Opinions on standardizing the management of the construction market in our district

Opinions on standardizing the management of the construction market in our district

In order to conscientiously implement the spirit of the State Council and the Jiangxi Provincial Government to regulate the market economy management work, further strengthen the supervision of the construction market, seriously investigate and deal with various illegal acts that disrupt the order of the construction market, maintain the order of the construction market, and ensure the quality of the project and safe production. Now I have put forward the following opinions on the management of the standard construction market in our district:

First, fully understand the importance and urgency of standardizing the construction market order work

1. In recent years, especially since 2001, the construction administrative department and the discipline inspection and supervision department of our district have continued to carry out the law enforcement supervision of the construction market and construction projects with the strong support and participation of all relevant parties to make the construction market The order has improved, and the construction market has gradually embarked on the track of legal management. However, the problem of lax and disorderly management of the construction market has not been fundamentally solved, and some problems are still prominent. For example, implicit subcontracting, illegal subcontracting, contracting and vicious price reduction have not been completely eliminated; violation of statutory construction procedures, especially undocumented The proportion of construction and unlicensed construction is still relatively large; the failure to implement mandatory standards for construction, cutting corners and the use of counterfeit building materials have existed in some projects to varying degrees; individual management departments and a small number of staff abused their powers to intervene in engineering contracting packages, and Unreasonable administration, unsatisfactory law enforcement, and illegal investigations have also occurred from time to time; due to unreasonable regulations and multiple problems in decoration management, the unified and open, competitive and orderly construction market has not yet formed. The order of the construction market is chaotic, which not only jeopardizes the quality of the project and safe production, but also affects the performance of investment, and corrodes the cadre team and ruined the social atmosphere. It goes without saying that regulating the order of the construction market has become a major and urgent task. The administrative department of construction and the supervision department of the district must profoundly understand the importance of standardizing the order of the construction market from the height of ensuring the smooth progress of reform, opening up, and modernization, and enhance the political sense of responsibility and urgency of doing a good job, and be confident and clear-cut. To standardize the order of the construction market, as an important task in practicing the important thinking of the "three represents", we must pay close attention to implementation. Adhere to the treatment of both the symptoms and the root causes, improve the system construction, clarify the management responsibilities, strengthen the supervision, ensure that there are laws to follow, law enforcement must be strict, illegal law must be investigated, and the work of regulating the order of the construction market is effectively achieved.

2. Standardize the order of the construction market, market behavior is the means, and regulation of market order is the purpose. The scope of work in this district to regulate the order of the construction market is the construction projects under construction and new construction in 2003, including various types of housing construction projects and district administration infrastructure projects. This year's work focuses on five aspects. First, serious investigation and punishment of evading bidding and bidding and fraud; second, severely crack down on subcontracting, design and construction subcontracting, illegal subcontracting projects and signing yin and yang contracts, and supervising units transfer supervision business. And undocumented, leapfrog to undertake survey, design, construction, supervision business and other issues; the third is to investigate and deal with violations of statutory construction procedures, vicious price and undocumented construction, undocumented construction problems; fourth, investigate and deal with non-implementation of mandatory standards for construction And the problem of cutting corners and using fake building materials; the fifth is to correct the behavior of the administrative department and its staff members who are not strictly enforced according to law. To regulate the order of the construction market, we must pay close attention to the management of weak links and weak areas, especially to strengthen the building decoration, residential projects and Yan Xijun 15.? (3)? (16) Frozen Joe?? 4.遄?图?蚺┟褡越ㄈ?阋陨献≌?捌渌?こ探ㄉ杌疃?喙堋?? SPAN lang=EN-US>

Standardizing the order of the construction market is a long-term and arduous task that must be steadily advanced in stages and in accordance with the plan. This year, our district will achieve remarkable results through hard work and solid work. The overall work objectives are six: First, solve some outstanding problems that are harmful and have strong social reflections, so that the legal concept of the main body of the project construction is obviously enhanced; second, avoid bidding, intervening in bidding, bidding and fraud, and subcontracting, The problems of illegal subcontracting, contracted contracting, vicious price and yin and yang contract were effectively rectified; thirdly, the situation of violating the statutory construction procedures, illegal construction and non-implementation of compulsory standards for construction, cutting corners, and using fake building materials were basically reversed; Unreasonable provisions for the implementation of local protection can be basically solved; fifth, illegal cases, especially major cases, are inspected, and the responsible units and personnel are severely punished according to law; sixth, the administrative departments are not legally enforced and law enforcement subjects are not strictly enforced to correct and standardize . It is required that the newly started engineering projects since 2003 and in the future should achieve “eight musts” in accordance with laws and regulations: the project survey, design, supervision, and construction shall be subject to tendering in accordance with the law, and public bidding must be carried out for public bidding. The project investigation and design approved according to law may be invited to invite bidding, or may be organized for concept design bidding; the project that should be invited according to law must not exclude or restrict qualified survey, design, supervision and construction units to participate in the bidding; The construction drawing design file of the trial must be submitted for review, otherwise it will not be allowed to use; the project that should be supervised according to law must use the units that meet the qualifications to implement the supervision; the project that should implement the construction permit management according to law must go through the construction permit formalities according to the regulations; Projects that should be subject to government quality and safety supervision must be subject to quality and safety supervision; projects that are completed and filed in accordance with the law must be completed and completed in accordance with regulations, otherwise they may not be put into use.

Second, strict legal construction program management, serious investigation and punishment of violations of the statutory construction procedures

1. All projects must strictly implement the statutory construction procedures, and handle the procedures such as project report construction, construction drawing design file review, bidding, quality and safety supervision, construction permit, contract filing, completion acceptance and filing, etc. Supervisor must be entrusted.

2. Seriously implement the project legal person responsibility system, clarify that the construction unit is the first responsible person of the project, and bear the statutory responsibility for the organization and construction of the project. If the project does not fulfill the statutory construction procedures, the responsibility of the construction unit should be investigated first.

The supervision unit shall be entrusted by the construction unit to assist the construction unit to perform or supervise the project contractor to execute the statutory construction program. When it is found that the supervised project violates the statutory construction procedure, it shall promptly report to the construction unit and prompt it to make corrections; The report shall be reported to the competent construction administrative department, and the construction administrative department shall order it to make corrections and impose administrative punishment according to law.

3. Strictly implement the construction drawing design file review system, and the construction drawing design files that have not been examined and approved shall not be used. If any problems are found in the review of the construction drawing design file, the construction administrative department or the construction drawing design review agency shall order the relevant units to make timely revisions, and if they are not qualified or have not been qualified after being modified, they shall not be delivered for use. Where the construction drawing design file is unqualified or unqualified for construction, the construction administrative department shall order the construction unit to make corrections and investigate its responsibility according to law.

4. Strictly implement the construction permit and project completion acceptance and filing system, and effectively implement the two projects for the start and completion of the project. Except for the projects that have been approved for the commencement of work in accordance with the licensing and procedures prescribed by the State Council, all the projects within the scope of the regulations must be subject to construction permit management according to law. The construction administrative department shall not issue a construction permit for projects that fail to apply for tenders or open tenders, do not submit construction drawing design files, do not handle quality and safety supervision, or do not entrust supervision; Serious punishment must be made according to law. At the same time, it is necessary to conscientiously implement the project completion acceptance and filing system. Projects that have not been experienced and put into use for filing shall be ordered to stop using and reorganize the completion acceptance.

Third, increase supervision, and effectively solve the problem of evading bidding and bidding

1. The key to solving the problem of evading bidding and bidding and falsifying is to standardize the behavior of the construction unit. Projects that must be tendered according to law must be tendered. Key projects that are not suitable for open tendering must be approved in accordance with the prescribed permissions and procedures before invitations can be invited for tendering. Projects that must be tendered according to law may not be barbarized.

For all types of building construction and district administrative infrastructure projects that must be surveyed, designed, constructed, and supervised by the regulations, the construction unit shall submit a written report on the bidding situation to the construction administrative department within 15 days from the date of confirmation of the winning bidder. . After receiving the report, the construction administrative department shall conduct a strict examination of the legality of its bidding activities and find that the illegal acts shall be severely punished according to law.

2. Continue to improve and perfect the tangible construction market, give full play to its service role, and standardize its operation. For projects that must be tendered for construction according to regulations, they should enter the tangible building market for trading. Projects that must be surveyed, designed, supervised and tendered according to law, should also enter the physical construction market if conditions permit, and bidding shall be carried out in accordance with relevant regulations. The project bidding supervision agency and supervision department must conscientiously perform their duties and strengthen supervision and management of trading activities.

3. Vigorously implement the bidding agency system for engineering construction projects. For projects that must be tendered according to law, if the construction unit does not have the ability to compile the bidding documents and organize the bid evaluation, it shall entrust the bidding agency to undertake the bidding. The bidding agency shall organize the bidding according to law in accordance with the scope of entrustment of the construction unit. For the project entrusted with the bidding agency, if there is a falsification of bidding or bidding, in addition to the responsibility of the construction unit in accordance with the law, the responsibility of the bidding agency shall be strictly investigated according to law.

4. Strengthen the management of engineering contracts, and strictly prohibit the “Yin and Yang Contract”. The construction unit and the surveying, design, construction, and supervision unit that won the bid shall not enter into a contract according to the bidding file and the bidding file of the winning bidder, or the construction unit and the survey, design, construction, and supervision unit of the winning bid shall enter into other agreements that deviate from the substantive contents of the contract. The construction administrative department shall order it to make corrections and impose penalties according to law.

The construction unit shall not force the survey, design, construction, and supervision units to bid at a price lower than the cost price, and may not violate the state's unreasonable price reduction contract for the investigation, design, and supervision fees. In case of violation of the regulations, the construction administrative department shall order it to make corrections and impose penalties according to law.

The construction unit shall, in accordance with the contract, timely disbursement of the project progress payment and the completion settlement payment according to law. If the project price is not paid within the time limit, it shall be implemented in accordance with the provisions of Article 286 of the Contract Law of the People's Republic of China, and shall not be subject to project acceptance and filing. For the project that has been completed and accepted, if the construction unit fails to settle the project price in accordance with the contract, the construction administrative department shall treat the newly started project as construction fund and shall not issue the construction permit.

5. Seriously implement the No. 94 issued by the State Council, Fufu Office issued [2004] No. 11 and the provincial government issued the No. 17 and the Ministry of Construction to build the archives of the No. 44 file, further paying attention to the arrears of construction funds and the wages of migrant workers. When the administrative department handles the construction permit, it will charge the project guarantee fund at 15% of the total project cost to ensure that the wages of migrant workers will be paid in full and the new default will be eliminated.

Fourth, improve the system, strengthen supervision, comprehensive management subcontracting, illegal subcontracting and other issues

1. The survey, design, construction, and supervision units shall not subcontract, illegally subcontract, or appoint contracted contracting projects, and the supervision unit shall not transfer the supervision business.

It is necessary to establish a contract for the survey, design, construction, and supervision units and a subcontracting contract filing system. The investigation, design, construction, supervision unit and the construction unit shall sign the contract, and after the survey, design and construction contractor unit and the subcontracting unit sign the subcontracting contract, the contract or subcontract shall be reported to the construction administration within 7 working days. The competent department shall file the record. For the survey, design, construction, and supervision units that do not file contracts or subcontracts, the construction administrative department may publicly report and record them as bad behaviors in the qualification annual inspection. If any illegal act is found, it shall be promptly ordered to make corrections or investigated and dealt with according to law.

2. Strengthen the management of the project manager of the construction enterprise and its project management team. Each project manager must not be responsible for the management of more than two engineering projects at the same time. The construction administrative department will regularly organize inspections on the construction site and find that there are subcontracting or illegal subcontracting projects, not only for the contractors or subcontractors to severely punish according to law, but also to revoke their qualification certificates, and to the project manager. Downgrade until the qualification certificate is revoked.

If the construction unit does not exercise subcontracting approval management according to law, or even colludes with the survey, design, construction and supervision units, and allows it to subcontract, illegally subcontract or transfer the supervision business, the construction administrative department will publicly notify and cooperate with the relevant departments. Serious handling of the supervisors and other responsible personnel directly responsible for the unit.

3. According to the requirements of “Two Laws” and “Two Regulations”, the current methods for bidding qualifications and evaluation methods in our district shall be cleaned up. According to the regulations of the State Council and the State Planning Commission, the scope of bidding for survey, design and supervision must be The scale is unambiguous. Follow the principles of market economy and gradually reform the construction management model. The implementation of the project guarantee system, as soon as possible, introduced some government investment project guarantee methods in our district, and cultivated the construction industry peer guarantee entity.

V. Reform and improve the enterprise qualification management measures, establish a strict construction market access and clearance system, and strengthen the access and clearing system of the construction market. The survey, design, construction, supervision, and bidding agency must obtain the corresponding level of qualification certificate according to law, and engage in corresponding engineering construction activities within the scope of their qualification level, and severely crack down on unlicensed, leapfrogging or abutting engineering business. . It is necessary to legally design and construct the building decoration and decoration units into the qualification management track.

For the annual inspection of the qualifications of the survey, design, construction and supervision units and the approval of the qualification level, it is necessary to classify whether there are violations of the construction market or engineering quality and safety accidents as one of the important conditions for the review. Anyone who violates the law or the construction quality or safety accidents in the construction market shall, in addition to the severe punishment according to law, be classified as unqualified at the annual inspection of qualifications, and re-qualify the qualification level; if the circumstances are serious, the qualification certificate shall be resolutely revoked. Clear the construction market.

6. Publicize and implement relevant laws and regulations and mandatory standards for engineering construction to ensure project quality and safe production.

1. The focus of engineering quality work in the current and future period is to organize the study, publicity and implementation of the “Construction Engineering Quality Management Regulations” and the “Compulsory Provisions for Engineering Construction Standards”. It is necessary to supervise the construction units, survey and design units, construction units, and project supervision units to implement their respective quality responsibilities and obligations according to law, and strengthen supervision and inspection of the implementation of laws, regulations, and compulsory standards related to the quality of construction projects.

It is necessary to strengthen the supervision and management of the quality of building decoration and decoration, especially the decoration and decoration of residential buildings. The key point is to supervise the construction of the main body of the building and the structure of the load-bearing structure without authorization. For the changes involving the main body of the building and the load-bearing structure, it must be entrusted before construction. The original design unit or the design unit with the corresponding qualification level proposes the design plan; in the decoration process, the construction enterprise shall strictly control the pollution and harm to the residential area and urban environment according to the regulations, such as dust, pollutants, noise and vibration. Anyone who violates these regulations shall be punished by the competent administrative department of construction for the responsible unit and the responsible person according to law.

2. The district construction administrative department must conscientiously implement the "Regulations of the State Council on the Investigation of Administrative Responsibility for Extraordinary Security Accidents", effectively strengthen the supervision and inspection of the safety production of construction projects, establish and improve the safety production system, guide and urge enterprises to strengthen safety production management, and increase The investment in safety precautions, the maintenance of equipment and equipment, and efforts to eliminate hidden dangers. Strict implementation of safety production responsibility system. For major mega-security accidents, not only shall the responsible units and responsible persons be seriously investigated and punished according to the principle of “three no-lost”, but also the administrative responsibilities of relevant leaders and supervisors shall be investigated in accordance with the provisions of the State Council.

7. Establish an administrative responsibility investigation system for the construction administrative department and strengthen the construction of the law enforcement team in the construction market

1. The district construction administrative department will strengthen the construction market management and project quality and safety supervision in accordance with the “Regulations of the State Council on the Investigation of Administrative Liability for Extraordinary Security Accidents” and the Administrative Responsibility Investigation System of the Ministry of Construction, in accordance with the implementation rules formulated by the provincial construction administrative department. Execute the administrative examination and approval of enterprise qualifications, practice qualifications, etc., and implement the administrative responsibility investigation system.

2. To regulate the order of the construction market, it is necessary to improve the construction market supervision institutions, enrich the supervision power, and increase law enforcement. We must do a good job in the construction of the construction market supervision and law enforcement team, improve the quality of the team and the level of law enforcement. The supervision and enforcement of the construction market must not only supervise the project bidding activities according to law, but also make full use of the existing market management, quality supervision, safety supervision and other institutions to increase the supervision and management of the whole process of the implementation of the project after winning the bid. To ensure that law enforcement must be strict and illegal.

It is necessary to strengthen the business training and clean government education for the construction market supervision and law enforcement personnel, improve the rules and regulations, strictly enforce the law enforcement procedures, and strictly enforce the law enforcement discipline. The law enforcement team must be resolutely eliminated for law enforcement or malpractice.

3. Standardize the order of the construction market and combine it with punishing corruption, and increase the intensity of investigating and handling major cases. For corruption cases in the construction market, especially in the case of major quality and safety accidents, no matter what unit or person is involved, it is necessary to eliminate the resistance interference, cooperate with the inspection and other departments to check the situation, and punish according to law, and will not tolerate it. In particular, it is necessary to seriously investigate the responsibility of the staff of state organs for dereliction of duty and dereliction of duty, and severely investigate and punish the corrupt elements who condone the illegal activities of the construction market.