Regulations of Shanghai Municipality on the Administration of Materials for Construction Projects

(Adopted at the 14th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on November 26, 1999; amended for the first time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on the Administration of Materials for Construction Works and 11 Other Local Rules adopted at the 22nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 23, 2015; amended for the second time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on the Administration of Highways and Nine Other Local Rules adopted at the 18th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 31, 2024)

Chapter I General Provisions

Article 1

With a view to strengthening the management on materials for construction projects, guaranteeing the quality and safety of construction projects, and promoting the development of new types of construction project materials, these Regulations are formulated in accordance with the Product Quality Law of the People's Republic of China and the Construction Law of the People's Republic of China, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the production, sales, use and supervision of construction project materials, and the management of the promotion and application of new types of construction project materials within the administrative region of this Municipality.

The construction project materials in the preceding paragraph refers to structural and functional materials such as steel, cement, sand, gravel, commodity concrete, pre-cast concrete components, materials for walls, pipelines, doors and windows, and waterproof materials.

Article 3

The municipal construction administrative department shall be in charge of the supervisions and management of the use of construction project materials, and the management of the promotion and application of new types of construction project materials. District construction administrative departments shall, according to their duties, take charge of the administrative work on construction project materials within their respective administrative region.

The market regulation department shall be in charge of the management of the quality supervision of the production and sales of construction project materials in accordance with law.

The departments of economy and informatization, science and technology shall coordinate in implementing these Regulations according to their respective duties.

Chapter II Quality Control of the Construction Project Materials

Article 4

The manufacturer of construction project materials shall, in accordance with relevant provisions of the State and this Municipality, manufacture the construction project materials in compliance with quality standards, and provide the quality guarantee letter and the instructions, and it shall be responsible for the quality of its construction project materials that has left its factory (shop). The manufacturer shall not pass off the spurious as the genuine, or the inferior as the good, or sell unqualified products as qualified ones.

Article 5

The unit selling construction project materials shall check and accept the materials when receiving them, verify the production license, the quality guarantee letter, and the instructions.

The unit selling construction project materials shall be held liable for the quality of the construction project materials that it sells. The sales unit shall not pass off the spurious as the genuine, or the inferior as the good, or sell the unqualified products as qualified ones. The sales unit shall furnish the buyer with copies of the production license, the quality guarantee letter, and the instructions.

Article 6

The development unit, the general contractor of a construction project, or the construction unit shall purchase construction project materials that are in conformity with the design requirements of the construction project. In case the construction project design requires using a complete set of construction project materials, the complete set of construction project materials in conformity with the requirements of the design shall be purchased.

Article 7

The development unit, the general contractor of a construction project, or the construction unit shall purchase construction project materials through bidding for the following construction projects in this Municipality:

1. major projects of infrastructure, public utilities and any other projects that relate to social public welfare and public security;

2. projects that are invested in with all or part of state-owned funds, or that utilize state financing;

3. projects that utilize loans or aid from international organizations or foreign governments; 

4. and other projects provided by law or the State Council.

Article 8

The construction unit shall carry out inspection and quality test on the incoming construction project materials. It shall not use any unqualified construction project materials.

If a construction unit inspects the construction project materials on its own, it shall obtain the appropriate qualifications. If it has not obtained the appropriate qualifications, it shall entrust a testing institution with appropriate qualifications to inspect and test the materials.

The municipal construction administrative department shall formulate specific procedures for a construction unit to inspect the quality of construction project materials.

Article 9

For a construction project subject to supervision, the quality and use condition of its construction project materials shall be included in the scope of the supervision over the construction project.

The supervision unit shall supervise and inspect the construction unit's quality test of the construction project materials. The construction project materials that have not been approved with the signature of the supervision unit shall not be used in the construction project.

Article 10

The municipal and district construction administrative departments shall, jointly with relevant departments, strengthen the supervision and management of materials for construction projects, establish and perfect the traceability system for the quality and safety of materials for construction projects, and implement the whole-process management over the production, sale, and use of materials for construction projects.

Article 11

The market regulation department shall conduct spot tests of the quality of construction project materials manufactured and sold according to the provisions of the relevant laws, rules, and regulations.

Construction administrative departments shall, on a regular basis, organize random inspections of the quality of the construction project materials entering construction sites in this Municipality.

The market regulation department and the construction administrative departments shall promptly announce the results of their spot tests on the quality of the construction project materials. The expenses needed for the spot tests shall be allocated by the same-level finance department; no fee shall be imposed on the examinee.

Article 12

Any unit and individual may report the quality problems of construction project materials to the market regulation department and the construction administrative departments. The market regulation and the construction administrative departments shall accept the case and handle it in a timely manner.

Chapter III Control over the Promotion and Application of New Types of Construction Project Materials

Article 13

This Municipality encourages the development, promotion and application of new types of construction project materials that save land and energy, contain high-tech, and are favorable to environmental protection.

The scopes and categories of new types of construction project materials shall be made public by the municipal construction administrative department to facilitate public inquiries.

Article 14

Construction project design units are encouraged to prioritize the use of the new types of construction project materials that are being promoted and applied, and shall design in compliance with their supporting technical standards.

The development units, the general contractors of the construction project, or the construction units are encouraged to prioritize the procurement and utilization of the new types of construction project materials.

The construction units shall master the construction technology of new types of construction project materials, and shall lay down the operating rules according to the new-type-material construction technology.

Article 15

The manufacturer of new types of construction project materials may apply to the municipal construction administrative department for the certification of their new types of construction project materials. The specific measures shall be separately formulated by the municipal construction administrative department.

Article 16

This Municipality prohibits or restricts the production and use of construction project materials that are environment-polluting, high-energy consuming, and backward in production technology.

The list of prohibited or restricted production and use of construction project materials shall be proposed by the municipal construction administrative department jointly with other relevant departments, and shall be made public upon approval by the Municipal People’s Government.

Chapter IV Legal Liability

Article 17

For acts that violate these Regulations, where laws and rules have otherwise provisions for punishment, such provisions shall prevail.

Article 18

Where a general contractor of the construction project or a construction unit uses materials that are prohibited from being used in construction projects, the construction administrative department shall order it to make a correction and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan thereon.

Article 19

If the person-in-charge and other persons of the administrative departments who are directly responsible for the production, sales, use, supervision and control of construction project materials, and for the promotion and application of new types of construction project materials, neglect their duties, abuse their power, or act wrongly for selfish ends, such persons shall be given sanctions according to law. Those whose wrongful act constitutes a crime shall be prosecuted for criminal liability according to law.

Chapter V Supplementary Provisions

Article 20

These Regulations shall be effective as of January 1, 2000.