Regulation on the Quality Management of Construction Projects (2019 Revision)

Regulation on the Quality Management of Construction Projects (2019 Revision) Regulation on the Quality Management of Construction Projects (Promulgated by the Order No. 279 of the State Council on January 30, 2000; amended for the first time 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, and amended for the second time in accordance with the Decision of the State Council to Amend Some Administrative Regulations by Order No. 714 of the State Council on April 23, 2019) Chapter I General Provisions Article 1 For the purposes of strengthening the management of construction project quality, ensuring the quality of construction projects and protecting the safety of people's lives and property, this Regulation is formulated in accordance with the Construction Law of the People's Republic of China . Article 2 All those engaging in activities of the new construction, expansion, change of construction projects as well as supervision and management of the quality of construction projects shall abide by this Regulation. The construction projects as mentioned in this Regulation refer to the projects of civil construction, construction works, installation of wires, pipelines and equipment, and decoration. Article 3 The construction project owners, survey entities, design entities, construction entities and construction project supervision entities shall be responsible for the quality of construction projects. Article 4 The construction administrative departments of the people's governments at or above the county level shall strengthen the supervision and administration over the quality of construction projects. Article 5 Those engaging activities of construction project shall strictly comply with the fundamental construction procedures and shall stick to the principle of surveying first, then designing and then constructing. No people's government at or above the county level or none of its relevant departments may ratify any construction project by surpassing power or illegally streamline the fundamental construction procedures. Article 6 It is encouraged by the state to take advanced scientific technologies and management methods to enhance the quality of construction projects. Chapter II Responsibilities and Obligations of Construction Project Owners Article 7 A construction project owner shall contract out its project to an entity with the corresponding grade qualification. No construction project owner may contract out a construction project by dividing it into several parts. Article 8 A construction project owner shall invite bids for the survey, design, construction, supervision of a construction project, as well as for the purchase of important equipment and materials relating to the project construction. Article 9 A construction project owner shall provide the entities of survey, design, construction and construction supervision with the original materials relating to the construction project. The original materials shall be authentic, accurate and complete. Article 10 No construction project contracting-out entity may force the contractor to compete for a bid at a price below the cost or arbitrarily cut down the reasonable time period for the construction of the project. No construction project owner may expressly instruct or give hint to the relevant entity to violate the mandatory standards on project construction, and lower the quality of the project. Article 11 The specific measures for the examination of construction drawing design documents shall be developed by the construction administrative department of the State Council and other relevant departments of the State Council. Without examination and approval, no construction drawing design documents may be used. Article 12 For a project to be subject to supervision, the construction project owner shall authorize a project supervisory entity with the corresponding qualification grade to supervise it, or may authorize the project design entity, which has the corresponding project supervision qualification grade but does not have subordination relationship or any other interested relationship with the construction contracting entity, to supervise it. The following construction projects shall be subject to supervision: (1)The key construction projects of the state; (2)The large and medium public utility projects; (3)The construction projects of residential areas developed in vast stretches; (4)The construction projects with loans or aiding funds from foreign governments or international organizations; and (5)Other projects that shall be subject to supervision as provided for by the state. Article 13 Before a construction entity commences construction, it shall undergo project quality supervision formalities in accordance with the relevant provisions of the state, and may undergo project quality supervision formalities together with the construction permit or the commencement report. Article 14 If, under the contractual stipulations, the construction materials, components, fittings and equipment are to be purchased by the construction project owner, it shall ensure that they conform to the design documents and contractual requirements. The construction project owner may not expressly instruct or give hint to the construction entity to use any substandard construction materials, components, fittings and equipment. Article 15 For a decoration project involving the change of the main part and load-bearing structure of the building, the construction project owner shall, prior to the start-up of decoration, entrust the original design entity or another design entity with the corresponding qualification grade to put forward a design scheme. The decoration project shall not be started without a design scheme. No user of a building may, during the course of decoration, illegally change the main part and load-bearing structure of the building. Article 16 After the construction project owner receives a project completion report, it shall organize the entities of design, construction, project supervision, etc. to conduct completion-based check and acceptance. The construction project for completion-based check and acceptance shall satisfy the following conditions: (1) The work included in the relevant design and stipulated in the contract must have been completed; (2) There must be complete technical archives and construction management materials; (3) There must be reports on into-spot tests of major construction materials, components, fittings and equipment used for the construction project; (4) There must be a quality conformity document as signed respectively by the entities of survey, design, construction, supervision, etc.; and (5) There must be a guarantee for the repair of construction project as signed by the construction entity. The construction project shall not be delivered for use unless it has passed the completion-based check. Article 17 The construction project owner shall, in strict accordance with the relevant provisions of the state governing archives, timely gather and arrange the documents and materials formed in various links of the construction project, establish sound archives for the construction project and timely transfer the archives of the construction project to the construction administrative department or other relevant departments. Chapter III Quality Responsibilities and Obligations of the Survey and Design Entities Article 18 An entity engaging in the survey or design of construction projects shall obtain a qualification certificate of the corresponding grade and shall undertake projects within the scope licensed by its qualification grade. It is forbidden for a survey or design entity to undertake any project beyond the scope licensed by its qualification grade or on behalf of any other survey or design entity. It is forbidden for a survey or design entity to allow any other entity or individual to undertake any project on behalf of it. No survey or design entity may sub-contract or illegally contract out any project undertaken by it. Article 19 A survey or design entity shall, in accordance with the mandatory project construction standards, complete the survey or design work and shall be responsible for the quality thereof. The certified architects, certified structural engineers and other certified practitioners shall affix their signatures to the design documents and shall be responsible for these design documents. Article 20 The survey results of geology, measurement, hydrology, etc. provided by the survey entity shall be genuine and accurate. Article 21 The design entity shall complete the design for a construction project on the basis of the documents on the survey results. The design documents shall satisfy the design depth requirements of the state and shall indicate the reasonable use period of the project. Article 22 The specifications, models or performances and other technical indicators of the construction materials, components, fittings and equipment as chosen by the design entity shall be indicated in the design documents and the quality requirements therefor shall conform to the national standards. Except for the specially required construction materials, special equipment and production line, a design entity shall not designate any producer or supplier. Article 23 The design entity shall make detailed explanations to the construction entity about the construction drawing design documents that have passed the examination. Article 24 The design entity shall participate in the analyses of construction project quality accident and shall put forward a corresponding technical settlement plan for any quality accident due to design. Chapter IV Quality Responsibilities and Obligations of the Construction Entity Article 25 A construction entity shall obtain the qualification certificate of the corresponding grade and shall undertake projects within the scope licensed by its qualification grade. It is forbidden for a construction entity to undertake the construction of any project beyond the scope licensed by its qualification grade or on behalf of any other construction entity. It is forbidden for a construction entity to allow any other entity or individual to undertake any project on behalf of it. No construction entity may sub-contract or illegally contract out any project undertaken by it. Article 26 A construction entity shall be responsible for the construction quality of the construction project. The construction entity shall establish a quality responsibility system. It shall determine the project manager, technical manager and head of construction management of a construction project. For the construction project under a general contract, the prime contractor shall be responsible for the quality of the whole construction project. For the construction project survey, design, construction and equipment purchase, if one or several of the aforesaid tasks is/are under a general contract, the prime contracting entity shall be responsible for the quality of the construction project contracted by it or equipment purchased by it. Article 27 If the prime contracting entity contracts out the construction project to another entity in accordance with the law, the subcontracting entity shall, under the contractual stipulations, be responsible for the quality of the project subcontracted by it to the prime contracting entity. The prime contracting entity and the subcontracting entity shall be jointly and severally responsible for the quality of the aforesaid project. Article 28 A construction entity shall carry out the construction according to the project design blueprint and construction technical standards. It shall not illegally modify the project design, nor jerry-build the project. If the construction entity finds, during the process of construction, that there is any error in the design documents and blueprint, it shall put forward its opinions and proposal in a timely manner. Article 29 The construction entity shall, according to the project design requirements, construction technical standards and contractual stipulations, check the construction materials, components, fittings, equipment and commodity concrete. It shall make a written record for the check, which shall be signed by a person specially assign......