Administrative Provisions on the Qualifications of Project-Supervising Enterprises
Administrative Provisions on the Qualifications of Project-Supervising Enterprises
Administrative Provisions on the Qualifications of Project-Supervising Enterprises
Order of the Ministry of Construction [2007] No. 158
June 26, 2007
The Administrative Provisions on the Qualifications of Project-Supervising Enterprises, which were deliberated and adopted at the 112th executive meeting of the Ministry of Construction on December 11, 2006, are hereby promulgated, and shall come into force as of August 1, 2007.
Minister of Construction Wang Guangtao
Annex: Administrative Provisions on the Qualifications of Project-Supervising Enterprises
Chapter I General Provisions
Article 1 In order to strengthen the administration of the qualifications of project-supervising enterprises, regulate the supervision activities over construction projects, and maintain the order of the construction market, these Provisions are formulated in accordance with laws and administrative regulations of the Construction Law of the People's Republic of China, the Administrative Licensing Law of the People's Republic of China, and the Administrative Regulations on the Quality Management of Construction Engineering, etc.
Article 2 These Provisions are applicable to supervision activities over construction projects, applications for qualifications of project-supervising enterprises and supervision and administration over the qualifications of project supervising enterprises within the borders of the People's Republic of China.
Article 3 An enterprise engaging in supervising activities over construction projects shall obtain the qualification for project-supervising enterprises in accordance with these Provisions, and conduct project supervision activities within the scope authorized by the project-supervising enterprise qualification certificate (hereinafter referred to as the qualification certificate).
Article 4 The administrative department of construction under the State Council shall be in charge of the general supervision and administration over the qualifications of project-supervising enterprises of the entire nation. The administrative departments under the State Council in charge of railway, transportation, water conservancy, information industry and civil aviation shall cooperate with the administrative department of construction under the State Council in carrying out the supervision and administration of relevant qualification classification and qualifications of project-supervising enterprises.
The administrative department of construction of the people's governments of provinces, autonomous regions, and municipalities under the Central Government shall be in charge of the general supervision and administration over the qualifications of project-supervising enterprises within their respective jurisdictions. The relevant departments under the people's governments of provinces, autonomous regions, and municipalities under the Central Government in charge of transportation, water conservancy and information industry shall cooperate with the administrative department of construction at the same level in carrying out the supervision and administration of relevant qualification classification and qualifications of project-supervising enterprises.
Article 5 The project supervision industrial organizations shall strengthen the self-discipline management of the project supervision industry.
The state encourages project-supervising enterprises to join the project supervision industrial organizations.
Chapter II Qualification Grades and Business Scopes
Article 6 Qualifications of project-supervising enterprises may be classified into the comprehensive qualification, the specialized qualification and the firm qualification. Among which, the specialized qualification may be further classified for several types of projects base on the nature and technical features of each type.
The comprehensive qualification and the firm qualification are not graded. The specialized qualification is classified into Grade A, Grade B, and, Grade C, which is particularly for the housing construction, water conservancy, electricity, highway and city facilities.
Article 7 The standards for the qualification grade of project-supervising enterprises are as follows:
1. Standards for the comprehensive qualification
(1) Having the qualification as an independent legal person, and the registered capital is not less than 6 million Yuan;
(2) The technical principal of the enterprise shall be a certified supervising engineer, and have worked in the engineering construction field for 15 years or more or have a senior engineering title;
(3) Having the Grade A specialized project-supervising qualification for 5 or more project types;
(4) Having 60 or more certified supervising engineers, 5 or more certified cost engineers, and 15 or more in total of the Grade I certified constructors, Grade I certified architects, Grade I certified structural engineers and/or other certified prospective design engineers;
(5) Having a sound organization structure, a sound quality control system, and sound technical and archival management systems;
(6) Having necessary inspection equipments for engineering tests;
(7) Having not committed any behavior prohibited as listed in Article 16 of these Provisions within the year prior to applying for the project-supervising qualification;
(8) Having not born liability for any gross quality accident within the year prior to applying for the project-supervising qualification; and
(9) Having not born liability for any gross quality accident of Grade III or above, or 2 or more safety accidents of Grade IV within the year prior to applying for the project-supervising qualification.
2. Standards for the specialized qualification
(1) Grade A
1) Having the qualification as an independent legal person, and the registered capital is not less than 3 million Yuan;
2) The technical principal of the enterprise shall be a certified supervising engineer, and have worked in the engineering construction field for 15 years or more or have a senior engineering title;
3) The total number of certified supervising engineers, certified cost engineers, Grade I certified constructors, Grade I certified architects, Grade I certified structural engineers and/or other certified prospective design engineers shall not be less than 25, among whom, the number of certified supervising engineers shall not be less than the number required in the List of the Numbers of Certified Supervising Engineers with Specialized Qualifications to be Manned (Attached List I), and the number of certified cost engineers shall be at least 2;
4) Having supervised independently 3 or more Grade II projects of the type corresponding to its specialty within the past 2 years, but enterprises which, with Grade A design qualification or Grade I or above general contracting qualification, apply for Grade A specialized qualification for that project type, shall be exempt from this requirement;
5) Having a sound organization structure, a sound quality control system, and sound technical and archival management systems;
6) Having necessary inspection equipments for engineering tests;
7) Having not committed any behavior prohibited as listed in Article 16 of these Provisions within the year prior to applying for the project-supervising qualification;
8) Having not born liability for any gross quality accident within the year prior to applying for the project-supervising qualification; and
9) Having not born liability for any gross quality accident of Grade III or above, or 2 or more safety accidents of Grade IV within the year prior to applying for the project-supervising qualification.
2.
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