Order of Shanghai Municipal people's Government

No.72

<Shanghai Municipal Construction Project supervision Management Measures> adopted by the Municipal Government at its 123 standing meeting on October 24th 2011 is hereby promulgated and implemented since December 1st 2011.

Mayor Han Zheng

October 27th 2011  

Management Measures for Construction Engineering Supervision in Shanghai

(promulgated by Shanghai Municipal Government decree No. 72 of October 27th 2011).

Chapter I General Principles

Article 1 (purpose and basis)

In order to standardize construction supervision activities of construction projects in this city and ensure construction quality and safety, according to the laws on <Construction Law of PRC>, <Regulations on quality Management of Construction Engineering>, <Regulations on Safety production Management in Construction projects>, <Shanghai Municipal Construction Market Management regulations and regulations>, together with the actual situation in this Municipality, formulates these measures.

Article 2 (scope of application)

These measures shall apply to construction engineering supervision and related supervision and management activities within administrative regions of this Municipality.

Article 3 (definitions)

Construction engineering supervision and activities referred to herein refers to construction project supervision unit (hereinafter referred to as supervision unit) entrusted by construction units

Article 4 (Administration)

Municipal construction administration department is the comprehensive supervision and administration department of construction supervision activities in construction project of this city and responsible for supervision and management of relevant professional construction supervision activities.

Perform the following duties specifically:

(1) Organize local technical standards for construction supervision;

(2)Guiding and coordinating supervision and administration of administrative departments concerned in this Municipality on professional construction supervision activities;

(3)Supervise and manage construction supervision activities such as housing construction projects municipal infrastructure projects and highway engineering etc.

Municipal ports water affairs marine greening civil defence houses etc. administrative departments such as administrative departments responsible for division of responsibilities responsible for relevant professional construction supervision activities supervision management.

District county construction administrative departments and other relevant departments shall be responsible for supervision and administration of construction supervision activities within administrative regions according to their responsibilities.

Administrative departments such as reform finance fire fighting safety production supervision etc. in this Municipality shall implement these measures in coordination within their respective responsibilities.

Article 5(industry associations)

Shanghai Construction Engineering Consulting industry Association (hereinafter referred to as industry association) is self-regulated organization of construction engineering supervision units establish self-discipline norms according to law develop industry training and integrity system construction maintain members legitimate rights and interests. Trade associations may adopt disciplinary self-discipline measures according to regulations stipulated by associations in accordance with regulations of association regulations.

Municipal construction administrative departments shall guide and supervise the business activities of trade associations.

Article 6 (supervision Insurance)

This Municipality encourages supervision units to insure supervision liability insurance.

Chapter II supervision entrustment.

Article 7(qualification of supervisory units)

Supervisory units shall obtain corresponding qualifications according to relevant regulations of state and undertake supervision business within the scope of approval of qualification certificates.

Supervisory units shall not transfer supervision operations.

Article 8(filing record) by supervision units of provinces and municipalities

If the supervision units of outside provinces enter into the municipality engaged in construction supervision activities, they shall file records for municipal construction administrative departments or other relevant departments.

Article 9 (qualification of supervisors)

General supervision engineer shall obtain qualification of registered engineer according to relevant regulations of state.

Other supervisors shall be qualified according to relevant regulations of the State and Municipality.

Article 10(Construction projects subject to supervision)

Supervision shall be carried out under construction projects below:

(1) Key construction projects of the State and Municipality;

(II) Large and medium utility projects;

(III) Residential projects;

(IV) Projects utilizing loans or assistance from foreign Governments or international organizations;

(VI) Other projects prescribed by the State or Municipal people's Government shall be subject to supervision.

Article 11 (separate supervision fee)

Supervision construction projects must be carried out according to law and supervision fees shall be carried out according to the upper limit prescribed by the State. Supervision fees for other construction projects shall be regulated by market prices.

Construction units shall separately pay for construction supervision fees in special accounts of construction projects. Supervision fees shall not be diverted for other purposes.

Article 12(direct commissioning and tendering).

Construction units shall entrust supervisory units with corresponding qualifications to implement construction engineering supervision.

Construction projects shall be conducted according to law and construction units shall conduct tenders according to relevant regulations and shall not interfere illegally with bidding activities.

Evaluation criteria for construction engineering supervision shall include qualification and experience of supervision units composition and personnel conditions of project supervision institutions; experience of supervision engineers and business capability; quality of compilation of supervision outline; apply equipment supervision liability insurance condition etc.

When bidding evaluation of key construction projects in China or city construction project supervision engineers shall evaluate the operational capability of chief supervision engineer through site defense engineer.

Article 13(requirements for project supervision bodies and personnel)

Project supervision institution shall consist of chief supervision engineer professional supervision engineer supervisor etc personnel; when necessary it may set up representative of chief engineer.

Registered supervisory engineer who has been appointed engineer of construction engineering supervision engineer shall not appoint him to serve as supervisor of two or more other construction projects simultaneously. Supervisory engineers shall not appoint supervisors for other construction projects at the same time as the chief supervisory engineer shall be appointed to the following construction projects:

(1) Construction projects with single area exceeding 20,000 m2;

(2)Construction projects whose construction costs exceed 200 million yuan;

(III) Affordable housing projects;

(IV) Major projects in the State or municipality.

Article 14 (avoidance)

If supervision unit has subordinate relationship or other interest relationship with construction units and construction materials and equipment supply units of construction engineering materials and equipment supply units, supervision units shall not undertake supervision operations of this project.

Article15 (supervision contracts)

Construction units shall sign supervision contracts with supervision units.

This Municipality encourages parties to supervision contracts to use supervision contract model texts. Supervision contract should clarify composition and personnel condition of project supervision institution, candidate of chief supervision engineer, scope of supervision work and supervision service period. Client fees pay client for supervision work provided information and facilities etc. contents.

Article16 (filing of supervision contracts)

Supervision units shall report contracts to construction administration departments or other relevant departments for filing within 20th after signing of supervision contracts.

If the main contents of supervision engineer appointment supervision work scope supervision service fee etc. which are stipulated by supervision contract shall be changed into record for contract filing department within 20th after change of contract.

Chapter III supervision of Construction site

Article17 (setting up project supervision institutions)

Supervision unit shall set up project supervision institution at construction site according to contract agreement of supervision contract and authorize its supervision work.

Project supervision organization shall carry out responsibility system for overall supervision engineer. Supervisory engineer shall perform supervision duties at construction site according to technical specifications. When temporarily leaving construction site due to justifiable reasons, the chief engineer shall appoint representative of chief supervision engineer to exercise his part of authority; However, except for matters such as supervision planning and examination of construction organization design documents etc. must be carried out by the organization responsible for supervision engineers.

If supervision unit needs to change chief engineer, it shall obtain consent of construction unit, but the grade of professional technical title of chief engineer shall not lower than professional technical title of chief engineer assigned by original supervisor.

Article 18 (issuance instructions)

Within the scope of supervision contract, instructions concerning construction units shall be submitted by construction units through the chief supervision engineer or representative of their representatives.

Article 19 (technical disclosure and supervision planning)

Construction units shall provide survey design documents etc. relating to construction project supervision activities by providing survey and design documents to project supervision institutions. Information provided by construction units shall be true accurate and complete.

Project supervision institution shall compile project supervision plan according to survey design documents etc. and relevant technical standards clearly define specific supervision work system procedures methods and measures etc.

Article 20(Audit of preparatory phase)

Before construction project starts, project supervision institution shall propose audit opinions on construction plan, management system and construction organization design document and special construction scheme of construction unit project management institution. Audit opinions shall be reported to construction units after signing by chief engineer. Prior to commencement of subcontract works, project supervision agencies shall review qualifications of construction subcontractors.

Article 21(examination of materials)

Project supervision institutions shall examine the quality certificates documents submitted by construction units for construction materials and equipment and shall carry out sampling witnesses parallel inspection according to regulations.

Construction engineering materials and equipment shall not be used or installed in construction projects without acceptance by project supervision organizations.

Article 22 (supervision of Construction quality)

Project supervision institutions shall supervise construction units to organize construction according to mandatory technical standards construction drawings design documents construction organization design documents special construction schemes and contract agreements and adopt other forms such as side stations inspection and parallel inspection etc. Supervision of construction projects shall be carried out.

For key parts or key processes of construction projects project supervision organizations should compile plans for adjacent stations to clarify the scope contents and procedures of adjacent stations.

Project supervision institutions shall propose acceptance opinions on inspection batches parts projects and sub-projects for inspection by construction units. Section engineering and sub-project without acceptance of project supervision organization shall not enter into construction next procedure.

Article 23 (Safety supervision)

Project supervision institutions shall urge construction units to conduct safety production inspections and inspect safety production situation at construction sites.

Project supervision institutions shall review the use and management of safety protection measures fees for construction units and report them to construction units.

Project supervision institutions shall verify safety production licenses of construction units as well as qualification certificates for project managers, full-time safety managers and special operators.

Article 24 (periodic reports)

The contents of periodic reports and submission requirements shall be separately stipulated by municipal administrative departments for construction.

Article 25 (urgent reports)

Project supervision organization finds that construction does not conform to mandatory technical standards, construction drawings design documents, construction organization design documents, special construction schemes or contract agreements, shall immediately require construction units to correct; construction units refuse to correct them;

Construction units should be reported promptly.

If the project supervision organization finds out whether there exists hidden danger of quality or safety accident, it shall immediately require construction units to correct; if serious cases shall be required to suspend construction units and report construction units promptly.

If construction units refuse to correct or cease construction or occur quality or safety accidents at site, project supervision agencies shall report immediately to construction administrative departments or other relevant departments. After receiving reports, construction administrative departments or other relevant departments shall immediately attend and dispose of them.

Article 26 (acceptance inspection)

Project supervision institution shall organize pre-acceptance inspection of construction project completion. If completion of pre-acceptance shall be completed, project supervision organizations shall prepare reports on evaluation of engineering quality and report them to construction units.

Project supervision institutions shall participate in completion acceptance of organizations of construction units according to regulations. According to the rectification opinions proposed in acceptance inspection, project supervision organizations shall urge construction units to rectify them. Acceptance shall be signed by the Chief Engineer in acceptance report of completion of Project completion.

Chapter 4 Oversight Management

Article 27 (supervision inspection)

Construction administrative departments and other relevant departments should strengthen supervision and inspection activities for supervision activities.

When constructing administrative departments and other relevant departments in performing supervision inspection duties relevant units and personnel shall reflect objectively and truthfully and provide relevant materials.

Article 28 (dynamic Management of qualifications)

If the construction administrative department or other relevant department finds that supervision units do not comply with corresponding qualification conditions, they shall order them to correct them at short time; if they fail to correct them later in time, reduce qualification grade or revoke qualification certificate by licensing department.

Article 29 (reporting system)

Any unit or individual finds illegal actions in construction engineering supervision activities shall be entitled to report to construction administrative departments or other relevant departments. Administrative departments or other departments concerned shall accept them and verify them promptly and handle them promptly. Verification and processing shall be informed by reporting purposes.

Article 30 (Credit management)

Construction administrative departments and other relevant departments shall record credit information of participating units and registered practitioners in supervision activities.

Relevant information shall be disclosed to society by municipal administrative departments according to regulations. Municipal construction administrative departments and other relevant departments shall carry out classified management according to principles of honesty reward and breach of faith; Moreover, in terms of qualification management bidding supervision liability insurance recognition evaluation etc. each participating unit and registered practitioner are given incentives to ensure trustworthy supervision activities and punish units and personnel who break faith.

Chapter 5 legal liability

Article 31 (applicable other penalties)

Where one of the following circumstances shall be prescribed, supervision units shall be punished according to laws and regulations such as the building Act of PRC until revocation of qualification certificates:

(1) Undertaking supervision operations beyond the scope of approval of qualification certificates;

(2) Transfer supervision operations;

(3) Colluding with construction units or construction units, fraud and reducing engineering quality;

(4) Having affiliation or other interests relating to construction units or construction materials or equipment supply units;

(5) Finding that quality and safety accident hidden troubles do not immediately require construction units to correct or suspend construction;

(6) Construction units refuse to correct or cease construction without reporting them promptly to relevant departments.

Article 32 (penalties for supervisory units)

If any supervision unit violates any of these measures, it shall be ordered by construction administrative department or other relevant department to correct it for a period of time; if no correction is made overdue, fines shall be less than RMB 30,000 yuan below RMB 10,000;

(1) violating article 13, paragraph 2, that the supervisory engineer appoints the chief engineer officer at the same time as construction engineer supervisor does not meet the specified quantity;

(2) violating article 17, paragraph 3, the professional technical title of chief engineer after change is lower than that of chief engineer's professional technical title assigned by original engineer;

3) violating Article 24 provisions without reporting relevant circumstances of construction site to construction administration departments or other relevant departments regularly according to requirements.

Article 33 (penalties for chief supervisory engineers)

Contrary to paragraph 2 of article 17th of these measures, if the chief supervisory engineer fails to perform supervisory duties at the construction site pursuant to technical specifications, the construction administrative department or other relevant department shall order rectification within a period of time; pay 500 yuan above 5000 yuan below fine.

Article 34 (penalties for construction units)

Contrary to article 11th, paragraph 2, of these measures, if construction units do not charge supervision fees separately in construction projects accounts, they shall be ordered to rectify them within a period of time; if they fail to correct them late in time, pay 10,000 yuan above 100,000 yuan below fine, and can be responsible for unit principal responsible person 5000 yuan above 20,000 yuan fine.

Article 35 (handling of administrative staff)

If any staff member of administrative department or other department concerned violates these measures, one of the following circumstances shall be punished by administrative departments or competent departments under their authority according to law:

(1) Failing to perform supervisory inspection duties pursuant to these measures;

(2) Finding illegal acts are not promptly investigated or punished or harbouring or condoning illegal acts resulting in consequences;

(3) Unlawful enforcement of administrative penalties;

(4) Other acts of dereliction of duty, abuse of authority or favoritism towards favoritism.

Chapter 6 Supplementary provisions

Article36th (application approval for qualification of supervisory units)

Application approval for qualification of supervisory unit shall be carried out according to relevant regulations of state.

Article 37 (date of implementation)

These measures shall enter into force as of December 1st 2011. Issued by Shanghai Municipal Government on July 16th 1999 No. 70, amended pursuant to Shanghai Municipal Government's decision amending Provisional measures for supervision Administration Construction Project Shanghai pursuant to Shanghai Municipal Government decree No. 6 of August 1st 2003. Shanghai Municipal Government decree No. 77 "Shanghai Municipal people's Government decree No. 77" Amendment to 6 Municipal regulations concerning Protection regulations for Aquaculture in Shanghai Municipality "Shanghai Construction Project supervision. Interim measures for administrative management shall be repealed simultaneously.