Measures for the Administration of quality inspection of construction projects

Source：TBT Release Date：2024-1-3

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Measures for the Administration of quality inspection of construction projects

Promulgated by Decree No. 57 of the Ministry of Housing and Urban-Rural Development of the People's Republic of China on December 29, 2022, effective as of March 1, 2023)

　General rules

    Article 1 These Measures are formulated in accordance with the Construction Law of the People's Republic of China, the Regulations on the Quality Control of Construction Projects, the Regulations on the Administration of Earthquake Resistance of Construction Projects and other laws and administrative regulations in order to strengthen the management of the quality control of construction projects.

    Article 2 These Measures shall apply to activities related to quality testing of construction projects and their supervision and administration.

    The term "construction project quality testing" as mentioned in these Measures refers to the construction project quality testing institutions (hereinafter referred to as testing institutions) entrusted to inspect the construction projects involving structural safety and main functions in accordance with the relevant laws, regulations and standards of the state during the construction, expansion and reconstruction of housing construction and municipal infrastructure engineering activities. Inspection of building materials, building components, equipment, and the quality of engineering entities entering the construction site.

    Article 3 Testing institutions shall, in accordance with these Measures, obtain the qualification of construction project quality testing institutions (hereinafter referred to as the qualification of testing institutions), and engage in construction project quality testing activities within the scope of qualification approval.

    Without the corresponding qualification certificate, shall not undertake the construction project quality testing business as provided for 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 testing 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 administration of construction project quality testing activities within their respective administrative areas and may entrust their subordinate construction project quality supervision institutions with specific implementation.

Chapter II Qualification management of testing institutions

    Article 5 The qualifications of testing institutions are divided into comprehensive qualifications and special qualifications.

    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 The units applying for the qualification of testing institutions shall be enterprises or institutions with independent legal personality, or partnership enterprises established according to law, and have the     corresponding personnel, equipment, testing sites, quality assurance systems and other conditions.

    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 and 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 and rural construction 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) Application form for qualification of testing institution;

(2) List of main testing instruments and equipment;

(3) the certificate of ownership of the real estate of the test site or the lease contract;

(4) professional title certificates of technical personnel;

(5) Management system of testing institutions and quality control measures.

　　The application form for the qualification of testing institutions 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 review and expert review, complete the review 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 it shall be reported to the competent department of housing and urban and rural construction under The State Council for the record. The expert evaluation time shall not be counted in the qualification license period.

    Article 10 The qualification certificate of testing institutions shall be issued electronically, 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 qualification or additional qualification has acted as provided for in Article 30 of these Measures within one year prior to the date of application, the qualification licensing authority shall not approve its application.

    Qualified testing institutions, in accordance with Article 35 of these measures should be rectified but has not completed the rectification, the comprehensive qualification or qualification of the application, the qualification licensing authority will not approve.　　

    Article 12 Where a testing institution needs to extend the validity period of the qualification certificate, it shall apply to the qualification licensing authority for qualification extension 30 working days before the expiration of the validity period of the qualification certificate.

    For the testing institutions that meet the qualification standards and have no conduct as prescribed in Article 30 of these Measures during the validity period of the qualification certificate, the validity period shall be extended for 5 years with the consent of the qualification licensing authority.　　

    Article 13 If a testing institution changes its name, address, legal representative, etc. during the validity period of the qualification certificate, it shall go through the formalities for the change of the qualification certificate within 30 working days after the formalities for the change of the business license or legal person certificate. The qualification and licensing authority shall complete the process within 2 working days.

    If the testing institution's testing site, technical personnel, equipment and other matters are changed to affect its compliance with the qualification standards, it shall submit an application for qualification re-approval to the qualification licensing authority within 30 working days after the change, and the qualification licensing authority shall complete the review within 20 working days and make a written decision.

Chapter III Management of detection activities

    14th construction project quality testing activities, shall abide by the relevant laws, regulations and standards, the relevant personnel should have the corresponding construction project quality testing knowledge and professional ability.

    Article 15 A testing institution shall not have subordination or other interest relationship with the construction, construction and supervision units related to the construction project tested, as well as the suppliers of building materials, building components and equipment.

    Testing institutions and their staff shall not recommend or supervise the production of building materials, building components and equipment.

    Article 16 The entrusting party shall entrust a testing institution with corresponding qualifications to carry out construction project quality testing business. Testing institutions shall conduct quality testing of construction projects in accordance with laws, regulations and standards, and issue testing reports.

    Article 17 A construction unit shall reasonably calculate the cost of quality testing of a construction project when preparing the project estimate budget, and pay it separately and promptly in accordance with the contract.

    Article 18 Where a construction unit entrusts a testing institution to carry out construction project quality testing activities, the construction unit or supervision unit shall witness the implementation of construction project quality testing activities. Witnesses shall make witness records, record sampling, sample preparation, marking, sealing, inspection and on-site testing, and sign for confirmation.　　

    Article 19 Units and individuals providing test samples shall be responsible for the conformity, authenticity and representativeness of test samples. The test sample shall have a clear mark and seal that is not easy to fall off.

    Where a construction unit entrusts a testing institution to carry out construction project quality testing activities, construction personnel shall take samples on site under the supervision of witnesses of the construction unit or supervision unit.

    Article 20 When on-site testing or testing samples are submitted for inspection, a power of attorney form shall be filled in by the unit providing the test content and the unit submitting the test. The power of attorney shall be signed and confirmed by the inspection personnel and witnesses.

    When receiving the test sample, the testing institution shall check the condition, marking, sealing and other conformance of the sample, and shall not test it until it is confirmed that it is correct.

    Article 21 The test report shall not take effect until it is signed by the testing personnel, the auditing personnel, the legal representative of the testing institution or the signatory authorized by the testing institution and stamped with the special seal for testing.

    The test report shall include the number of test items (batches), test basis, test site address, test data, test results, witness units and names and other relevant information.

    The test report issued by the testing institution not commissioned by the construction unit shall not be used as the project quality acceptance data.

    22nd testing institutions shall establish construction project process data and result data, test image data and test report record and retention system, and be responsible for the authenticity and accuracy of test data and test report.

    Article 23 No unit or individual may explicitly or imply that a testing institution issues a false test report, and may not tamper with the test report.

    24th testing institutions in the process of testing found that construction, construction, supervision units in violation of the relevant laws and regulations and mandatory standards for project construction and other behaviors, as well as testing projects involving structural safety, the main function of the test results unqualified, shall promptly report the construction project at the county level or above the local people's government housing and urban and rural construction departments.

    Article 25 Where the interested parties of the test results have disputes over the test results, they may entrust a jointly recognized testing institution to retest.

    Article 26 A testing institution shall establish a file management system. Testing contracts, orders, original records of testing data, and testing reports shall be numbered in accordance with the annual uniform number, which shall be continuous, and shall not be withdrawn or altered at will.

　　The testing institution shall establish a separate account of the items with unqualified test results.

    27th testing institutions shall establish an information management system, testing business acceptance, testing data collection, testing information upload, testing report issuance, testing file management and other activities for information management, to ensure that the whole process of construction project quality testing activities can be traced.

    Article 28 Testing institutions shall maintain personnel, instruments and equipment, testing sites, quality assurance systems and other aspects in line with the construction project quality testing qualification standards, strengthen the training of testing personnel, in accordance with the relevant provisions of regular verification or calibration of instruments and equipment, to ensure that the testing technical capabilities continue to meet the requirements of the construction project quality testing activities.

    Article 29 Where a testing institution undertakes testing business across provinces, autonomous regions or municipalities directly under the Central Government, it shall file a record with the competent department of housing and urban and rural construction of the people's government of the province, autonomous region or municipality directly under the Central Government where the construction project is located.

    The personnel, instruments and equipment, testing sites and quality assurance systems in the place where the testing institution undertakes the testing business shall meet the requirements for carrying out the corresponding construction project quality testing activities.

    Article 30 A testing institution shall not engage in the following acts:

    (1) engaging in construction project quality testing activities beyond the scope of qualification license;

    (2) subcontracting or illegally subcontracting construction project quality testing services;

    (3) altering, reselling, renting, lending or illegally transferring qualification certificates in other forms;

    (4) testing in violation of mandatory standards for project construction;

    (5) The use of testing personnel or instruments and equipment that cannot meet the requirements of the quality testing activities of the construction project;

    (6) Producing false test data or test reports.

    Article 31 Testing personnel shall not engage in the following acts:

    (A) at the same time employed by two or more testing institutions;

    (2) testing in violation of mandatory standards for project construction;

    (3) producing false test data;

    (D) in violation of the mandatory standards for construction conclusions or issued false conclusions.

Chapter IV Supervision and administration

    Article 32 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 management of construction project quality testing activities, establish construction project quality testing and supervision information systems, 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 testing institutions and carry out supervision and inspection by means of "double random and one open".

    In carrying out supervision and inspection, they shall have the right to take the following measures:

    (1) entering the construction site of a construction project or the work site of a testing institution for inspection and spot testing;

    (2) to inquire and investigate the relevant situation of testing institutions, entrusting parties, relevant units and personnel;

    (C) to inspect the construction project quality inspection knowledge and professional ability of the inspection personnel;

    (4) consult and copy relevant test data, image data, reports, contracts and other relevant materials;

    (5) To organize the implementation of capability verification or comparison tests;

    (6) Other measures prescribed by laws and regulations.

    Article 34 The competent departments for 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 test of construction projects can be implemented by the way of government purchasing services.

    Article 35 Where 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 make rectification within a time limit and disclose it to the public. After the testing institution completes the rectification, it shall apply to the qualification licensing authority for qualification re-approval. The test report issued before the re-verification of conformity with the qualification standards shall not be used as project quality acceptance data.

    Article 36 Where the competent department of housing and urban and rural construction of the local people's government at or above the county level imposes administrative penalties on the testing institution, it shall inform the qualification and licensing authority of the testing institution and the competent department of housing and urban and rural construction of the people's government of the province, autonomous region and municipality directly under the Central Government 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, in accordance with the law, make public information such as the administrative penalties imposed on the relevant units and personnel of construction project quality testing activities, establish a credit management system, and implement incentives to keep faith and punishments for breaking faith.

    Article 38 Any unit or individual shall have the right to file a complaint or report to the competent department of housing and urban and rural construction of the people's government at or above the county level in the place where the construction project is located in respect of any violation of laws or regulations in the quality testing activities of the construction project.

Chapter V Legal liability

    39th in violation of the provisions of these measures, did not obtain the corresponding qualification, qualification certificate has expired or beyond the scope of qualification permit to engage in construction project quality testing activities, the test report is invalid, by the local people's government at or above the county level housing and urban and rural construction departments imposed 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 the case constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 40 Where a testing institution conceals relevant information or provides false materials to apply for qualification, the qualification licensing authority shall not accept the application or refuse the administrative license, and shall give a warning; The testing institution shall not apply for qualification again within one year.

    Article 41 Where a qualification certificate is obtained by cheating, bribery or other improper means, the qualification licensing authority shall revoke it; The competent department of housing and urban and rural construction of the local people's government at or above the county level shall give a warning or circulate a circular 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 3 years; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 42 Where a testing institution fails to go through the procedures for changing the qualification certificate of a testing institution in accordance with the provisions of paragraph 1 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 go through the procedures within a time limit; Those who fail to do so within the time limit shall be fined not less than 5,000 yuan but not more than 10,000 yuan.

    Where a testing institution fails to submit an application for re-verification of qualifications 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; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 30,000 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 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 the case constitutes a crime, criminal responsibility shall be investigated according to law.

    Any testing institution that commits the acts mentioned in the preceding paragraph in the seismic activities of a construction project shall be punished in accordance with the relevant provisions of the Regulations on the Administration of Seismic Activities of Construction Projects.

    Article 44 Where a testing institution violates the provisions of these Measures and commits one of the acts of Item 2 to Item 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 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 the case constitutes a crime, criminal responsibility shall be investigated according to law.

    If the testing personnel violate the provisions of these Measures and have one of the acts of Article 31, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order them to make corrections and impose a fine of not more than 30,000 yuan.

    Article 45 Where a testing institution violates the provisions of these Measures and commits one 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 10,000 yuan but not more than 50,000 yuan:

    (1) The construction, construction and supervision units related to the construction project tested, and the supply units of building materials, building components and equipment have subordinate relationships 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 as required;

    (4) failing to promptly report violations of relevant laws and regulations and mandatory standards for project construction;

    (5) failing to timely report the unqualified test results involving the safety of the structure and the main functions used;

    (6) failing to manage archives and accounts in accordance with regulations;

    (7) failing to establish and use an information management system to manage testing activities;

    (8) does not meet the requirements of cross-province, autonomous region, municipality directly under the central government to undertake testing business to carry out corresponding construction project quality testing activities;

    (9) failing to truthfully provide relevant materials, failing to participate in capacity verification and comparison tests as required, or refusing or obstructing supervision and inspection.

    Article 46 Where a testing institution violates the provisions of these Measures and has illegal gains, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall confiscate them according to law.

    Article 47 In violation of the provisions of these Measures, construction, supervision and other units have one 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 correction and impose a fine of not less than 30,000 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 the case constitutes a crime, criminal responsibility shall be investigated according to law:

    (1) entrusting testing institutions that have not obtained corresponding qualifications to conduct testing;

    (2) failing to include the cost of construction project quality testing in the project estimate budget and separate expenditures;

    (3) failing to bear witness in accordance with regulations;

    (4) The test samples provided do not meet the requirements of conformity, authenticity and representativeness;

    (5) Express or imply that the testing institution issues a false test report;

    (6) tampering with the test report;

    (7) The samples sampled, prepared and 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 who is directly responsible for the unit and other persons who are directly responsible shall be fined not more than 30,000 yuan.

    Article 49 Any staff member of the competent department of housing and urban and rural construction of the local people's government at or above the county level who, in the course of quality inspection and administration of construction projects, has any of the following circumstances shall be given sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

    (1) Issuing qualification certificates to applicants who do not meet the statutory requirements;

    (2) Failing to issue qualification certificates to applicants who meet the statutory conditions;

    (3) failing to issue a qualification certificate within the statutory time limit to the applicant who meets the statutory conditions;

    (4) Taking advantage of his position to solicit or accept money or property from others or seek other benefits;

    (5) failing to perform supervision duties according to law or failing to do so, resulting in serious consequences.

Chapter VI Supplementary Provisions

    Article 50 These Measures shall come into force as of March 1, 2023. September 28, 2005, the former Ministry of Construction announced the "Construction project quality inspection management Measures" (Ministry of Construction order No. 141) repealed at the same time.