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Measures of Foshan Housing and Urban-Rural Development Bureau for the administration of integrity in the construction industry?
Chapter I General Principles
Article 1 In order to further standardize the order of the construction market, improve the credit system of the construction industry, and promote the healthy and orderly development of the construction market, according to the Construction Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC), the Opinions of the Ministry of Construction on Accelerating the Construction of the Credit System of the Construction Market, the Measures for the Management of Credit Behavior Information in the Construction Market, and the Opinions of the Ministry of Housing and Urban-Rural Development on Doing a Good Job in the Supervision and Management of Inter-provincial Contracting Business of Construction Enterprises.
Article 2 The following construction enterprises and their employees engaged in construction activities within the administrative area of Foshan City shall be included in the scope of credit management:
(a) engineering survey and design enterprises, design and construction integration enterprises, construction enterprises (including general contracting, professional contracting and construction services enterprises), landscaping construction enterprises, engineering bidding agencies, engineering cost consulting enterprises, engineering supervision enterprises, third-party monitoring enterprises of deep foundation pits, and ready-mixed mortar production enterprises;
(2) Foshan ready-mixed concrete production enterprises, construction engineering testing institutions and construction drawing review institutions;
(3) Other enterprises engaged in construction activities.
Article 3 The construction credit registration management system shall be implemented within the administrative area of Foshan City, and the construction credit management shall be incorporated into the construction of social credit system to realize information sharing.
Honesty registration is the carrier to record the market behavior information of enterprises, and it is also a platform for construction administrative departments at all levels to provide management services for construction enterprises, and it is also an important embodiment of the implementation of laws and regulations by construction enterprises.
Article 4 The municipal and district construction administrative departments shall, according to their management authority, carry out daily registration, supervision and management of the market behaviors and credit information of construction enterprises within their respective jurisdictions.
Chapter II Handling, Alteration and Cancellation of Good Faith Registration
Article 5 All enterprises in the construction industry that are included in the integrity management scope of Foshan shall be registered in good faith, and fill in and submit relevant materials on the integrity management platform of Foshan construction industry (hereinafter referred to as the integrity management platform) as required.
The same enterprise with survey and design, construction, landscaping, supervision and other qualifications, should be registered in good faith.
Construction enterprises in this Municipality shall apply to the district construction administrative department where industrial and commercial registration is located for registration in good faith; Construction enterprises outside the city apply for registration in good faith to the municipal construction administrative department, and the personnel requirements are in accordance with annex 1.
Article 6 Enterprises outside the city (except survey and design enterprises and project bidding agencies) must set up offices in Foshan. Property ownership certificate or certificate of immovable property right shall be provided for self-owned property (the purchase contract that has not been purchased shall be submitted to the housing management department for filing), and the lease contract with the lease term of 1 year or above shall be provided for the leased property (the planned use of the house must be commercial complex, office building, office building or shop, and residential type is not allowed).
Enterprises outside the city are engaged in field operations such as power transmission and transformation, gas pipeline laying, etc. Their office space can be set in the construction site.
Article 7 All materials submitted by an enterprise must be true, accurate, complete and effective.
If the information is complete and the input information is complete, the construction administrative department shall complete the audit within 10 working days from the date of acceptance.
Construction administrative departments at all levels will inspect the offices and personnel of foreign enterprises in Foshan.
Article 8 Credit registration information shall be stored in the credit management platform in the form of electronic version. The daily management of integrity is the responsibility of the construction administrative departments at all levels.
Ninth enterprises and personnel information changes by enterprises to log on to the integrity management platform, the information should be true and effective. New employees should go through the change procedures after pre-job training.
Tenth construction enterprises to withdraw from the Foshan construction market, need to go through the formalities of good faith registration cancellation. If an enterprise voluntarily withdraws, it shall apply on the integrity management platform and submit relevant cancellation materials, among which: the enterprises in the city shall be examined and confirmed by the district construction administrative department, and the enterprises outside the city shall be examined and confirmed by the municipal construction administrative department.
Chapter III Administration of the Use of Honesty Registration
Eleventh enterprises to participate in project bidding, the tenderer or bidding management institutions should query the basic information and integrity records of enterprises through the integrity management platform. For projects that are directly contracted according to law, the employer shall inquire relevant information through the integrity management platform.
When the project is submitted for construction, the construction administrative department shall verify the integrity information of the participating units and relevant responsible persons through the integrity management platform, and implement the responsibilities of the main unit of the project and relevant responsible persons. In the process of construction, the quality and safety supervision institution shall record the quality and safety behaviors of the project-related contractors on the integrity management platform in time, and urge enterprises to strengthen the management of the construction site to ensure the quality and safety of the project.
Twelfth enterprises to participate in project bidding, project management and other construction activities of all kinds of registered personnel and all kinds of managers, full-time security officers and small project leaders and other related personnel, must be selected from the integrity management platform registered personnel.
As the person in charge of the project, the construction engineer and supervision engineer will lock the bidding project in the integrity management platform after winning the bid; For directly contracted projects, when applying for construction, they shall be locked by the competent department that issued the construction permit. Among them, the constructor can only be the person in charge of 1 project, and the chief supervision engineer can be the person in charge of at most three projects.
If the construction engineer and chief supervision engineer meet one of the following conditions, they may apply to the district construction administrative department where the project is located for unlocking:
(1) The project has passed the completion acceptance, uploaded the performance and automatically unlocked it after approval;
(two) other administrative departments to supervise the relevant projects, not according to the provisions of the completion acceptance record form, the need to submit the project completion acceptance report or acceptance certificate, as well as the opinions of the direct supervision department stamped with the official seal;
(three) the project is suspended for some reason, and the construction or supervision unit submits a written application and goes through the formalities for suspension of construction safety supervision;
(four) for the subcontract works, after the actual completion and acceptance, the subcontractor shall submit a written application, which shall be confirmed by the general contractor and the supervision unit;
(five) the project has been actually completed, and the completion acceptance and completion record have not been handled due to the reasons of the construction unit, and the construction or supervision unit has submitted a written application, which has been confirmed by the construction unit or the quality and safety supervision institution.
The management of the person in charge of small projects shall be implemented with reference to the provisions of this article.
Thirteenth enterprises in the daily operation, quality and safety management and other aspects of praise and reward, you can apply to the construction administrative departments at all levels for credit; Enterprises subject to informed criticism and punishment, the construction administrative departments at all levels should be compared with the corresponding deduction standards for the enterprise credit deduction. In the administrative area of Foshan City, in accordance with the "who rewards, who adds points; Who is punished, who points "principle.
The validity period of credit plus points and deduction points is set. Upon expiration of the validity period, the original credit bonus and deduction will automatically become invalid.
Article 14 If an enterprise undertakes an engineering project or a project invested and constructed by financial funds outside Foshan City, and receives relevant awards or is praised by notice, it will get credit points according to the enterprise award standard (Annex 2) with medals, certificates and documents issued, which will be reviewed and confirmed by the construction administrative departments at all levels.
Fifteenth enterprises to undertake the project, should be timely in the integrity management platform input project information. After the project is completed or accepted, apply for performance bonus. The performance of the project will be graded, and the number and scale of the project will be determined, which will be reviewed and confirmed by the construction administrative department of the project area.
The project performance bonus shall provide the following information:
(a) the bid-winning notice of the project (project subject to tender);
(two) engineering contracts (including survey and design contracts, construction contracts, engineering subcontracts, supervision contracts, cost consulting contracts, bidding agency contracts, etc.). );
(3) Construction permit or commencement report;
(four) the project completion acceptance certificate, project completion acceptance report or completion record form;
(five) survey, design, cost consultation, bidding agency documents, construction drawing review record form, etc.
Sixteenth the establishment of enterprise staff training and attendance system. Participants in the training include business leaders, technical leaders, persons in charge of production safety, quality and safety liaison officers, project managers, etc. The training content is mainly the national, provincial and municipal laws, regulations and documents related to the management of the construction industry; Attendance shall be supervised and inspected by the construction administrative departments at all levels and their entrusted institutions.
Article 17 Construction administrative departments at all levels and their entrusted institutions shall deduct points for bad behaviors and violations of enterprises in accordance with the Deduction Criteria for Various Enterprises (Annex 3) through daily supervision and inspection, dynamic verification, special inspection and complaints and reports from the masses.
Bad behaviors and irregular behaviors of enterprises are identified according to the following legal documents or documents. The time to determine the deduction shall be based on the date of issuance of relevant documents;
(a) the people's court has entered into force the judgment, ruling or arbitral award;
(two) the effective administrative punishment decision;
(three) the rectification notice or informed criticism document of the construction administrative department;
(four) the documents exposed by the news media, verified by the relevant functional departments or institutions, and make a decision;
(5) Other relevant documents.
Eighteenth the establishment of various types of registered practitioners and related management personnel integrity evaluation mechanism. Formulate corresponding credit plus standard (Annex 4) and deduction standard (Annex 5).
The initial credit score of registered personnel and related personnel is 100.
Nineteenth enterprises and individuals behavior rating standards, by the municipal construction administrative department in accordance with the provisions of the state, province and the city's relevant industries, timely revision, and timely announced to the public.
Article 20 The construction administrative departments at all levels and their entrusted institutions shall log in to the credit management platform to enter the withholding information within 10 working days after identifying the bad behaviors and irregularities of enterprises and individuals, and send a short message to inform the withholding object in time through the credit management platform.
Enterprises and individuals who have objections to the identification of bad behavior and irregular behavior on the basis of withholding shall, within 5 working days from the date of knowing or should know, submit a written complaint to the department that made the identification of bad behavior and irregular behavior.
After accepting the application, the relevant departments shall review it within 10 working days, and give a written reply to the complainant to make a decision on whether to deduct points. If an enterprise refuses to accept the decision, it may apply for administrative reconsideration or bring an administrative lawsuit.
Chapter IV Comprehensive Evaluation
Twenty-first of the construction enterprises that have been registered in good faith, the municipal construction administrative department shall conduct a comprehensive evaluation of integrity through the integrity management platform.
Twenty-second comprehensive evaluation of integrity is based on the dynamic score of enterprise integrity. The benchmark score of an enterprise's first registration in good faith is 100, and the benchmark score of a cancelled enterprise's re-application is the score before cancellation, and a dynamic evaluation system is implemented for comprehensive evaluation. The integrity management platform automatically evaluates the integrity level of enterprises according to the dynamic score of enterprise integrity.
Twenty-third corporate integrity is divided into four grades: A, B, C and D, which are determined according to the comprehensive evaluation grade standard of corporate integrity (Annex 6).
Chapter V Supervision and Administration
Twenty-fourth construction administrative departments at all levels shall, according to the credit rating of enterprises, implement differentiated supervision and management, and establish a red and black list system for construction enterprises:
(a) the integrity of A-level enterprises included in the red list of enterprises, the implementation of incentive mechanism, reduce the frequency of their daily supervision and inspection, evaluation of priority recommendation. The government, collective economic organizations or state-owned and collective capital investment accounts for the holding or leading position of the bidding project, and advocates giving priority to A-level enterprises;
(two) the implementation of normal supervision and management of the integrity of B-level enterprises;
(3) As the main object of supervision, honest C-level enterprises should appropriately increase the frequency of daily supervision and inspection;
(4) Incorporate D-level honest enterprises into the blacklist of enterprises, and take them as the key supervision objects, and comprehensively increase the frequency of daily supervision and inspection.
Twenty-fifth enterprises in any of the following circumstances, shall not be rated as a class, the period is 6 ~ 02 months, subject to the processing documents of the construction administrative departments at all levels or the entrusted institutions:
(1) Engineering quality and safety accidents;
(two) the cumulative integrity of the same project within 3 months was deducted by more than 30 points;
(three) by the construction administrative departments at all levels to stop work 1 time;
(four) there are other violations.
Twenty-sixth enterprises in any of the following circumstances, included in the blacklist of enterprises, the term is 6 ~ 02 months, subject to the handling documents of the construction administrative departments at all levels or entrusted institutions:
(a) the comprehensive evaluation of integrity is D;
(two) subject to administrative punishment by the construction administrative departments at all levels;
(three) within one year, the construction administrative departments at all levels have stopped work for more than three times;
(four) the rectification notice issued by the construction administrative departments at all levels or their entrusted institutions fails to give a written reply or refuses to implement it within 5 working days;
(5) Malicious arrears of project funds, arrears or deduction of wages of workers (except due to arrears of project funds by the construction unit or the owner);
(six) other adverse social impact.
The market access of blacklisted enterprises in the administrative area of our city is restricted, which shall be made clear by the tenderer or the employer in the tender documents. During the period, enterprises take effective measures to actively rectify, and if they perform well, they may apply to the construction administrative department that made the decision. After verification, it can be terminated early.
Twenty-seventh enterprises in any of the following circumstances, in the integrity management platform to lock it:
(a) was sentenced to suspend business for rectification;
(two) the qualification certificate or the "safety production license" has been temporarily suspended, revoked or invalidated according to law.
Enterprise locking shall be handled by the construction administrative departments at all levels according to the management authority, and the locking period shall be subject to the relevant legal documents.
Before the enterprise locks in, the projects that have won the bid or signed can continue to go through the follow-up procedures such as construction application and acceptance; During the lock-in, the enterprise may not undertake new engineering business, but the change of enterprise and personnel information and credit bonus can still be handled; During the lock-up period, the enterprise takes active measures to seriously rectify and eliminate the influence. If it performs well, the enterprise shall apply to the corresponding construction administrative department, and it can be unlocked in advance after examination and approval.
Article 28 A blacklist system for individuals in the construction industry shall be established. All kinds of registered practitioners and other management personnel in any of the following circumstances shall be included in the personal blacklist for a period of 6 ~ 12 months, subject to the processing documents of the construction administrative departments at all levels or entrusted institutions:
(a) registered practitioners and other management personnel integrity dynamic score below 60 points;
(two) after investigation, more than three times did not actually participate in project management;
(three) the project has a general and above production safety accident;
(four) due to arrears or deduction of workers' wages and other reasons causing adverse effects in the construction project (except for the construction unit's arrears of project funds);
(five) suspended by the superior administrative department of construction qualification;
(six) subject to administrative punishment by the construction administrative departments at all levels;
(seven) other adverse social impact.
Blacklisted individuals restrict market access within the administrative area of our city, which shall be specified by the tenderer or the employer in the tender documents.
Twenty-ninth construction administrative departments at all levels and their entrusted institutions shall, in accordance with the relevant provisions of these measures, implement the responsibility to individuals. Those responsible for dereliction of duty, malpractice and abuse of power shall be investigated for administrative responsibility according to law. If the circumstances are serious and suspected of violating the law, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 30 Where quantity is involved in these Measures, "above" includes this number, and "below" does not include this number.
Article 3 1 The person in charge of minor works refers to the person in charge of minor works construction management in the construction industry. According to the Notice on Strengthening the Construction Management of Small-scale Engineering Projects in Our Province and Defining the Qualification of the Person in Charge of Small-scale Engineering Projects (Guangdong Jianshi [2065438+00] No.26). Unless otherwise specified, it shall prevail.
Thirty-second approach by the municipal housing and urban and rural construction management bureau is responsible for the interpretation of.
Article 33 These Measures shall come into force as of July, 2065438 1 day. The original Measures of Foshan Housing and Urban-Rural Development Bureau for Integrity Management in Construction Industry (No.Fojianguan [2014]16) shall be abolished at the same time.
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