Administrative Provisions on the Qualification of Construction Enterprises
Administrative Provisions on the Qualification of Construction Enterprises
Administrative Provisions on the Qualification of Construction Enterprises
Order of the Ministry of Housing and Urban-Rural Development of the People's Republic of China No.22
January 22, 2015
The Administrative Provisions on the Qualification of Construction Enterprises, which have been deliberated and approved on the 20th executive meetings, are hereby promulgated for implementation as of March 1, 2015.
Chen Zhenggao, Minister of the Ministry of Housing and Urban-Rural Development of the People's Republic of China
Administrative Provisions on the Qualification of Construction Enterprises
Chapter I General Provisions
Article 1 In order to strengthen the supervision and administration on construction activities, maintain public interests and the order of construction market, guarantee the quality and safety of construction projects and promote the sound development of construction industry, the Administrative Provisions on the Qualification of Construction Enterprises (hereinafter referred to as the "Provisions") are formulated in accordance with the laws and regulations such as the Construction Law of the People's Republic of China and the Administrative Licensing Law of the People's Republic of China and the Administrative Regulations on the Quality Management of Construction Engineering and the Regulations on the Administration of Work Safety of Construction Projects.
Article 2 The Provisions shall be applicable to whoever applies for qualification of construction enterprise or whoever implements the administration of qualifications of construction enterprises within the border of the People's Republic of China.
For the purpose of the Provisions, the construction enterprises refer to enterprises engaging in construction, extended construction, reconstruction and other construction activities of civil engineering projects, construction projects, installation projects of circuits and pipelines.
Article 3 A construction enterprise shall apply for its qualification based on its conditions such as assets possessed by it, main personnel, achievement of construction projects completed, and technical equipment, and may only engage in construction activities within the scope of its qualification, after passing the qualification examination and obtaining the qualification certificate of construction enterprise.
Article 4 The administrative department in charge of housing and urban-rural development under the State Council shall be responsible for the centralized supervision and administration of qualifications of construction enterprises nationwide. The relevant departments in charge of transportation, water resources and industry informatization, etc. under the State Council shall cooperate with the competent department in charge of construction under the State Council in carrying out the administration of relevant types of qualifications of construction enterprises.
The administrative department in charge of housing and urban-rural development of the people's government of a province, autonomous region or municipality directly under the Central Government shall be responsible for the centralized supervision and administration of qualifications of construction enterprises within its own jurisdiction. The relevant departments in charge of transportation, water resources and industry informatization, 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 housing and urban-rural development at the same level in carrying out the administration of relevant types of qualifications of construction enterprises.
Article 5 The qualifications of construction enterprises shall be classified into three sequences, namely, the qualification for general contracting for construction, that for professional contracting and that for construction labor services.
The qualification for general contracting for construction and that for professional contracting are further classified into several types of qualifications according to different project properties and technical characteristics, and the different types of qualifications are classified into several grades according to different conditions stipulated. The qualification for labor services is not classified into different types and grades.
Article 6 The standards of qualifications for construction enterprises and the specific scopes of projects to be undertaken by enterprises with corresponding qualifications shall be formulated by administrative department in charge of housing and urban-rural development under the State Council jointly with the other relevant departments under the State Council.
Article 7 The State encourage the enterprises which have obtained the qualification for general contracting for construction to establish solely-invested or holding labor service enterprises.
The construction enterprises shall strengthen technical innovation and personnel training, and carry out eco-friendly construction with advanced construction technologies and materials.
Chapter II Application and License
Article 8 The enterprises may apply for one or more qualifications of construction enterprises.
The enterprises shall apply for the qualifications of the lowest grade at the first time of application or in the case of application for any additional qualification.
Article 9 The following qualifications of construction enterprises shall be licensed by the administrative department in charge of housing and urban-rural development under the State Council:
1. the extra grade and first grade qualifications of sequence for general contracting for construction as well as second grade qualification for general contracting for railway projects;
2. the first grade qualification of sequence for professional contracting in respect of highways, water carriage, water resources, railways and civil aviation as well as the second grade qualification for professional contracting in respect of railways and civil aviation; the first grade qualification for professional contracting involving several specialties.
Article 10 The following qualifications of construction enterprises shall be licensed by the administrative departments in charge of housing and urban-rural development of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where industrial and commercial registration of the enterprises are handled:
1.
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