J.F.G.[2019]No.3

Notice of Ministry of Housing and Urban-Rural Development on Amending Relevant Documents

    Department of Housing and Urban-Rural Development of all provinces and autonomous regions, Housing and Urban-Rural Construction (Management) Committees and relevant departments of municipalities directly under the central government, Housing and Urban-Rural Construction Bureau of municipalities with independent planning status, Housing and Urban-Rural Development Bureau of Xinjiang Production and Construction Corps:

In order to deepen the review and approval system reform for construction projects, it is decided to amend some documents and hereby notified as follows:

I. Amend Measures on Schematic Design Bidding & Tendering Management of Construction Projects (JS No.〔2008〕63).

Delete the “Employer and bidding agency shall submit the Bidding Announcement or Notice of Invitation for Bids and bidding document with official seal to the local competent department of construction for the record” in Article 18.

II. Amend Opinions of the Ministry of Housing and Urban-Rural Development on Further Strengthening the Supervision of the Construction Market (JS No.〔2011〕86).

Delete “(VIII) Implement a contract filing system. The contracting parties shall submit the contract to the local department of construction for the record in accordance with relevant regulations. In the event of significant changes in the project scale, use function, structural form, and foundation treatment of the project, the contracting parties shall sign the alteration agreement in time and submit it to the original filing authority for the record. Settlement of contract disputes shall be based on the recorded contract.”

III. Amend Notice of MOHURD on Issuance of Regulations on Construction Safety Supervision of Housing Building and Municipal Infrastructure Project (JZ No.〔2014〕153).

　　 (i) Article 7“The competent department of housing and urban-rural development of the local people's government at or above the county level or its construction safety supervision agency (hereinafter collectively referred to as the supervisory agency) shall implement construction safety supervision for the project with construction safety supervision procedure being implemented and obtaining construction permit within the administrative region.” is revised as “The competent department of housing and urban-rural development of the local people's government at or above the county level or its construction safety supervision agency (hereinafter collectively referred to as the supervisory agency) shall implement construction safety supervision for the project obtaining construction permit within the administrative region.”

    (ii) Article 9 “(I) Accepting the application of construction contractor and going through engineering project safety supervision procedures” is revised as “(I) Construction contractor applies for construction permit.”

IV. Amend Working Regulations on Construction Safety Supervision of Housing Building and Municipal Infrastructure Project (JZ No.〔2014〕154).

　　 (i) Article 4 “Before the construction of the project, the construction contractor shall apply for the construction safety supervision procedures and submit the following materials: (1) the project profile; (2) a list of the main management personnel such as construction, survey, design, construction, supervision and others; (3) List of high-risk sub-works; (4) the safety protection and civilized construction measures fee payment plan agreed in the construction contract; (5) safety production commitment made by the legal representative of the construction and supervision organization and the project leader; (6) Other information on specific measures for ensuring safe construction as prescribed by the provincial-level housing and urban construction authorities. After receiving the information submitted by the construction contractor, the supervisory agency shall conduct inspections and make site survey if necessary. If the requirements are met, the Construction Safety Supervision Notification shall be issued to the construction contractor within 5 working days.” is revised as “Before the construction of the project, the construction contractor shall apply for a construction permit. The competent department of housing and urban-rural development may entrust the supervision organization to inspect the safety construction measures information (including the basic information of project and construction contractors) submitted by the construction contractor, and may conduct site survey if necessary. Construction permit shall not be issued to the project not meeting construction conditions.”

     (ii) “The engineering project with construction safety supervision procedure being implemented and obtaining construction permit” in Article 6 is revised as “the engineering project obtaining construction permit.”

This Notice shall be implemented as of the date of issuance.

Ministry of Housing and Urban-Rural Development of PRC

                            March 18, 2019

　　 (Active Disclosure)