Provincial and municipal construction bureaus (construction commissions), Suzhou Industrial Park Planning and Construction Bureau:

In order to further strengthen the supervision and management of construction projects, improve the quality and management level of construction projects, and promote the healthy development of construction supervision, the following opinions are put forward in accordance with the relevant national and provincial regulations and in combination with actual conditions.

First, further standardize the market behavior of construction units

(1) The construction unit must entrust the project that should be supervised to the supervision enterprise with the corresponding qualification level in accordance with the regulations; the construction project that the national laws and regulations stipulate must be tendered, and the supervision enterprise shall be selected through the bidding method.

(2) The construction unit shall not dismember the construction project, and shall not lower the qualification level of the supervising enterprise and the corresponding qualification requirements of the supervision personnel to divide the project into several bidding sections for contracting. Residential community projects and other construction projects developed and constructed during the same period shall be supervised by a supervision enterprise, and it is not appropriate to divide them into several bidding sections to entrust different supervision enterprises to supervise.

(3) The construction unit shall, in accordance with the provisions of laws and regulations and the provisions of the contract, earnestly entrust the powers entrusted to the supervising enterprise to the supervising enterprise. The application for engineering measurement and payment of engineering costs reported by the construction unit shall be signed by the chief engineer before the construction unit can be used as the basis for implementation. After the completion of the project settlement review, the construction unit shall promptly inform the supervising enterprise of the audit results in writing. If the construction unit saves investment after adopting the rationalization suggestions put forward by the supervision enterprise in accordance with the contract, it shall extract 10%-30% of the saved investment and reward it to the supervision enterprise.

(4) The construction unit must strictly implement the supervision fee standard and pay the supervision fee in a timely manner; the supervision enterprise shall not be required to lower the supervision fee standard, the supervision fee standard shall not be reduced as the basis for evaluation, the supervision fee shall not be lowered by reducing the cost, the supervision fee shall not be owed, and the yin and yang contract shall not be signed with the supervision enterprise. For construction units that sign yin-yang contracts, reduce supervision fees, or maliciously default on supervision fees, the Provincial Construction Department will submit the information of the construction units and legal representatives to the Nanjing Branch of the People's Bank of China, and the Nanjing Branch of the People's Bank of China will log them into the enterprise and personal credit reporting system networked nationwide, and regularly notify the financial institutions in the province. The credit reporting system will prompt financial institutions to not provide credit support to construction units and individuals that sign yin-yang contracts, lower supervision fees, and maliciously default on supervision fees.

(5) Before the construction project starts, the construction unit shall inform the construction enterprise in writing of the scope, content, name of the supervising engineer and the authority entrusted to the supervising enterprise. Quality supervision and safety supervision procedures shall be handled in a timely manner in accordance with regulations and procedures, and the content of written notification to the construction enterprise shall be attached.

Second, further standardize the market behavior of construction enterprises

(6) The personnel of the project department of the construction enterprise must be in place in accordance with the commitments in the bidding, must have the corresponding professional qualifications, must obey the supervision and management of the project supervision agency, actively cooperate with the project supervision agency to perform the supervision duties, and create conditions for the supervision personnel to carry out their work.

(7) The construction enterprise shall, in accordance with the requirements, promptly provide the project supervision institution with relevant texts such as enterprise qualifications, safety production licenses and employee qualifications, quality and safety management systems, construction organization designs, and special construction plans. The review and signature of the declared text must comply with the corresponding regulations and be modified and supplemented in accordance with the audit opinions of the project supervision agency.

(8) The construction enterprise shall carry out construction in strict accordance with the engineering construction procedures and requirements and accept the supervision of the project supervision agency. If the supervising engineer has not issued a start order, the work shall not be started. Process acceptance, hidden project acceptance, sub-project acceptance, etc. must be in accordance with the procedures of the team self-inspection, full-time quality inspector inspection, project department audit, make a written application to the project supervision agency, and in accordance with the project supervision agency acceptance put forward in the rectification requirements of the rectification requirements. Without the acceptance of the project supervision agency, it is not allowed to enter the next process.

(9) The construction enterprise shall perform the responsibility for the quality and safe production of the construction project in accordance with the provisions of laws and regulations, and accept the supervision of the project supervision agency. It is strictly forbidden to interfere with supervision work by false, delayed or other improper means.

III. Further standardize the market behavior of supervision enterprises

(10) Supervision enterprises must obtain qualifications before they can engage in project supervision business within the scope of corresponding qualifications, and shall carry out supervision in accordance with laws, regulations, rules, standards, norms and contractual agreements, and bear corresponding responsibilities.

(11) Implement dynamic management after the qualification license of the supervising enterprise. If the qualification conditions do not meet the standards, they are restricted from undertaking supervision business during the rectification period; if they still do not meet the standards after the expiration of the rectification period, they must not undertake supervision business. Supervision enterprises that have been cleared out of the market by the relevant administrative departments due to acts that violate regulations such as forging, lending, or selling qualification certificates are strictly prohibited from undertaking supervision business.

(12) Supervision enterprises must strictly implement the standards for supervision fee collection. After undertaking the supervision business, the supervision contract must be signed in time. The contract must be signed by a legal person, branches and branches are strictly prohibited to sign; it is strictly forbidden to sign a yin-yang contract; and within 10 days after the contract is signed, it must be registered with the competent administrative department for construction at the project location.

(13) Supervision enterprises stationed in the Soviet Union undertake supervision business in our province and implement an annual qualification verification system. Non-suzhou supervision enterprises implement a single supervision project verification system before bidding. Before the verification of a single supervision project, it is necessary to go to the Provincial Construction Department to go through the annual registration procedures for supervision practitioners; after the registration supervision personnel have passed the examination and logged into the "Jiangsu Construction Project Supervision management information system" (hereinafter referred to as the supervision information system), the project verification shall be carried out in accordance with the prescribed procedures, otherwise the individual project verification will not be handled. Supervision enterprises that have passed the verification of a single project must be in place in accordance with the supervision personnel who have passed the verification, and it is strictly forbidden for the supervision personnel who have not passed the registration or the project verification to work in our province.

(14) Supervision enterprises engaged in supervision business in our province must implement a listing system. The supervising enterprises stationed in the Soviet Union shall issue post plates in accordance with the regulations of this province. Non-supervising enterprises in the Soviet Union shall issue a post card for a single project, and the post card shall be automatically invalidated and handed over in time after the completion of the project, otherwise the next project will not be verified. Both the supervising enterprises stationed in the Soviet Union and the non-supervising enterprises in the Soviet Union must be subject to the unified management of the competent administrative departments for construction at all levels in the province.

(15) Where the province and the supervising enterprises stationed in the Soviet Union undertake supervision business across districts and cities in the province, a single supervision project verification system shall be implemented in accordance with the provisions of Article 13 of these Opinions.

(16) The supervising enterprise shall not engage in the following acts:

1. Adopting lowering the fee standard or undertaking business by means of unfair competition such as rebates;

2. Allow individuals or low-qualification supervision enterprises to be affiliated and use enterprise qualifications to operate;

3. Supervise the construction projects undertaken by the units with the same subordinate relationship as the unit;

4. Transfer the supervised project to other units for supervision;

5. Use supervision personnel who are not of the enterprise;

6. Other violations of laws and regulations.

(17) Implement the "Supervision Enterprise Self-Discipline Commitment Letter" system. The supervision enterprise shall provide the competent administrative department of construction at the project location with a letter of self-discipline commitment not to subcontract business, not to accept affiliation, not to suppress the competition of the standard for fee extraction, not to sign yin-yang contracts, to operate in good faith, to maintain the order of the supervision market, and to voluntarily accept the assessment of the competent administrative departments for construction at all levels.

Fourth, further strengthen the management of supervision personnel

(18) The supervising enterprise shall submit a list of the personnel of the proposed project supervision institution in the bidding documents, and after winning the bid for the project and signing the supervision contract, it shall not arbitrarily change the composition of the project supervision institution. The list of personnel holding documents shall be consistent with the bidding and contract agreements, and the actual supervision personnel who have arrived at their posts shall be consistent with the list of personnel holding documents. The supervising enterprise must strictly implement the supervision personnel entry and exit plan in accordance with the supervision plan.

(19) In principle, a supervising engineer can only serve as a project supervising engineer of one entrusted supervision contract, and when it is necessary to work as a project supervising engineer of multiple entrusted supervision contracts at the same time, it must be agreed by the construction unit and shall not exceed three items at most. The supervising engineer cannot work on projects across districted cities at the same time.

(20) The supervision personnel of the project supervision institution must be the personnel of the supervising enterprise, and shall not undertake supervision work beyond their own qualifications and scope of responsibilities.

(21) The project director and engineer shall not be changed for the following reasons.

1. Physical reasons can not be competent for work;

2. Transferring away from the original unit;

3. The construction unit is not satisfied with the work of the chief engineer and requests for change;

4. The supervising engineer needs to study for a long time;

5. Those who no longer have the qualifications to engage in the industry;

6. Unable to continue to perform duties due to administrative punishment or other reasons.

The supervising engineer shall not change more than twice in a year, otherwise the supervising engineer shall not participate in the bidding for one year from the date of the third change.

(22) Persons who have not obtained a registration certificate and a practice seal shall not engage in project supervision and related business activities in the name of a registered supervision engineer. After the supervisor changes the unit, he shall go through the formalities for the change in a timely manner, and shall not practice in the new unit before completing the relevant formalities. Those who need to continue practicing at the expiration of the registration validity period must go through the procedures for renewal of registration in accordance with relevant regulations before practicing.

(23) Supervision personnel shall, in accordance with the relevant provisions of the state and the province, actively participate in the continuing education and study of supervision engineers, complete the content of the continuing education regulations on time, quality and quantity, and continuously improve the level of practice.

Fifth, further strengthen the project site management

(24) The project supervision institution implements the responsibility system of the chief engineer. The supervising engineer supervises the supervision personnel to perform their duties, comprehensively supervise and manage the progress, investment and quality of the project, and complete the tasks agreed in the supervision contract in accordance with the implementation procedures of the project supervision.

(25) The project supervision institution shall fully implement the supervision safety responsibility in accordance with the requirements of the Several Opinions of the Ministry of Construction on the Implementation of the Responsibility for Supervision of Safety Production in Construction Projects (Jianshi [2006] No. 248) and the Notice of the Provincial Construction Department on the Implementation of the Safety Responsibility of Supervision in the Regulations on the Administration of Work Safety in Construction Projects (Su Jiangong [2004] No. 458) and the provisions of the contract.

(26) The project supervision institution must use the current "Jiangsu Province Construction Project Construction Stage Supervision Site Table" at the project site. Supervision personnel must wear the supervision signs stipulated by the competent administrative department of construction at the construction site, and must hold certificates and be listed on the job.

(27) The supervisors of the project supervision institutions must abide by professional ethics, earnestly safeguard the legitimate rights and interests of the construction units, and do not harm the legitimate interests of the construction enterprises. It is not allowed to use the authority to designate suppliers of building materials, equipment, etc., and there must be no other bad behavior.

(28) Supervision enterprises should strengthen the supervision and management of project supervision institutions, organize inspections and assessments on a regular basis, and ensure that project supervision institutions effectively perform their supervision duties.

VI. Further strengthen the establishment of a credit system

(29) Implement a credit management system for all supervision enterprises and personnel engaged in supervision business in our province. The credit records of supervising enterprises and supervision personnel are divided into excellent credit records and bad credit records.

(30) Excellent credit records refer to records of supervising enterprises, project supervision bodies, and supervision personnel who have been commended in writing by the competent administrative departments for construction at all levels for abiding by discipline and law and having outstanding achievements. The provincial appraisal and appraisal awards for construction project supervision are divided into provincial demonstration supervision enterprise (provincial excellent supervision enterprise), provincial demonstration supervision project (provincial excellent project supervision agency) and provincial outstanding director engineer (provincial excellent supervision engineer).

(31) Bad credit records refer to the records of the supervising enterprise having the "Jiangsu Provincial Construction Project Supervision Enterprise Bad Behavior Assessment Standards", the supervision personnel having the acts listed in the "Jiangsu Provincial Construction Project Supervision Personnel Bad Behavior Assessment Standards" (see annex), or being subject to administrative penalties or other administrative handling decisions made in writing by the competent construction administrative departments at all levels.

(32) Quantify the bad behavior of supervising enterprises and personnel, and formulate standards for deducting points. In the "Jiangsu Province Construction Project Supervision Enterprise Bad Behavior Assessment Standard" and "Jiangsu Province Construction Project Supervision Personnel Bad Behavior Assessment Standard", if the bad behavior standard is A, 6 points will be deducted; if the bad behavior standard is B, 2 points will be deducted; if the bad behavior standard is C, 1 point will be deducted.

(33) Based on credit status, supervising enterprises and personnel are divided into three categories, namely recommended supervision enterprises and personnel, key supervision and management enterprises and personnel, and general supervision enterprises and personnel.

Recommended supervision enterprises: enterprises with good behavior of enterprises, and the deduction of points for bad behavior is less than or equal to 5 points.

Recommended supervision personnel: Personnel with good behavior of personnel, and the deduction of points for bad behavior is less than or equal to 3 points.

Key supervision and management enterprises: enterprises with a deduction of 12 points or more for bad behavior.

Key supervision and management personnel: Personnel who deduct more than or equal to 9 points for bad behavior.

General supervision enterprises and personnel: Supervision enterprises and personnel other than recommended supervision enterprises and personnel, key supervision and management enterprises and personnel.

The good behavior of the enterprise is valid for three years, and the good behavior of the personnel is valid for two years.

(34) Establish mechanisms for rewarding creditworthiness. Supervision enterprises and individuals that have been commended by the Provincial Construction Department and belong to the provincial demonstration supervision enterprises shall be given appropriate points for each bid evaluation within two years from the date of issuance of the commendation decision; if they belong to the provincial outstanding supervision enterprises, they shall be given appropriate points for each bid evaluation within one year from the date of issuance; and those who belong to the provincial outstanding chief engineers shall have appropriate extra points for each bid evaluation within one year from the date of issuance of the commendation decision. The competent administrative departments for construction in all localities shall issue documents clarifying the value or range of extra points.

(35) Establish mechanisms for punishing enterprise untrustworthiness. Implement a rectification period system for key supervision and management enterprises. Where the deduction of points for the bad behavior of the supervising enterprise is greater than or equal to 12 points and less than 18 points, the rectification period is not less than 3 months, and the supervision business of government investment projects shall not be undertaken during the rectification period; if the deduction of points is greater than or equal to 18 points, the rectification period of the supervision enterprise in the province and the supervision enterprise in suzhou shall not be less than 3 months, and the supervision business shall not be undertaken during the rectification period, and the non-supervising enterprise in the Jiangsu market shall not undertake the supervision business within one year, and the supervision personnel shall clear the Jiangsu market. According to the severity of the bad behavior of the supervising enterprises in the province, the Provincial Construction Department will make a decision not to renew the qualifications or reduce their qualification levels, cancel the qualifications and clear the market in accordance with the law, and for The Grade A enterprises, they will be demoted to the Ministry of Construction for handling. The demotion and cancellation of qualifications of enterprises supervising enterprises in the Soviet Union and non-supervising enterprises stationed in the Soviet Union are submitted to the competent administrative department for qualification examination and approval, and the Grade A supervision enterprises are simultaneously copied to the Ministry of Construction.

(36) Establish mechanisms for punishing personnel for untrustworthiness, and implement a system of suspension of employment for key supervision and management personnel for a certain number of years. Where the deduction of points greater than or equal to 9 points is less than 15 points, the practice is suspended for one year; if the deduction of points is greater than or equal to 15 points, the practice is suspended for two years. The handling suggestions of the state-registered supervision engineer shall be reported to the Ministry of Construction. The handling suggestions of the supervisors stationed in the Soviet Union and non-resident In the Soviet Union shall be submitted to their administrative departments and copied to the Ministry of Construction.

(37) Each deduction of points for recommending supervision enterprises and personnel, general supervision enterprises and personnel for negative credit conduct is valid for one year. Where key supervision and management enterprises and personnel actively rectify, implement rectification and reform measures, and make inspections and guarantees, the local competent administrative department for construction shall submit opinions on lifting the restrictions, report them step by step, and with the approval of the Provincial Construction Department, after the expiration of the rectification period of the key supervision and management enterprises, the deduction of 12 points for bad behavior will be cancelled, and after the expiration of the suspension period of key supervision and management personnel, the deduction of points for bad behavior will be cancelled by 9 points, and the credit category of enterprises and personnel will be re-examined according to the deduction of points for the bad behavior of the supervising enterprise and personnel, but the record of bad behavior will still be retained for three years.

Seventh, further raise the level of informationization work

(38) Supervision enterprises, enterprises stationed in the Soviet Union, non-enterprises stationed in the Soviet Union, their supervision personnel and supervision projects in this province must be entered into the supervision information system in a timely manner. The information of the new registration, change of registration and renewal of the supervision personnel of the supervising enterprise must be entered into the supervision information system within 10 days from the date of approval. The information of the new project undertaken by the supervising enterprise must be entered into the supervision information system before the supervision contract is registered with the competent administrative department for construction at the project location. If it is not entered in a timely manner, the competent administrative department of construction shall enter the project information into the supervision information system, and the system will automatically deduct points for the bad behavior of the supervising enterprise.

(39) Supervision enterprises that are not entered into the supervision information system as required shall not undertake business in the Jiangsu market and shall not participate in the appraisal and appraisal of the best; supervisors who have not entered the supervision information system as required shall not engage in supervision activities in the Jiangsu market and shall not be evaluated for the appraisal of the appraisal; projects under supervision that are not entered into the supervision information system as required shall not be selected as provincial demonstration supervision projects (provincial excellent project supervision institutions), and shall not be used as the performance of supervising enterprises and individuals after the completion of the project.

(40) The supervision information system implements dynamic management of the negative conduct of supervision enterprises and individuals entered by the competent administrative departments for construction at all levels, automatically scoring and summarizing, and automatically classifying the credit of the supervising enterprises and personnel based on the deduction of points, displaying the credit situation and reward and punishment measures, and accepting inquiries from the public. Establish a pool of questions that supervisors should know about, for self-study by supervisors or internal training of supervision enterprises. Supervision matters are managed online.

VIII. Further increase the intensity of inspection work

(41) Implement an inspection system. The Provincial Construction Department carries out project quality supervision and inspection twice a year, and will take the supervising enterprises as the key objects for inspection. Each municipality, county (city) administrative department in charge of construction should organize forces to periodically inspect the supervising enterprises engaged in construction supervision activities in their respective regions, inspect and supervise no less than one project per year, promptly issue a notice of inspection results or a letter of administrative punishment, and record the bad behavior of enterprises and personnel in the credit archives and enter them into the supervision information system.

(42) Implement a random inspection system. The competent administrative departments for construction at the municipal and county (city) levels shall organize random inspections on a regular basis, not less than twice a year; the Provincial Construction Department shall organize not less than once a year. The competent administrative departments for construction at all levels regard key supervision and management enterprises and supervision enterprises that do not take the initiative to enter the supervision item catalog into the supervision information system as the key targets of random inspections, promptly issue a notice of inspection results or a letter of administrative punishment, and record the negative conduct of enterprises and personnel in the credit archives and enter it into the supervision information system.

(43) Improve systems for handling complaints and reports. The competent administrative departments for construction at all levels should conscientiously handle reports and complaints, so that if there is a lawsuit, it must be investigated, and if there is a result, it must be reported on the results of the investigation and punishment, and administrative punishment letters are regularly issued, and the bad behavior of enterprises and personnel is recorded in the credit archives and entered into the supervision information system.

IX. Further increase the intensity of linkage work

(44) Implement linkage within the system of the competent administrative department for construction. Relevant departments shall actively use the supervision information system in the process of bidding for construction project supervision, implement the policy of adding points to bid evaluation, and strictly implement the standards for supervision and fee collection. Departments such as for quality supervision and safety supervision shall promptly report the bad conduct involving supervising enterprises and personnel to the competent administrative department for construction, and enter it into the supervision information system after review and confirmation. Where the competent administrative department for construction at the county level or above makes a written handling opinion, it shall promptly enter the negative conduct of the supervising enterprise and personnel into the supervision information system. The Provincial Construction Department publishes the list of key supervision and management enterprises and personnel every six months.

(45) The competent administrative departments for construction and the competent administrative departments for specialized projects shall be linked. In the process of bidding for construction project supervision, the competent administrative department of professional engineering strictly implements the standard of supervision and fee collection, and at the same time enters the supervision information system to implement the policy of adding points to the evaluation of bids.

(46) Supervise enterprises to carry out linkage and mutual supervision, actively report supervision enterprises that disrupt the order of the supervision market, especially those that have the competitive behavior of lowering the standard of fee collection, and actively cooperate with the competent administrative departments for construction to collect evidence.

X. Further create a good environment for supervising the development of enterprises

(47) The competent administrative departments for construction at all levels should establish a sense of service and provide quality services, and must not set discriminatory provisions for enterprises from other places to undertake supervision business in the local area. Strengthen communication and coordination between different departments to improve work efficiency. Actively study new situations, discover new problems, propose new measures, and improve the operability of policies. Adopt the method of going out and inviting in to create opportunities for exchange and learning for the supervising enterprises.

(48) Encourage supervision enterprises to carry out diversified operations around the main business. Encourage supervision enterprises to use mergers, mergers and other methods to integrate resources, enhance the core competitiveness of enterprises, and promote enterprises to do a good job, become bigger and stronger.

(49) Guide the supervision enterprises to change the traditional business philosophy, from the pursuit of enterprise market share to the pursuit of enterprise market value share, while pursuing the expansion of quantity, pay more attention to the improvement of quality, so as to gradually solve the problem of low profit margin of enterprises, and continuously enhance the vitality of enterprises.

(50) Strengthen guidance to supervision industry associations, give full play to the role of industry associations as bridges and links, and encourage and support industry associations to do a good job in self-discipline of supervision enterprises.

This Opinion shall be effective as of October 1, 2007.

Annex: 1. Assessment standards for bad behavior of construction project supervision enterprises in Jiangsu Province

2. Assessment standards for bad behavior of construction project supervision personnel in Jiangsu Province

 

21 May 2007

 

Copy: Ministry of Construction, Provincial Government Office.