Administrative Provisions on the Qualifications of Enterprises in the Construction Industry (Revised in 2007)
Administrative Provisions on the Qualifications of Enterprises in the Construction Industry (Revised in 2007)
Administrative Provisions on the Qualifications of Enterprises in the Construction Industry (Revised in 2007)
Order of the Ministry of Construction [2007] No.159
June 26, 2007
The Administrative Provisions on the Qualifications of Enterprises in the Construction Industry , which have been discussed and adopted at the 114th executive meeting of the Ministry of Construction, are hereby promulgated and shall be implemented as of September 1, 2007.
Minister Wang Guantao
Appendix: Administrative Provisions on the Qualifications of Enterprises in the Construction Industry
Chapter I General Provisions
Article 1 In order to strengthen the supervision and administration on construction activities, maintain public interest and the order of construction market, and guarantee the quality and safety of construction projects, these 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 These Provisions shall be applicable to whoever applies for qualification of enterprise in construction industry or whoever implements the administration of qualifications of enterprises in construction industry within the border of the People's Republic of China.
The term "enterprises in construction industry" mentioned above refers to enterprises engaging in construction, extended construction and reconstruction of civil engineering projects, construction projects, installation projects of circuits and pipelines, and finishing engineering projects.
Article 3 A enterprise in construction industry shall apply for its qualification based on its conditions such as registered capital, specialized technicians, technologies, equipments and achievement of construction projects completed, etc., and may only engage in construction activities within the scope of its qualification, after passing the qualification examination and obtaining the qualification certificate for an enterprise in construction industry.
Article 4 The administrative department in charge of construction under the State Council shall be responsible for the centralized supervision and administration of qualifications of enterprises in construction industry nationwide. The relevant departments in charge of railways, transportation, 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 be responsible for the centralized supervision and administration of qualifications of enterprises in construction industry within its own jurisdiction. The relevant departments in charge of transportation, water resources and information industry, 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 Sequences, Types and Grades 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.
Article 6 An enterprise that has acquired the qualification for undertaking the whole of a construction project (hereinafter referred to as an enterprise undertaking the whole of a construction project) may undertake the whole of a construction project. An enterprise undertaking the whole of a construction project may construct all of the specialized projects within the whole of the construction project by itself, or subcontract the specialized projects or labor assignment according to law to other enterprises, which have the corresponding qualifications to undertake a specialized contract or to undertake a labor service by subcontract.
An enterprise that has acquired the qualification for undertaking a specialized contract (hereinafter referred to as an enterprise undertaking a specialized contract) may undertake specialized projects subcontracted by an enterprise undertaking the whole of a construction project and the specialized projects contracted by a construction unit according to law. An enterprise undertaking a specialized contract may undertake the whole of the specialized project accepted by itself, or subcontract the labor assignment according to law to other enterprises, which have the corresponding qualifications to undertake a labor service by subcontract.
An enterprise that has acquired the qualification for undertaking a labor service by subcontract (hereinafter referred to as an enterprise undertaking a labor service by subcontract) may undertake labor assignment subcontracted by an enterprise undertaking the whole of a construction project or an enterprise undertaking a specialized contract.
Article 7 The sequences of the qualifications for undertaking the whole of a construction project, for undertaking a specialized contract and for undertaking a labor service by subcontract shall be classified into several qualification types, based on the nature of the project and technical features. Each qualification type shall be divided into several qualification grades according to the prescribed conditions.
Article 8 The standards of qualification grades for enterprises in construction industry and the specific scopes of projects to be undertaken by enterprises with different qualification types and grades shall be formulated by the administrative department in charge of construction under the State Council jointly with the other relevant departments of the State Council.
Chapter III Qualification License
Article 9 The license of the following qualifications of enterprises in construction industry shall be carried out by the administrative department in charge of construction under the State Council:
1. Extra grade and first grade qualifications of sequences for undertaking the whole of a construction project;
2. Second grade and third grade qualifications of undertaking the whole of a construction project by enterprises directly under the supervision and administration of the state-owned assets administration department under the State Council and enterprises one level below.
3.
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