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Your location: Home>News>The People's Republic of China Ministry of Construction Order
The People's Republic of China Ministry of Construction Order
"Construction quality control management approach" was August 23, 2005
by the 71 executive meeting to discuss, is hereby released from
November 1, 2005 implementation.
Minister of Construction Wang Guangtao
September 28, 2005
Construction Quality Inspection Regulations
The first construction project to strengthen quality inspection on the
management, according to "The People's Republic of China Construction
Law", "Construction Quality Control Regulations", to develop this
approach.
The second application involved in buildings and structures the
structural safety of the test blocks, test specimens and related
materials, engineering quality inspection agency qualification, the
implementation of the construction engineering quality supervision and
management of inspection activities, shall comply with these measures.
The term construction quality inspection (hereinafter referred to as
quality testing), is the project quality inspection agency (hereinafter
referred to as testing organizations) entrusted, according to relevant
laws, regulations and mandatory standards for construction, structural
safety of the project involved the sampling detection and access to the
construction site of building materials, components and parts of the
testimony sampled.
Article shall then be responsible for the national quality supervision
and management of testing activities and testing organization
responsible for setting standards for qualification.
Provinces, autonomous regions and municipalities shall be responsible
for construction of the administrative area of quality control to
supervise and administer, and is responsible for qualification testing
agency for approval.
City and county government departments responsible for construction of
administrative regions supervise the quality of testing activities.
Article IV testing organization is an independent legal status of
intermediaries. Testing agency in the way the provisions of Annex I to
the quality of testing services, should be based on the way to obtain
the corresponding certificate of qualification.
Testing agency qualification testing in accordance with its commitment
to business intelligence is divided into special inspection agencies
and testing agencies qualified witness sampling. Qualification
standards testing organizations provided in Annex II.
Testing organizations have not achieved the appropriate qualification
certificate, as provided herein shall not undertake quality testing
services.
Article shall apply to qualified institutional test provinces,
autonomous regions and municipalities building department to submit the
following application materials:
(A) "inspection agency qualification application" in triplicate;
(B) Original and photocopy of business license;
(C) application with the corresponding detection range of the
measurement qualification certificate and a copy of the original;
(D) of the main testing apparatus, equipment list;
(E) the titles of technical certificates, identity cards and social
insurance and a copy of the original contract;
(F) testing agency management system and quality control measures.
"Application Form for Qualification testing organization" formulated by
the State Council department in charge of building styles.
Article provinces, autonomous regions and municipalities in charge of
construction sector, after receiving the application materials, shall
be made immediately whether to accept the decision, a written
certificate issued to the applicant; application materials are
incomplete or do not meet the statutory form, it should be inform the
applicant within 5 days once all the content needed to make
corrections. Those who do not tell, from the date of receipt of the
application materials shall be accepted.
Provinces, autonomous regions and municipalities building department
received an application for qualification, application materials should
be reviewed, the date of acceptance within 20 working days for approval
and completion of a written decision. Meet the qualification standards,
since the decision made within 10 working days from the date of
issuance of "Certificate inspection body" shall be reported to the
State Council in charge of construction for the record.
Article VII, "Qualification testing organization" should indicate the
detection of business, into the original and the copy of the
construction by the State Council department in charge style, is, a
copy of the same legal effect.
Article VIII Qualification testing institution valid for 3 years.
Certificate valid expiry, the analysis organization in the
qualification certificate shall be 30 working days before the
expiration apply for permits.
Testing agencies in the qualification certificate is valid without the
following acts within, the qualification certificate expiry of the
approval of the original examination and approval authority for
approval, no review, qualification certificate valid for 3 years
extension, the original examination and approval authority in their
qualification certificates stamped seal extension ; test the validity
of institutions in the qualification certificate of one of the
following acts, the original examination and approval authority shall
not grant an extension:
(A) exceed the qualification range of activities involved in testing;
(B) Subcontracting detection operations;
(3) Altering, lease, lend or otherwise illegal transfer of
qualification certificates;
(D) is not mandatory according to national standards for the
construction inspection, quality and safety caused by an accident or
incident resulting loss enlarged;
(E) forging test data, test reports, or identification issued by a
false conclusion.
Article qualification testing agency after testing agency no longer
meet the corresponding qualification standards, provinces, autonomous
regions and municipalities in charge of construction department of the
request of an interested party or ex officio, may order its correction
by a deadline; fails to do so, you can withdraw the corresponding
certificate of qualification.
Article No unit or individual shall not be altered, reselling, leasing,
lending or other forms of illegal transfer of certificate of
qualification.
Article inspection agency to change the name, address, legal
representative, technical officer, shall, within 3 months to the
original examination and approval authority for the change.
Article XII of the Regulations of the quality testing services, from
project construction unit entrust qualified testing agency for testing.
The agent and the Client shall sign a written contract.
Test results on the test results to interested parties disputed by both
parties recognized testing organizations recheck, recheck the result by
the proposed parties submitted to the local building department for
filing.
Article XIII of sampling quality control samples should be strict
enforcement of construction standards and state regulations, the
construction unit or units under the supervision of on-site project
supervision sampling. Provide quality testing sample units and
individuals should be responsible for the authenticity of the sample.
Article XIV of the completion of testing organizations test business,
shall promptly issue a test report. Test report signed by the
inspectors, testing agencies or their authorized legal representative,
have signed and affixed seal of inspection agency official seal, or
after the test to be effective. Test report by the construction unit or
project supervision unit confirmed, filed by the construction unit.
Witness the test sample test report should indicate the names of units
and witnesses.
Article XV of any unit or individual may express or implied false
testing report issued by testing organizations shall not be altered or
falsified test reports.
Article XVI testing personnel shall not hold posts in the detection of
two or more agencies.
Inspection bodies and testing personnel shall not recommend or producer
of building materials, components and equipment.
Inspection agency shall not administrative organs, laws and regulations
authorized to administer public affairs organizations, and projects
related to the detection of design units, construction units,
supervision of subordinate units or other interests.
Article XVII testing institution shall not subcontract testing
business.
Testing organizations across provinces, autonomous regions and
municipalities bear the detection of business should be to the works of
the province, autonomous regions and municipalities in charge of
construction for the record.
Article XVIII testing institution shall report on its testing data and
testing the authenticity and accuracy.
Testing in breach of the laws, regulations and mandatory standards
construction, causing losses to others shall bear the corresponding
liability.
Article XIX testing institution shall be found during the inspection of
the construction units, supervision units, the construction unit, in
violation of relevant laws, regulations and mandatory standards in the
construction and test results related to structural failure, and timely
reporting project construction site authorities.
Diershitiao testing institution shall establish records management
system. Detection of the contract, Order, the original records,
inspection reports should be on an annual uniform numbers, numbers
should be continuous, not free pumping removed, altered.
Testing institution shall establish a separate test results failed
projects Ledger.
Article 1 of the local people building departments should strengthen
supervision and inspection of the testing agencies, mainly the
following:
(A) verify compliance with these provisions of the qualification
standards;
(B) whether the scope beyond the qualification in quality inspection
activities;
(C) whether there is altered, reselling, leasing, lending or other
forms of illegal transfer of Certificate of behavior;
(D) whether the requirement to sign the seal in the test report, test
reports are true;
(E) testing whether the provisions of the relevant technical standards
and testing;
(Vi) equipment and environmental conditions are consistent with
measurement certification requirements;
(7) laws and regulations and other matters.
Article 2 The competent construction department to implement
supervision and inspection, the right to take the following measures:
(A) to require testing agency or commission provided by the relevant
documents and information;
(B) to enter the work site testing organizations (including the
construction site) for sampling;
(3) organization to compare test to verify the detection ability of
testing organizations;
(D) found that non-compliance with relevant state laws, regulations and
construction standards of testing behavior, ordered to make
corrections.
Article 3 The competent construction department in the supervision and
inspection requirements for the collection of evidence, can take the
samples and testing data sampling method of collecting evidence; the
evidence obtained may be lost or difficult circumstances, approved by
the department heads can advance registration and preservation of the
samples and test data, and shall promptly make a decision within 7
days, during which the parties or persons concerned may not destroy or
transfer of the sample and test data.
Twenty-four local people's governments above the county level
departments in charge of construction, supervision and inspection on
the problems found in accordance with the prescribed authority for
processing, and timely reporting of qualification examination and
approval authority.
Article 5 The competent construction department should be established
to receive and handle complaints system, public complaint telephone
number, mailing address and e-mail.
Testing agency in violation of state laws, regulations and construction
standards require testing of, any units and individuals have the right
to complaint to the building department. Building department received a
complaint shall be promptly verified and based on this approach to the
testing organization to determine the appropriate treatment, will
address the comments in reply within 30 days of the complainant.
Violation of the provisions of Article 6, without obtaining the
appropriate qualifications, commitment to these Regulations
unauthorized testing business, and its test report is invalid, the
building of local people's governments above the county level shall
order correction and impose more than 10,000 yuan 3 yuan shall be
imposed.
第二 17 inspection agencies to conceal relevant information or provides
false materials in applying for qualification, provinces, autonomous
regions and municipalities building department shall not accept or not
an administrative license, and give a warning, 1-year qualification
shall not apply again.
The 28th bar to fraud, bribery and other illegal means to obtain
qualification certificates, provinces, autonomous regions and
municipalities shall revoke its qualification certificate, shall not
apply again within 3 years qualification certificate; by the
construction of local people's governments above the county level
authorities impose a 10,000 yuan fine of not less than 30,000 yuan;
constitute a crime shall be held criminally responsible.
第二 19 detected to be in breach of the Regulations, one of the
following acts by the building of local people's governments above the
county level shall order correction, may impose a 10,000 yuan fine of
not less than 30,000 yuan; constitute a crime, according to the law
criminal liabilities:
(A) exceed the qualification range of activities involved in testing;
(B) Altering, lease, loan, transfer of the qualification certificate;
(C) does not meet the conditions of testing personnel;
(D) failing to report the discovery of illegal activities and detect
substandard items;
(E) failing to report on the inspection signed and sealed;
(Vi) construction of the project is not mandatory according to national
testing standards;
(7) file management confusion, resulting in test data can not be
retrospective;
(8) Subcontracting detection operations.
The third 10 false test data analysis organization, issued a false
detection or identification of the conclusions of the report,
construction of local people's governments above the county level
authorities to give a warning, impose a fine of 30,000 yuan; cause
losses to others shall be liable for compensation; a crime shall be
investigated for criminal responsibility.
Who, in violation of the Regulations, the Client, one of the following
acts by the building of local people's governments above the county
level shall order to correct, Department for more than 10,000 yuan
30,000 yuan shall be imposed:
(A) commissioned the inspection without obtaining the appropriate
qualification testing agencies;
(B) expressly or implicitly false testing report issued by testing
organizations, altered or falsified test reports;
(C) fraudulent submission of samples.
第三 12 in accordance with these Regulations, the penalty of fine for
testing organizations, the legal representative of the testing
organization and other persons directly responsible to a fine of more
than 5% of the amount of 10% shall be imposed.
33rd People's Government above the county level departments in charge
of construction management staff in the quality inspection work, one of
the following circumstances shall be given administrative sanctions;
constitutes a crime, criminal liability:
(A) does not meet the statutory requirements of the qualification
certificate issued by the applicant;
(B) the applicant meets the statutory requirements of the qualification
certificate shall not be issued;
(C) the applicant meets the statutory requirements are not within the
statutory time limit qualification certificate issued;
(D) the use of his position and power to accept other people's property
or other benefits;
(E) fails to perform its regulatory responsibilities, or not
investigating violations of law.
第三 14 inspection agencies and the Client shall be charged in
accordance with relevant provisions, pay the testing fee. Item no fees
charged by the mutual agreement.
第三 15 water conservancy, railway engineering, road construction and
other projects involved in the structural safety of the test blocks,
test cases and test the materials in accordance with relevant
regulations of the reference to these Measures. Energy detection in
accordance with relevant state regulations.
36th article this provision since November 1, 2005 shall come into
force.
Annex I:
Quality Inspection of Business
First, special test
(A) Foundation Engineering Test
1, the foundation and the static load testing of composite foundation;
2, the bearing capacity of pile testing;
3, pile integrity testing;
4, bolt locking force detection.
(B) detection of the main structure of the project site
1, concrete, mortar, masonry strength of field testing;
2, steel cover thickness testing;
3, precast concrete structure, performance testing;
4, post-embedded parts of the mechanical performance testing.
(C) Curtain Wall Engineering Test
1, building walls of air tightness, water tightness, wind pressure
distortion performance, interstory drift performance testing;
2, silicone rubber compatibility testing.
(D) of the steel structure detection
1, non-destructive testing of welding quality;
2, coating steel corrosion and fire detection;
3, Steel Structure, mechanical connection of standard parts and bolt
fastening mechanical performance testing;
4, steel grid structure of the deformation test.
Second, testimony sampled
1, testing physical and mechanical properties of cement;
2, steel (including welding and mechanical connections) mechanical
performance test;
3, sand, stone regular inspection;
4, concrete, mortar strength test;
5, simple soil test;
6, concrete mixing agent testing;
7, prestressed steel strand, anchor test fixture;
8, asphalt, asphalt mixture testing.
Annex II:
Qualification standards testing organizations
First, special inspection agencies and testing agencies should witness
sampling to meet the following basic conditions:
(A) of the special inspection agency's registered capital of not less
than one million yuan to witness sampling inspection agency no less
than 800,000 yuan;
(B) the qualification test for the corresponding items should be
certified through the measurement;
(C) quality inspection, construction or design experience, and received
training in detection technology related professional and technical
personnel of not less than 10; remote counties (districts) of
professional and technical personnel can not be less than 6;
(D) to carry out testing work in compliance with the necessary
instruments, equipment and workplace; which use subject to compulsory
verification of measuring instruments, metrological verification to
pass through only after use;
(E) sound technology management and quality assurance system.
Second, the exception of special inspection agencies to meet basic
requirements, the need to meet the following conditions:
(A) Foundation Engineering Test Class
Professional and technical personnel engaged in the work of pile
testing more than 3 years and in senior or intermediate professional
titles no less than four, of which 1 shall have qualified registered
geotechnical engineer.
(B) of the main structural engineering analysis categories
Professional and technical personnel engaged in structural engineering
and testing work for more than 3 years with high or intermediate grade
of not less than four, of which 1 shall have two registered structural
engineer status.
(C) building curtain wall engineering analysis categories
Professional and technical personnel engaged in inspection work
building walls more than 3 years and in senior or intermediate
professional titles no less than four.
(D) of the steel structure analysis categories
Professional and technical personnel engaged in steel mechanical
connection detection, detection of structural deformation of steel grid
work of more than 3 years and in senior or intermediate professional
titles no less than four, of which 1 shall have two registered
structural engineer status.
Third, witness the exception of sample testing organization to meet the
basic requirements, professional and technical personnel engaged in
inspection work of more than 3 years and in senior or intermediate
professional titles no less than three; remote counties (districts) can
not be less than 2.