State Council (2017) No. 19
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all directly affiliated institutions:
The construction industry is a pillar industry of the national economy. Since the reform and opening up, my country's construction industry has developed rapidly, construction capabilities have been continuously enhanced, and the scale of the industry has continued to expand. It has absorbed a large number of migrant labor from rural areas, driven a large number of related industries, and made important contributions to economic and social development, urban and rural construction, and improvement of people's livelihood. However, it should also be noted that the construction industry is still large but not strong, the regulatory system and mechanism are not sound, the organization of engineering construction is backward, the level of construction design needs to be improved, quality and safety accidents occur from time to time, there are many violations of laws and regulations in the market, and the core competitiveness of enterprises Problems such as weak and low-quality workers are more prominent. In order to implement the "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Further Strengthening the Management of Urban Planning and Construction", to further deepen the reform of "delegating management and service" in the construction industry, accelerate industrial upgrading, promote the sustainable and healthy development of the construction industry, and provide support for new urbanization. The State Council agrees and now offers the following opinions:
1. General requirements
Fully implement the spirit of the Eighteenth National Congress of the Communist Party of China and the Second, Third, Fourth, Fifth and Sixth Plenary Sessions of the Eighteenth Central Committee, the Central Economic Work Conference, the Central Urbanization Work Conference, and the Central City Work Conference, and thoroughly implement the series of General Secretary Xi Jinping The spirit of the important speech and the new concepts, new ideas and strategies of state governance, conscientiously implement the decisions and deployments of the Party Central Committee and the State Council, coordinate the promotion of the “five in one” overall layout and coordinate the promotion of the “four comprehensive” strategic layout, firmly establish and implement innovation, The development concept of coordination, greenness, openness and sharing, adhere to the main line of advancing supply-side structural reforms, deepen the reform of "decentralization, regulation and service" in the construction industry in accordance with the requirements of applicability, economy, safety, greenness, and beauty, and improve the regulatory system and mechanism. Optimize the market environment, improve the quality and safety of projects, strengthen team building, enhance the core competitiveness of enterprises, promote the sustainable and healthy development of the construction industry, and build the "China Construction" brand.
2. Deepen the reform of simplifying administration and delegating power in the construction industry
(1) Optimize qualification management. Further simplify the qualification category and level setting of engineering construction enterprises, and reduce unnecessary qualification certification. Select certain regions to carry out the pilot program. For companies with good credit, relevant professional and technical capabilities, and able to provide full guarantees, relax the scope of contracting business restrictions within their qualification categories, and at the same time, accelerate the improvement of the credit system, engineering guarantees and personal qualifications. Supporting systems to strengthen supervision during and after the event. Strengthen the management of individual practicing qualifications, clarify the rights, obligations and responsibilities of registered practitioners, and intensify the accountability of practicing responsibilities. Develop individual practice firms in an orderly manner and promote the establishment of a personal practice insurance system. Vigorously promote "Internet + government services", implement "one-stop" online approval, and further improve the efficiency of administrative approval in the construction field.
(2) Improve the bidding system. Speed up the revision of the "Regulations on the Scope and Scale Standards for Bidding of Engineering Construction Projects", narrow and strictly define the scope of construction projects that must be tendered, relax the relevant scale standards, and prevent the implementation of "one size fits all" bidding for construction projects. In privately invested housing construction projects, it is explored that the construction unit independently determines the way of contracting. Include engineering construction projects that must be tendered in accordance with the law into a unified public resource trading platform, follow the principles of fairness, justice, openness and integrity, and standardize tendering and bidding behavior. Further simplify the tendering and bidding procedures, realize the electronicization of the entire process of tendering and bidding transactions as soon as possible, and implement online bid evaluation in different places. For government procurement construction projects whose suppliers are determined through competitive negotiations or a single source in accordance with the law, construction permits shall be issued if the corresponding conditions are met.
3. Improve the organization model of project construction
(3) Speed up the implementation of general project contracting. In principle, the prefabricated building should adopt the general contracting mode of the project. Government-invested projects should improve the construction management model and take the lead in implementing general project contracting. Speed up the improvement of the system and regulations related to general contracting of projects, such as bidding, construction permits, and completion acceptance. In accordance with the principle of general contracting for general responsibility, the general contractor shall implement the responsibilities of project quality and safety, schedule control, and cost management. Except for projects that are included in the scope of general project contracting in the form of temporary valuation and must be tendered according to law, general project contractors may directly issue other professional businesses covered in general contracting contracts.
(4) Foster whole-process engineering consulting. Encourage investment consulting, surveying, design, supervision, bidding agency, and costing companies to adopt joint operations, mergers and acquisitions and reorganizations to develop whole-process engineering consulting, and cultivate a group of international-level whole-process engineering consulting companies. Develop technical standards and contract templates for the whole process of engineering consulting services. Government-invested projects should take the lead in implementing whole-process engineering consulting services, and encourage non-government-invested projects to entrust whole-process engineering consulting services. In civil construction projects, give full play to the leading role of architects and encourage the provision of engineering consulting services throughout the process.
4. Strengthen engineering quality and safety management
(5) Strictly implement project quality responsibilities. Fully implement the project quality responsibilities of all parties, especially the primary responsibility of the construction unit and the main responsibility of the survey, design, and construction units. Strictly implement the lifetime responsibility system for project quality, set up permanent signs on obvious parts of the building, and publicize the subject of quality responsibility and the main responsible person. For those who violate relevant regulations and cause engineering quality accidents, the responsible unit shall be given administrative penalties such as suspension of business for rectification, lowering of qualification levels, and cancellation of qualification certificates according to law, and shall be publicized through the national enterprise credit information publicity system, and registered practitioners shall be suspended from practicing, and their qualification certificates shall be revoked. No entry into the industry for a certain period of time until life. For losses caused by engineering quality accidents, the economic compensation responsibility shall be investigated according to law, and the relevant units and personnel shall be investigated for legal responsibility if the circumstances are serious. Construction enterprises involved in real estate development should operate in compliance with laws and regulations to improve the quality of housing.
(6) Strengthen safety production management. Fully implement safety production responsibilities, strengthen safety protection at construction sites, and in particular strengthen the management of dangerous sub-projects such as deep foundation pits, high formwork, and cranes, as well as the risks of major engineering projects in poor geological areas Evaluation or demonstration. Promote the in-depth integration of information technology and safety production, accelerate the construction of a construction safety supervision information system, and strengthen safety production management through information technology. Establish and complete a comprehensive, multi-level, and regular safety production training system to improve the safety quality of employees and the intrinsic safety level of all parties.
(7) Comprehensively improve the level of supervision. Improve the engineering quality and safety laws, regulations and management systems, and improve the engineering quality and safety assurance system that is responsible for enterprises, government supervision, and social supervision. Strengthen the government's supervision of project quality, clarify the scope of supervision, implement supervision responsibilities, increase the intensity of random inspections, and focus on strengthening the supervision and inspection of the foundation, main structure and other parts of the project that involve public safety and the completion and acceptance of the project. Strengthen the construction of the project quality supervision team, and the funds required by the supervision agency to perform its functions are fully guaranteed by the fiscal budget at the same level. The government can purchase services and entrust qualified social forces to supervise and inspect the project quality. Promote the standardized management of project quality and safety, and urge all parties to improve the quality and safety control mechanism. Strengthen the supervision of project supervision, and select some areas to carry out pilot projects for supervision units to report quality supervision to the government. Strengthen the management of engineering quality inspection agencies, and severely crack down on the issuance of false reports. Promote the development of engineering quality insurance.
5. Optimize the construction market environment
(8) Establish a unified open market. Break regional market access barriers, and cancel unreasonable access conditions set by various regions and industries for construction enterprises outside of laws, administrative regulations, and the State Council; it is strictly prohibited to establish without authorization or disguised establishment approval and filing matters, and provide construction enterprises with Fair market environment. Improve the national construction market supervision public service platform, and accelerate the realization of data sharing and exchange with the national credit information sharing platform and the national enterprise credit information publicity system. Establish a blacklist system for construction market entities, fully disclose corporate and personal credit records in accordance with laws and regulations, and accept social supervision.
(9) Strengthen the management of contract performance. Guide contracting companies to provide performance guarantees to construction units in the form of bank guarantees or guarantee company guarantees. For government-invested projects that adopt conventional and general technical standards, in principle, the lowest price is implemented, while at the same time the performance guarantee is effectively used to prevent malicious low-price bids and ensure that the project investment does not exceed the budget. Strictly investigate and deal with subcontracting and illegal subcontracting. Improve the engineering quantity list pricing system and the project cost information release mechanism, form a unified project cost pricing rule, and reasonably determine and effectively control the project cost.
(10) Standardize project price settlement. The auditing agency shall strengthen the audit and supervision of public construction projects mainly invested by the government in accordance with the law, and the construction unit shall not use the incomplete audit as a reason for delaying the settlement of the project or defaulting on the payment of the project. For projects that have not been completed and settled, the relevant departments shall not handle property rights registration. Units that have been in arrears with construction funds for a long time shall not approve the start of new projects. Strictly implement the project advance payment system, and make advance payment to the contractor in full and in accordance with the contract in a timely manner. Use economic and legal means such as construction payment guarantees to restrict the contract performance of construction units and prevent defaults in construction payments.
Six, improve the quality of employees
(11) Speed up the training of construction talents. Actively cultivate a team of architects with international vision and national confidence. Speed up the training of senior management personnel in the construction industry who are familiar with international regulations. Vigorously promote school-enterprise cooperation and train professionals in the construction industry. Strengthen the education and training of project site managers and construction workers. Improve the vocational skill standard system for the construction industry, and fully implement the vocational skill appraisal system for skilled workers in the construction industry. Develop a number of construction worker skill appraisal institutions and carry out construction worker skill evaluation work. By formulating basic standards for the provision of skilled workers at construction sites, and publishing labor cost information for various skill levels and types of work, companies are guided to tilt wage allocations to key technical and skill positions. We will vigorously promote the spirit of craftsmanship and cultivate high-quality construction workers. By 2020, the number of construction workers above the intermediate level of the construction industry will reach 3 million, and by 2025 it will reach 10 million.
(12) Reform the construction employment system. Promote the transformation of labor service enterprises in the construction industry, and vigorously develop professional enterprises such as woodworking, electrician, masonry, and steel making. With professional enterprises as the main carrier of construction workers, gradually realize the corporatization and professional management of construction workers. Encourage existing professional enterprises to further specialize and enhance their competitiveness, and promote the formation of a group of professional construction enterprises focusing on operations. Promote the transformation of migrant workers in the construction industry to skilled workers, and focus on stabilizing and expanding the employment and entrepreneurship of migrant workers in the construction industry. Establish a national construction worker management service information platform, carry out real-name management of construction workers, record the identity information, training conditions, professional skills, and employment records of construction workers, and gradually achieve full coverage.
(13) Protect the legitimate rights and interests of workers. Fully implement the labor contract system, increase supervision, and urge construction units to sign labor contracts with recruited construction workers in accordance with the law, and basically achieve full coverage of labor contracts by 2020. Complete the wage payment security system, follow the principle of who hires the worker and the general contractor is responsible for the general responsibility, implement the corporate wage payment responsibilities, and pay workers’ wages in full monthly in accordance with the law. Blacklisted companies with wages in arrears, and imposed disciplinary measures such as restricting market access, and lowered their qualification levels in serious circumstances. Establish and improve social insurance participation and payment methods that are compatible with the construction industry, and vigorously promote construction units to participate in work injury insurance. Construction units should fulfill their social responsibilities, continuously improve the working environment of construction workers, raise the level of occupational health, and promote stable employment of construction workers.
7. Promote the modernization of the construction industry
(14) Promote intelligent and prefabricated buildings. Adhere to standardized design, factory production, assembly construction, integrated decoration, information management, and intelligent applications, promote innovation in construction methods, vigorously develop prefabricated concrete and steel structure buildings, and advocate the development of modern wood structure buildings where conditions permit , Continuously increase the proportion of prefabricated buildings in new buildings. Strive to use about 10 years to make prefabricated buildings account for 30% of the newly built building area. Promote the popularization of intelligent applications in new buildings and the renovation of existing buildings, improve the operation and maintenance mechanism of intelligent systems, and achieve building comfort, safety, energy saving and high efficiency.
(15) Improve the level of architectural design. Architectural design should reflect the regional characteristics, national characteristics and contemporary style, highlight the building use function and energy saving, water saving, land saving, material saving and environmental protection requirements, and provide functionally suitable, economical, safe and reliable buildings with advanced technology and coordinated environment Design products. Improve the bidding system adapted to the characteristics of architectural design, and implement methods such as design team bidding and design proposal bidding. Promote fair competition among domestic and foreign architectural design enterprises and cultivate an internationally competitive architectural design team. Advocate the development of architectural reviews, and promote the integration and sublimation of architectural design concepts.
(16) Strengthen technology research, development and application. Accelerate the research and development, manufacture, and application of advanced construction equipment and smart equipment, improve the performance and efficiency of various construction machines and tools, and increase the degree of mechanized construction. Restrict and eliminate outdated and dangerous technological methods to ensure production and construction safety. Actively support scientific research in the construction industry, and greatly increase the contribution rate of technological innovation to industrial development. Accelerate the integrated application of building information modeling (BIM) technology in the entire process of planning, survey, design, construction, and operation and maintenance, realize the data sharing and information management of the entire life cycle of construction projects, and provide a basis for project optimization and scientific decision-making. Promote the quality and efficiency of the construction industry.
(17) Improve engineering construction standards. Integrate and streamline mandatory standards, appropriately raise the requirements for mandatory indicators such as safety, quality, performance, health, and energy saving, and gradually raise the level of standards. Actively cultivate group standards, encourage industry associations and industry alliances with corresponding capabilities to jointly formulate standards that meet market and innovation needs, establish a standard supply system that combines mandatory standards with group standards, and increase the effective supply of standards. Carry out standard review in a timely manner, accelerate standard revision, and improve the timeliness of standards. Strengthen the information communication between scientific research and development and standard formulation, establish a national expert committee of engineering construction standards, provide technical support for engineering construction standardization, and improve the quality and level of standards.
8. Speed up the "Going Global" of Construction Enterprises
(18) Strengthen the convergence of Chinese and foreign standards. Actively carry out comparative studies on Chinese and foreign standards, adapt to the internationally accepted standard content structure, element indicators and related terms, and narrow the technical gap between Chinese standards and foreign advanced standards. Intensify the translation and promotion of the foreign language version of China's standards, and take the "One Belt One Road" strategy as the guide, and give priority to the promotion and application of foreign investment, technology export and construction assistance projects. Actively participate in international standard certification, exchanges and other activities, and carry out bilateral cooperation in engineering and technical standards. By 2025, all national standards for project construction will be available in foreign languages.
(19) Improve foreign contracting capabilities. Coordinate the construction industry to "go global" and give full play to the comparative advantages of my country's construction companies in high-speed rail, highways, power, ports, airports, long-distance oil and gas pipelines, high-rise buildings, etc., in a targeted, focused, and organized manner Contracting foreign projects and participating in the construction of the "Belt and Road". Construction enterprises should increase their research on international standards, actively adapt to international standards, strengthen management of the quality and performance of foreign contracted projects, and play an active role in foreign aid housing and other livelihood projects. Encourage large enterprises to drive small and medium-sized enterprises and enterprises in coastal and border areas to "go out to sea", actively and orderly explore the international market, and avoid vicious competition
