The release unit] ministry of water resources
Water release document number 】 【 possessed by 28
The 2006-12-18 release date 】 【
"Effective date" 2007-02-01
"Expiration date" -- -- -- -- -- -- -- -- -- -- -
[category] national laws and regulations
[source file] ministry of water resources
The water conservancy project construction supervision regulations "has been on November 9, 2006 ministerial meeting examined and approved, the ministry of water resources are hereby released, effective as of February 1, 2007.
Secretary wang shucheng
On December 18, 2006
Water conservancy project construction supervision regulations
The first chapter is always
Article 1 for the purpose of regulating the water conservancy project construction supervision, to ensure the quality of project construction, according to the bidding law of the People's Republic of China, regulations on the construction project quality management, the construction engineering safety production management regulations and other laws and regulations, combining the reality of water conservancy project construction, these provisions are formulated.
Article 2 the term "engaged in water conservancy engineering construction supervision, and the supervision and administration of water conservancy project construction supervision, the present provisions shall be applicable.
Water conservancy project "referred to in these provisions refers to the flood control, drainage, irrigation, and hydroelectric power, (for) water and tidal flats management, soil and water conservation, water conservation and other kinds of engineering (including building, expanding or rebuilding and reinforcement, repair and dismantling project) and its related and affiliated.
Water conservancy project construction supervision, "referred to in these provisions refers to has the corresponding qualification of hydraulic engineering construction supervision unit (hereinafter referred to as the supervisory units), entrusted by project legal person (the construction unit, the same below), in accordance with the contract of supervision in the project implementation of the construction of water conservancy project quality, progress, capital, production safety, environmental protection and other management activities, including water conservancy project construction supervision, water and soil conservation engineering construction supervision, supervision of electrical and mechanical equipment and metal structure manufacturing environmental protection, water conservancy engineering construction supervision.
Article 3 the water conservancy project construction project shall carry out the construction supervision in accordance with law.
With a total investment of 2 million yuan of above and meet the following conditions, one of the water conservancy construction project, must be carried out on construction supervision:
(a) relationship between public interests and public safety;
(2) the use of state-owned capital investment financing or countries;
(3) the use of foreign government loans, aid or international organizations.
Railways, highways, urban construction, mining, power, oil and natural gas and building materials development and construction project of form a complete set of soil and water conservation engineering, in conformity with the conditions specified in the preceding paragraph, shall be in accordance with the regulations for soil and water conservation engineering construction supervision.
Other water conservancy project construction project can be executed the provisions.
Article 4 the ministry of water resources to exercise unified supervision over and administration of the national water conservancy project construction supervision.
Ministry of water resources by river basin administrative agencies (hereinafter referred to as the river basin administrative agencies) and the department of water administration under the local people's governments at or above the county level of water conservancy project construction supervision, the supervision and management.
The second chapter supervising business entrusted to undertake
Article 5 in accordance with this regulation must be the implementation of construction supervision of water conservancy engineering construction projects, the project entity shall, in accordance with the stipulations on the management of water conservancy project construction project tendering and bidding, determine with appropriate qualification of supervision unit, and reported to the competent project department for the record.
Supervision of project legal person and the supervising units shall, in accordance with the signed contract.
Article 6. The project entity entrusts supervising business shall conform to the provisions of the state of the project supervision fees.
Project legal person and its staff shall not solicit or accept property or other from supervision company illegitimate interests.
Article 7 the supervising units shall in accordance with the provisions of the ministry of water resources in the water conservancy project construction supervision unit level of qualification certificate, and within the scope as allowed by their level of qualification contracting of water conservancy project construction supervision business.
Two or more qualified supervision unit, can form a consortium to undertake supervision business. Parties to a consortium shall enter into an agreement, clear the parties to work and responsibility, and submit the project entity will agreement. A consortium of level of qualification, in accordance with the same professional qualification level lower side. Consortium wins the bid, the parties shall jointly with the project entity supervision contract, assume joint and several liability over the winning project to the project legal person.
Article 8 the supervision unit and the supervision unit and construction materials, building components and equipment supply units have subordinate relations or other interest, shall undertake the project construction supervision business.
Supervision unit in collusion, fraud, intimidation and bribery and other improper means of competition, the water conservancy project contracting construction supervision business.
Article 9 the supervising units shall not allow other unit or individual contract in the name of the unit water conservancy project construction supervision business.
Supervising units shall not transfer the supervising business.
The third chapter supervising business implementation
Article 10 the supervising units shall employ with corresponding qualification of supervision personnel engaged in water conservancy project construction supervision business. Supervisory staff including general supervision engineers, supervision engineers, and supervision. Supervision of qualified personnel shall, in accordance with the stipulations on the management of self-discipline.
Supervision engineer shall be taken by the certified supervision unit (hereinafter referred to as registration supervision units) submitted to the ministry of water resources to register put on record, and engaged in supervising business in its registered supervision unit; Need to temporarily to other supervision units engaged in supervision, shall be signed an agreement with certified supervision unit by the supervision unit, supervision responsibilities and other relevant matters.
Supervising personnel shall keep holding secret (from), and shall not be in two or more water conservancy projects at the same time engaged in supervising business, may not and the supervision company and construction materials, building components and equipment supply unit economic interests.
Article 11 the supervising units shall implement the construction supervision according to the following procedure:
(a) according to the supervision of the contract, send that could satisfy the requirement of supervision of general supervision engineers, supervision engineers and supervision engineer project supervision institution, to the scene;
(2) prepare the supervision plan, is clear about project supervision agency work scope, content, target and the basis, to determine the supervision system, procedures, methods and measures, and shall be reported to the project entity for the record;
(3) according to the project construction schedule and detailed rules for the implementation of professional preparation of supervision,
(4) according to detailed rules for the implementation and supervision to carry out the supervision of supervision planning, preparation and submit supervision report;
(5) after completion of supervising business, according to the supervision contract supervision report can be submitted to the project legal person, hand over archives information.
Article 12 the general supervision engineer responsibility system of water conservancy construction supervision.
General supervision engineer is responsible for the overall performance of the supervision contract responsibility of supervision unit, release the relevant instructions, sign supervision documents, coordinate the relationship between the parties concerned.
Supervision engineer in general supervision engineer within the scope of authority to carry out the supervision work, be responsible for the supervision of the work, and shall be responsible for general supervision engineer.
Inspector is within the scope of supervision engineer or total supervision engineer authorized work in the supervision of the auxiliary.
Article 13 the supervising units shall list the project supervision institutions and their staff, supervision engineer and inspector is authorized scope of written notice by supervision unit. During the supervision of the implementation supervision of personnel changes, it shall timely notify the unit under supervision.
Supervision units to replace the total supervision engineer and other main supervisory staff, should conform to the supervision of the contract.
Supervision of article 14 of the supervising units shall, in accordance with the contract, the organization design units such as on-site design so as to check and issue a working drawing. Without total in respect of construction shall not be used for a supervision engineer.
The supervising units shall not modify the design documents.
Article 15 of the supervising units shall, in accordance with requirements of the supervision of the specification, take side, patrol, tracking detection and parallel detection methods such as the implementation of supervision, found that the problem should be correct and report in a timely manner.
Supervision units may not with the project legal person or the supervising units collude, deception, lower the quality of engineering or equipment.
Supervisors shall not quality testing or inspection unqualified construction engineering, building materials, components and equipment in accordance with the qualified to sign.
Without supervision engineer's signature, building materials, components and equipment shall not be used on engineering or installation, not for the construction of next procedure.
Article 16 the supervising units shall assist the project entity, controlling the progress schedule for review by the supervision unit compiling the construction organization design and schedule, and urged by supervision unit.
Article 17 the supervising units shall assist the project legal person prepare payment plan and review submitted by supervision unit cash flow plan, verification of quantities according to contract agreement, issue a proof of payment.
Without the general supervision engineer signature, project legal person may payment due.
Article 18 the supervising units shall review was put forward by the supervision unit safety technical measures and special construction plan is in line with the mandatory project construction standards and environmental protection measures and environmental protection requirements, and supervise the implementation.
In the process of implementing supervision, supervision units found safety accidents, rectification should be required to be management unit, In severe cases, should be required to be temporarily stop the construction supervision unit, and timely report the project legal person. Be refuses to rectification or does not stop the construction supervision unit, supervision unit shall promptly to the relevant water conservancy administrative department or the river basin administrative agencies report.
Article 19 the project entity shall provide necessary working conditions to supervision unit to support independent supervising business supervision unit, in violation of laws and regulations shall not express or implied supervising unit and the mandatory project construction standards and shall not change the total supervision engineer instruction.
Article 20 the project entity shall, in accordance with the supervision of the contract, pay timely, full specified amount pays supervision unit, without undue cut or delay the payment.
Project entity supervision unit can be put forward and implement the rationalization proposal shall be rewarded. Negotiation between the reward standard by the project entity and the supervision unit.
Chapter iv supervision and administration
Article 21 the department of water administration under the people's governments at or above the county level and the river basin administrative agencies shall strengthen the supervision and management of water conservancy engineering construction supervision activities, implement state laws and regulations of project legal person and supervision units, the mandatory project construction standards and implementation situation of the supervision contract supervision and inspection.
Project entity shall, according to the supervision contract supervision activities.
Article 22 the department of water administration under the people's governments at or above the county level and the river basin administrative agencies in fulfill their duties of supervision and inspection, the relevant units and personnel shall objectively and truthfully report the situation to them and provide the relevant materials.
Department of water administration under the people's governments at or above the county level and the river basin administrative agencies responsible for the supervision and inspection, shall not interfere with the supervision of supervision units and supervisory personnel to normal activities, the solicitation or acceptance may not be to supervise and inspect the unit and the property of the personnel shall not seek other illegitimate gains.
Article 23 people's governments at or above the county level of the departments of water administration and river basin administrative agencies in the supervision and inspection, found irregularities supervision units and supervisory personnel, shall be ordered to correct, and to investigate and punish according to law.
Article 24 any unit and individual shall have the right to the violation behavior in water conservancy engineering construction supervision activities to impeach and charge. The relevant water conservancy administrative department and the river basin administrative agencies and related units shall timely verify and handle.
The fifth chapter penalty,
Article 25 the project entity will be water conservancy project construction supervision business entrusted to do not have the corresponding qualification of supervision unit, or must be carried out on construction supervision, not in accordance with article 54 the construction engineering quality management ordinance, article 56 of the punishment.
Project entity unit for supervision and management is not in conformity with the production safety laws, regulations and the mandatory project construction standards, in accordance with article 55 the construction engineering safety production management ordinance punishment.
Article 26 the project legal person and its staff accepting bribes from the supervision unit, requests for commissions or other improper interests, shall be recovered and concurrently and no more than three times the illegal income of 30000 yuan fine; If the case constitutes a crime, shall be investigated for criminal responsibility about responsible.
Article 27 the supervision unit has one of the following ACTS, according to the provisions of article 60 the construction engineering quality management ordinance, article sixty-one, article sixty-two, article sixty-one, article sixty-eight of the penalty:
(a) beyond the approved scope of business unit level of qualification of the supervising business contracting;
(2) has not obtained the corresponding qualification grade certificate by supervising business;
(3) to deception to obtain the level of qualification certificate of the supervising business contracting;
The other units or individuals are allowed to undertake supervision on business in the name of the unit;
(5) transfer of supervising business;
(6) and project legal person or unit under supervision collusion, fraud, and reduce the engineering quality;
(7) will not be qualified construction engineering, building materials, components and equipment in accordance with the qualified signature;
(8) and the unit under supervision and construction materials, building components and equipment supply unit has a subordination relations or other interested to undertake the project construction supervision business.
Article 28 the supervision company has one of the following ACTS, shall be ordered to correct and given a warning; No illegal gains, a fine of less than RMB 10000, with all its illegal incomes, shall be recovered, and no more than three times the illegal income 30000 yuan; If the circumstances are serious, lower level of qualification; If the case constitutes a crime, criminal liability shall be pursued in accordance with the relevant responsible:
(a) to collusion, fraud, coercion, bribery and other improper means of competition of the supervising business contracting;
(2) the use of convenience and project legal person, the supervision unit and construction materials, building components and equipment supply units collusion, seek improper interests.
Article 29 of the supervision company has one of the following ACTS, in accordance with article 57 the construction engineering safety production management ordinance punishment:
(a) not for safety technical measures in the construction organization design or special construction plan review.
(2) found that safety accident hidden trouble not timely construction units required correction or to suspend the construction;
(3) the construction unit to rectify or not stop construction, failed to timely to the relevant water conservancy administrative department or the river basin administrative agencies report;
(4) is not in accordance with the laws, regulations and the mandatory project construction standards implementation of supervision.
Article 30 supervising unit has one of the following ACTS, shall be ordered to correct and given a warning; If the circumstances are serious, lower level of qualification:
(a) employ no corresponding supervision personnel qualification personnel engaged in supervision;
(2) to hide information, declined to provide materials or providing false materials.
Article 31 supervising personnel engaged in water conservancy project construction supervision, has one of the following ACTS, they shall be ordered to correct and given a warning; Among them, the supervision engineer violations, if the circumstances are serious, the cancellation of registration certificate, 2 years will not be registered; With all its illegal incomes, shall be recovered and concurrently impose a fine of less than RMB 10000; The losses, shall bear the liability for compensation according to law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law:
(a) by taking advantage of holding (from) industry, the solicitation or acceptance project legal person, supervision unit and construction materials, components and equipment supply unit property;
(2) and the supervision unit and construction materials, building components and equipment supply units collusion, seek improper interests;
(3) the illegal disclosure of (from) industry should keep the secret.
Article 32 the supervision personnel quality accident caused by the fault, shall be ordered to stop the board of 1 year (from), among them, the supervision engineer of major quality accident caused by the fault, the cancellation of registration certificate shall be rejected for registration within five years, if the circumstances are especially serious, life will not be registered.
Supervisory staff did not enforce the law, regulations and the mandatory project construction standards, shall be ordered to stop holding more than 3 months (from) industry below 1 year, among them, the supervision engineer violations, if the circumstances are serious, the cancellation of registration certificate shall be rejected for registration within five years, a significant safety accidents, and life will not be registered; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 33 of the water conservancy administrative department and the staff of river basin administrative agencies in the supervision and management of the engineering construction supervision activities of dereliction of duty, abuse of authority, practice favoritism, given sanctions in accordance with the law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 34 in accordance with the law to give supervision unit is fine, the person-in-charge directly responsible person in charge and other persons directly responsible unit fines at more than five percent, and impose a fine of less than ten percent.
Supervision unit staff due to shift work, retired, etc. The reason to leave after the unit was found in the unit during the work in violation of the provisions of relevant state construction quality management, a significant engineering quality accident, shall be investigated for legal responsibility.
Article 35 reduce supervision unit qualification level, shall be revoked the certificate of supervision unit level of qualification penalty and cancellation of supervision engineer certificate, registration is determined by the ministry of water resources; Other administrative punishment by the relevant water conservancy administrative department in accordance with the decision of their statutory functions and powers.
The sixth chapter is attached
Referred to in article 36 of this rules refers to the mechanical and electrical equipment and metal structure manufacturing supervision installed on water conservancy project of generators, turbines and affiliated facilities thereof, and the valve, pressure steel pipe, drain grating equipment, lifting equipment such as mechanical and electrical equipment and metal structure manufacturing process quality, progress and so on carries on the management activities.
Water conservancy project construction supervision of environmental protection "referred to in these provisions refers to water conservancy project construction project implementation of wastewater or sewage, waste, waste residue, waste gas, dust, noise control measures such as management activities.
By supervision unit "referred to in these provisions refers to undertake the task of water conservancy project construction unit, and engaged in water conservancy engineering of electrical and mechanical equipment and metal structure manufacturing units.
Article 37 the supervision unit, division, merger, restructuring, transfer, by inheriting the unit corresponding supervision responsibility of supervision performance.
Article 38 the relevant technical specifications of construction supervision of water conservancy projects, shall be separately formulated by the ministry of water resources.
Article 39 of the regulations shall enter into force as of February 1, 2007. "The water conservancy project construction supervision regulations" (water connecting the [1999] no. 637), "interim measures for soil and water conservation ecological construction project supervision management" (water connecting the [2003] no. 79) shall be repealed simultaneously.
"The water conservancy engineering equipment manufacturing supervision regulations" (water connecting the [2001] no. 217) are inconsistent with these provisions, in accordance with these provisions.
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