Administrative Provisions on the Survey and Design Market of Construction Engineering
Administrative Provisions on the Survey and Design Market of Construction Engineering
Administrative Provisions on the Survey and Design Market of Construction Engineering
Order of the Ministry of Construction No. 65
January 21, 1999
Chapter I General Provisions
Article 1 For the purpose of strengthening administration of the survey and design market of construction engineering, regulating the behaviors of the survey and design market of construction engineering, guaranteeing the survey and design quality of construction engineering and safeguarding the lawful rights and interests of the parties involved in the market, the Provisions is formulated in accordance with the provisions of the Construction Law of the People's Republic of China and other relevant laws and regulations.
Article 2 All the units and individuals engaged in the activities on the survey and design market of construction engineering and conducting supervision and administration within the territory of China shall observe the Provisions.
The activities on the survey and design market of construction engineering (hereinafter referred to as the design market) mentioned in the Provisions shall refer to the behaviors of entrustment, undertaking and other relevant services.
Article 3 The state shall implement an access system for administering the qualification of practicing units and individuals to the design market.
Article 4 Engaging in the design market activities shall follow the principle of openness, fairness, impartiality and good faith. No unit or individual shall divide, blockade or monopolize the design market for any reason.
Article 5 All the units and individuals engaged in the survey and design business shall observe the relevant laws and regulations of the state, and comply with the mandatory standards on engineering construction. The procedure of "first survey then design, first design then construction" shall be complied with in order to guarantee the survey and design quality of construction engineering.
Without the permission of the original survey and design units, no unit or individual shall amend the survey and design documents.
Article 6 No unit or individual shall interfere with and obstruct such activities on the design market as are carried out in accordance with the law.
Any unit or individual shall have the right to make a report to or file a complaint with the competent construction administration or other relevant authorities for the behaviors in violation of laws, regulations and the mandatory engineering construction standards in the design market activities and the administration thereon.
Article 7 The construction administration of the State Council shall be in charge of the administration of the design market throughout the country. Other relevant specialized authorities of the State Council shall, in accordance with the functional division provided by the State Council, cooperate with the construction administration of the State Council to carry out administration of the design market of its own specialty within the scope of their respective functions.
The construction administration of the local people's governments at or above the county level shall be responsible for administration of the design market within their respective administrative areas. Other relevant specialized authorities of the local people's governments at or above the county level shall, in accordance with the functional division provided by the local people's governments, cooperate with the local construction administration to carry out administration of the design market of its own specialty within the scope of their respective functions.
Chapter II Entrustment of Survey and Design Business
Article 8 With respect to all the construction engineering within the scope of the national grading standards for the qualification of construction design, the units concerned shall entrust the survey and design business.
Article 9 Such construction engineering as the engineering design thereof is entrusted shall satisfy the following conditions:
1. feasibility study report or the project proposal for the construction engineering has obtained approval;
2. such procedures as the planning license for the construction land have been gone through;
3. other conditions as specified by laws or regulations.
The engineering survey business might be entrusted in accordance with the progress and the need of the engineering.
Article 10 The entrusting party shall entrust such undertaking party as obtains the qualification certificate of the corresponding engineering survey and design with the engineering survey and design business within the business scope provided in the certificate.
Article 11 The entrustment of the engineering survey and design business might be conducted by competitive entrustment or direct entrustment. In the competitive entrustment, the forms of open contest or invitation contest might be adopted. The overall contracting business of the construction engineering or the specialized projects may also be carried out by bidding.
Article 12 With respect to the design business of such construction engineering as are construction engineering with the state investment as a main part, special-class and first-class construction engineering in accordance with the classification standards for construction engineering provided by the Ministry of Construction, landmark buildings, monumental buildings, important buildings at the scenic spots, influential buildings at the crucial sectors, and residential quarters with a construction area of more than 100,000 square meters, the relevant parties shall be encouraged to adopt the competitive methods to carry out the entrustment.
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