十大正规网堵平台
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陕西省建设工程质量和安全生产管理条例
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时间：2018-08-12 21:16
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(Adopted at the 24th meeting of the Standing Committee of the Eighth People's Congress of Shaanxi Province on December 26, 1996, amended at the 12th meeting of the Standing Committee of the Tenth People's Congress of Shaanxi Province on August 3, 2004, the eleventh meeting of the Standing Committee of the Eleventh People's Congress of Shaanxi Province on November 26, 2009, the Quality Management of Construction projects in Shaanxi ProvinceAmendments to the Ordinance)
陕西省人民代表大会常务委员会
公告
十一届〕第二十二号
The Regulations on Quality Management of Construction Projects of Shaanxi Province were revised at the 11th meeting of the Standing Committee of the 11th People's Congress of Shaanxi Province on November 26, 2009，Now the revised "Shaanxi Province Construction project quality and safety production management Regulations" will be published，自2010年 3月1日起施行。
陕西省人民代表大会常务委员会
2009年11月26日
目 录
第一章 总 则
第二章 建设单位的质量和安全生产责任
第三章 勘察、设计、施工图审查单位的质量和安全生产责任
Chapter IV Quality and safety of construction units and production and sales units of building materials and equipment
生产责任
第五章 工程监理、工程质量检测单位的质量和安全生产责任
第六章 建设工程质量保修
第七章 监督管理
第八章 法律责任
第九章 附 则
第一章 总则
第一条 为了保证建设工程质量，加强建设工程安全生产监督管理，保护人民生命和财产安全，In accordance with the Construction Law of the People's Republic of China, the Regulations on the Quality Control of Construction Projects and the Regulations on the Safety Management of Construction Projects of The State Council and other laws and administrative regulations，结合本省实际，制定本条例。
Article 2 In the administrative areas of this province, the construction, expansion, reconstruction and demolition of construction projects and other related activities, as well as the supervision and administration of the quality and safety of construction projects, shall abide by these Regulations。
Article 3 People's governments at all levels shall strengthen leadership over the quality of construction projects and work safety, coordinate timely solutions to major problems in the supervision and administration of construction project quality and work safety, and support and urge relevant departments and units to perform their duties according to law。
Article 4 The construction administrative departments of the people's governments at or above the county level shall exercise supervision and administration over the quality and production safety of construction projects within their administrative areas, and their subordinate supervision agencies over the quality and safety of construction projects shall be responsible for specific supervision and administration。
Transportation, water conservancy and other relevant administrative departments of the people's governments at or above the county level shall, in accordance with their statutory duties, be responsible for the supervision and administration of the quality and production safety of relevant professional construction projects。
The work safety supervision and administration departments of the people's governments at or above the county level shall, according to law, conduct comprehensive supervision and administration of work safety in construction projects。
Article 5 Those engaged in construction projects shall strictly follow the procedures for capital construction and adhere to the principle of first survey, then design and then construction。
The people's government at or above the county level, its relevant departments and the management committee of the development zone shall not approve construction projects beyond their authority or simplify the procedures for capital construction without authorization。
Article 6 Construction, survey, design, construction, project supervision, review of construction drawings, project quality testing and other units related to the quality of construction projects and production safety shall establish and improve the management system of construction project quality and production safety, and be responsible for construction project quality and production safety according to law。
Article 7 Survey, design, construction, project supervision, construction drawing review, project quality testing and other units and their employees shall obtain the corresponding qualification certificates and qualification certificates according to law, and engage in the corresponding business activities within the scope permitted by their qualifications and qualifications。
Article 8 Encourage the popularization and application of scientific management methods and new materials, new processes, new equipment and new technologies that meet the requirements for safety, environmental protection and energy conservation of construction projects。
Article 9 Any unit or individual shall have the right to report to the competent department of construction administration or the supervision institution for quality and safety of construction projects any act that violates the administration of quality and safety of construction projects。
Article 10 People's governments at or above the county level and relevant administrative departments shall establish an incentive mechanism for quality projects and safe and civilized construction, and commend and reward units or individuals that have made outstanding contributions to improving the quality of construction projects and the level of safe production。
第二章 建设单位的质量和安全生产责任
Article 11 In the contract signed between the construction unit and the survey, design, construction, supervision, testing and other units, the responsibility for project quality and production safety shall be clearly stipulated。
Article 12 A construction unit shall, according to the characteristics and technical requirements of a construction project, organize investigation, design, construction and supervision to disclose the design information and review the drawings jointly with the parties concerned。
Article 13 The construction unit shall, in strict accordance with the provisions of the State on archives management, collect and sort out the design drawings and documents of each link of the construction project in a timely manner, and establish and improve the archives of the construction project。
Article 14 The construction unit shall include the cost of safe and civilized construction measures in the cost of the project, and pay the construction unit in full at one time before commencement。
Article 15 Construction project quality and safety supervision institutions shall exercise supervision over construction project quality and production safety。For a construction project with an investment of more than 300,000 yuan or a construction area of more than 300 square meters, the construction unit shall, before receiving the construction permit or commencement report, go through the procedures for the quality and safety supervision of the construction project to the construction project quality and safety supervision institution, and submit the following materials:
（一）经规划部门审核的建设规划总平面图；
（二）施工图审查合格书；
（三）保证建设工程质量和施工安全措施的资料；
（四）与勘察、设计、施工、监理等单位签订的合同；
（五）勘察、设计、施工、监理等单位的资质证书；
(6) the notice of winning the bid and the safety production license of the construction unit, the registered construction engineer certificate of the project manager and the safety production assessment certificate;
（七）监理单位的项目总监理工程师的注册监理工程师证书；
（八）国家和省规定的其他资料。
The quality and safety supervision institution for construction projects shall complete the procedures for quality and safety supervision of construction projects within 20 days from the date of receiving the materials conforming to the provisions of the preceding paragraph。
Article 16 A construction unit shall entrust a project quality testing unit with corresponding qualifications to carry out construction project quality testing, and sign a written contract。
Article 17 Where a construction unit provides building materials, building components, accessories and equipment in accordance with the contract, the construction unit shall ensure that the building materials, building components, accessories and equipment comply with the technical standards, design documents and contract requirements, and bear the corresponding quality responsibility according to law。
The construction unit shall not express or imply that the construction unit uses unqualified building materials, building components and equipment。
Article 18 A construction unit shall provide a construction site that meets the safety conditions, and coordinate to solve the problems affecting the construction safety of each construction unit and adjacent areas on the construction site。
第十九条 建设工程竣工验收由建设单位组织。The construction unit shall, within 20 days from the date of receipt of the completion report of the construction project, organize the investigation, design, construction, project supervision and other units to conduct acceptance checks。
建设工程经验收合格的，方可交付使用。
Article 20 After the completion of a construction project has passed the acceptance inspection, the construction unit shall, within 15 days, submit the completion acceptance record form, the completion acceptance report of the construction project, the project quality guarantee signed by the construction unit and other documents to the construction administrative department at or above the county level where the project is located for the record。The construction administrative department at or above the county level may entrust the construction project quality and safety supervision institution to specifically accept the case。
建设工程竣工验收报告包括：工程报建日期，施工许可证号，施工图设计文件审查意见，The quality qualification documents signed by the survey, design, construction, project supervision and other units and the original documents signed by the acceptance personnel，The relevant quality testing and functional testing data of municipal infrastructure and the relevant data that the filing authority deems necessary to provide。
The filing acceptance unit shall review the filing application and find that the construction unit has violated the relevant state regulations on the quality control of construction projects in the process of completion acceptance, and shall order the suspension of use and re-organize the completion acceptance within 15 days of receiving the completion acceptance filing documents。
Article 21 A residential project delivered by a construction unit shall provide a Project Instruction Manual and a Project Quality Guarantee Certificate。
《十大网堵平台》的内容由省建设行政主管部门制定。
Article 22 A construction unit may not contract the foundation division, the main structure division and the roofing division of a construction project to different construction units, and may not separate a testing business in a construction project to different testing units。
第三章 勘察、设计、施工图审查单位的质量和安全生产责任
Article 23 The survey unit shall conduct the survey in accordance with laws, regulations and technical standards for engineering construction, and the survey results of geology, surveying and hydrology provided must be true and accurate, and meet the requirements of construction project quality and production safety。
Article 24 An investigation unit shall take effective safety precautions at the investigation site to ensure the safety of all types of pipelines, facilities and surrounding buildings and structures。
Article 25 Design units shall design in accordance with laws, regulations and technical standards for project construction, so as to prevent construction project quality and production safety accidents caused by unreasonable design。
The design documents shall meet the depth requirements stipulated by the State, and the drawings shall be matched with clear descriptions and complete contents。For construction projects with new structures, new materials and new techniques and construction projects with special structures, the designing unit shall put forward measures and suggestions to ensure the quality of the projects and safe production in the design。
Except for building materials, special equipment and process production lines with special requirements, the design unit shall not designate production plants or suppliers。
第二十六条 勘察单位和设计单位应当做好下列工作：
(1) Participate in the joint review of design drawings organized by the construction unit, and make disclosure of design documents;
(b) detailed description of the construction drawing design documents to the construction and supervision units, timely handling of technical problems related to the design;
(3) To participate in the acceptance of the foundation, the main structure of the construction project and its main hidden works and the quality of the completion of the project;
(4) Participate in the analysis of construction project quality and production safety accidents, and propose technical treatment plans。
Article 27 The examining unit of construction drawings shall, in accordance with the provisions of the State, examine the survey result documents and the design documents of construction drawings of housing construction projects and municipal infrastructure projects。If it passes the examination, it shall issue the examination certificate and return the full set of construction drawings sealed by the examination unit to the construction unit。
Where a construction drawing examination unit finds that the survey result documents and construction drawing design documents violate laws, regulations and technical standards for project construction, it shall return them to the construction unit and explain the reasons in writing。After the survey result documents and construction drawing design documents have been modified, they shall be re-submitted to the original examination unit for examination。
The construction drawing examination unit shall bear legal responsibility for the survey result documents and construction drawing design documents that pass the examination, and shall not issue a false certificate of examination。
任何单位和个人不得擅自修改审查合格的施工图设计文件。
Chapter IV Responsibility for quality and safety production of construction units and production and sales units of building materials and equipment
Article 28 The construction unit shall organize construction in accordance with the design documents and technical standards, be responsible for the construction quality and safety of the construction project, and perform the following obligations:
(1) Establish and improve the quality responsibility system, production safety responsibility system, major hazard supervision, production safety education and training systems;
(2) To determine the project leader, technical leader, professional foreman and project quality personnel, safety personnel, testers, surveyors, information personnel, material personnel and other construction management personnel;
(3) To establish a production safety management agency, with full-time production safety management personnel;
(d) strict process management and construction quality inspection, do a good job of quality and safety production related data collection;
（五）制定重大事故应急预案；
(6) The construction unit of the main structure shall observe the settlement of the construction project during the construction period;
（七）法律法规规定的其他责任。
Article 29 The general contractor of a construction project shall be responsible for the quality and safe production of the contracted construction project;Where a general contractor subcontracts a specialized project to another unit, the subcontractor shall be responsible for the quality and safety of the subcontracted project in accordance with the contract。
Article 30 The person in charge of a project of a construction unit shall not undertake two or more construction projects at the same time, and shall not entrust others to perform their duties。项目负责人的变动须经建设单位书面同意。
Article 31 The person in charge of a project of a construction unit shall, before the construction of a construction project, make a detailed explanation of the technical requirements and major hazards related to the quality and safe construction of the project。
For major hazard sources of construction projects, the construction unit shall set up warning signs at corresponding locations。
Where the construction of a construction project may cause damage to adjacent buildings, structures and underground pipelines, etc., the construction unit shall take special protective measures。
Article 32 The construction unit shall use the cost of safe and civilized construction measures paid by the construction unit for the procurement and renewal of construction safety protective articles (tools) and facilities, the implementation of safety construction measures, and the improvement of safety production conditions, and shall not be diverted for other purposes。
Article 33 The construction unit shall provide the construction personnel with safe production protective equipment (equipment) and safe production and operating environment that meet the standards prescribed by the State, and express the operating procedures of dangerous positions and the hazards of illegal operations。
Construction personnel shall abide by the technical standards, rules and regulations and operating procedures of construction projects, and correctly use safety protective appliances, machinery and equipment。
Construction operators shall have the right to criticize, report and prosecute the construction quality and production safety problems, the right to refuse to violate the rules of command or force risky operations, in the event of an emergency endangering personal safety, the right to immediately stop operations or take necessary emergency measures to evacuate the dangerous area。
Article 34 The construction unit shall establish a sound education and training system, strengthen the professional skills and safety training of management personnel and operation personnel, and personnel who have not been educated and trained or have failed to pass the assessment shall not be allowed to take up post operations。
Article 35 The project leader, technical leader, material officer of the construction unit and the supervision engineer of the supervision unit shall conduct joint acceptance inspection of the main building materials, building components and equipment, and bear responsibility for the acceptance inspection of the building materials, building components and equipment。
The safety protection appliances, mechanical equipment, construction machinery and accessories purchased or leased by the construction unit shall have the production (manufacturing) license and product qualification certificate, and shall be inspected before entering the construction site。
It is prohibited to use building materials, building components and equipment that do not meet quality standards and design requirements in construction projects。
Article 36 The construction unit shall, in accordance with the requirements of the project design, the technical standards of construction and the contract agreement, inspect the building materials, building components, equipment and commercial concrete, and the inspection shall be recorded in writing and signed by special persons.Those that have not been inspected or have failed to pass the inspection shall not be used。
The construction personnel shall, under the supervision of the construction unit or the project supervision unit, take samples of the test blocks, test pieces and related materials related to the safety and use of the structure, and send them to the testing unit entrusted by the construction unit for testing。
Article 37 The construction unit shall strengthen the management of the construction site, take closed enclosure and other safety precautions, temporary buildings set up on the construction site shall meet the requirements for safe use, shall not be set up staff dormitories in buildings not yet completed, shall not allow irrelevant personnel to enter the construction site。
Article 38 The construction unit shall, in the construction organization design, work out safety technical measures and temporary electricity use plans on the construction site。The special construction plan shall be prepared for the sub-projects which have reached a certain scale and are more dangerous, and the safety checking results shall be attached. The plan shall be implemented after being signed by the technical person in charge of the construction unit and the chief supervision engineer。For more than a certain scale of dangerous sub-projects, experts should also be organized to demonstrate and review。
Article 39 The construction unit shall purchase accident insurance for the personnel who enter the construction site。实行施工总承包的，由总承包单位支付意外伤害保险费。意外伤害保险期限自建设工程开工之日起至竣工验收合格止。
Article 40 The building materials, building components and equipment, commercial concrete and related production safety protective articles (devices) provided by the production and sales units shall meet the quality requirements of the relevant technical standards, and be responsible for the quality of the products produced and sold。
Article 41 When leasing construction equipment, machinery and working materials, the lessor shall provide the lessee with the corresponding production license, product qualification certificate and inspection certificate。
Article 42 The installation and dismantling of construction lifting machinery and the overall lifting of scaffolding, formwork and other jack-up erection facilities shall be prepared disassembly plans, formulate safety construction measures, and by professional and technical personnel on-site supervision。
After the installation of construction lifting machinery and overall lifting scaffolding, formwork and other jack-up erection facilities, the installation unit shall self-inspect, issue a self-inspection certificate, and make safe use instructions to the construction unit, go through the acceptance procedures and sign。
Article 43 Before the property right unit of construction lifting machinery is leased for the first time or installed for the first time, it shall go to the construction project quality and safety supervision institution at or above the county level where the unit is registered for industry and commerce。
The use unit of construction lifting machinery shall, within 30 days from the date of acceptance of construction lifting machinery installation, go through the use registration with the construction project quality and safety supervision institution at or above the county level in the place where the construction project is located。
It is prohibited to rent or use construction lifting machinery and equipment that has been eliminated by the State or has exceeded its service life。
第五章 工程监理、工程质量检测单位的质量和安全生产责任
Article 44 Where a project supervision unit has subordinate relations or other interests with the construction unit or quality testing unit of the project under supervision, it shall not undertake the supervision business of the construction project。The project supervision unit shall not engage in the business activities of building materials, building components and equipment。
Article 45 The project supervision unit shall select the project chief supervision engineer and supervision engineer with corresponding qualifications to enter the construction site。总监理工程师对工程项目的质量和安全生产监理负总责。总监理工程师的变动须经建设单位同意。
The chief supervision engineer and the supervision engineer shall not assume the supervision of two or more construction projects at the same time, nor shall they entrust others to perform the supervision duties。
Article 46 The chief supervision engineer of a construction project shall, according to the actual situation of the supervision project, formulate a witness plan for sampling and submitting of building materials, building components and equipment, and organize the implementation。
Article 47 The project supervision unit shall examine whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for project construction。
In the process of supervision, the project supervision unit finds that there are quality problems or hidden dangers of safety accidents, shall require the construction unit to rectify;If the situation is serious, the construction unit shall be required to stop construction and report to the construction unit in a timely manner。
If the construction unit refuses to rectify or stop the construction, the project supervision unit shall promptly report to the construction project quality and safety supervision institution。
Article 48 The engineering quality testing unit shall check the samples and orders of construction materials, building components and equipment submitted for inspection, and record them in the testing report。
Before testing the project entity, the project quality testing unit shall, according to the technical standards and the actual project, formulate a testing plan for the entrusted testing content, and implement it under the full witness of the project supervision and construction unit。
Article 49 The engineering quality testing unit shall establish and improve the testing management control procedures and testing business information system, conduct testing in accordance with relevant technical standards, and the testing report issued shall be true and reliable, and be responsible for the testing conclusions。
Project quality testing units shall be found in the process of testing the construction units, supervision units, construction units in violation of the relevant laws, regulations and mandatory standards for project construction, as well as involving the structure safety test results unqualified situation, timely report to the construction project quality and safety supervision institutions in the location of the project。
Article 50 The project quality testing unit shall establish a file management system and serial number the project quality testing contract, order of authorization, original record and test report, and shall not be withdrawn or altered at will。
Article 51 A project quality testing unit may not set up branches, may not subcontract testing services, and may not forge data to issue false testing reports。
The project quality testing unit shall not have subordination relationship or other interest relationship with the relevant responsible unit of the project tested。
第六章 建设工程质量保修
第五十二条 建设工程实行质量保修制度。When the construction unit submits the project completion report to the construction unit, it shall issue the quality guarantee of the construction project。The warranty shall clearly define the scope, period and liability of the warranty of the construction project。
Article 53 Under normal conditions of use, the minimum warranty period of a construction project is:
(1) For infrastructure projects, foundation works and main structure works of building construction, the reasonable service life of such projects as stipulated in the design documents;
（二）建筑保温工程，为五年；
(C) the roof waterproof project, waterproof requirements of toilets, rooms and external wall leakage prevention, for five years;
（四）供热与供冷系统，为两个采暖期、供冷期；
（五）电气管线、给排水管道、设备安装和装修工程，为两年。
其他工程的保修期限由建设单位与施工单位约定。
建设工程的保修期，自竣工验收合格之日起计算。
Article 54 During the warranty period, the construction unit shall be responsible for the maintenance of project quality defects, and the maintenance expenses shall be borne in accordance with the following provisions:
(A) due to survey, design, construction drawing review, construction, supervision, project quality testing and other causes of quality defects, maintenance costs shall be borne by the relevant units in accordance with the contract;
(2) Quality defects caused by unqualified building materials, building components and equipment, which are purchased by the construction unit, shall be borne by the construction unit;Those purchased by the construction unit shall be borne by the construction unit;
(3) Project quality defects caused by the construction unit shall be borne by the construction unit。
In case of personal injury or property loss caused by project quality defects, the responsible party shall bear the corresponding civil liability。
If project quality defects occur within the quality guarantee period of the sales contract, the construction unit shall bear the warranty responsibility and maintenance costs, and the construction unit may seek compensation from the relevant responsible units according to law。If the quality of the building and its ancillary facilities is affected by the improper use of the user, the user shall bear the maintenance costs。
The term "project quality defect" as mentioned in this article refers to the fact that the quality of the project does not conform to the mandatory standards for project construction, the design documents and the contract。
Article 55 After the expiration of the warranty period of a construction project, if the quality of the construction project is affected by failure to carry out normal maintenance or overhaul or improper use, the responsible person shall bear the maintenance expenses。
Article 56 A construction unit shall, in accordance with the provisions of the contract for a construction project, reserve a warranty deposit in a prescribed proportion from the project funds payable, which shall be stored in a special bank account and shall not be misappropriated。Within 20 days after the expiration of the warranty, the construction unit shall return all the principal and interest of the warranty bond to the construction unit。
The period of warranty deposit reserved is consistent with the period of warranty, which is specifically agreed upon by the construction unit and the construction unit in the construction project contract, but the longest period shall not exceed five years。
The proportion of warranty deposit reserved for a construction project shall be agreed upon by the construction unit and the construction unit in the contract。For construction projects invested in whole or in part by the government, the proportion of warranty deposit reserved shall be carried out in accordance with the relevant provisions of the State。
Encourage construction projects to use other guarantee methods such as project quality guarantee, project quality insurance, etc. If other guarantee methods such as guarantee, insurance are used, the construction unit shall not reserve any warranty deposit。
第七章 监督管理
Article 57 The main responsibilities of the construction project quality and safety supervision institution for the supervision and administration of construction project quality and production safety are:
（一）宣传贯彻有关建设工程质量和安全方面的法律、法规；
（二）监督检查建设工程的质量和安全生产工作；
(3) To accept and promptly deal with reports and complaints on construction project quality and production safety;
（四）查处违反建设工程质量和安全法律、法规的行为；
（五）法律、法规规定的其他职责。
The provincial construction project quality and safety supervision agency may, in accordance with laws and regulations, formulate specific measures for the supervision and management of construction project quality and safety in the province, and provide operational guidance to the construction project quality and safety supervision agencies of cities, counties (cities, districts) divided into districts and relevant professional construction project quality and safety supervision agencies。
Article 58 Construction project quality and safety supervision agencies may take the following measures when performing supervision and inspection duties:
（一）进入施工现场进行检查；
(2) require the inspected units to provide documents and materials on the quality of construction projects and production safety;
(3) to correct violations of construction project quality and production safety requirements, and to deal with according to law;
(4) order the inspected units to immediately eliminate the hidden dangers of construction project quality and production safety accidents, and if safety cannot be ensured before or during the elimination of major safety accidents, order them to withdraw their operators from dangerous areas or temporarily stop construction;
（五）法律、法规授权可以采取的其他措施。
Article 59 When a construction project quality or production safety accident occurs, the construction unit shall immediately report to the construction project quality and safety supervision institution, and truthfully report to the relevant departments in accordance with the provisions of the State。
Article 60 The supervision institution for quality and safety of construction projects shall order it to stop work immediately and deal with it according to law when it finds that construction projects have been started without authorization without fulfilling the procedures for capital construction。
第八章 法律责任
Article 61 In violation of the provisions of Article 12 of these Regulations, the construction unit fails to organize the design disclosure and joint examination of drawings, the construction project quality and safety supervision institution shall order correction;Those who refuse to make corrections shall be ordered to stop construction。
Article 62 Where a construction unit, in violation of the provisions of Article 14 of these Regulations, fails to pay the cost of measures for safe and civilized construction of a construction project before commencement, the supervision institution for quality and safety of construction projects shall order correction within a time limit;Those who fail to make corrections within the time limit shall be ordered to stop construction。
Article 63 Where a construction unit violates the provisions of Article 15 of these Regulations and fails to go through the procedures for supervision of project quality and safety in accordance with the provisions, the supervision institution for quality and safety of construction projects shall order rectification within a time limit and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan。
Article 64 In violation of the provisions of Article 16 of these Regulations, a construction unit entrusts a project quality testing unit without corresponding qualifications to carry out construction project quality testing, the test report is invalid, and the construction unit shall be ordered by the construction project quality and safety supervision institution to make corrections and be fined between 20,000 yuan and 50,000 yuan。
Article 65 Where a construction unit, in violation of the provisions of paragraph 2 of Article 17 of these Regulations, explicitly or implicitly uses unqualified building materials, building structures and fittings and equipment, the supervision institution for quality and safety of construction projects shall order rectification within a time limit and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan。
Article 66 Where, in violation of the provisions of Article 19 of these Regulations, a construction unit fails to organize the completion inspection and acceptance of a construction project or fails to pass the inspection and acceptance of a construction project for delivery, the supervision institution for quality and safety of construction projects shall order it to make corrections and impose a fine of not less than 2 percent but not more than 4 percent of the project contract price;If any loss is caused, it shall be liable for compensation according to law。
Article 67 Where a construction unit violates the provisions of paragraph 1 of Article 20 of these Regulations and fails to handle the record of completion acceptance in accordance with the provisions, the record acceptance unit shall order it to make corrections and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan。
第六十八条 违反本条例第二十条第一款规定，建设单位采用虚假证明文件办理工程竣工验收备案的，工程竣工验收无效，由备案受理单位责令停止使用，重新组织竣工验收，处二十万元以上五十万元以下罚款；构成犯罪的，依法追究刑事责任。
Article 69 If a construction unit, in violation of the provisions of paragraph 3 of Article 20 of these Regulations, decides to reorganize the completed acceptance of the project and uses it without authorization before reorganizing the completed acceptance of the project, the filing acceptance unit shall order it to stop using the project and impose a fine of not less than 2 percent but not more than 4 percent of the project contract price。
第七十条 违反本条例第二十二条规定，The construction unit contracts the foundation subdivision, the main structure subdivision and the roof subdivision of the construction project to different construction units，由建设工程质量安全监督机构责令改正，A fine of not less than 0.5% but not more than 1% of the project contract price;For projects that use all or part of state-owned funds，可以暂停项目执行或者暂停资金拨付。
Where a construction unit divides a testing business in a construction project and entrusts different testing units, the construction project quality and safety supervision institution shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan。
Article 71 In violation of the provisions of the first and third paragraphs of Article 23, Article 25 and Article 27 of these Regulations, in any of the following circumstances, the construction project quality and safety supervision agency shall order correction and impose a fine of not less than 100,000 yuan but not more than 300,000 yuan:
(1) The survey or design unit fails to conduct the survey or design according to the mandatory standards for project construction;
(2) Designating a manufacturer or supplier of building materials, components and equipment by the designing unit;(3) The construction drawing examination unit fails to conduct the examination according to the prescribed examination contents or issues a false examination certificate。
第七十二条 违反本条例第二十五条第二款规定，Construction projects using new structures, new materials and new technologies and construction projects with special structures，The designing unit fails to put forward measures and suggestions for ensuring project quality and safe production in the design，由建设工程质量安全监督机构责令限期改正，处十万元以上三十万元以下的罚款；情节严重的，由省建设行政主管部门责令停业整顿，降低资质等级，直至吊销资质证书；造成重大安全事故，构成犯罪的，对直接责任人员，依照刑法有关规定追究刑事责任；造成损失的，依法承担赔偿责任。
Article 73 Violates the provisions of Article 28, paragraph 2 of Article 31, paragraph 1 of Article 33 and Article 34 of these Regulations，施工单位未履行施工质量和安全生产义务的，由建设工程质量安全监督机构责令限期改正；逾期未改正的，由省建设行政主管部门责令停业整顿，暂扣或者吊销其安全生产许可证，To impose a fine in accordance with the provisions of the Production Safety Law of the People's Republic of China;Cause a major security accident，构成犯罪的，对直接责任人员依法追究刑事责任。
第七十四条 违反本条例第三十条规定，施工单位项目负责人同时承担两个及两个以上的建设工程项目，或者委托他人代行职责的，由建设工程质量安全监督机构给予警告，责令改正，没有违法所得的，处以一万元以下的罚款；有违法所得的，处以违法所得三倍以下且不超过三万元的罚款。
Article 75 Violation of the provisions of Article 31, paragraph 1, paragraph 3 and Article 37 of these Regulations，施工单位未按规定履行施工现场管理职责的，由建设工程质量安全监督机构责令限期改正，情节严重的停工整改；逾期未改正的，由省建设行政主管部门责令停业整顿，并处五万元以上十万元以下罚款；造成重大安全事故，构成犯罪的，对直接责任人员依法追究刑事责任；造成损失的，依法承担赔偿责任。
Article 76 Where a construction unit, in violation of the provisions of Article 32 of these Regulations, misappropriates the cost of safe and civilized construction measures, the supervision institution for quality and safety of construction projects shall order it to make corrections within a time limit and impose a fine of not less than 20 percent but not more than 50 percent of the misappropriated cost;If any loss is caused, it shall be liable for compensation according to law。
第七十七条 违反本条例第三十五条第二款规定，Safety protection appliances, machinery and equipment, construction tools and accessories are put into use without inspection or fail to pass inspection before entering the construction site，由建设工程质量安全监督机构责令限期改正；逾期未改正的，由省建设行政主管部门责令停业整顿，并处十万元以上三十万元以下的罚款；情节严重的，降低资质等级，直至吊销资质证书；造成重大安全事故，构成犯罪的，对直接责任人员，依照刑法有关规定追究刑事责任；造成损失的，依法承担赔偿责任。
第七十八条 违反本条例第三十五条第三款规定，The construction unit uses building materials, building structures, accessories and equipment that do not meet the quality standards and design requirements in the construction project，由建设工程质量安全监督机构责令改正，A fine of not less than 2% but not more than 4% of the project contract price;Causing the quality of construction projects to fail to meet the prescribed quality standards，负责返工、修理，并赔偿因此造成的损失；情节严重的，由省建设行政主管部门责令停业整顿，降低资质等级或者吊销资质证书。
第七十九条 违反本条例第三十六条第一款规定，The construction unit has not inspected the building materials, building components, equipment and commercial concrete，或者未对涉及结构安全的试块、试件以及有关材料取样检测的，由建设工程质量安全监督机构责令改正，处十万元以上二十万元以下的罚款；情节严重的，由省建设行政主管部门责令停业整顿，降低资质等级或者吊销资质证书；造成损失的，依法承担赔偿责任。
第八十条 违反本条例第三十八条规定，The construction unit fails to prepare safety technical measures, temporary electricity use plans or special construction plans in accordance with regulations，由建设工程质量安全监督机构责令限期改正；逾期未改正的，由省建设行政主管部门责令停业整顿，并处十万元以上三十万元以下的罚款；情节严重的，降低资质等级，直至吊销资质证书；造成重大安全事故，构成犯罪的，对直接责任人员，依法追究刑事责任；造成损失的，依法承担赔偿责任。
第八十一条 违反本条例第四十二条规定有下列行为之一的，由建设工程质量安全监督机构责令限期改正，处五万元以上十万元以下的罚款；情节严重的，由省建设行政主管部门责令停业整顿，降低资质等级，直至吊销资质证书；造成损失的，依法承担赔偿责任：
（一）未编制拆装方案、制定安全施工措施的；
（二）未由专业技术人员现场监督的；
（三）未出具自检合格证明或者出具虚假证明的；
（四）未向施工单位进行安全使用说明，办理移交手续的。
Article 82 In violation of the provisions of Article 43 of these Regulations, the property rights unit and the user unit of construction lifting machinery fail to handle the record or use registration in accordance with the provisions, the construction project quality and safety supervision agency shall order correction, give a warning, and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan。
第八十三条 违反本条例第四十四条规定，工程监理单位违规承担建设工程监理业务的，由建设工程质量安全监督机构责令改正，处五万元以上十万元以下罚款；情节严重的，The provincial construction administrative department shall reduce the qualification level or revoke the qualification certificate;There are illegal gains，没收违法所得。
第八十四条 违反本条例第四十五条第二款规定，The chief supervision engineer and the supervision engineer are responsible for the supervision of two or more construction projects at the same time，由建设工程质量安全监督机构给予警告，责令限期改正；逾期未改正的，对单位处监理费一倍以上三倍以下罚款，对个人处一万元以上三万元以下罚款；构成犯罪的，依法追究刑事责任；造成损失的，依法承担赔偿责任。
Where the chief supervision engineer or supervision engineer entrusts another person to perform the supervision duties, the construction project quality and safety supervision institution shall give a warning and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on the individual。
第八十五条 违反本条例第四十七条规定，工程监理单位未按规定履行监理职责的，由建设工程质量安全监督机构责令限期改正；逾期未改正的，由省建设行政主管部门责令停业整顿，并处十万元以上三十万元以下的罚款；情节严重的，降低资质等级，直至吊销资质证书；造成重大安全事故，构成犯罪的，对直接责任人员，依法追究刑事责任；造成损失的，依法承担赔偿责任。
第八十六条 违反本条例第四十九条、第五十条、第五十一条，工程质量检测单位违规检测的，由建设工程质量安全监督机构责令改正，处一万元以上三万元以下的罚款；构成犯罪的，依法追究刑事责任；造成损失的，依法承担赔偿责任。
第八十七条 违反本条例第五十二条规定，施工单位不向建设单位出具建设工程质量保修书，Or the warranty of the construction project does not specify the scope of warranty, warranty period and warranty responsibility，由建设工程质量安全监督机构责令改正，处一万元以上三万元以下的罚款。
Article 88 Where a construction unit, in violation of Article 54 of these Regulations, fails to perform its warranty obligations or delays in performing its warranty obligations, the supervision institution for quality and safety of construction projects shall order it to make corrections and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan。The construction unit shall also be liable for the loss caused by the quality defects of the project during the warranty period。
Article 89 Any functionary of a state organ who neglects his duty, abuses his power or engages in malpractices for personal gains in the supervision and administration of construction project quality and production safety shall be given administrative sanctions by the unit to which he belongs or by the competent department at a higher level according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Article 90 Where laws and regulations provide for punishment for other acts in violation of the provisions of these Regulations, such provisions shall prevail。
第九章 附 则
Article 91 These Regulations shall not apply to military construction projects, rescue and disaster relief projects, low-rise houses built by peasants themselves and other temporary buildings。
第九十二条 本条例自2010年3月1日起施行。
