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Regulations of Shanghai Municipality on Quality and Safety Management of Construction Projects
Chapter I General Provisions Article 1 In order to strengthen the quality and safety management of construction projects in this Municipality and ensure the safety of people's lives and property, these Regulations are formulated in accordance with the People's Republic of China (PRC) Construction Law, the Regulations on Quality Management of Construction Projects, the Regulations on Safety Production Management of Construction Projects and other relevant laws and administrative regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the new construction, expansion and reconstruction of construction projects within the administrative area of this Municipality, the demolition and repair of existing buildings and structures, and related supervision and management activities. Article 3 The municipal construction administrative department is the comprehensive supervision and management department of the quality and safety of construction projects in this Municipality, and is responsible for the supervision and management of the quality and safety of construction projects in related disciplines, and specifically performs the following duties:

(a) to organize the preparation of technical standards for construction projects related to the quality and safety of construction projects;

(two) the establishment of a unified construction project supervision and management information system;

(three) to guide and coordinate the supervision and management of the quality and safety of professional construction projects in this Municipality;

(four) to supervise and manage the quality and safety of housing construction projects, municipal infrastructure projects and highway projects. The municipal administrative departments of ports, water, ocean, greening, civil defense and housing (hereinafter referred to as other relevant departments) shall be responsible for the supervision and management of the quality and safety of related professional construction projects in accordance with the division of responsibilities stipulated by laws, regulations and the Municipal People's Government.

District and county construction administrative departments and other relevant departments shall be responsible for the supervision and management of the quality and safety of construction projects within their respective administrative areas in accordance with the division of responsibilities.

The administrative departments of development and reform, production safety supervision, finance, public security and fire control, quality and technical supervision, planning, and economic informatization of this Municipality shall, within their respective functions and duties, cooperate in the implementation of these Regulations. Article 4 Construction procedures shall be strictly implemented when engaging in construction activities.

The relevant administrative departments of this Municipality shall examine and approve construction projects in accordance with the statutory authority and procedures.

No unit or individual may arbitrarily request to shorten the reasonable construction period of a construction project. Fifth construction, survey, design, construction, supervision, testing and other units related to the quality and safety of construction projects, should establish and improve the quality and safety management system, the implementation of quality and safety management responsibilities. The main person in charge of each unit shall be fully responsible for the quality and safety of the construction project of this unit according to law.

Survey, design, construction, supervision, testing and other units shall obtain corresponding qualification certificates according to law and undertake business within the scope of qualification.

Survey, design, construction and other units shall not subcontract or illegally subcontract the business undertaken.

Supervision, testing and other units shall not transfer the business undertaken. Article 6 Architects, survey and design engineers, cost engineers, construction engineers, supervision engineers and other professional and technical personnel shall obtain corresponding professional qualifications in accordance with the law, practice within the scope of their qualifications, and bear corresponding responsibilities for the quality and safety of construction projects in which they participate in legal practice.

A registered medical practitioner shall not practice in two or more units at the same time, and shall not allow others to practice in their own names.

Other professional and technical personnel and management personnel engaged in construction activities shall obtain corresponding post certificates in accordance with the provisions of the state and this Municipality. Article 7 Construction trade associations are self-regulatory organizations of all participating units of construction projects, which formulate self-regulatory norms according to law, conduct industry training and safeguard the legitimate rights and interests of their members. For members who violate the industry self-discipline norms, the industry association may take corresponding disciplinary industry self-discipline measures in accordance with the provisions of the articles of association of the industry association. Article 8 The construction administrative department or other relevant departments shall announce the basic information of the construction project, main contractors, construction permits, completion acceptance and other information to the public through the construction project supervision and management information system.

Any unit or individual who violates the quality and safety management of construction projects has the right to report to the construction administrative department or other relevant departments. The department that receives the report shall promptly investigate and deal with it. Chapter II Responsibilities and Obligations of the Construction Unit Article 9 The construction unit shall bear an important responsibility for the quality and safety of the construction project, be responsible for the coordination and management of the quality and safety work at all stages of the construction project, and urge all the participating units of the construction project to implement the quality and safety management responsibilities in accordance with the contract.

This Municipality encourages the construction unit to entrust the project management unit with the professional management and service of the whole process of the construction project. Tenth construction units should evaluate the quality and safety risks of construction projects in the feasibility study stage, and make clear the cost of risk control. The quality and safety risks of construction projects include the risks of the construction project itself in the process of construction and use, and the safety impact on adjacent buildings, structures and other pipelines and facilities. Specific measures for risk assessment shall be formulated separately by the Municipal People's Government.

The construction unit shall provide the contents of risk assessment to the survey, design, construction and supervision units, and require the relevant units to clarify the corresponding risk prevention and control measures in the process of compiling survey documents, design plans, preliminary design documents, construction drawing design documents and construction organization design documents. Article 11 The construction unit shall guarantee the construction funds matching the construction needs, and pay the fees according to the price and time agreed in the contract, and shall not arbitrarily lower the fees for survey, design, construction, supervision, testing and monitoring.

The construction unit shall, in accordance with the provisions, separately collect fees for safety protection measures, supervision fees, inspection fees and other fees in the special account for construction projects.