General provisions of the previous chapter

These Provisions are formulated in accordance with the Construction Law of the People's Republic of China and the Regulations on the Quality Management of Construction Projects in order to strengthen the supervision and administration of construction activities, maintain the order of the construction market and ensure the quality of construction projects.  

Article 2 These Provisions shall apply to the application for the qualification of construction enterprises within the territory of the People's Republic of China and the administration of the qualification of construction enterprises.

The term "construction enterprises" as mentioned in these Provisions refers to those engaged in civil engineering, construction engineering and line construction The Conduit Enterprises engaged in the construction, expansion and reconstruction of equipment installation projects and decoration projects.

Article 3 A construction enterprise shall apply for qualifications according to its registered capital, net assets, professional technicians, technical equipment, and achievements of completed construction projects. Only after passing the examination and obtaining the qualification certificate of the corresponding level can it engage in construction activities within the scope permitted by its qualification level.

Article 4 Construction Administration Department of the State Council door To be responsible for the centralized management of national construction enterprise qualifications. The relevant departments of railways, communications, water conservancy, information industry, civil aviation, etc. under the State Council shall cooperate with the construction administrative department under the State Council to implement the management of the qualifications of construction enterprises with relevant qualification categories.

The competent construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the centralized management of the qualifications of construction enterprises within their respective administrative areas. The transportation, water conservancy, communication and other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall cooperate with the competent construction administrative departments at the same level to implement the management of the qualifications of construction enterprises in the relevant qualification categories.  

Chapter II Qualification Classification and Grading

Article 5 The qualifications of construction enterprises are divided into three sequences: general construction contracting, specialized contracting and labor subcontracting.

Enterprises that have obtained the qualification for general construction contracting may implement general construction contracting for projects or construction contracting for major projects. The enterprise undertaking the general construction contract may construct all the projects undertaken by itself, or subcontract non main works or labor operations to those with corresponding professional contracting qualifications or labor subcontracting qualifications other Construction enterprises.

Enterprises with professional contracting qualifications may undertake professional projects subcontracted by general construction contracting enterprises or contracted by construction units according to regulations. Specialized contracting enterprises can construct all the projects they undertake by themselves, or subcontract labor operations to labor subcontracting enterprises with corresponding labor subcontracting qualifications.

Enterprises with labor subcontracting qualifications may undertake labor operations subcontracted by general construction contracting enterprises or specialized contracting enterprises.

Article 6 The qualification sequence of general construction contracting, professional contracting and labor subcontracting is divided into several qualification categories according to the nature and technical characteristics of the project.

Each qualification category is divided into several grades according to the specified conditions.

The standards for qualification levels of construction enterprises shall be formulated by the competent construction administrative department of the State Council in conjunction with the relevant departments of state affairs.  

Chapter III Qualification Application and Approval

Article 7 A construction enterprise shall apply for qualification to the construction administrative department of the local people's government at or above the county level where the enterprise is registered.

Enterprises under the central management directly apply to the construction administrative department of the State Council for qualification. If their affiliated enterprises apply for the special grade, first grade and professional contracting first grade qualification for general construction contracting, the enterprises under the central management shall apply to the construction administrative department of the State Council, and at the same time, they shall file with the provincial construction administrative department where the enterprise is registered.

Article 8 Newly established construction enterprises shall go through the registration procedures at the administrative department for industry and commerce and obtain the business license of enterprise legal person before going through the qualification application procedures at the administrative department for construction.

When applying for qualification, the newly established enterprise shall provide the following materials to the construction administrative department:

（1） Application Form for Qualification of Construction Enterprise;

（2） Business license of enterprise legal person;

（3） Articles of Association;

（4） The appointment documents, title certificates and ID cards of the legal representative of the enterprise and the person in charge of technology, finance and operation of the enterprise;

（5） Qualification certificate and ID card of enterprise project manager;

（6） Professional title certificate of enterprise engineering technology and economic management personnel;

（7） Other relevant certificates and materials to be issued.

Article 9 When applying for qualification upgrading, construction enterprises shall provide the following information in addition to the information listed in Article 8 of these Provisions to the construction administrative department:

（1） Original and duplicate of the enterprise's original qualification certificate;

（2） Annual financial statements of the enterprise;

（3） Contract, quality acceptance and safety assessment data of representative projects completed by the enterprise.

Article 10 The qualifications of the special grade and first grade enterprises in the general contracting sequence and the first grade enterprises in the specialized contracting sequence (excluding the enterprises listed in the second paragraph of Article 7 of these Provisions) shall be examined and approved by the construction administrative department of the State Council after being examined and approved by the provincial construction administrative department; The qualifications of construction enterprises in railway, transportation, water conservancy, information industry, civil aviation, etc. shall be examined and approved by the provincial construction administrative department in consultation with the relevant departments at the same level, and then submitted to the construction administrative department under the State Council. After the preliminary examination and approval by the relevant departments under the State Council, the qualifications shall be examined and approved by the construction administrative department under the State Council. The examination and approval department shall examine and verify the qualification conditions of the construction enterprise and the materials provided for the application for qualification.

The qualification of enterprises with general contracting and professional contracting at or below Level II shall be examined and approved by the construction administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the enterprise is registered; The qualifications of construction enterprises in the fields of transportation, water conservancy, communications, etc. shall be examined and approved by the construction administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government after obtaining the preliminary approval of the relevant departments at the same level.

The qualification of labor subcontracting enterprises shall be examined and approved by the construction administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the enterprise is located.

Article 11 The competent construction administrative department shall complete the qualification examination and approval of the construction enterprise within 60 days from the date of accepting the application of the construction enterprise.

If the relevant department is responsible for the preliminary examination, the preliminary examination department shall complete the preliminary examination within 20 days from the date of receiving the application from the construction enterprise; The construction administrative department shall complete the examination and approval within 30 days after receiving the preliminary examination materials, and notify the preliminary examination department of the examination and approval results.

The administrative department in charge of construction shall publish the examination and approval results on the public media.

Article 12 The qualification level of newly established construction enterprises shall be determined according to the lower level, with a tentative period of one year.

The qualification level of construction enterprises established due to enterprise restructuring, or after enterprise division or merger shall be determined according to the actual qualification conditions and the approval procedures of these Provisions.

Article 13 Construction enterprises applying for general construction contracting qualification shall select one type of qualification as their main qualification in the general contracting sequence, and may apply for other types of qualifications not higher than the main qualification level of enterprises in the general contracting sequence, or may apply for professional contracting qualifications not higher than the owner qualification level of enterprises. The general contracting enterprises undertaking professional projects within the scope of general contracting projects may not apply for corresponding professional contracting qualifications.

Specialized contracting enterprises and labor subcontracting enterprises can apply for qualifications of similar categories within this qualification series.

Article 14 The construction administrative department shall not approve the application of a construction enterprise for promotion of its qualification grade or qualification other than the main qualification if it commits one of the following acts within one year before the date of application:

（1） Collusive bidding with the construction unit or enterprise, or seeking to win the bid by offering bribes or other illegitimate means;

（2） Unauthorized construction without a construction permit;

（3） Subcontracting the contracted project or illegally subcontracting it;

（4） Seriously violating the national mandatory standards for engineering construction;

（5） There have been major quality and safety accidents of engineering construction of Class III or above or two quality and safety accidents of engineering construction of Class IV or above;

（6） Concealing or falsely reporting or delaying the reporting of project quality and safety accidents, or destroying the accident site, or obstructing the investigation of accidents;

（7） The operators of the technical type of work requiring certificates according to the national regulations have not been trained, assessed, or obtained certificates, and the circumstances are serious;

（8） Failing to perform warranty obligations, causing serious consequences;

（9） Violating the relevant national regulations on work safety and technical regulations on work safety, and the circumstances are serious;

（10） Other acts in violation of laws and regulations.

Article 15 If the qualification conditions of a construction enterprise meet the qualification level standards, and the acts listed in Article 14 of these Provisions have not occurred, the competent construction administrative department shall issue a Construction Enterprise Qualification Certificate with the corresponding qualification level.

The Construction Enterprise Qualification Certificate is divided into original and duplicate copies, which are uniformly printed by the construction administrative department under the State Council. The original and duplicate copies have the same legal effect.

Article 16 No unit or individual may alter, forge, lend or transfer the Qualification Certificate of Construction Enterprise; The Qualification Certificate of Construction Enterprises shall not be illegally withheld or confiscated.

Article 17 The construction enterprise shall return the original qualification certificate to the original issuing authority for note while receiving the new Construction Enterprise Qualification Certificate pin 。

If a construction enterprise goes bankrupt, goes bankrupt, is revoked or closes down, it shall return its qualification certificate to the original issuing authority for cancellation.  

Chapter IV Supervision and Management

Article 18 The construction administrative departments and other relevant departments of the people's governments at or above the county level shall strengthen the supervision and administration of the qualifications of construction enterprises.

It is prohibited for any department to adopt other credit, permit and other construction market access restrictions other than those specified by laws and administrative regulations.

Article 19 The competent construction administrative department shall implement an annual inspection system for the qualifications of construction enterprises.

The construction administrative department under the State Council shall be responsible for the annual inspection of the special grade enterprise qualification for general construction contracting, the first grade enterprise qualification, and the first grade enterprise qualification for professional contracting; The qualifications of construction enterprises in railway, transportation, water conservancy, information industry, civil aviation and other fields shall be jointly inspected annually by the construction administrative department of the State Council and relevant departments of the State Council.

The qualification of general construction contracting, specialized contracting enterprises at or below Level II, and the qualification of labor subcontracting enterprises shall be subject to annual inspection by the competent construction administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the enterprise is registered; Among them, the qualifications of construction enterprises in transportation, water conservancy, communications and other fields shall be jointly inspected annually by the construction administrative department and the relevant departments at the same level.

Article 20 The annual qualification inspection of construction enterprises shall be conducted in accordance with the following procedures:

（1） The enterprise shall submit the Annual Qualification Inspection Form of Construction Enterprises, the Qualification Certificate of Construction Enterprises and other relevant materials to the construction administrative department within the specified time, and submit the Business License of Enterprise Legal Person for examination.

（2） The administrative department in charge of construction, together with relevant departments, shall make a conclusion on the annual inspection of enterprise qualifications within 40 days after receiving the annual inspection data of enterprises, and record it in the annual inspection record column of the copy of the Qualification Certificate of Construction Enterprises.

Article 21 The content of the annual qualification inspection of construction enterprises is to check whether the qualification conditions of enterprises meet the standards for qualification grades, and whether there are violations of laws and regulations in quality, safety, market behavior, etc.

The annual inspection conclusions of construction enterprises can be divided into qualified, basically qualified and unqualified.

Article 22 If the qualification conditions of a construction enterprise meet the standards for qualification grades and have not committed any of the acts listed in Article 14 of these Provisions in the past year, the annual inspection conclusion shall be qualified.

Article 23 In the qualification conditions of construction enterprises, if the net assets, personnel and business scale do not meet the qualification level standards, but are not less than 80% of the qualification level standards, and other items meet the standard requirements, and there is no act listed in Article 14 of these Provisions in the past year, the annual inspection conclusion is basically qualified.

Article 24 Under any of the following circumstances, the annual qualification inspection conclusion of the construction enterprise is unqualified:

（1） Any of the net assets, personnel and business scale in the qualification conditions does not reach 80% of the qualification level standard, or any other item does not reach the qualification level standard;

（2） Having one of the acts listed in Article 14 of these Provisions.

Those who have been punished for lowering the qualification level in accordance with laws and regulations will not be investigated again in the annual inspection.

Article 25 If a construction enterprise fails to pass the annual qualification inspection or is basically qualified for two consecutive years, the construction administrative department shall re check its qualification grade. The newly verified qualification grade shall be lower than the original qualification grade, and if it fails to meet the lower qualification grade standard, the qualification shall be canceled.

Article 26 A construction enterprise may apply for promotion to the next qualification level only if it has passed the annual inspection for three consecutive years.

Article 27 The application for qualification upgrading of construction enterprises shall be submitted by the enterprises within two months after the completion of the annual qualification inspection, and shall be handled in batches and in a centralized manner; Other changes to the qualifications of construction enterprises shall be handled at any time.

Article 28 If a downgraded construction enterprise, after more than one year of rectification, has been verified and confirmed by the competent construction administrative department to meet the prescribed qualification standards, and has not committed any of the acts listed in Article 14 of these Provisions during this period, it may reapply for the original asset grade in accordance with these Provisions.

Article 29 The qualification certificate of a construction enterprise that fails to participate in the annual qualification inspection within the prescribed time shall automatically become invalid, and it shall not reapply for qualification within one year.

Article 30 If a construction enterprise loses its Construction Enterprise Qualification Certificate, it shall declare it invalid on the public media.

Article 31 When a construction enterprise changes its name, address, legal representative, technical director, etc., it shall go through the change procedures at the original examination and approval department within one month after the change. For enterprises approved by the construction administrative department of the State Council, except that the change of enterprise name shall be handled by the construction administrative department of the State Council, the change of enterprise address, legal representative, and technical director shall be handled by the construction administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, and the handling results shall be filed with the construction administrative department of the State Council.  

Chapter V Penalty Provisions

Article 32 Where a construction enterprise, when applying for qualification, alters, forges or fraudulently obtains the Qualification Certificate of Construction Enterprise, the qualification certificate shall be revoked, and any illegal gains, if any, shall be confiscated.

Article 33 Those who undertake projects without the Qualification Certificate for Construction Enterprises shall be banned, and a fine of 2% to 4% of the contract price of the project shall be imposed, and they may be ordered to suspend business for rectification and lower the qualification level; If the circumstances are serious, the qualification certificate shall be revoked; The illegal gains, if any, shall be confiscated.

Article 34 If a unit contracts projects beyond its qualification level, it shall be ordered to stop the illegal act, fined more than 2% but less than 4% of the contract price of the project, and may be ordered to suspend business for rectification and lower its qualification level; If the circumstances are serious, the qualification certificate shall be revoked; The illegal gains, if any, shall be confiscated.

Article 35 Those who transfer or lend the Qualification Certificate of Construction Enterprises shall be ordered to make corrections, their illegal income shall be confiscated, and a fine of 2% to 4% of the contract price of the project shall be imposed; May order suspension of business for rectification and lower the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.

Article 36 Those who fail to go through the qualification change procedures within the specified time limit shall be ordered to do so within the specified time limit, and a fine of not less than 10000 yuan but not more than 30000 yuan shall be imposed.

Article 37 If a contractor subcontracts or illegally subcontracts the contracted project, he shall be ordered to make corrections, his illegal income shall be confiscated, and a fine of 0.5% to 1% of the contract price of the project shall be imposed; May order suspension of business for rectification and lower the level of qualification; If the circumstances are serious, the qualification certificate shall be revoked.

Article 38 A person who commits one of the following acts shall be ordered to make corrections and fined in accordance with the relevant laws and administrative regulations; If the circumstances are serious, it shall be ordered to suspend business for rectification, reduce its qualification level or revoke its qualification certificate:

（1） Those who cheat on work and materials, use substandard building materials, building components, fittings and equipment, or commit other acts of construction not in accordance with the engineering design drawings or construction technical standards;

（2） Failing to inspect the building materials, building components, fittings, equipment and commercial concrete, or failing to sample and test the test blocks, test pieces and relevant materials involving structural safety;

（3） Other violations.

Article 39 The administrative punishment of ordering the suspension of business for rectification, lowering the level of qualification and revoking the qualification certificate in these Provisions shall be decided by the organ that issues the qualification certificate; Other administrative penalties shall be decided by the construction administrative department or other relevant departments in accordance with their statutory functions and powers.

Article 40 If the qualification examination and approval department fails to examine and approve the qualification according to the prescribed authority and procedures, the higher qualification examination and approval department shall order it to make corrections, and the approved qualification shall be invalid.

Article 41 Any staff engaged in qualification management who neglects his duty, abuses his power or engages in malpractices for personal gain in the examination, approval and management of qualifications shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 42 The competent construction administrative department under the State Council shall be responsible for the interpretation of these Provisions.

Article 43 The competent construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these Provisions, formulate detailed rules for the implementation of qualification management of construction enterprises.

Article 44 These Provisions shall come into force as of July 1, 2001.