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

ificate shall be revoked; the unit that has caused non-compliance with the prescribed quality standards of the quality of a construction project shall be responsible for its reconstruction and repair and the compensation of the losses caused therefrom; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 75 Any building construction enterprise that fails to fulfil its obligations of warranty or delays to fulfil its obligations of warranty in violation of the provisions of this Law shall be ordered to make a rectification, may be impos

ed a fine, and shall bear the liability of compensation for the losses caused by such quality flaws as leakage and seepage in roofs and on wall surfaces during the warranty period.

　　Article 76 The administrative penalties of ordering suspension of operations for consolidation, lowering the human quality grade and revoking the human quality certificate prescribed in this Law shall be decided upon by the human quality certificate issuing organ; other administrative penalties shall be decided upon by the competent department of construction administration or the departments concerned in accordance with laws and the terms of reference prescribed by the State Council.

　　For any unit whose human quality certificate is revoked pursuant to the provisions of this Law, its business licence shall be revoked by the department of industry and commerce administration.

　　Article 77 Any organ that issues a human quality certificate of a said grade to a unit which does not have the corresponding human quality qualifications in violation of the provisions of this Law shall be ordered by the organ at its next higher level to withdraw the human quality certificate issued and administrative sanctions shall be imposed on the person-in-charge held directly responsible and other persons directly responsible; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 78 Any functionary of the government and its subordinate departments who, in violation of the provisions of this Law, restricts the contract issuing unit in issuing the contract of a project open to invitation to tender for contracting to the designated contracting unit shall be ordered by the organ at the next higher level to make a rectification; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 79 Any department and its functionaries responsible for the issuance of construction project building permits which issue a building permit to a construction project that fails to meet the requirements for construction, any department and its functionaries responsible for project quality supervision and inspection or acceptance checks on completion of construction that issue a quality qualification document to or complete the acceptance checks as a qualified project of a substandard construction project shall be ordered by the organ at the next higher level to make a rectification, and administrative sanctions shall be imposed on persons held responsible; where a crime has been constituted, criminal liability shall be investigated according to law; where losses have been caused, the said department shall bear corresponding liability of compensation.

　　Article 80 Any party that suffers from damage due to substandard quality of a construction project within the life expectancy of rational use of the construction project has the right to claim compensation from the person held responsible.

　　Chapter VIII Supplementary Provisions

　　Article 81 The provisions of this Law relating to the building permit, building construction enterprise human quality examination and construction project contract issuance and contracting and prohibition of subcontracting as well as construction project supervision and control and construction project safety and quality control apply to building operations of other specialized construction projects. The specific measures shall be formulated by the State Council.

　　Article 82 The departments of construction administration and other departments concerned shall not collect fees other than those to be collected pursuant to the relevant provisions of the State Council in the exercise of supervision and control over building operations.

　　Article 83 Reference shall be made to this Law in governing building operations of small housing construction projects determined by people's governments of provi

nces, autonomous regions and municipalities directly under the Central Government.

　　Rehabilitation and restoration of memorial buildings and ancient architecture legally verified as protection sites of cultural relics shall be carried out pursuant to the relevant laws on cultural relics protection.

　　This Law shall not apply to building operations of rescue and disaster relief and other temporary housing construction and peasants' self-constructed low-storey residences.

　　Article 84 Specific control measures for building operations of military housing construction projects shall be formulated by the State Council and the Central Military Commission pursuant to this Law.

　　Article 85 This Law shall enter into force as of March 1, 1998

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