2023, the Ministry of Housing and Urban-Rural Development of the People's Republic of China issued a new circular, which States that in order to strengthen the management of quality inspection of construction projects, laws and administrative regulations such as the Construction Law of the People's Republic of China, the Regulations on Quality Management of Construction Projects and the Regulations on Seismic Management of Construction Projects are adopted. The Ministry of Housing and Urban-Rural Development has formulated the Measures for the Management of Quality Inspection of Construction Projects and issued them recently, and the new edition of the Measures for the Management of Quality Inspection of Construction Projects will come into effect on March 1.
these Measures refers to the acceptance of entrustment by construction project quality inspection institutions (hereinafter referred to as inspection institutions) in the activities of new construction, expansion and reconstruction of housing and municipal infrastructure projects, and the inspection of construction projects involving structural safety and main use functions in accordance with relevant laws, regulations and standards of the State. Inspection of building materials, building components, fittings, equipment and engineering entity quality entering the construction site. Article
3 a testing institution shall obtain the qualification of a construction project quality testing institution (hereinafter referred to as the qualification of a testing institution) in accordance with these Measures, and engage in construction project quality testing activities within the scope permitted by the qualification. Those
who have not obtained the corresponding qualification certificates shall not undertake the quality inspection business of construction projects stipulated in these Measures. Article
4 The competent department of housing and urban and rural construction under the State Council shall be responsible for the supervision and administration of the quality inspection activities of construction projects throughout the country. The competent departments of housing and urban and rural construction of the local people's governments at or above the
county level shall be responsible for the supervision and management of the quality inspection activities of construction projects within their respective administrative areas, and may entrust the quality supervision agencies of construction projects under their jurisdiction to implement them concretely. Chapter
II Qualification Management
of Testing Institutions Article 5 The qualification of testing institutions is divided into comprehensive qualification and special qualification. The qualification standards and business scope of
testing institutions shall be formulated by the competent department of housing and urban and rural construction under the State Council. Article
6 An entity applying for the qualification of a testing institution shall be an enterprise or institution with independent legal personality, or a partnership established according to law, and shall have the corresponding personnel, instruments and equipment, testing sites, quality assurance system, etc. Article
7 The competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the qualification licensing of testing institutions within their respective administrative areas. Article
8 An application for the qualification of a testing institution shall be submitted to the competent department of housing and urban-rural development of the people's government of the province, autonomous region or municipality directly under the Central Government where the registration place is located, and the following materials shall be submitted:
(1) An application form for the qualification of a testing institution;
(2) a list of major testing instruments and equipment; Certificate of ownership or lease contract of the immovable property of the
testing place;
professional title certificates of technical personnel;
and management system and quality control measures of the testing institution. The format of the application form for the qualification of the
testing institution shall be formulated by the competent department of housing and urban and rural construction under the State Council. Article
9 After accepting the application, the qualification licensing authority shall conduct material examination and expert evaluation, complete the examination and make a written decision within 20 working days. For those who meet the qualification standards, the qualification certificate of the testing institution shall be issued within 10 working days from the date of making the decision and submitted to the competent department of housing and urban and rural construction under the State Council for the record. The expert review time is not included in the qualification license period. Article
10 The qualification certificate of a testing institution shall be an electronic certificate, and the format shall be formulated by the competent department of housing and urban and rural construction under the State Council. The qualification certificate is valid for 5 years. Article
11 If a testing institution applying for comprehensive qualifications or additional qualifications commits any of the acts specified in Article 30 of these Measures within one year before the date of application, the qualification licensing authority shall not approve its application. If a testing institution that
has obtained a qualification should be rectified in accordance with Article 35 of these Measures but has not yet completed the rectification, the qualification licensing authority shall not approve its application for comprehensive qualification or additional qualification. Article
12 If a testing institution needs to extend the validity period of its qualification certificate, it shall submit an application for renewal of its qualification to the qualification licensing authority 30 working days before the expiration of the validity period of its qualification certificate.
For testing institutions that meet the qualification standards and have no acts specified in Article 30 of these Measures within the validity period of the qualification certificate, the validity period shall be extended for five years with the consent of the qualification licensing authority. Article
13 Where a testing institution changes its name, address or legal representative within the validity period of its qualification certificate, it shall go through the formalities for the change of its qualification certificate within 30 working days after going through the formalities for the change of its business license or legal person certificate. The qualification licensing authority shall complete the processing within 2 working days. If the change of testing sites, technicians, instruments and equipment of a
testing institution affects its conformity with the qualification standards, it shall submit an application for re-verification of qualification to the qualification licensing authority within 30 working days after the change, and the qualification licensing authority shall complete the examination within 20 working days and make a written decision. Chapter
III Management
of Inspection Activities Article 14 When engaging in quality inspection activities of construction projects, relevant laws, regulations and standards shall be observed, and relevant personnel shall have corresponding knowledge and professional competence of quality inspection of construction projects. Article
15 Inspection institutions shall not have subordinate relations or other interests with the construction, construction and supervision units related to the construction projects they inspect, as well as the suppliers of building materials, structural fittings and equipment.
Testing institutions and their staff shall not recommend or supervise the production of building materials, structural fittings and equipment. Article
16 The entrusting party shall entrust an inspection institution with corresponding qualifications to carry out the quality inspection business of construction projects. Inspection institutions shall carry out quality inspection of construction projects in accordance with laws, regulations and standards, and issue inspection reports. Article
17 a construction unit shall reasonably calculate the cost of quality inspection of a construction project when compiling the project budget estimate, and shall pay it separately and in time in accordance with the contract agreement. Article
18 Where a construction unit entrusts an inspection institution to carry out the quality inspection activities of a construction project, the construction unit or the supervision unit shall witness the quality inspection activities of the construction project. The witness shall make witness records, record the sampling, sample preparation, marking, sealing, submission for inspection and on-site inspection, and sign for confirmation. Article
19 Units and individuals providing test samples shall be responsible for the conformity, authenticity and representativeness of the test samples. The test sample shall have a clear and unique identification and seal that is not easy to fall off. If the
construction unit entrusts the inspection institution to carry out the quality inspection activities of the construction project, the construction personnel shall take samples on the spot under the supervision of the witness personnel of the construction unit or the supervision unit. Article
20 When on-site testing or testing samples are submitted for inspection, the entrustment form shall be filled out by the unit providing the testing content and the unit submitting the inspection. The entrustment form shall be signed and confirmed by the inspection personnel and witnesses. When receiving the test sample, the
testing institution shall check the conformity of the condition, identification and seal of the sample, and the test can be carried out only after confirmation. Article
21 The test report shall not come into effect until it is signed by the testing personnel, the examiner, the legal representative of the testing institution or the authorized signatory, and affixed with the special seal for testing. The
test report shall include the number of test item representatives (batches), test basis, address of test site, test data, test results, witness unit and name and other relevant information. The inspection report issued by the inspection institution
not entrusted by the construction unit shall not be used as the project quality acceptance data. Article
22 a testing institution shall establish a system for recording and retaining the process data and result data of construction projects, testing image data and testing reports, and shall be responsible for the authenticity and accuracy of the testing data and reports. Article
23 No unit or individual may express or imply that a testing institution shall issue a false testing report, or tamper with or forge a testing report.Article
24 If a testing institution finds that the construction, construction and supervision units violate the relevant laws and regulations and the mandatory standards for engineering construction in the course of testing, and if the testing items involve structural safety and the test results of the main use functions are not up to standard, the construction, construction and supervision units shall be responsible for the inspection. It shall promptly report to the competent housing and urban and rural construction departments of the local people's governments at or above the county level where the construction project is located. Article
25 If the interested parties of the test results have disputes over the test results, they may entrust a jointly recognized testing institution to conduct a re-examination.
The twenty-sixth testing institutions should establish a file management system. Testing contracts, commission orders, original records of testing data and testing reports shall be numbered uniformly according to the year, and the numbers shall be continuous and shall not be withdrawn or altered at will.
The testing institution shall set up a separate account for the unqualified items of the test results. Article
27 a testing institution shall establish an information management system to carry out information management of such activities as acceptance of testing business, collection of testing data, uploading of testing information, issuance of testing reports and management of testing archives, so as to ensure traceability of the whole process of quality testing activities of construction projects. Article
28 Testing institutions shall maintain that personnel, instruments and equipment, testing sites and quality assurance systems conform to the qualification standards for quality testing of construction projects, strengthen the training of testing personnel, regularly verify or calibrate instruments and equipment in accordance with relevant provisions, and ensure the quality of construction projects. To ensure that the testing technology capability continues to meet the requirements of the construction project quality testing activities. Article
29 Where a testing institution undertakes testing business across provinces, autonomous regions and municipalities directly under the Central Government, it shall file with the competent housing and urban and rural construction departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where the construction project is located. The personnel, instruments and equipment, testing sites and quality assurance system of the
testing institution in the place where the testing business is undertaken shall meet the requirements for carrying out the corresponding quality testing activities of construction projects. Article
30 a testing institution shall not commit any of the following acts:
(1) Engaging in the quality testing activities of construction projects beyond the scope permitted by its qualifications;
(2) Subcontracting or illegally subcontracting the quality testing business of construction projects;
(3) Altering, reselling, leasing, lending or illegally transferring qualification certificates in other forms;
(4) Testing in violation of mandatory standards for project construction;
(5) Using testing personnel or instruments and equipment that cannot meet the requirements of the construction project quality testing activities carried out;
(Six) issuing false testing data or testing reports. Article
31 Testing personnel shall not commit any of the following acts:
(1) Being employed by two or more testing institutions at the same time;
(2) Conducting testing in violation of mandatory standards for engineering construction;
(3) Issuing false testing data;
(4) Making conclusions or issuing false conclusions in violation of mandatory standards for engineering construction. Chapter
IV Supervision and Management
Article 32 The competent housing and urban and rural construction departments of the local people's governments at or above the county level shall strengthen the supervision and management of the quality inspection activities of construction projects, establish an information system for the quality inspection and supervision of construction projects, and improve the level of information-based supervision. Article
33 The competent departments of housing and urban and rural construction of the people's governments at or above the county level shall exercise dynamic supervision over the inspection institutions and carry out supervision and inspection by means of "double randomness and one openness". When
carrying out supervision and inspection, it has the right to take the following measures:
(1) enter the construction site of the construction project or the workplace of the testing institution for inspection and sampling;
(2) inquire and investigate the relevant information from the testing institution, the entrusting party, the relevant units and personnel;
(3) To inspect the construction project quality inspection knowledge and professional ability of the inspection personnel;
(4) To consult and copy the relevant inspection data, image materials, reports, contracts and other relevant materials;
(5) To organize and implement the ability verification or comparative test;
(Six) other measures stipulated by laws and regulations. Article
34 The competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall strengthen the supervision and sampling of the quality of construction projects. The quality supervision and sampling of construction projects can be implemented through the way of government purchasing services. Article
35 If a testing institution no longer meets the corresponding qualification standards after obtaining the qualification of a testing institution, the qualification licensing authority shall order it to rectify within a time limit and make it public to the public. After completing the rectification, the testing institution shall submit an application for re-verification of qualification to the qualification licensing authority. The inspection report issued before the qualification standard is re-verified shall not be used as the project quality acceptance data. Article
36 Where the competent housing and urban-rural construction departments of the local people's governments at or above the county level impose administrative penalties on the testing institutions, they shall inform the qualification licensing authorities of the testing institutions and the competent housing and urban-rural construction departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where the illegal acts occur within 20 working days from the date of service of the decision on administrative penalties. Article
37 The competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall, according to law, publicize information on administrative penalties imposed on relevant units and personnel in the quality inspection activities of construction projects, establish a credit management system, and implement incentives for keeping faith and punishments for breaking faith. Article
38 Any unit or individual shall have the right to complain or report to the competent housing and urban and rural construction authorities of the people's government at or above the county level where the construction project is located about violations of laws and regulations in the quality inspection activities of the construction project. Chapter
V Legal Liability
Article 39 Whoever, in violation of the provisions of these Measures, engages in quality inspection activities of construction projects without obtaining corresponding qualifications, certificates of qualifications that have passed the validity period or beyond the scope of qualifications, his inspection report shall be invalid. The competent department of housing and urban and rural construction of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if harmful consequences are caused, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law. Article
40 Where a testing institution conceals the relevant information or provides false materials to apply for the qualification, the qualification licensing organ shall not accept the application or shall not grant the administrative license, and shall give a warning; the testing institution shall not apply for the qualification again within one year. Article
41 Where the qualification certificate is obtained by deception, bribery or other improper means, the qualification licensing authority shall revoke it; the competent department of housing and urban-rural construction of the local people's government at or above the county level shall give a warning or circulate a notice of criticism, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; the testing institution shall not apply for qualification again within three years; If a crime is constituted, criminal responsibility shall be investigated according to law. Article
42 Where a testing institution fails to go through the formalities for alteration of its qualification certificate in accordance with the first paragraph of Article 13 of these Measures, the competent department of housing and urban-rural construction of the local people's government at or above the county level shall order it to go through the formalities within a time limit; if it fails to do so within the time limit, it shall be fined not less than 5000 yuan but not more than 10000 yuan. Where a
testing institution fails to submit an application for re-verification of qualification to the qualification licensing authority in accordance with the provisions of the second paragraph of Article 13 of these Measures, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 10000 yuan but not more than 30000 yuan. Article
43 Where a testing institution violates the provisions of Article 22 and Item 6 of Article 30 of these Measures, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 50000 yuan but not more than 100000 yuan; if it causes harmful consequences, it shall impose a fine of not less than 100000 yuan but not more than 200000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law. If a
testing institution commits any of the acts mentioned in the preceding paragraph in the seismic activities of a construction project, it shall be punished in accordance with the relevant provisions of the Regulations on the Administration of Seismic Resistance of Construction Projects. Article
44 Where a testing institution violates the provisions of these Measures and commits one of the acts in Items 2 to 5 of Article 30, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 50000 yuan but not more than 100000 yuan; if it causes harmful consequences, it shall impose a fine of not less than 100000 yuan but not more than 200000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law. If
an inspector violates the provisions of these Measures and commits one of the thirty-first acts, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order him to make corrections and impose a fine of less than 30000 yuan.Article
45 If a testing institution violates the provisions of these Measures and commits any of the following acts, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10000 yuan but not more than 50000 yuan:
As well as the suppliers of building materials, building components and equipment have subordinate relations or other interests;
(2) Recommending or supervising the production of building materials, building components and equipment;
(3) Failing to sign and seal the test report in accordance with the provisions;
(4) Failing to timely report the behaviors found in violation of relevant laws and regulations and mandatory standards for engineering construction;
(5) Failing to timely report the unqualified test results involving structural safety and main use functions;
(6) Failing to manage archives and accounts in accordance with regulations;
(7) Failing to establish and use an information management system to manage the inspection activities;
(8) failing to meet the requirements of undertaking inspection business across provinces, autonomous regions and municipalities directly under the Central Government to carry out corresponding construction project quality inspection activities;
(9) Failing to provide relevant information truthfully when accepting supervision and inspection, failing to participate in proficiency testing and comparative testing as required, or refusing or obstructing supervision and inspection. Article
46 Where a testing institution violates the provisions of these Measures and has illegal income, it shall be confiscated by the competent department of housing and urban and rural construction of the local people's government at or above the county level according to law. Article
47 In case of any of the following acts committed by the construction, construction and supervision units in violation of the provisions of these Measures, the competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall order them to make corrections and impose a fine of not less than 30000 yuan but not more than 100000 yuan; if harmful consequences are caused, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed; If a crime is constituted, criminal liability shall be investigated according to law:
(1) Entrusting a testing institution that has not obtained the corresponding qualification to carry out the testing;
(2) Failing to include the cost of quality testing of a construction project in the project budget and to list it separately;
(3) Failing to implement the witness in accordance with the provisions;
(4) The testing samples provided do not meet the requirements of conformity, authenticity and representativeness;
(5) The testing institution is explicitly or implicitly issued a false testing report;
(6) The testing report is tampered with or forged;
(7) Sampling, sample preparation and samples submitted for inspection do not conform to the regulations and mandatory standards for engineering construction. Article
48 Where a fine is imposed on a unit in accordance with the provisions of these Measures, the person in charge directly responsible for the unit and other persons directly responsible shall be fined not more than 30000 yuan. Article
49 Any staff member of the competent housing and urban and rural construction departments of the local people's governments at or above the county level who has one of the following circumstances in the quality inspection and management of construction projects shall be punished according to law; If a crime is constituted, criminal liability shall be investigated according to law:
(1) issuing a qualification certificate to an applicant who does not meet the statutory requirements;
(2) not issuing a qualification certificate to an applicant who meets the statutory requirements; Failing to issue a qualification certificate
to an applicant who meets the statutory requirements within the statutory time limit;
demanding or accepting money or things of value from others or seeking other interests by taking advantage of his position;
failing to perform his supervisory duties in accordance with the law or failing to perform his supervisory duties effectively, resulting in serious consequences. Chapter
VI Supplementary Provisions
Article 50 These Measures shall come into force on March 1, 2023. The Measures for the Administration of Quality Inspection of Construction Projects (Decree No.141 of the Ministry of Construction) promulgated by the former Ministry of Construction on September 28, 2005 shall be abolished at the same time.
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