Administrative Provisions on the Qualifications of Enterprises in the Construction Industry
Administrative Provisions on the Qualifications of Enterprises in the Construction Industry
Administrative Provisions on the Qualifications of Enterprises in the Construction Industry
Order of Ministry of Construction [2001] No. 87
April 18, 2001
The Administrative Provisions on the Qualifications of Enterprises in the Construction Industry , discussed and adopted at the 38th executive meeting of the Ministry on March 14, 2001, is hereby promulgated and shall come into effect as of July 1, 2001.
Minister: Yu Zhengsheng
Attached: Administrative Provisions on the Qualifications of Enterprises in the Construction Industry
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with Construction Law of the People's Republic of China and Administrative Regulations on the Quality Management of Construction Engineering, with a view to strengthening the supervision and administration on construction activities, maintaining construction market order, and guaranteeing the quality of construction projects.
Article 2 These Regulations shall apply to whoever applies for the qualification of enterprise in construction industry or whoever implements the administration of the qualifications of enterprises in construction industry inside the mainland of the People's Republic of China.
Enterprise in construction industry mentioned in these Regulations shall mean an enterprise engaged in construction, extending construction and reconstruction of civil engineering projects, construction projects, installation projects of circuits and pipelines, and finishing decoration projects.
Article 3 An enterprise in construction industry shall apply for its qualification on the basis of its qualification conditions such as registered capital, net assets, specialized technicians, technologies, equipment and the completed construction projects etc., and may only engage in construction activities within the scope of its qualification grade after obtaining the appropriate qualification grade certificate upon the qualification examination.
Article 4 The administrative department in charge of construction under the State Council shall be responsible for the centralized administration of qualifications of enterprises in construction industry throughout the country. The relevant departments of railways, communications, water resources, information industry and civil aviation under the State Council shall cooperate with the administrative department in charge of construction under the State Council in carrying out the administration of relevant types of qualifications of enterprises in construction industry.
The administrative department in charge of construction of the people's government of a province, autonomous region or municipality directly under the Central Government shall, within its own administrative area, be responsible for the centralized administration of qualifications of enterprises in construction industry. The relevant departments of communications, water resources, telecommunications, etc. of the people's government of a province, autonomous region or municipality directly under the Central Government shall cooperate with the administrative department in charge of construction at the same level in carrying out the administration of relevant types of qualifications of enterprises in construction industry.
Chapter II Classification and Gradation of Qualifications
Article 5 The qualifications of enterprises in construction industry shall be classified into three sequences, namely, that for undertaking the whole of a construction project, that for undertaking a specialized contract and that for undertaking a labor service by subcontract.
An enterprise that has obtained the qualification for undertaking the whole of a construction project may undertake the whole of a construction project or the major part of a construction project. An enterprise which undertakes the whole of a construction project may construct the whole of the project by itself, or subcontract the non-major part of the project or labor service to other enterprises in construction industry which have the corresponding qualifications to undertake a specialized contract or to undertake a labor service by sub-contract.
An enterprise that has obtained the qualification for undertaking a specialized contract may undertake the specialized project subcontracted by an enterprise which undertakes the whole of a construction project or which undertakes the contract of specialized project subcontracted by the construction entity in accordance with the Regulations. An enterprise of specialized contract may construct the whole of the undertaken project by itself, or subcontract the labor service to the enterprises of labor service that have the corresponding qualifications for undertaking labor service by subcontracts.
An enterprise that has obtained the qualification for undertaking a labor service by subcontract may undertake the labor service subcontracted by an enterprise that undertakes the whole of a construction project or an enterprise of specialized contract.
Article 6 The sequences of the qualifications for undertaking the whole of a construction project, undertaking a specialized contract and undertaking a labor service by subcontract shall be classified into several qualification types according to the nature of the project and technical features.
Each qualification type shall be divided into several grades according to the prescribed conditions.
The standards of qualification grade for enterprises in construction industry shall be formulated by the administrative department in charge of construction under the State Council jointly with other relevant departments of the State Council.
Chapter III Application and Examination-approval of Qualifications
Article 7 An enterprise in construction industry shall apply to the administrative department in charge of construction of the local people's government at the county level or above at the place where the enterprise is registered for the qualification.
An enterprise managed by the Central Government shall apply directly to the administrative department in charge of construction under the State Council for the qualification; where any of its affiliated enterprises is to apply for the qualification of special grade or the first grade for undertaking the whole of a construction project, or for the qualification of the first grade for undertaking a specialized contract, the enterprise managed by the Central Government shall apply to the administrative department in charge of construction under the State Council, and at the same time report to the administrative department in charge of construction at the provincial level at the place where the enterprise is registered for records.
Article 8 A newly established enterprise in construction industry may not go through the formalities of the application for the qualification in the administrative department in charge of construction until it has gone through the registration formalities in the administrative department for industry and commerce and has obtained its business license of enterprise as a legal person.
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