中华人民共和国建筑法 CONSTRUCTION LAW OF THE PEOPLES REPUBLIC OF CHINA

vitation to open tender, the agreement on its cost shall abide by the provisions of laws on invitation to tender and bidding.

　　The contract issuing unit shall, pursuant to the agreement in the contract, make allocations for the project in time.

　　Section 2 Contract Issuance

　　Article 19 Construction projects shall practise contract issuance by invitation to tender in accordance with law; those construction projects not suitable for contract issuance by invitation to tender may adopt direct contract issuance.

　　Article 20 For a construction project for invitation to open tender, the contract issuing unit shall, pursuant to the legal procedures and mode, publish a tender notice providing tender documents carrying such contents as major technical requirements of the project open to tender, main articles of the contract, standards and methods of bid evaluation as well as procedures of bid opening, bid evaluation and bid finalization.

　　Bid opening shall be held in public at the time and place prescribed in the tender document. Evaluation and comparison of bid proposals shall be carried out pursuant to the standards and procedures for bid evaluation prescribed in the tender document after the bids are opened, and selection of the winning bidder made from among bidders with corresponding human quality qualifications on merit.

　　Article 21 Bid opening, bid evaluation and bid selection of the construction project open to tender shall be organized and carried out by the construction unit according to law and subject to the supervision of the competent administrative departments concerned.

　　Article 22 For a construction project following contract issuance through tender, the contract issuing unit shall award the contract of the construction project to the contracting unit winning the bid in accordance with law. For a construction project following direct contract issuance, the contract issuing unit shall award the contract of the construction project to the contracting unit with corresponding human quality qualifications.

　　Article 23 The Government and its subordinate departments shall

not abuse their administrative powers in restricting contract issuing units in awarding contracts of construction projects following contract issuance through tenders to designated contracting units.

　　Article 24 General contracting of construction projects shall be encouraged and dismemberment of contract issuance of construction projects shall be prohibited.

　　The contract issuing unit of a construction project may award in total the contract of surveying, design, construction and equipment procurement of the construction project to a general contracting unit of the project. It may also award one item or several items of surveying, design, construction and equipment procurement of the construction project to a general contracting unit of the project; however, it shall not dismember a construction project which should be completed by one single contracting unit into several parts for awarding contracts to several contracting units.

　　Article 25 For building materials, building structural pieces and parts and equipment to be procured by the contracting unit of the project pursuant to the agreement in the contract, the contract issuing unit shall not designate the contracting unit in the procurement of building materials, building structural pieces and parts and equipment for the project, nor shall it designate the manufacturers and suppliers of the same.

　　Section 3 Contracting

　　Article 26 The contracting units of construction projects shall contract projects with human quality certificates obtained in accordance with law and within the business scope permitted by their human quality grades.

　　Building construction enterprises shall be prohibited to contract projects beyond the business scope permitted by their respective human quality grades or in the name of other building construction enterprises in any form. Building construction enterprises shall be prohibited to permit in any form other units or individuals in the use of their human quality certificates, business licences to contract projects in the name of their respective enterprises.

　　Article 27 Large construction projects or construction projects with complex structures may be jointly contracted by more than two contracting units. Parties to the joint contract shall bear joint responsibilities in the implementation of the contract.

　　In the case of a joint contract by more than two units with different human quality grades, the project shall be contracted in accordance with the business scope granted to the unit with lower human quality grade.

　　Article 28 Subcontracting to others of the entire construction project contracted by the contracting unit shall be prohibited. Subcontracting to others in the name of subcontracting after dismemberment of the entire construction project contracted by the contracting unit shall be prohibited.

　　Article 29 The general contracting unit of a construction project may award contracts of parts of the contracted project to subcontracting units with corresponding human quality qualifications; however, except for the subcontracting agreed upon in the general contracting contract, acknowledgement of the construction unit shall be obtained. In the case of general contracting of construction, construction of the main structure of the construction project must be completed by the general contracting unit itself.

　　The general contracting unit of a construction project shall, pursuant to the agreement in the general contracting contract, be responsible to the construction unit; subcontracting units shall, pursuant to the agreement in the subcontracts, be responsible to the general contractor. The general contracting unit and subcontracting units shall bear joint responsibility to the construction unit in respect of the subcontracted projects.

　　The general contracting unit is prohibited to subcontract the project to units with no corresponding

human quality qualifications. The subcontracting unit shall be prohibited to re-subcontract the project it has contracted.

　　Chapter IV Construction Project Supervision and Control

　　Article 30 The State practises the construction project supervision and control system.

　　The State Council may determine the scope of mandatory supervision and control of construction projects.

　　Article 31 The construction unit of a construction project under supervision and control shall entrust the supervision and control with an engineering supervision and control unit with corresponding human quality qualifications. The construction unit and its entrusted engineering supervision and control unit shall conclude a contract for entrustment of supervision and control in writing.

　　Article 32 The construction project supervisor-controller shall, pursuant to the laws, administrative regulations as well as relevant technical standards, design documents and the construction project contractual contract, exercise supervision over the contracting unit in construction quality, construction schedule and use of construction funds on behalf of the construction unit.

　　Engineering supervisors have the power to ask the building construction enterprise to make corrections when they hold that construction of the project does not conform to engineering design requirements, construction technical standards and agreement in the contract.

　　Engineering supervisors shall, upon discovery of engineering design not in conformity with construction project quality standards or quality requirements agreed in the contract, report to the construction unit to ask the design unit to make corrections.

　　Article 33 The construction unit shall, prior to the exercise of supervision and control over the construction project, notify the building construction enterprise to be put under supervision and control in writing of the entrusted engineering supervision and control unit, the contents of supervision and control and terms of reference in supervision and control.

　　Article 34 An engineering supervision and control unit shall undertake engineering supervision and control business within the scope of supervision and control permitted for its human quality grade.

　　The engineering supervision and control unit shall, in accordance with the entrustment of the construction unit, conduct the missions of supervision and control objectively and fairly.

　　The engineering supervision and control unit and the contracting unit of the project under supervision and control as well as supply units of building materials, building structural pieces and parts and equipment shall not have subordinate relationship or other relations of interest.

　　The engineering supervision and control unit shall not transfer its engineering supervision and control business.

　　Article 35 An engineering supervision and control unit shall bear corresponding liability of compensation in the case of failure to fulfil the obligations of supervision and control agreed in the contract of entrustment of supervision and control, not carrying out inspection or carrying out inspection not in accordance with the provisions over items which should have been put under supervision and inspection, thus causing losses to the construction unit.

　　An engineering supervision and control unit shall bear joint liability of compensation with the contracting unit for collusion in gaining illegal interests for the contracting unit thus causing losses to the construction unit.

　　Chapter V Construction Production Safe

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