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

ons over the building materials, building structural pieces and parts and equipment in accordance with the requirements of the project design, construction technical standards and agreement in the contract and shall not use those that fail to pass the inspection.

　　Article 60 A building must ensure the quality of its ground foundation project and the main part of the structure within its life expectancy of rational use.

　　No such quality flaws as leakage, seepage and cracks in roofs and on wall surfaces shall remain upon completion of a construction project; the building construction enterprise shall repair the quality flaws discovered.

　　Article 61 A construction project handed over for completion acceptance checks must conform to the prescribed construction project quality standards, have complete project technical and economic information and signed project warranty, and have qualified other conditions for completion prescribed by the state.

　　A construction project may only be handed over for use upon passing the acceptance checks; no construction project shall be handed over for use without going through the acceptance checks or passing the acceptance checks.

　　Article 62 Construction projects practise the quality warranty system.

　　The scope of warranty of a construction project shall include the ground foundation project, main part structural project, roof waterproof project and other civil engineering projects as well as installation projects of electrical wiring and water piping and drainage and projects of the heating and cooling systems; the duration of warranty shall be determined in accordance with the principle of ensuring the normal use of the building within its rational life expectancy and safeguarding the legitimate rights and interests of the user. Specific warranty scope and minimum warranty duration shall be laid down by the State Council.

　　Article 63 Any unit or individual has the right to report to, file a charge or lodge a complaint with the competent department of construction administration or other departments concerned about quality accidents and quality flaws of construction projects.

　　Chapter VII Legal Liability.

　　Article 64 For construction on one's own without obtaining a building permit or without obtaining approval of the report for the start of construction in violation of the provisions of this Law, an order shall be issued for making

corrections; that which does not conform to the conditions for the start of construction shall be ordered to stop construction and maybe imposed a fine.

　　Article 65 In the case of the contract issuing unit issuing contracts of a construction project to contracting units without corresponding human quality qualifications or issuing contracts of a construction project after dismemberment in violation of the provisions of this Law, the violator shall be ordered to make a rectification and imposed a fine.

　　For contracting a project beyond the human quality grade of the unit, the violator shall be ordered to stop the illegal act and imposed a fine, it may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, its human quality certificate shall be revoked; where there are illegal gains, they shall be confiscated.

　　Contracting a project without obtaining the human quality certificate shall be banned and imposed a fine; where there are illegal gains, they shall be confiscated.

　　For obtainment of the human quality certificate by fraud, the human quality certificate shall be revoked and a fine imposed; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 66 Any building construction enterprise that transfers or lends its human quality certificate or permits others to contract a project in the name of the enterprise in other forms shall be ordered to make a rectification, its illegal gains shall be confiscated and a fine imposed, and may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked. For losses caused by non-compliance with the prescribed quality standards to the said contracted project, the building construction enterprise and the unit or individual using the name of the enterprise shall share joint responsibility for compensation.

　　Article 67 Any contracting unit that subcontracts its contracted project or subcontracts it in violation of the provisions of this Law shall be ordered to make a rectification, its illegal gains shall be confiscated, and a fine imposed, may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked.

　　Any contracting unit having committed the illegal act of the preceding paragraph shall share joint responsibility for compensation with the unit accepting subcontract or the subcontracting unit for losses caused by non-compliance with the prescribed quality standards to the subcontracted project or the illegally subcontracted project.

　　Article 68 Whoever seeks bribes, accepts bribes or gives bribes in issuing contract of a project or contracting a project shall, if a crime has been constituted, be investigated of criminal liability; where a crime has not been constituted, fines shall be imposed separately, property of bribes confiscated, and sanctions imposed on the person-in-charge held directly responsible and other persons directly responsible.

　　In addition to the penalties prescribed in the preceding paragraph, any contracting unit that gives bribes in the contracting of a project may be ordered to suspend operations for consolidation, lower its human quality grade or its human quality certificate shall be revoked.

　　Article 69 Any project supervision and control unit that acts in collusion with the construction unit or building construction enterprise, practising fraud and lowering project quality shall be ordered to make a rectification, imposed a fine and its human quality grade shall be lowered or the human quality certificate revoked; where there are illegal gains, they shall be confiscated; where losses have been caused, joint responsibility for compensation shall be

borne; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Any project supervision and control unit that transfers its supervision and control business shall be ordered to make a rectification, confiscated of its illegal gains, may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked.

　　Article 70 Any construction of a restoration and rehabilitation project without authorization involving the main part of a building or changes in the weight-bearing structure in violation of the provisions of this Law shall be ordered to make a rectification and imposed a fine; where losses have been caused, liability for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 71 Any building construction enterprise that fails to take measures to eliminate the hidden causes of safety accidents in construction in violation of the provisions of this Law shall be ordered to make a rectification and may be imposed a fine; where the circumstances are serious, it shall be ordered to suspend operations for consolidation and lower its human quality grade or its human quality certificate shall be revoked; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Managerial staff of a building construction enterprise giving command in contravention of regulations and forcibly ordering workers and staff members to engage in operations in the face of dangers thereby leading to an accident of heavy casualties or causing other serious consequences shall be investigated of the criminal liability according to law.

　　Article 72 Any construction unit that asks the building design unit or building construction enterprise to lower project quality in contravention of construction project quality and safety standards in violation of the provisions of this Law shall be ordered to make a rectification and may be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 73 Any building design unit that fails to design in accordance with construction project quality and safety standards shall be ordered to make a rectification and imposed a fine; the unit that has caused an accident in project quality shall be ordered to suspend operations for consolidation, lower its human quality grade or its human quality certificate shall be revoked, the illegal gains confiscated and a fine imposed; where losses have been caused, liability for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 74 Any building construction enterprise that does shoddy work and uses inferior materials in construction, uses substandard building materials, building structural pieces and parts and equipment, or has any other acts of construction not in accordance with the project design drawings or construction technical standards shall be ordered to make a rectification and imposed a fine; where the circumstances are serious, it shall be ordered to suspend operations for consolidation and lower its human quality grade or its human quality cert

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