Measures for the Administrationof Subcontracted Housing and Municipal Infrastructure Construction Projects
Measures for the Administrationof Subcontracted Housing and Municipal Infrastructure Construction Projects
Measures for the Administration of Subcontracted Housing and Municipal Infrastructure Construction Projects
Order of the Ministry of Construction [2004] No. 124
February 3, 2004
The Measures for the Administration of Subcontracted Housing and Municipal Infrastructure Construction Projects, which were adopted at the 21st executive meeting of the Ministry of Construction on November 8, 2003, are hereby promulgated, and shall go into effect as of April 1, 2004.
Minister of Construction: Wang Guangtao
Attached: Measures for the Administration of Subcontracted Housing and Municipal Infrastructure Construction Projects
Article 1 The present Measures are formulated in accordance with the Construction Law of the People's Republic of China, the Tendering and Bidding Law of the People's Republic of China and the Administrative Regulations on the Quality Management of Construction Engineering, as well as the relevant laws and regulations, with the goal regulating subcontracted housing and municipal infrastructure construction project activities, maintaining order in the construction market, and ensuring the quality of projects and the safety of construction.
Article 2 The present Measures shall be applicable to subcontracted housing and municipal infrastructure construction project activities within the territory of the People's Republic of China, and to the supervision and administration of such activities.
Article 3 The competent administrative construction authorities under the State Council shall be responsible for the work of supervision and administration of subcontracted housing and municipal infrastructure construction projects nationwide.
The competent administrative construction authorities of the local People's Governments above the county level shall be responsible for supervising and administering the subcontracted housing and municipal infrastructure construction projects within their own administrative regions.
Article 4 For the purposes of the present Measures, the term "subcontracted construction" as mentioned in the present Measures refers to the activities contracted out by a construction enterprise to other construction enterprises that involve specialized projects or labor service in the house-building and municipal infrastructure projects it undertakes.
Article 5 Subcontracted housing and municipal infrastructure construction projects include specialized subcontracted projects and subcontracted labor services.
"A specialized subcontracted project" as mentioned in the present Measures, refers to an activity in which an enterprise which undertakes an entire construction project (hereinafter referred to as the contracted letting party of a specialized subcontracted project) subcontracts the specialized part of the project to another construction enterprises with corresponding qualifications (hereinafter referred to as the contractor of a specialized subcontracted project).
The subcontracting of labor services as mentioned in the present Measures, refers to an activity in which an enterprise which undertakes an entire construction project or an enterprise with a specialized subcontracted contract (hereinafter referred to as the labor service contract letting party) subcontracts the labor service of a project it undertakes to a labor services (hereinafter referred to as the labor service contractor).
The contract letting party of a subcontracted project as mentioned in the present Measures shall include the contract letting party of a specialized subcontracted project and the labor services contract letting party as mentioned in paragraphs 2 and 3 of this Article.
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Order of the Ministry of Construction [2004] No. 124
February 3, 2004
The Measures for the Administration of Subcontracted Housing and Municipal Infrastructure Construction Projects, which were adopted at the 21st executive meeting of the Ministry of Construction on November 8, 2003, are hereby promulgated, and shall go into effect as of April 1, 2004.
Minister of Construction: Wang Guangtao
Attached: Measures for the Administration of Subcontracted Housing and Municipal Infrastructure Construction Projects
Article 1 The present Measures are formulated in accordance with the Construction Law of the People's Republic of China, the Tendering and Bidding Law of the People's Republic of China and the Administrative Regulations on the Quality Management of Construction Engineering, as well as the relevant laws and regulations, with the goal regulating subcontracted housing and municipal infrastructure construction project activities, maintaining order in the construction market, and ensuring the quality of projects and the safety of construction.
Article 2 The present Measures shall be applicable to subcontracted housing and municipal infrastructure construction project activities within the territory of the People's Republic of China, and to the supervision and administration of such activities.
Article 3 The competent administrative construction authorities under the State Council shall be responsible for the work of supervision and administration of subcontracted housing and municipal infrastructure construction projects nationwide.
The competent administrative construction authorities of the local People's Governments above the county level shall be responsible for supervising and administering the subcontracted housing and municipal infrastructure construction projects within their own administrative regions.
Article 4 For the purposes of the present Measures, the term "subcontracted construction" as mentioned in the present Measures refers to the activities contracted out by a construction enterprise to other construction enterprises that involve specialized projects or labor service in the house-building and municipal infrastructure projects it undertakes.
Article 5 Subcontracted housing and municipal infrastructure construction projects include specialized subcontracted projects and subcontracted labor services.
"A specialized subcontracted project" as mentioned in the present Measures, refers to an activity in which an enterprise which undertakes an entire construction project (hereinafter referred to as the contracted letting party of a specialized subcontracted project) subcontracts the specialized part of the project to another construction enterprises with corresponding qualifications (hereinafter referred to as the contractor of a specialized subcontracted project).
The subcontracting of labor services as mentioned in the present Measures, refers to an activity in which an enterprise which undertakes an entire construction project or an enterprise with a specialized subcontracted contract (hereinafter referred to as the labor service contract letting party) subcontracts the labor service of a project it undertakes to a labor services (hereinafter referred to as the labor service contractor).
The contract letting party of a subcontracted project as mentioned in the present Measures shall include the contract letting party of a specialized subcontracted project and the labor services contract letting party as mentioned in paragraphs 2 and 3 of this Article.
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