessment committee. If the caller believes that the recommendations of the bidding assessment committee cannot meet the requirements specified by the bidding document to the fullest possible extent, the bid shall be called again according to law. Article 16 Upon approval of the relevant competent department, the contract for surveying or designing of the following construction projects may be let by a direct manner: (1) using the particular patent or exclusive technology; (2) requiring a special architectural model; and (3) surveying or designing of other construction projects as specified by the State Council. Article 17 The contract letting party may not let the contract for surveying or designing of a construction project to a surveying or designing unit having no appropriate grade of......