Decree No. 141 of the Ministry of Construction of the People's Republic of China
The Measures for the Administration of Quality Inspection of Construction Projects, which were discussed and adopted at the 71st Executive Meeting on August 23, 2005, are hereby promulgated and shall come into force as of November 1, 2005。
Minister Wang Guangtao
September 28, 2005
Measures for the Administration of quality inspection of construction projects
Article 1 These Measures are formulated in accordance with the Construction Law of the People's Republic of China and the Regulations on the Quality Control of Construction Projects in order to strengthen the management of the quality inspection of construction projects。
Article 2 Apply for the qualification of engineering quality inspection institutions engaged in the testing of test blocks, test pieces and related materials involving the safety of buildings and structures, and implement the supervision and management of construction engineering quality testing activities, shall comply with these Measures。
Quality testing of construction projects as mentioned in these Measures (hereinafter referred to as quality testing)，It means that the engineering quality testing institution (hereinafter referred to as the testing institution) accepts the entrustment，In accordance with relevant national laws, regulations and mandatory standards for engineering construction，Sampling and testing of items involving structural safety and witness sampling and testing of building materials and components entering the construction site。
Article 3 The competent construction department under The State Council shall be responsible for the supervision and administration of national quality testing activities, and shall be responsible for the formulation of qualification standards for testing institutions。
The competent construction departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and administration of quality testing activities within their respective administrative areas, and shall be responsible for the examination and approval of the qualifications of testing institutions。
The competent construction departments of the municipal and county people's governments shall be responsible for the supervision and administration of quality testing activities within their respective administrative areas。
Article 4 A testing institution shall be an intermediary institution with independent legal personality。Testing institutions engaged in the quality testing services provided for in Annex I of these Measures shall obtain the corresponding qualification certificates in accordance with these Measures。
The qualification of the testing institution is divided into the qualification of the special testing institution and the qualification of the witness sampling testing institution according to the testing business content it undertakes。The qualification standards of testing institutions shall be stipulated in Annex II。
Without obtaining the corresponding qualification certificate, the testing institution shall not undertake the quality testing business provided for in these Measures。
Article 5 An institution applying for testing qualification shall submit the following application materials to the competent construction department of the people's government of a province, autonomous region or municipality directly under the Central Government:
(1) Qualification Application Form of Testing Institution in triplicate;
(2) the original and photocopy of the industrial and commercial business license;
(3) The original and photocopy of the metrological certification corresponding to the scope of testing qualification applied;
(4) List of main testing instruments and equipment;
(5) the original and photocopy of the technical personnel's professional title certificate, ID card and social insurance contract;
(6) Management system and quality control measures of testing institutions。
The Application form for Qualification of Testing Institutions shall be formulated by the competent construction department of The State Council。
Article 6 The competent construction department of the people's government of a province, autonomous region or municipality directly under the Central Government shall receive the application materials from the applicant，A decision on admissibility should be made immediately，And issue written evidence to the applicant;The application materials are not complete or do not conform to the statutory form，The applicant shall be informed of all the required corrections in one go within 5 days。If the applicant fails to notify the applicant within the time limit, the application shall be accepted from the date of receipt of the application materials。
After accepting the application for qualification, the competent construction department of the province, autonomous region and municipality directly under the Central Government shall review the application materials and complete the examination and approval within 20 working days from the date of acceptance and make a written decision。For those who meet the qualification standards, the Qualification Certificate of Testing Institution shall be issued within 10 working days from the date of making the decision, and shall be reported to the competent construction department of The State Council for the record。
Article 7 The Qualification Certificate of the testing institution shall indicate the scope of the testing business and be divided into originals and copies, which shall be formulated by the competent department of construction under The State Council, and the originals and copies shall have the same legal effect。
Article 8 The validity period of the qualification certificate of a testing institution is 3 years。If the validity period of the qualification certificate needs to be extended, the testing institution shall apply for the extension procedure 30 working days before the validity period of the qualification certificate。
The testing institution has not committed any of the following acts during the validity period of the qualification certificate，When the validity period of the qualification certificate expires，With the consent of the original examination and approval authority，No longer review，The validity period of the qualification certificate is extended for 3 years，The original examination and approval authority shall affix the special seal for extension on the copy of its qualification certificate;The testing institution has any of the following acts within the validity period of the qualification certificate，The original examination and approval authority shall not extend:
(1) Engaging in testing activities beyond the scope of qualification;
(2) subcontracting testing services;
(3) altering, reselling, renting, lending or illegally transferring qualification certificates in other forms;
(4) Failure to carry out testing in accordance with the relevant national mandatory standards for project construction, resulting in quality safety accidents or resulting in increased losses;
(5) Forging test data or issuing false test reports or appraisal conclusions。
Article 9 Where a testing institution no longer meets the corresponding qualification standards after obtaining the qualification of a testing institution, the competent construction department of the people's government of a province, autonomous region or municipality directly under the Central Government may, at the request of an interested party or in accordance with its functions and powers, order it to make corrections within a time limit;Those who do not change within the time limit may withdraw the corresponding qualification certificate。
Article 10 No unit or individual may alter, resell, rent, lend or illegally transfer qualification certificates in other forms。
Article 11 Where a testing institution changes its name, address, legal representative or technical person in charge, it shall, within three months, go through the formalities for change with the original examination and approval authority。
Article 12 The quality testing services provided for in these measures shall be tested by a testing institution with corresponding qualifications entrusted by the project construction unit。The principal and the principal shall sign a written contract。
Test results interested parties dispute the test results, by the testing institutions recognized by both parties to retest, retest results submitted to the local construction authorities for the record。
Article 13 Sampling of quality test samples shall be conducted in strict accordance with relevant engineering construction standards and relevant state regulations, and on-site sampling shall be conducted under the supervision of the construction unit or project supervision unit。The units and individuals providing quality test samples shall be responsible for the authenticity of the samples。
Article 14 A testing institution shall, after completing the testing business, issue a testing report in a timely manner。The test report shall take effect only after it is signed by the testing personnel, signed by the legal representative of the testing institution or its authorized signatory, and stamped with the official seal or special seal of the testing institution。After the inspection report is confirmed by the construction unit or the project supervision unit, it shall be filed by the construction unit。
The witness unit and name shall be indicated in the test report of the witness sampling test。
Article 15 No unit or individual may explicitly or imply that a testing institution issue a false test report, and may not tamper with or forge a test report。
Article 16 No testing personnel shall be employed by two or more testing institutions at the same time。
Testing institutions and testing personnel may not recommend or supervise the production of building materials, components and equipment。
Testing institutions shall not have subordinate relationships or other interests with administrative organs, organizations authorized by laws and regulations to manage public affairs, and design units, construction units, and supervision units related to the tested project。
Article 17 Testing institutions shall not subcontract testing services。
Where a testing institution undertakes testing business across provinces, autonomous regions or municipalities directly under the Central Government, it shall file a record with the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government where the project is located。
Article 18 Testing institutions shall be responsible for the authenticity and accuracy of their test data and test reports。
Where a testing institution violates laws, regulations and mandatory standards for project construction and causes losses to others, it shall bear the corresponding liability for compensation according to law。
Article 19 The testing institution shall promptly report to the local construction authority the violation of relevant laws, regulations and mandatory standards of project construction by the construction unit, supervision unit and construction unit found in the testing process, as well as the unqualified situation involving the structural safety test results。
Article 20 A testing institution shall establish a file management system。Testing contracts, orders, original records, and test reports shall be uniformly numbered annually, numbered continuously, and shall not be withdrawn or altered at will。
The testing institution shall establish a separate account of the items with unqualified test results。
Article 21 The competent construction department of the local people's government at or above the county level shall strengthen the supervision and inspection of the testing institutions, mainly checking the following contents:
(1) Whether it meets the qualification standards stipulated in these Measures;
(2) Whether to engage in quality testing activities beyond the scope of qualification;
(3) whether there is any act of altering, reselling, renting, lending or illegally transferring qualification certificates in other forms;
(4) whether the test report is signed and stamped in accordance with the provisions, and whether the test report is true;
(5) whether the testing institution conducts testing in accordance with relevant technical standards and regulations;
(6) Whether the instruments and equipment and environmental conditions meet the requirements of metrological certification;
(7) Other matters stipulated by laws and regulations。
Article 22 When carrying out supervision and inspection, the competent construction department shall have the right to take the following measures:
(1) Require the testing institution or the entrusting party to provide relevant documents and materials;
(2) entering the work site of the testing institution (including the construction site) for random inspection;
(3) organizing comparison tests to verify the testing capacity of the testing institution;
(4) When it is found that there are testing acts that do not meet the requirements of relevant state laws, regulations and project construction standards, it shall be ordered to make corrections。
Article 23 The competent construction department shall be required to collect evidence in the course of supervision and inspection，The relevant samples and test data may be sampled to obtain evidence;Where evidence is likely to be lost or difficult to obtain later，Approved by department head，Relevant samples and test data can be registered and stored in advance，And shall make a timely decision within 7 days，During this period，The parties or relevant personnel may not destroy or transfer the relevant samples and test data。
Article 24 The competent construction department of the local people's government at or above the county level shall deal with the problems found in the course of supervision and inspection according to the prescribed limits of authority, and promptly report to the qualification examination and approval authority。
Article 25 The competent construction department shall establish a system for accepting and handling complaints, and make public the telephone number, correspondence address and E-mail address of complaints。
Any unit or individual shall have the right to complain to the competent construction department if a testing institution conducts testing in violation of relevant state laws, regulations and engineering construction standards。After receiving the complaint, the competent construction department shall promptly verify and make a corresponding decision on the handling of the testing institution in accordance with these measures, and reply to the complainant with the handling opinions within 30 days。
Article 26 In violation of the provisions of these Measures, without obtaining the corresponding qualifications, undertake the testing business provided for in these Measures without authorization, the test report is invalid, the competent construction department of the local people's government at or above the county level shall order correction and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan。
Article 27 Where a testing institution conceals relevant information or provides false materials to apply for qualification, the competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government shall not accept the application or refuse the administrative license, and shall give a warning, and shall not apply for qualification again within one year。
Article 28 Obtaining a qualification certificate by cheating, bribery or other improper means，The competent construction department of the people's government of the province, autonomous region or municipality directly under the Central Government shall revoke its qualification certificate，Shall not apply for qualification certificate again within 3 years;The competent construction department of the local people's government at or above the county level shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
Article 29 Where a testing institution violates the provisions of these Measures and commits any of the following acts, the competent construction department of the local people's government at or above the county level shall order it to make corrections and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan;If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Engaging in testing activities beyond the scope of qualification;
(2) altering, reselling, renting, lending or transferring qualification certificates;
(3) Using unqualified testing personnel;
(4) failing to report found violations of laws and regulations and non-conforming matters in accordance with regulations;
(5) failing to sign and seal the test report as required;
(6) failing to carry out testing in accordance with the relevant State mandatory standards for project construction;
(7) The management of archival materials is chaotic, resulting in untraceable test data;
(8) subcontracting testing services。
Article 30 Where a testing institution forges test data, issues a false test report or an appraisal conclusion, the competent construction department of the local people's government at or above the county level shall give a warning and impose a fine of 30,000 yuan;If losses are caused to others, they shall be liable for compensation according to law;If the case constitutes a crime, the criminal responsibility shall be investigated according to law。
Article 31 Where the entruster commits any of the following acts in violation of the provisions of these Measures, the competent construction department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan:
(1) entrusting testing institutions that have not obtained corresponding qualifications to conduct testing;
(2) Express or imply that the testing institution issues a false test report, tampering or forging the test report;
(3) submitting samples for inspection through deception。
Article 32 Where a testing institution is fined in accordance with the provisions of these Measures, the legal representative of the testing institution and other directly responsible personnel shall be fined not less than 5% but not more than 10% of the amount of the fine。
Article 33 Any staff member of the competent construction department of the people's government at or above the county level who has any of the following circumstances in the management of quality testing shall be given administrative sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Issuing qualification certificates to applicants who do not meet the statutory requirements;
(2) Failing to issue qualification certificates to applicants who meet the statutory conditions;
(3) failing to issue a qualification certificate within the statutory time limit to the applicant who meets the statutory conditions;
(4) Taking advantage of his position to accept property or other benefits from others;
(5) failing to perform the duties of supervision and administration according to law, or failing to investigate and handle illegal acts upon discovery。
Article 34 Testing institutions and entrusting parties shall collect and pay testing fees in accordance with relevant provisions。Items without charging standards shall be charged by both parties through negotiation。
Article 35 The testing of test blocks, specimens and related materials involving structural safety in water conservancy projects, railway projects, highway projects and other projects may be carried out with reference to these Measures in accordance with relevant provisions。Energy conservation testing shall be carried out in accordance with the relevant provisions of the State。
Article 36 These provisions shall come into force as of November 1, 2005。
Annex I: Business contents of quality testing.doc
Annex II: Qualification Standards for testing institutions.doc
