Regulations of Shanghai Municipality on the Administration of the Construction Market
Regulations of Shanghai Municipality on the Administration of the Construction Market
(October 28,2022)
[15th] No.136
(Adopted at the 39th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on October 21, 1997; amended for the first time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on the Administration of the Construction Market adopted at the 7th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on October 10, 2003; amended for the second time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on September 17, 2010; revised at the 14th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 25, 2014; amended for the third time in accordance with the Decision on Amending Nine Local Rules including the Regulation of Shanghai Municipality on Water Supply adopted at the 8th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on December 20, 2018; amended for the fourth time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 28th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on December 30, 2020; amended for the fifth time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Smoking Control in Public Places and other Five Local Rules and Abolishing the Provisions of Shanghai Municipality on the Administration of Enterprises' Name Registration adopted at the 45th Session of the Standing Committee of the 15th Shanghai People’s Congress on October 28, 2022)
Contents
Chapter I General Provisions
Chapter II Market Admittance and Construction Authorization
Chapter III Out-contracting and Contracting of Construction Project
Chapter IV Project Contract and Construction Cost
Chapter V Market Services and Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
With a view to strengthening the administration of the construction market of this Municipality, maintaining the order of the construction market, and protecting the legitimate rights and interests of the parties concerned, these Regulations are formulated in accordance with the provisions of the Construction Law of the People’s Republic of China and relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the construction market activities and the supervisory administration on the construction market in the administrative area of this Municipality.
Article 3
The municipal administrative department of construction shall be responsible for the unified supervisory administration on the construction market in this Municipality, and specifically perform the following duties:
1. organizing the formulation of supervisory policies for the construction market in this Municipality;
2. organizing the formulation of the local standards and norms of construction;
3. establishing a unified trading market for the construction projects in this Municipality;
4. being responsible for the administration on the qualifications of enterprises and employees of the construction market; and
5. other duties of unified supervisory administration defined by the Municipal People’s Government.
The district administrative department of construction shall, within its scope of authority, be responsible for the supervisory administration on the construction market within its own administrative areas.
The administrative departments of transportation, water affairs, sea, landscaping and city appearance, civil defense, and housing (hereinafter referred to as other relevant departments) shall, in accordance with the division of their functional duties defined by the Municipal People's Government, be responsible for the supervisory administration on the construction market of professional construction work.
The administrative departments of development & reform, planning and resources, environmental protection, emergency management, market regulation, finance, public security, fire control, economy and informatization, and human resources and social security in this Municipality shall, according to their respective functions and duties, cooperate to implement these Regulations.
Article 4
Those conducting construction market activities shall follow the principle of conformity with laws and regulations, honesty and trustworthiness, and orderly competition; it is prohibited to monopolize the construction market in any form, or disturb the order of the construction market by illegitimate means.
The principle of unification, openness, fairness and impartiality shall be adhered to in the administration of the construction market.
Article 5
A unified code system shall be adopted for construction projects. The project code obtained by the development unit in accordance with the provisions shall be used as the unified identity of the management of the whole construction period of the construction project.
Article 6
This Municipality shall encourage the scientific and technological study of construction and talent training, support the development and adoption of new technology, new process, new facilities, new materials and modern management methods for construction, upgrades the advanced, mature and applicable new technology into technical standards so as to give an impetus to the modernization of the construction industry.
Article 7
The related industry association of the construction market shall establish a set of rules and regulations to perfect industrial self-discipline and trading activities, guide the industry to develop in a healthy way, supervise and urge the members to abide by law in their activities of the construction market; for the members who are in violation of self-discipline norms, the industry association shall adopt corresponding reprimanding measures in accordance with the provisions of the articles of association.
Chapter II Market Admittance and Construction Authorization
Article 8
Units of survey, design, construction, supervision, cost consulting, and quality controlling for construction projects shall obtain the certificates of professional qualifications according to law, and undertake their business within their qualification scopes.
The construction unit of a construction project shall obtain a license for production safety in accordance with the relevant regulations of the State.
Article 9
A unit registered in other provinces/cities and intending to conduct construction activities in this Municipality shall submit the relevant information including the certificate of professional qualifications and the registered business license for specialized technical personnel issued by the State or the related administrative departments at provincial level to the municipal administrative department of construction.
Article 10
The specialized technical personnel of construction activity subject to the registration system stipulated by the State may carry out their activities within their registration scopes only after passing the qualifying examination and obtaining the registered practicing certificates.
Article 11
A registered practitioner shall not conduct the following acts:
1. leasing or lending the registered practicing certificate or the practitioner seal;
2. being engaged in the business activities exceeding the registration scope or the employer’s business scope;
3. signing or sealing on the document completed not by him/herself; and
4. other acts prohibited by laws, rules and regulations.
Article 12
The professional staff responsible for the construction, quality, safety, standards, materials, machines, labor services and information on construction sites shall receive the job training organized by the employer and pass the professional competency appraisal.
Article 13
A development unit shall submit relevant construction project information to the municipal and district administrative departments of construction before the out-contracting of the construction project.
Article 14
For the start-up of a construction project, a construction permit shall be obtained in accordance with the relevant regulations of the State. The construction project without a construction permit shall not be allowed to start.
A construction unit shall make known to the public the items including the serial number of the construction permits for the construction project, the name of the project, the construction address, the construction scale, the development unit, the design unit, the construction unit, the supervision unit, the contract period and the project manager at the conspicuous positions on the construction site, except for confidential projects.
Chapter III Out-contracting and Contracting of Construction Project
Article 15
Where out-contracting of construction project shall be called for a bid according to law, the development unit may conduct package contracting or construction out-contracting only after the completion of such formalities as project examination, approval, and filing for the construction project.
Article 16
The package contracting and the out-contracting of survey, design and construction of a construction project shall meet the following requirements:
1. an out-contracting unit shall be a legal person or other organizations founded according to law;
2. possessing materials or documents that satisfy the requirements of contracting; and
3. having secured the sources of construction funds.
The construction out-contracting of the construction project invested by government shall be conducted with the documents of construction drawing design, yet except for those with complicated technology of construction or with the requirement of new technology and new process, and upon the verification and approval of the municipal administrative department of construction.
Article 17
The contract of survey, design and construction of a construction project may wholly be awarded to one contracting unit as package contracting; or it may be separately awarded to different contracting units.
An out-contracting unit shall not award the contract that shall be completed by one contracting unit to several contracting units by splitting the construction project into several portions. The municipal administrative department of construction shall, in conjunction with other relevant departments, clarify the specific administrative requirements.
Article 18
The out-contracting of a construction project shall be classified into the out-contracting by bidding and direct out-contracting.
The out-contracting by bidding for a construction project shall be classified into the out-contracting by open bidding and the out-contracting by invitation for bid.
Article 19
The construction project invested totally or partially with State-owned funds or financed by the State as well as those using the funds loaned or aided by international organizations or foreign governments may not need to conduct out-contracting by invitation for bid, yet except as otherwise provided by the State.
For the government's franchising project whose investor is selected through invitation for bid and who has the corresponding qualifications and conducts the construction by itself, it may not need to conduct out-contracting by invitation for bid.
Article 20
A unit with the qualifications of survey, design or construction that is to start a construction project invested by itself may undertake the corresponding work within the tolerance range of its qualifications.
For the small-scale construction added to the project under construction or the floor-adding construction to the main building, the package contracting, or the contracting of the survey, design and construction of the construction project may directly be awarded to the original contracting unit if it has the contracting capacity.
Article 21
An out-contracting unit shall, in accordance with the relevant regulations of the State and this Municipality, release bidding announcement on the media designated by the municipal administrative department of construction and other related administrative departments for the construction project whose out-contracting shall be awarded through open bidding according to law.
The model text for bidding formulated by the municipal administrative department of construction and other related administrative departments shall be encouraged to adopt.
Article 22
The bid appraisal commission organized by the bid inviters according to law shall be responsible for the evaluation of bid.
In case the bid inviter and the bid appraisal commission members collude to determine the bid-winner, the proposal approval shall be of no effect.
Article 23
Where the package contracting of a construction project is awarded, the general contracting unit shall have the corresponding qualifications for design or construction, and establish a project management system matching the package contracting work of the construction project.
Where the construction project is subject to package contracting, the general contracting unit shall be responsible for the construction quality. Where the general contracting unit sub-contracts a part of the contract project to other units with the consent of the out-contracting unit, the general contracting unit and sub-contracting units shall bear joint responsibility for the out-contracting unit in regarding to the sub-contracting work.
Article 24
Over two survey, design and construction units may form a consortium for the contracted project. All the parties of a consortium shall sign consortium agreements, designating one party as the sponsor of consortium, and bear joint responsibility for the performance of the contract.
All the parties of a consortium shall undertake the construction project within their own respective tolerance range of qualifications; the consortium formed by the enterprises within the same qualification category but of different grades shall undertake the construction project in accordance with the qualifications tolerance range of the lower-grade contracting unit.
The unit that has joined a consortium shall not participate in the separate bidding or the bidding of other consortia for the same construction project.
Article 25
Where the package contracting of a construction project is awarded, the general contracting unit shall complete the construction of the main structure work by itself, and assume the following responsibilities in the construction of the main structure work:
1. setting up a project management entity on the construction site;
2. providing the administrative personnel of its own on the construction site as required;
3. strengthening quality and safety management on the construction site;
4. purchasing and supplying the primary materials for the main structure work by itself; and
5. other responsibilities prescribed by laws and administrative rules.
The general contracting unit and the development unit shall make clear in the general contract the contents including the project’s sub-contracting, and the supply mode of construction materials and equipment.
The administrative department of construction and other relevant departments shall strengthen the supervision and control on the construction site of the general contracting unit.
Article 26
The development unit, which needs to designate professional sub-contracting units, or units for supplying construction materials or equipment within the package contracting of construction, shall make clear declaration about this requirement in its bidding documents or negotiate with the general contracting unit in advance, and enter their agreement in the general contract of construction; the designated professional sub-contracting unit or the unit for supplying materials and equipment shall accept the management of the general contracting unit, and the general contracting unit shall be responsible for the settlement and payment of the relative project funds.
The development unit which needs to award separately a contract for a professional construction project outside the scope of the package contracting of construction shall enter into an agreement in writing on the mode of work-site management with the general contracting unit of construction in advance.
The responsibilities of a development unit shall be made clear in the contract of the development unit and the general contracting unit if the mode of out-contracting listed in the preceding two clauses is adopted.
Article 27
The units of package contracting, survey, design, construction, and supervision shall not conduct the following acts when undertaking the construction work:
1. undertaking the construction work by borrowing qualifications from others or in the name of others;
2. undertaking construction work by such illegitimate means as bribery;
3. participating in the public bidding for the construction work with the interested agency as its bidding agency;
4. providing fabricated or falsified materials;
5. failing to undertake in the form of bidding the construction work that must be contracted through bidding; and
6. other acts prohibited by laws, rules and regulations.
Article 28
A contracting unit shall not conduct re-contracting. Any of the following circumstances is regarded as the re-contracting of a contracting unit:
1. the general contracting unit of a construction project hands over all the design or construction work within the range of their qualifications to other units or individuals for its accomplishment;
2. the contracting unit of survey and design hands over all the survey or design work to other units or individuals for its accomplishment; and
3. the general contracting unit of construction hands over all the construction work to other units or individuals for its accomplishment.
Article 29
The contracting unit of construction shall not conduct sub-contracting in violation of laws. Any of the following circumstances is regarded as the illegal sub-contracting of a contracting unit of construction:
1. sub-contracting construction work to a unit or an individual without corresponding qualifications;
2. a professional sub-contracting unit conducts professional re-contracting of its contracted construction work;
3. a sub-contracting unit of labor services conducts re-contracting of its contracted labor services; and
4. other circumstances provided by laws and administrative rules as sub-contracting in violation of laws.
Article 30
A development unit may independently entrust the intermediary service agencies such as bidding agency and cost consulting agency. The bidding agency and the cost consulting agency shall not at the same time accept the entrustment of the same bid inviter and bidder of a construction project. They shall not accept the entrustment of two or more bidders of the same construction project either.
Article 31
A development unit may entrust a project management unit with the corresponding qualifications of design, construction, supervision, or cost consultation of construction projects to carry out the project management services throughout the overall process or several periods of a construction project.
A project management unit shall, equipped with the specialized technical personnel and administrative personnel with corresponding operational capability, provide project management services in the periods of pre-planning, project design, preparation before construction, construction, final acceptance and warranty of a construction project, and may also, within its range of qualifications, provide the professional services of supervision, bidding and cost consultation for the same construction project.
A design unit or a construction unit engaged in the project management shall not undertake the package contracting, design or construction items of the same construction project.
This Municipality shall promote step by step the overall process management for the construction projects invested by the government via entrustment to project management units.
Chapter IV Project Contract and Construction Cost
Article 32
For undertaking the package contracting, survey, design and construction items of a construction project, a written contract of the construction project shall be signed. For undertaking the work of project management, bidding, cost consultation, supervision and monitoring of a construction project, a written entrustment contract shall be signed. The model contracts formulated by the State and this Municipality shall be encouraged to utilize.
The major terms of a bidding contract for the construction projects with public bidding, including the construction contents, the contract price and its pricing mode, the period of construction, the construction quality standards and the project manager for a construction project shall conform with the main contents of the bid-inviting documents and those of the bid-winners.
Article 33
The out-contracting unit and the entrusting unit shall send the contract information of construction contents, contract price, pricing mode and project managers to the administrative department of construction within 30 days upon the signing of a contract. In case the alteration of the contract information occurs, the out-contracting and the entrusting unit shall send the altered information to the original administrative department within 15 days upon the alteration of the items.
Only the contracting project submitted and accomplished according to law may be used as outstanding achievements when an enterprise applies for qualifications upgrading and expanding and participates in public bidding.
Article 34
Where the fluctuation of market price goes beyond regular extent in the process of performing the contract and it is not agreed upon in the contract, the contracting parties shall make a negotiation for the adjustment of the contract price.
Article 35
For the out-contracting and contracting of a construction project totally or mainly invested with State-owned funds, the mode of quantities inventory shall be adopted for pricing. The quantities inventory shall be formulated in accordance with the norms for inventory pricing of the State and this Municipality.
Where bid invitation for construction is carried out for a construction project totally or mainly invested with State-owned funds, the bid inviter shall announce the highest bid prices when releasing the bidding documents, and shall submit them to the administrative department of construction or other relevant departments for future reference.
For the out-contracting and contracting of a construction project invested with other funds, it shall be encouraged to adopt the mode of quantities inventory for pricing.
Article 36
The out-contracting unit shall settle and make the advanced payment, progress payment and completion payment of construction in accordance with the provisions of laws and the contract.
Upon the completion of a construction project, the out-contracting units and contracting units shall make the completion settlement in accordance with the contract.
For newly started construction projects that cannot be completed but are started in the current year, process settlement shall be implemented. The process settlement documents confirmed by the out-contracting unit and contracting unit shall be an integral part of the project completion settlement documents.
After submitting the report of final acceptance, the contracting unit shall submit to the out-contracting unit the report of completion settlement and the complete settlement materials in accordance with the contract time. The out-contracting or the cost consulting agency entrusted by the out-contracting unit shall make verification within 60 days and produce verifying opinions, except as otherwise stipulated by the contract.
The out-contracting unit shall, within 30 days upon the confirmation for the documents of completion settlement, submit the said documents confirmed by both parties to the administrative department of construction or other relevant departments for the record.
Article 37
The municipal administrative department of construction shall formulate city-wide construction cost information data standards jointly with other relevant departments and establish a city-wide construction cost information platform.
For the construction project totally or mainly invested with State-owned funds, the administrative department of construction and other relevant departments shall give publicity to the highest bid price, the winning bid price, and the completion settlement price on the website designated by the municipal administrative department of construction.
Article 38
The contracting parties of a construction project shall adopt such guarantee modes as bidding guarantee, performance guarantee, advanced payment guarantee and project payment guarantee, to reduce the risk of contract performance.
The out-contracting unit which requires the contracting unit to provide its performance guarantee shall at the same time provide the contracting unit with its project payment guarantee.
Article 39
Where the mode of quality guarantee deposit is adopted for the quality liability of construction in the contract of a construction project, the quality guarantee deposit shall be left in the department of finance or the out-contracting unit of the construction project that utilizes government finance in accordance with the relevant regulations of the State.
Where the mode of construction quality insurance is adopted for the quality liability of construction in the contract of a construction project, the construction quality guarantee deposit shall no longer be established.
Chapter V Market Services and Supervision
Article 40
The administrative department of construction and other relevant departments shall conduct the supervision and administration activities of administrative permit, the supervision and administration of bid invitation and bidding, contract supervision, registered practitioners administration, construction quality and safety supervision, etc. via the city-wide unified management information system of construction.
The municipal administrative department of construction shall, jointly with the municipal administrative department of human resources and social security, establish a labor service information system for construction personnel, provide the labor service and employment units with the information of the real-name registered construction workers, and provide the contract workers with the labor demand information of labor service and employment units.
Article 41
The municipal administrative department of construction shall establish a unified and standard trading center of construction work to provide places, facilities as well as the services of information and consultation for the trading activities of construction work.
Article 42
The municipal administrative department of construction shall establish a panel of experts for bid appraisal and a panel of experts for special technological evaluation of construction work.
The municipal administrative department of construction shall, in conjunction with other relevant departments, in accordance with the relevant provisions of the State and this Municipality as well as the actual needs of this Municipality in the administration of technical evaluation of construction projects, establish a panel of experts for bid appraisal of construction projects and a panel of experts for special technical evaluation.
Where a bid appraisal is made at the construction work trading center in this Municipality as well as the special technological evaluation activities are carried out in accordance with the regulations of the State or this Municipality, experts shall be selected separately from this Municipality’s panel of experts for bid appraisal or the panel of experts for special technological evaluation of construction work.
The experts shall perform duties impartially and justly with the observance of professional ethics in the process of bid appraisal or special technological evaluation, and assume the personal responsibility for the evaluation opinions submitted.
Article 43
This Municipality shall put in practice a system for review on construction drawing and design documents. The verifying institution of construction drawing and design documents shall be determined by the municipal administrative department of construction or by other relevant departments according to law and shall be made known to the public.
Article 44
The verifying institution of construction drawing and design documents shall carry out the verifying activities of construction drawing and design documents in accordance with the relevant regulations of the State and this Municipality, and shall not conduct the following acts:
1. verifying construction drawings beyond the scope;
2. employing unqualified verifiers;
3. failing to verify the designated contents;
4. failing to accomplish the verification in the designated time; or
5. other acts prohibited by laws, rules and regulations.
Article 45
The municipal administrative department of construction or other relevant departments shall strengthen the supervision on verifying institutions and verifiers, and shall at regular intervals give publicity to the supervisory results.
Article 46
The administrative department of construction and other relevant departments shall carry out dynamic supervisory administration on construction marketing activities. Where an enterprise’s qualifications or production safety conditions are found failing to comply with the permit conditions, it shall be ordered to make a correction within a prescribed time limit, and the undertaking of new services shall be suspended within the correction period; if it fails to make a correction within the prescribed time limit, the permit department shall lower its qualifications grade or revoke its qualifications certificate; as for the enterprises entering Shanghai from other provinces/cities, such a case shall be handed over to the certificate issuing department for handling according to law.
The administrative department of construction and other relevant departments may take such measures as letter consultation and risk warning when conducting supervision and ,management of contracting activities.
The administrative department of construction and other relevant departments shall, while carrying out the supervision on the construction site, make comparisons between the main contents of the contract and field situations..
This Municipality shall establish and improve a cooperative supervision mechanism for construction market activities. The administrative departments of development and reform, finance, auditing, state-owned assets, planning and resources, market regulation, public security, human resources and social security shall, in accordance with their duties, strengthen the coordinated supervision of construction market activities.
For construction projects invested by the government, the administrative departments of development and reform, finance, auditing and state-owned assets shall, in accordance with their functions and duties, carry out supervision and management focusing on such aspects as the review of the funds implementation, funds allocation, funds supervision, audit supervision and the operating performance assessment of state-owned enterprises.
Article 48
The municipal administrative department of construction shall, jointly with other relevant administrative departments, organize and prepare the technical management documents of standards, administrative norms, quota, and pricing rules for the construction work in this Municipality, and make them known to the public.
Article 49
This Municipality shall promote the construction of the credit system for the construction market. The administrative department of construction and other relevant departments shall establish their credit information data base, record the credit information of each unit and registered practitioner in their construction market activities. The credit information shall be assembled on the information service platform of the municipal public credit, and shall be made known to the public.
The development unit of a construction project invested by the government shall utilize credit information in the activities of bid invitation and bidding. Other entities shall be encouraged to utilize credit information in their construction market activities.
The administrative department of construction and other relevant departments shall put into practice the classified management in accordance with the credit status of each unit and registered practitioners in their construction market activities, strengthen the supervision over those credit-losing units and practitioners, and provide convenience for those units and practitioners with good credit.
Article 50
This Municipality shall carry out the inspection work on construction fields in accordance with the relevant provisions of the State, and exercise supervision and inspection on the implementation of the laws, rules, regulations, standards and relevant policies of the administrative department of construction and other relevant departments.
Chapter VI Legal Liability
Article 51
Where the Construction Law of the People’s Republic of China and the Regulations of Quality Control on Construction Work as well as other relevant laws and administrative rules have provided for punishment for the acts in violation of these Regulations, such provisions shall apply.
Article 52
An enterprise from other province/city failing to submit the information as required in violation of the provision of Article 9 of these Regulations shall be ordered to make a correction within a prescribed time limit; if it fails to make the correction within the prescribed time limit, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed.
Article 53
Any registered practitioner who conducts operational activities, or leases or lends the registered practicing certificate or the operational seal in violation of the provision of Article 11 of these Regulations shall be ordered to stop the illegal acts by the administrative department of construction or other relevant departments, and a fine of not less than 10,000 but not more than 30,000 yuan shall be imposed on him/her; if there are illegal gains, such gains shall be confiscated, and a fine of not less than twice of the illegal gains but not more than five times of the illegal gains shall be imposed on him/her; if the case is serious, a revoking of the qualification certificate shall be submitted to the issuing department.
Article 54
A construction unit failing to give public notice on the construction site of a construction project as required in violation of the provision of Clause 2 of Article 14 of these Regulations shall be ordered to make a correction within a prescribed time limit by the administrative department of construction or other relevant departments, and a fine of not less than 10,000 yuan but not more than 30,000 shall be imposed.
Article 55
Any unit of construction package contracting, survey, design, construction and supervision with any of the following circumstances in violation of the provision of Article 27 of these Regulations shall be punished in accordance with the following provisions by the administrative department of construction or other relevant departments:
1. Any unit without qualification certificate that undertakes the survey, design and supervision of construction by borrowing qualifications from others or in the name of others shall be ordered to stop the law-breaking act, and a fine of not less than twice but not more than four times of the survey, design and supervision charges agreed upon in the contract shall respectively be imposed on the units of survey, design or supervision that violate the rules; for a construction package constructing unit or a construction unit that violate the rules, a fine of not less than 5% but not more than 10% of contract expenses shall be imposed on it; if there are illegal gains, such gains shall be confiscated; and it shall be ordered to stop its business for rectification and its qualifications may be degraded; if the case is serious, the certificate of qualifications shall be revoked.
2. Any unit that undertakes construction work by such illegitimate means as bribery shall be ordered to make a correction, and for the units of survey, design and supervision that violate the rules, a fine of not less than twice but not more than four times of the survey, design and supervision charges agreed upon in the contract shall respectively be imposed on them; for a construction package contracting unit or a construction unit that violates the rules, a fine of not less than 5% but not more than 10% of contract expenses shall be imposed on it; and it may be ordered to stop its business for rectification and its qualifications may be degraded; if the case is serious, its qualifications certificate shall be revoked.
3. Any unit that provides falsified materials shall be ordered to make a correction within a prescribed time limit, and a fine of not less than 100,000 yuan but not more than 300,000 shall be imposed on it; and if there are illegal gains, such gains shall be confiscated; if the case is serious, the qualifications certificate shall be suspended or revoked.
4. Any unit that fails to undertake in the form of bidding the construction work which must be contracted through bidding shall be ordered to stop the construction activities, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed on it.
Article 56
Any cost consulting agency that accepts at the same time the entrustment of a bid inviter and a bidder or more than two bidders in violation of the provision of Article 30 of these Regulations shall be ordered to make a correction within a prescribed time limit and be given a warning by the administrative department of construction or other relevant departments, and a fine of not less than 30,000 but not more than 100,000 yuan shall be imposed on it.
Article 57
An out-contracting unit or an entrusting unit that fails to send the contract information as required in violation of the provision of Clause 1 of Article 33 of these Regulations shall be ordered to make a correction within a prescribed time limit by the administrative department of construction or other relevant departments; a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed on it if it fails to make the correction within the prescribed time limit.
Article 58
An out-contracting unit that fails to go through the formalities of filing a record for the documents of completion settlement as required in violation of the provision of Clause 5 of Article 36 of these Regulations shall be ordered to make a correction within a prescribed time limit by the administrative department of construction or other relevant departments, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed on it.
Article 59
Any expert of evaluation that fails to perform duties impartially and justly in violation of the provision of Clause 3 of Article 42 of these Regulations shall be ordered to make a correction by the municipal administrative department of construction; and if the case is serious, his/her qualifications of evaluation expert shall be canceled.
Article 60
Any verifying institution of construction drawing and design documents that fails to carry out the verifying activities of construction drawing and design documents in violation of the provision of Article 44 of these Regulations shall be ordered to make a correction by the municipal administrative department of construction or other relevant departments, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed on it; for the construction drawings with a verification certificate yet still in violation of the laws and rules and the mandatory construction standards, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed on it; if the case is serious, it shall no longer be listed in the names of the verifying institutions by the municipal administrative department of construction or other relevant departments.
Article 61
Any staff member of the relevant administrative departments that falls in any of the following circumstances in violation of the provision of these Regulations shall be given an administrative sanction by its own unit or the superior administrative department according to law; if a crime is constituted, the wrongdoer shall be investigated for criminal liability according to law:
1. conducting administrative permit or administrative penalty in violation of laws;
2. intervening in construction out-contracting and contracting in violation of laws;
3. failing to perform supervisory functions and duties in accordance with the provision of these Regulations;
4. failing to investigate in time after finding illegal acts, or covering up or conniving the law-breaking acts and causing bad consequences; or
5. other acts of neglecting duties, abusing powers or playing favoritism and irregularities.
Chapter VII Supplementary Provisions
Article 62
The meaning of relevant terms in these Regulations are as follows:
1. Construction projects refer to those of civil engineering, construction, pipelining and, equipment installation, decoration, gardening and greening, and repairing.
2. Construction market activities refer to those in the process of construction, extension, renovation of a construction project and in the process of decoration, dismantling and repairing of an existing building or structure conducted by the main parties for out-contracting, contracting, intermediary services, and concluding and fulfilling a contract.
3. Government investment refers to the activity of fixed-assets investment with governmental funds within the administrative areas of this Municipality. Governmental funds include the investment funds within the financial budget, various special construction funds, foreign loans of unified borrowing and other governmental funds.
Article 63
These Regulations shall be effective as of October 1, 2014.