Administrative Measures for the Highway Construction Market (Revised in 2011)
Administrative Measures for the Highway Construction Market (Revised in 2011)
Administrative Measures for the Highway Construction Market (Revised in 2011)
Order of the Ministry of Transport [2011] No.11
November 30, 2011
(Promulgated by the Ministry of Transport on December 21, 2004, and revised in accordance with the Decision on Revising the Administration Measures for the Highway Construction Market issued by Ministry of Transport on November 30, 2011)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Highway Law of the People's Republic of China, Law of the People's Republic of China on Bid Invitation and Bid Tendering, and Regulations on Quality Control of Construction Projects, for the purpose of enhancing administration of the highway construction market, regulating the market order of highway construction, ensuring the quality of highway projects, and promoting the healthy development of the highway construction market.
Article 2 These Measures shall be applicable to the supervision over and administration of highway construction market by the competent departments of communications at all levels.
Article 3 The principle of fairness, justice, openness, and good faith shall be upheld in the highway construction market.
Article 4 The State shall establish and continuously improve a unified, open, competitive, and orderly highway construction market, and prohibit any forms of regional protectionism.
Article 5 Definitions of the terms used in these Measures:
The subjects of highway construction market shall refer to highway construction entities and personnel.
The practicing entities shall refer to the project legal persons that undertake highway construction, project construction management entities, entities of consulting, survey, design, construction, supervision, experiment and testing, and public intermediary institutions that provide relevant services, as well as equipment and material supply entities.
The practicing personnel shall refer to the personnel undertaking highway construction activities.
Chapter II Administration Functions
Article 6 The administration of highway construction market shall be based on uniform administration with each level of the administrative authorities assuming their respective responsibilities.
Article 7 The competent department of communications of the State Council shall be responsible for the supervision over and administration of highway construction market nationwide, with the major functions of such department being as follows:
1. Implementing the relevant State laws and regulations, formulating regulations for the administration of highway construction market nationwide;
2. Organizing the formulation of and supervising over the implementation of technical standards, specifications, and rules for highway construction;
3. Implementing the administration of access to the highway construction market, market dynamic administration, and conducting supervision over and inspection on the highway construction market nationwide;
4. Setting up bid evaluation expert database for the highway construction industry, and enhancing administration of bid evaluation experts;
5. Publishing information on the highway construction market nationwide;
6. Guiding and supervising the work of the competent departments of communications of the local people's governments at the provincial level for their administration of highway construction market;
7. Accepting reports and complaints pursuant to law and investigating and punishing illegal acts in the highway construction market; and
8. Other functions as may be prescribed by laws and administrative regulations.
Article 8 The competent departments of communications of the people's governments at the provincial level shall be responsible for the supervision over and administration of the highway construction market within their respective administrative regions, and their main functions shall be:
1. Implementing the relevant State laws, regulations and rules, and the technical standards, specifications and rules for highway construction, and formulating concrete management rules in light of the reality of their respective administrative regions;
2. Regulating the market access of highway construction, and implementing dynamic administration and supervision over and inspection on the highway construction market within their respective administrative regions;
3. Setting up a bid evaluation expert database for highway construction of their respective administrative regions, and enhancing administration of bid evaluation experts;
4. Publishing information on highway construction market of their respective administrative regions, and report the information on highway construction market to the competent department of communications of the State Council as required;
5. Guiding and supervising over the work of lower-level competent departments of communications in their administration of the highway construction market;
6. Accepting reports and complaints pursuant to law, investigating and punishing illegal acts in the highway construction market within their respective administrative regions; and
7. Other functions as may be prescribed by laws, regulations and rules.
Article 9 The competent departments of communications of the local people's governments at the level below the province shall be responsible for the supervision over and administration of the highway construction market within their respective administrative regions, their main functions shall be:
1. Implementing the relevant State laws, regulations and rules, and the technical standards, specifications and rules for highway construction;
2. Cooperating with the competent department of communications of the local people's government at the provincial level to conduct administration of access to the market of highway construction and dynamic administration;
3. Making supervision over and inspection on the highway construction market within their respective administrative regions;
4. Accepting reports and complaints pursuant to law and investigating and punishing illegal acts in the highway construction market of their respective administrative regions; and
5. Other functions as may be prescribed by laws, regulations and rules.
Chapter III Administration of Market Access
Article 10 All the practicing entities and personnel that comply with the conditions for market access as may be prescribed by laws and regulations may enter into the highway construction market. No entity or individual may practice regional protectionism in the highway construction market, or discriminate against any practicing entity or practicing personnel that complies with market access conditions.
Article 11 A legal person responsibility system shall be practiced in highway construction projects.
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