Cancellation of qualifications, major adjustments to bidding, major changes to qualification certificates… A review of the major policies in the construction industry in 2019!
Time:
2020-01-10
Author:
Source:
Project link
Visits:
43
In the blink of an eye, 2020 has arrived. Looking back at 2019, various important policies in the construction industry have been released successively, which have a long-term and significant impact on the reform and development of the construction industry.
01
"Engineering General Contracting Management Measures"
On December 31, 2019, the Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission jointly issued the "Engineering General Contracting Management Measures for Housing Construction and Municipal Infrastructure Projects", which officially came into effect on March 1, 2020.
● Before the project is contracted, the project approval, verification or filing procedures must be completed, and government investment projects should in principle be contracted after the preliminary design approval is completed;
● Design units are encouraged to apply for construction qualifications. Units that have obtained comprehensive engineering design qualifications, Class A industry qualifications, and Class A building engineering professional qualifications can directly apply for the corresponding category of Class I general construction contracting qualifications; construction units are encouraged to apply for engineering design qualifications. Units with Class I and above general construction contracting qualifications can directly apply for the corresponding category of Class A engineering design qualifications;
● The construction unit and the general contractor unit shall reasonably share the risks, and at the same time clarify the scope of risks borne by the construction unit;
● The general contractor of the project and the project manager of the general contractor shall bear lifelong responsibility for quality in accordance with the law;
● Government investment projects shall not be funded by the general contractor or subcontractor, and in principle, shall not exceed the approved investment estimate.
02
17 Measures by the Ministry of Housing and Urban-Rural Development to Strengthen Supervision of Bidding
On December 24, 2019, the Ministry of Housing and Urban-Rural Development issued the "Guiding Opinions on Further Strengthening the Supervision of Bidding for Housing Construction and Municipal Infrastructure Projects", including 17 measures in five aspects: consolidating the rights and responsibilities of bidders, optimizing evaluation methods, and strengthening bidding supervision.
Key contents include:
1. Implement the primary responsibility of the tenderer. The tenderer shall be responsible for the project tendering activities in accordance with the law, and the tenderer shall independently decide to initiate the tender, independently select the project construction project tendering agency, qualification review method, tenderer representative and evaluation method.
2. Government investment projects encourage centralized construction management methods.
3. Narrow the scope of bidding. Government investment projects are encouraged to adopt whole-process engineering consulting and engineering general contracting methods to reduce the level of bidding.
4. Explore and promote the method of separating evaluation and determination. The evaluation committee provides technical consulting suggestions on the technical, quality, safety, and construction period control capabilities of the bid documents, and recommends qualified winning candidates to the tenderer. The tenderer shall establish and improve the internal control procedures and decision-making constraint mechanism in accordance with the principles of scientific and democratic decision-making, and select the winning bidder based on the quotation and technical consulting suggestions.
5. Comprehensively promote electronic bidding.
6. Promote the formation of a market-based pricing mechanism. Implement structural reforms on the supply side of project cost, encourage local governments to establish project cost databases and publish market-oriented cost index indexes, and promote the formation of contract prices through market competition. Improve the preparation method of the highest bid limit, strengthen the tenderer's responsibility for project cost control, and promote whole-process project cost consulting. Strictly manage contract performance and project changes, strengthen project progress payment and project settlement management, and the tenderer shall not use the uncompleted audit as a reason for delaying project settlement and delaying project payments.
7. Strengthen the supervision of bidding activities. Those who engage in serious bid rigging and other circumstances shall be included in the scope of joint disciplinary action for dishonesty until they are cleared from the market.
8. Speed up the implementation of the project guarantee system. If the tenderer requires the winning bidder to provide a performance guarantee, the tenderer shall also provide the winning bidder with a project payment guarantee. Explore the implementation of high-amount performance guarantees for those who win bids at the lowest price.
…………
03
The national project cost qualification approval will implement the notification commitment system
Recently, the Ministry of Housing and Urban-Rural Development issued the "Letter on Soliciting Opinions on Implementing the Notification Commitment System for Project Cost Consulting Enterprise Qualification Approval". The national project cost qualification approval may implement the notification commitment system:
1. Simplify the approval process. The enterprise makes a commitment to meet the approval conditions according to the qualification standards of the project cost consulting enterprise, and the Ministry of Housing and Urban-Rural Development handles the relevant qualification approval procedures based on the enterprise's commitment, without requiring the enterprise to submit supporting materials, reducing the burden on the enterprise and improving the approval efficiency.
2. Work arrangement: The notification commitment system for project cost consulting enterprise qualification approval will be implemented from May 1, 2020. At the same time, the acceptance of the original project cost consulting enterprise application for Class A qualification approval materials will be stopped.
3. The competent housing and urban-rural development departments of each province and the relevant professional departments of the State Council shall speed up the implementation of the notification commitment system for the approval of Class B qualifications of project cost enterprises.
4. Speed up the connection between the provincial housing and urban-rural development authorities and the project cost consulting enterprise system of our ministry to realize data sharing of national project cost consulting enterprises and provide necessary means for strengthening supervision during and after the event.
04
Pilot program to cancel cost qualification, housing construction/municipal qualification needs to be approved on the spot!
In November 2019, the Ministry of Housing and Urban-Rural Development issued the "Implementation Plan for the Full Coverage Pilot Program of "Separation of Certificates and Licenses" Reform in the Field of Housing and Urban-Rural Development Free Trade Zone":
The plan covers 8 items including "Pilot Program to Cancel the Qualification of Project Cost Consulting Enterprises", "Implementation of Notification Commitment System for the Approval of Some Construction Engineering Enterprise Qualifications", "Implementation of Notification Commitment System for the Issuance of Safety Production Licenses for Construction Enterprises", "Optimization of Approval Services for Real Estate Development Enterprise Qualifications", "Optimization of Approval Services for Some Construction Engineering Enterprise Qualifications", and "Optimization of Approval Services for Construction Engineering Quality Inspection Agency Qualifications".
Cancel the qualification of project cost consulting enterprises
(1) Approval department.
1. Class A qualification of project cost consulting enterprises: Ministry of Housing and Urban-Rural Development;
2. Class B qualification of project cost consulting enterprises: Provincial housing and urban-rural development departments.
(2) Specific reform measures.
1. Enterprises that legally engage in project cost consulting activities within the scope of the free trade zone shall temporarily adjust the application of the "Decision of the State Council on Setting Administrative Licenses for Administrative Approval Items That Need to Be Retained" and the "Measures for the Administration of Project Cost Consulting Enterprises" (Ministry of Construction Order No. 149) regarding the "Qualification Identification of Project Cost Consulting Units". At the same time, within the scope of the cities where the free trade zones are located, no qualification requirements shall be imposed on project cost consulting enterprises in government procurement and project construction project approval.
2. Enterprises whose industrial and commercial registration is located within the scope of the free trade zone and intend to engage in project cost consulting business outside the free trade zone shall apply for and obtain the qualification of project cost consulting enterprise in accordance with the "Measures for the Administration of Project Cost Consulting Enterprises" (Ministry of Construction Order No. 149) and relevant laws and regulations before they can engage in project cost consulting activities outside the free trade zone as required.
3. For enterprises with engineering cost consulting qualification that are registered in the free trade pilot zone, if they need to engage in engineering cost consulting business outside the free trade pilot zone, the extension of qualification upon expiration and the need to apply for qualification upgrade and change, etc., shall be handled in accordance with the "Administrative Measures for Engineering Cost Consulting Enterprises" (Ministry of Construction Order No. 149) and relevant laws and regulations.
05
Amendment to the Tendering and Bidding Law of the People's Republic of China
On December 3, 2019, the National Development and Reform Commission officially released the "Tendering and Bidding Law of the People's Republic of China (Draft Amendment for Public Comment)". The amendments to the "Tendering and Bidding Law" focus on excluding and restricting potential bidders, collusive bidding, winning bids with low quality and low prices, poor quality of bid evaluation, and arbitrary rejection of bids. It aims to effectively transform government functions and reduce intervention in the tendering and bidding activities of market entities, especially private enterprises.
No more ranking of winning candidates
The original Article 40 of the "Tendering and Bidding Law" is revised as:
Article 47 The evaluation committee shall collectively study and independently review and compare the bid documents in accordance with the evaluation criteria and methods determined in the tender documents; if there is a base price, the base price shall be taken as a reference. After the evaluation committee completes the evaluation, it shall submit a written evaluation report to the tenderer and recommend no more than three qualified winning candidates, and explain the evaluation of the advantages and risks of each winning candidate; unless the tender documents clearly require ranking, the recommended winning candidates shall not be marked with ranking.
The tenderer shall, based on the written evaluation report submitted by the evaluation committee and the recommended winning candidates, determine the winning bidder independently within 20 days from the date of receiving the evaluation report, in accordance with the bid determination method stipulated in the tender documents and in combination with the review of the contract performance ability and risks of the winning candidates. The bid determination method shall be scientific, standardized, and transparent. The tenderer may also authorize the evaluation committee to directly determine the winning bidder. If the State Council has special provisions for the evaluation of specific bidding projects, those provisions shall prevail.
06
Construction engineer and other certificates are fully connected with professional titles!
On December 25, the "Opinions on Reforming the System and Mechanism for Promoting the Social Mobility of Labor and Talents" issued by the General Office of the CPC Central Committee and the General Office of the State Council was officially released. The "Opinions" proposed:
●Promote the effective connection between professional qualifications and professional titles, and professional skill level system, promote the mutual comparison between skill levels and management, technical post sequences, and unblock the channels for the identification of professional qualifications, professional titles, and professional skill levels for practitioners in new occupations.
●Encourage employers to establish positions such as chief technician and special-grade technician, and establish a skill-based talent appointment system and points-based promotion system.
●Support employers to break restrictions on academic qualifications, qualifications, etc., and link wage distribution and salary increases with factors such as post value, skill quality, performance contribution, and innovation results.
In February 2019, the official website of the Ministry of Human Resources and Social Security released the "Guiding Opinions on Deepening the Reform of the Professional Title System for Engineering and Technical Talents", marking major changes in the professional title system in the engineering field.
Effective connection between professional titles and professional qualification system:
For professions that implement professional qualification examinations, professional title evaluations at the corresponding level will no longer be conducted.
Where professional qualifications are classified into levels, the primary (Level II), intermediate (Level I), and advanced levels correspond to the primary, intermediate, and advanced professional titles, respectively.
Where levels are not classified, it generally corresponds to the intermediate professional title.
●Unless otherwise stipulated by the state.
With the continuous deepening of the reform of the professional title system, many regions have successively clarified the corresponding relationship between professional technical qualifications and professional titles in various professional fields. As of August 15, 2019, 20 provinces and municipalities in China, including Beijing, Shanxi, Inner Mongolia, Heilongjiang, Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Jiangxi, Henan, Hubei, Guangxi, Hainan, Chongqing, Sichuan, Tibet, Shaanxi, Gansu, and Ningxia, have issued documents clarifying the corresponding relationship between professional qualifications and professional titles.
Among them, Shaanxi, Ningxia, and Gansu provinces clearly stated that professional qualification certificates can be used for both purposes.
07
《Opinions on Supporting the Reform and Development of Private Enterprises》Published
The full text of the "Opinions of the Central Committee of the Communist Party of China and the State Council on Creating a Better Development Environment to Support the Reform and Development of Private Enterprises" was released on December 22, 2019. The "Opinions" clarified that over the past 40 years of reform and opening up, private enterprises have played an irreplaceable role in promoting development, promoting innovation, increasing employment, improving people's livelihoods, and expanding opening up. Among them, the "Opinions" clearly stated:
●Eliminate hidden barriers to tendering and bidding. For enterprises with corresponding qualifications, do not set enterprise size thresholds unrelated to business capabilities and performance thresholds that clearly exceed the requirements of the bidding project. Improve the supervision and information disclosure system for tendering and bidding procedures, and do not hold the person in charge of tendering accountable for the nature of the winning enterprise for legally and compliantly completed bidding.
●Establish a long-term mechanism for clearing and preventing arrears. Governments at all levels and large state-owned enterprises shall perform the agreements and contracts signed with private enterprises and small and medium-sized enterprises in accordance with the law, and shall not extend the payment period in the form of acceptance bills, etc., against the true wishes of private enterprises and small and medium-sized enterprises or beyond the agreed payment method. Accelerate the relevant legislation for timely payment, establish a binding and punitive mechanism for the problem of arrears, and improve the cost of default for government departments and state-owned enterprises through audit supervision and credit system construction, and hold the person in charge of arrears to private enterprises and small and medium-sized enterprises accountable.
08
《Engineering Guarantee System》Introduced
In July 2019, the Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, and other six departments jointly issued the "Accelerating the Implementation of the Engineering Guarantee System for Housing Construction and Municipal Infrastructure Projects" (Jian Shi [2019] No. 68), which clearly stated: Promote the replacement of cash deposits with engineering guarantees. For bid bonds, performance bonds, engineering quality bonds, and migrant worker wage bonds, construction enterprises can pay in the form of a guarantee.
Four highlights:
●The Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Human Resources and Social Security, the People's Bank of China, and the China Banking and Insurance Regulatory Commission jointly issued documents to promote and manage together!
●Support multiple guarantors to carry out business and ensure fair competition!
●The guarantee for the payment of wages to migrant workers is an independent guarantee that is "payable upon demand"!
●Fully disclose enterprise qualifications, personnel qualifications, engineering performance, credit information, and engineering guarantee-related information.
1. Cash deposit: It is strictly forbidden to misappropriate cash deposits for other purposes, and the deposit shall be returned in time upon expiration.
2. The wage payment guarantee for migrant workers shall all adopt an independent guarantee with the nature of payment upon demand, and implement differentiated management.
3. If the tenderer requires the winning bidder to provide a performance guarantee, it shall also provide the winning bidder with a payment guarantee for the project.
4. The tenderee shall be recorded for bad behavior if it fails to return the bid bond and the bank's current deposit interest or bid bond as stipulated upon expiration.
5. The construction unit shall have funding arrangements to meet the needs of construction when applying for a construction permit. The funds required for government investment projects shall be ensured to be implemented in accordance with relevant national regulations, and the construction unit shall not be allowed to advance funds for construction.
6. Increase the efforts of information disclosure. Fully disclose enterprise qualifications, personnel qualifications, project performance, credit information, and project guarantee-related information.
09
The Ministry of Housing and Urban-Rural Development implements the notification commitment system for qualification extension.
In July 2019, the Ministry of Housing and Urban-Rural Development issued the "Notice on Implementing the Notification Commitment System for Qualification Extension Approval of Some Construction Engineering Enterprises":
Since September 1, 2019, the notification commitment system has been implemented for the qualification extension approval of engineering survey, engineering design, construction enterprises, and engineering supervision enterprises under the responsibility of the Ministry of Housing and Urban-Rural Development, and the qualification extension review work will no longer be entrusted to the housing and urban-rural development authorities of each province.
The extension and approval of professional construction engineering enterprise qualifications (see the attachment for the list) for highways, railways, waterways, water conservancy, information industry, civil aviation, aerospace, etc., shall still be handled in accordance with the "Notice of the General Office of the Ministry of Housing and Urban-Rural Development on Unified Electronic Declaration and Approval of Construction Engineering Enterprise Qualifications" (Jianban City Letter [2018] No. 493).
10
Cancel bid registration
In May 2019, the General Office of the State Council issued the "Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the National Development and Reform Commission on Deepening the Integration and Sharing of Public Resource Transaction Platforms" (Guobanfa [2019] No. 41). The notice clearly stated: Streamline management matters and links. Systematically sort out the public resource transaction process, cancel bid registrations, bid document reviews, verification of original documents, and other matters that have no legal basis, as well as pre-approvals or review links that can be resolved by adopting a notification commitment system and in-process and post-event supervision. In 2019, many places issued documents clarifying the cancellation of "bid registration".
11
"The parent company wins the bid, and the subsidiary constructs" is considered subcontracting.
At the beginning of 2019, the official website of the Ministry of Housing and Urban-Rural Development issued the "Administrative Measures for the Identification and Investigation of Illegal Acts of Construction Engineering Construction Contracting and Contracting", which clearly stated: If the contracting unit transfers all the projects it has contracted to other units (including the situation where the parent company undertakes the construction project and then hands over the contracted project to a subsidiary with independent legal personality for construction) or individual construction, it should be identified as subcontracting. These measures have been implemented since January 1, 2019. The new "Measures" have made it clear that "the parent company wins the bid and the subsidiary constructs" is a type of subcontracting!
12
《Judicial Interpretation of Construction Contracts (II)》Released
On January 3, 2019, the Supreme People's Court issued the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Construction Project Construction Contract Dispute Cases (II)" (hereinafter referred to as the "Interpretation"). In response to the new changes in the construction market in recent years, new problems in judicial practice, and new breakthroughs in management policies, the "Interpretation" has made provisions on the validity of construction project construction contracts, settlement of construction project prices, appraisal of construction projects, priority of construction project prices, and protection of the rights of actual builders.
The "Interpretation" shall be implemented from February 1, 2019. The "Interpretation" shall apply to first-instance and second-instance cases that have not been concluded after the implementation of the "Interpretation". This Interpretation does not apply to cases that have been finally adjudicated before the implementation of the "Interpretation" and the parties apply for retrial or decide to retry in accordance with the trial supervision procedure after the implementation of the "Interpretation". If the judicial interpretations previously issued by the Supreme People's Court are inconsistent with this Interpretation, they shall no longer apply.
13
Government projects shall not be funded for construction
The "Government Investment Regulations" officially came into effect on July 1, 2019. 1. Require construction units to advance funds for the construction of government investment projects, or fail to implement or fail to implement approved government investment projects in accordance with the construction period without justified reasons, and give disciplinary sanctions to the responsible leaders and directly responsible personnel in accordance with the law. 2. If a crime is constituted in violation of the provisions of these Regulations, criminal responsibility shall be investigated in accordance with the law. The "Regulations" specifically regulate government investment behavior and are the first administrative regulations in the field of government investment in my country.
14
Vigorously rectify the arrears of project funds
In November 2019, the Office of the Leading Group for Solving Wage Arrears of Migrant Workers of the State Council issued a notice, focusing on the engineering field, to rectify the arrears of government projects and state-owned enterprise projects! Resolutely ensure that the problem of wage arrears is not resolved and the account is not written off.
"Two Clearances"
●Government-invested engineering projects and wage arrears cases of state-owned enterprise projects that occurred before the end of October 2019 will be cleared by the end of 2019;
●Other wage arrears cases will be cleared dynamically before the 2020 Spring Festival.
In response to the issue of project funds, the Ministry of Industry and Information Technology issued the "Administrative Measures for Timely Payment of Small and Medium-sized Enterprise Funds (Draft for Comment)" in September. The measures mentioned that state agencies, institutions, and large enterprises shall not pay project funds for more than 60 days! Overdue payment of 1.5 times the interest!
State agencies, institutions, and large enterprises that purchase goods, projects, and services from small and medium-sized enterprises shall pay within 30 days; if otherwise agreed in the contract, the maximum period shall not exceed 60 days, and interest shall be paid for overdue payments. If there is no agreement, interest shall be paid at 1.5 times the benchmark interest rate for loans of the same type and term of the People's Bank of China.
Auditing shall not be used as a condition for paying small and medium-sized enterprise funds, and audit results shall not be used as the basis for settlement.
If state agencies, institutions, and large enterprises are seriously in arrears, relevant government departments shall restrict their application for new investment projects.
15
Supervision registration and examination are planned to cancel the intermediate title examination conditions…
On December 31, 2019, the Ministry of Human Resources and Social Security issued the "Notice on the 2020 Professional and Technical Personnel Qualification Examination Plan and Related Matters", which clarified the work plan for the 2020 first-level constructor, supervisor engineer, and other professional qualification examinations. Among them, the supervisor engineer is scheduled to take the exam on September 5 and 6, 2020. Compared with the 19-year exam time, it has been postponed by nearly 4 months, which may also be preparing for the reform of the supervisor engineer.
In July 2019, the Ministry of Housing and Urban-Rural Development and other ministries jointly issued the "Provisions on the Professional Qualification System for Supervisor Engineers (Draft for Comment)" and the "Implementation Measures for the Professional Qualification Examination for Supervisor Engineers (Draft for Comment)".
1. The certificates already obtained are still valid:
●The previously obtained qualification certificates for highway and waterway engineering supervisor engineers and water conservancy engineering construction supervisor engineers remain unchanged;
●The practice qualification certificate for supervisor engineers obtained through the national unified examination is equivalent to the professional qualification certificate for supervisor engineers in these regulations.
2. In the future, the supervisor certificates will be merged into one and will be nationally recognized.
●The certificate will be uniformly printed by the Ministry of Human Resources and Social Security, and the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, and the Ministry of Water Resources will affix their seals according to professional categories, and it will be valid nationwide.
●The examination professional subjects are divided into 3 professional categories: civil construction engineering, transportation engineering, and water conservancy engineering.
(The civil engineering specialty is the responsibility of the Ministry of Housing and Urban-Rural Development; the transportation engineering specialty is the responsibility of the Ministry of Transport; the hydraulic engineering specialty is the responsibility of the Ministry of Water Resources.)
3. Application requirements:
Applicants in pilot areas such as Beijing and Shanghai who apply to participate in the qualification examination for supervising engineers shall have a bachelor's degree or above.
Those who meet one of the following conditions may be exempt from the basic subjects in the qualification examination for supervising engineers:
(1) Have obtained the qualification certificate of highway and waterway engineering supervision engineer;
(2) Have obtained the qualification certificate of water conservancy project construction supervision engineer.
Applicants for exemption from some subjects shall provide relevant materials at the time of registration.
Obtaining the professional qualification of supervising engineer can be recognized as having the professional title of engineer, and can be used as a condition for applying for a higher-level professional title.
5. Examination results:
●4 years is a cycle of rolling. (Currently, it is "2 years a cycle of rolling")
●Those who participate in the original qualification examination for supervising engineers and are within the validity period, the validity period of the qualified results will be extended, and managed according to a cycle of 4 years.
6. The examination consists of 4 subjects, including 2 basic subjects and 2 professional subjects. The corresponding relationship is as follows:
7. Practice with a registration certificate and seal.
●The style of the registration certificate, practice seal, and the numbering rules of the registration certificate shall be uniformly formulated by the Ministry of Housing and Urban-Rural Development together with the Ministry of Transport and the Ministry of Water Resources.
●The practice seal shall be made by the supervising engineer in accordance with the unified regulations.
16
Government procurement "shall not collect bid bonds", and various places have issued documents one after another
Henan: Since August 1, 2019, bid bonds will no longer be collected from suppliers in the province's government procurement of goods and services bidding activities. Bid bonds will no longer be collected from suppliers for the procurement of goods, projects and services by non-bidding procurement methods.
Shenzhen: Since August 15, 2019, the Shenzhen Government Procurement Center has stopped collecting bid bonds and performance bonds, and the Municipal Government Procurement Center has also opened bidding rights to all registered suppliers.
Guangzhou: Government procurement projects with newly issued procurement announcements will no longer collect bid bonds.
Hebei: For government procurement of goods and services projects with a one-time budget amount for a single item or batch purchase that is lower than the Hebei Province government procurement public bidding amount standard (2 million yuan), the purchaser and procurement agency will no longer collect bid bonds.
Beijing: The "Notice" clarifies: cancel on-site bid registration and promote electronic bidding.
Guangxi: Before August 30, 2019, cancel the bidding registration link, fully realize the use of electronic bid documents, and realize online download of bidding documents.
Jiangxi: Fully implement the electronization and informatization of bidding and tendering; strictly review the announcement of bidding information and the publicity of winning bid results; cancel the bidding registration link and promote the purchase of bid documents and drawings online anonymously...
Shandong: Since July 1, 2019, government procurement activities in the province shall not collect bid bonds from suppliers with good integrity records.
Zhejiang: Since June 1, 2019, government procurement of goods and services bidding activities in the province shall not collect bid bonds from suppliers, and the same applies to the procurement of goods, projects and services by non-bidding procurement methods.
Hubei: In government procurement activities, purchasers and procurement agencies shall not collect bid bonds.
17
Tackling the Trend of Certificate Hanging
Only after the joint release of the "Notice on Special Rectification of Illegal and Irregular Acts such as 'Certificate Hanging' of Professional and Technical Personnel in the Field of Construction Engineering" by the 7 ministries and commissions of the Ministry of Housing and Urban-Rural Development, in 2019, local inspections on "certificate hanging" and on-site performance of key management personnel such as project managers and technical directors have become more frequent, and penalties have been continuously increased.
18
Comprehensive Real-Name System in the Construction Industry
In February 2019, the Ministry of Housing and Urban-Rural Development and the Ministry of Human Resources and Social Security jointly issued the "Measures for the Real-Name System Management of Construction Workers (Trial Implementation)", which officially came into effect on March 1.
1. Establish a unified national service information platform, where dynamic performance information of project departments is entered in one go. This platform will also be a sharp sword for industry governance.
On-site performance information in the construction industry will be fully covered by the network. This will be another sharp sword for market supervision following the Ministry of Housing and Urban-Rural Development's Four Libraries and One Platform and the national networking of social security payment information!
2. The construction unit shall pay the wages of construction workers to the special wage account opened by the construction enterprise in the bank on time and in full according to the project progress.
3. Fully implement the real-name system management system for migrant workers in the construction industry, and adhere to the principle that construction enterprises and migrant workers must first sign labor contracts before entering the site for construction. Registration on the relevant construction worker real-name system management platform is required before they are allowed to enter the construction site to engage in construction-related activities.
4. Project management personnel and construction workers of construction units, contracting units, and supervision units entering the construction site shall be included in the scope of real-name system management for construction workers.
5. For construction workers who have been entered into the National Construction Worker Management Service Information Platform and have not had their data updated for more than 1 year (including 1 year), the construction enterprise shall re-conduct basic safety training for them when they engage in construction work again, and record relevant information; otherwise, they shall not be allowed to enter the construction site for work.
6. In principle, closed management shall be implemented on the construction site, and access control systems shall be set up at the entrance and exit, and electronic attendance shall be carried out using biometric identification technologies such as face recognition, fingerprint recognition, and iris recognition; for engineering projects that do not have the conditions for closed management, technologies such as mobile positioning and electronic fences shall be used to implement attendance management.
7. The expenses required for the implementation of the real-name system management for construction workers can be included in the safety and civilized construction fees and management fees.
More News