1997年11月1日第八届全国人民代表大会常务委员会第二十八次会议通过 根据2011年4月22日第十一届全国人民代表大会常务委员会第二十次会议《关于修改〈中华人民共和国建筑法〉的决定》第一次修正 根据2019年4月23日第十三届全国人民代表大会常务委员会第十次会议《关于修改〈中华人民共和国建筑法〉等八部法律的决定》第二次修正
Construction Law of the People's Republic of China (Amended in 2019)
（1997年11月1日第八届全国人民代表大会常务委员会第二十八次会议通过 根据2011年4月22日第十一届全国人民代表大会常务委员会第二十次会议《关于修改〈中华人民共和国建筑法〉的决定》第一次修正 根据2019年4月23日第十三届全国人民代表大会常务委员会第十次会议《关于修改〈中华人民共和国建筑法〉等八部法律的决定》第二次修正）
(Adopted at the 28th Session of the Standing Committee of the 8th National People's Congress on November 1, 1997; revised for the first time according to the Decision on Revising the Construction Law of the People's Republic of China at the 20th Session of the Standing Committee of the 11th National People's Congress on April 22, 2011; and revised for the second time according to the Decision on Revising Eight Laws including the Construction Law of the People's Republic of China at the 10th Session of the Standing Committee of the 13th National People's Congress on April 23, 2019)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is formulated for the purposes of strengthening supervision and administration of construction activities, safeguarding the order of construction market, ensuring the quality and safety of construction projects and promoting healthy development of the construction industry.
Article 2. All parties which engage in construction activities within the territory of the People's Republic of China or carry out supervision and administration of construction activities must abide by this Law.
Construction activities referred to in this Law shall mean construction of all types of buildings and ancillary facilities thereof and installation of complementary lines, pipelines and equipment thereof.
Article 3 Construction activities shall ensure the quality and safety of construction projects, and shall comply with construction project safety standards of the State.
Article 4 The State supports the development of the construction industry, supports scientific and technological research in construction to improve the levels in the design of housing construction, encourages energy economy and environmental protection, encourages adoption of advanced technologies, advanced equipment, advanced techniques and new building materials and modern mode of management.
Article 5 Persons engaging in construction activities shall comply with laws and regulations and shall not harm public interest and the legitimate rights and interests of others.
No organisation or individual shall hinder or obstruct legitimate construction activities.
Article 6 The construction administrative authorities of the State Council shall implement unified supervision and administration of construction activities nationwide.
第二章 建 筑 许 可
Chapter 2 Construction Permit
Section 1 WORKING LICENSES FOR CONSTRUCTION PROJECTS
Article 7 Prior to commencement of a construction project, the developer shall apply to the construction administrative authorities of a People's Government of county level and above at the location of the project for a construction permit pursuant to the relevant provisions of the State, except for small projects below the limit determined by the construction administrative authorities of the State Council.
For any construction project for which the report on the start of construction has been approved in accordance with the powers and procedures specified by the State Council, the construction entity concerned shall not be required to apply for a construction permit.
Article 8 Application for a construction permit shall meet the following conditions:
1. The formalities for the approval of land use for the construction project have been completed;
(II) a planning permit for construction project has been obtained where required by law;
(III) In case of necessity of demolition, the progress of demolition shall comply with the requirements of construction;
(IV) Having determined the construction enterprise;
(V) Having the fund arrangement, construction drawings and technical materials needed for construction;
(VI) Having concrete measures for ensuring project quality and safety.
The construction administrative authorities shall issue a construction permit for applications which satisfy the criteria within seven days from the date of receipt of an application.
Article 9 The construction entity shall start construction within three months of the date on which it obtains the construction permit. For inability to start the construction in time due to unforeseen reasons, an application for extension shall be filed with the permit issuing authority; there shall be no more than two extensions and each extension shall not exceed three months. If the construction entity neither starts construction nor applies for extension or exceeds the extension period, the construction permit shall be automatically repealed.
Article 10 For suspension of construction of a construction project under construction due to unforeseen reasons, the construction unit shall, within one month from the date of suspension of the construction, submit a report to the permit-issuing organ and carry out maintenance and administration of the construction project in accordance with rules.
When the construction project resumes construction, a report shall be submitted to the permit issuing authorities; before a project which has suspended construction for a year resumes construction, the developer shall apply to the permit issuing authorities for verification of the construction permit.
Article 11 For inability to start construction in time or suspension of construction due to unforeseen reasons, a construction project the report for the start of construction of which has been approved pursuant to the relevant provisions of the State Council shall submit a report to the approval authority in time on the situation. If, for some reason, work cannot begin on schedule and is delayed for more than six (6) months, the applicant must undertake the approval procedures for the work commencement report again.
第二节 从 业 资 格
Section 2 Qualification
Article 12 Construction enterprises, survey units, design units and project supervision units engaging in construction activities shall satisfy the following criteria:
1. Having registered capital conforming to state provisions;
(II) Having specialized technical personnel with qualifications for legal operations commensurate with the construction activities engaged in;
(III) Having technical equipment for engaging in related construction activities; and
(IV) Other conditions prescribed by laws and administrative regulations.
Article 13 Construction enterprises, survey units, design units and project supervision units engaging in construction activities shall be classified under different qualification grade based on qualification criteria such as their registered capital, technical professionals, technical equipment owned and track records of completed construction projects, etc, and may engage in construction activities within the scope permitted by their qualification grade upon passing examination of qualifications and obtaining the qualification certificate of corresponding grade.
Article 14 Technical professionals engaging in construction activities shall obtain the corresponding practice qualification certificate pursuant to the law, and engage in construction activities within the scope permitted by the practice qualification certificate.
Chapter III Contract Issuance and Contracting of Construction Projects
第一节 一 般 规 定
Section 1 GENERAL PROVISIONS
Article 15 The contract-awarding unit and the contractor of a construction project shall enter into a written contract pursuant to the law to specify the rights and obligations of both parties.
The awarding organisation and the contractor shall perform the obligations agreed in the contract fully. Where any party fails to perform the obligations in accordance with the contract, the said party shall be liable for breach of contract in accordance with the law.
Article 16 Invitation to tender and bidding of the tender of contract issuance and contracting of a construction project shall follow the principle of openness, fairness and equal competition and the contracting unit shall be selected on merit.
For invitation to tender and bidding of the tender of construction projects not prescribed in this Law, provisions of laws relating to invitation to tender and bidding of the tender shall apply.
Article 17 A contract issuing unit and its staff members, in the contract issuance of a construction project, shall not accept bribes and commissions or seek other benefits.
A contractor and its employees must not offer a contract issuer bribes or commissions, give other benefits or use other improper means to contract a project.
Article 18. The cost of a construction project must be agreed on in the contract by the contract issuer and the contractor in accordance with relevant State regulations. For projects subject to public bidding, the construction cost shall be agreed upon in line with the provisions of the tendering law.
The contract-awarding unit shall promptly make project payments pursuant to the provisions of the contract.
第二节 发 包
Section 2 Contracting-Out
Article 19 Construction projects shall practice contract issuance by invitation to tender in accordance with law; those construction projects not suitable for contract issuance by invitation to tender may adopt direct contract issuance.
Article 20 For a construction project for invitation to open tender, the contract issuing unit shall, pursuant to the legal procedures and mode, publish a tender notice providing tender documents carrying such contents as major technical requirements of the project open to tender, main articles of the contract, standards and methods of bid evaluation as well as procedures of bid opening, bid evaluation and bid finalization.
Bid opening shall be carried out in public at the time and place specified in the tender documents. After the opening of tenders, all tender documents shall be evaluated and compared in accordance with the evaluation standards and procedures as stipulated in the tender documents. The tenderer with the appropriate qualifications shall be selected as the winning tenderer on merit.
Article 21. A construction unit will organise the implementation of the opening of tenders, tender evaluation and tender selection for a construction project in accordance with the law and will accept supervision from the relevant department in charge of administration.
Article 22 For a construction project following contract issuance through tender, the contract issuing unit shall award the contract of the construction project to the contracting unit winning the bid in accordance with law. For a construction project following direct contract issuance, the contract issuing unit shall award the contract of the construction project to the contracting unit with corresponding human quality qualifications.
Article 23 The Government and its subordinate departments shall not abuse their administrative powers in restricting contract issuing units in awarding contracts of construction projects following contract issuance through tenders to designated contracting units.
Article 24 General contracting of construction projects shall be encouraged and dismemberment of contract issuance of construction projects shall be prohibited.
The contract-awarding unit of a construction project may award the contract for the construction project's survey, design, construction and procurement of equipment to a general contractor of the project or award one contract or several contracts for the construction project's survey, design, construction and procurement of equipment to a general contractor of the project; but shall not break up a construction project which should be completed by a contractor into several parts to award several contracts to several contractors.
Article 25 For building materials, building structural pieces and parts and equipment to be procured by the contracting unit of the project pursuant to the agreement in the contract, the contract issuing unit shall not designate the contracting unit in the procurement of building materials, building structural pieces and parts and equipment for the project, nor shall it designate the manufacturers and suppliers of the same.
第三节 承 包
Section 3 Contract
Article 26 The contracting units of construction projects shall contract projects with human quality certificates obtained in accordance with law and within the business scope permitted by their human quality grades.
Building construction enterprises shall be prohibited to contract projects beyond the business scope permitted by their respective human quality grades or in the name of other Building construction enterprises in any form. Construction enterprises shall be prohibited from allowing another organisation or individual to use their qualification certificate or business licence to contract projects in any form in their name.
Article 27 Large construction projects or structurally complex construction projects may be jointly contracted by two or more contractors. Parties to joint project contracting shall bear joint responsibilities for the implementation of the contract.
In the case of a joint contract by more than two units with different human quality grades, the project shall be contracted in accordance with the scope of business permit of the unit with lower human quality grade.
Article 28 Subcontracting to others of the entire construction project contracted by the contracting unit shall be prohibited. Subcontracting to others in the name of subcontracting after dismemberment of the entire construction project contracted by the contracting unit shall be prohibited.
Article 29 The general contracting unit of a construction project may award contracts of parts of the contracted project to subcontracting units with corresponding human quality qualifications; however, except for the subcontracting agreed upon in the general contracting contract, acknowledgement of the construction unit shall be obtained. With regard to overall project contracting, the construction of the main structure of the project shall be completed by the overall contracting units.
The general contractor of the construction project shall be accountable to the developer pursuant to the agreement in the turnkey contract; subcontractors shall be accountable to the general contractor pursuant to the agreement in the subcontract. The general contractor and the subcontractors will bear joint and several liability to the construction unit in respect of the subcontracted work.
The general contractor shall be prohibited from subcontracting a project to units which do not possess the corresponding qualifications. Subcontractors shall be prohibited from further subcontracting their subcontracted work.
Chapter IV Construction Project Supervision and Control
Article 30 The State practices the construction project supervision and control system.
The State Council may stipulate the scope of construction projects for mandatory supervision.
Article 31 Construction projects which implement supervision shall be supervised by a project supervision unit with the corresponding qualification criteria entrusted by the developer. The developer and the entrusted project supervision unit shall enter into a written contract for entrusted supervision.
Article 32 Construction project supervision shall comply with laws, administrative regulations and the relevant technical standards, design documents and the construction project contract, and supervision shall be implemented on behalf of the developer for construction quality, construction period and use of construction funds by the contractor, etc.
When project supervising personnel think the construction work is not in line with the requirements of project design, technical standards for construction and the terms of the contracts, they have the right to demand corrections from the construction units.
Project supervision personnel shall report to the developer the requirement for the design unit to make correction upon discovery that the project design does not comply with the construction project quality standards or the quality requirements agreed in the contract.
Article 33 Prior to implementation of construction project supervision, the developer shall notify the construction enterprise subject to supervision in writing of the entrusted project supervision unit, supervision contents and supervision authority.
Article 34 An engineering supervision and control unit shall undertake engineering supervision and control business within the scope of supervision and control permitted for its human quality grade.
Project supervision units shall execute supervision tasks pursuant to the entrustment of the developer in an objective and fair manner.
A project supervision unit shall not be affiliated with or be a stakeholder in the contractor of the project under supervision as well as the suppliers of the construction materials, structural components and fittings and equipment.
No project supervision entity may transfer any project supervision services.
Article 35 Project supervision units which failed to perform supervision obligations pursuant to the agreement in the entrusted supervision contract or failed to inspect the items which should be supervised and inspected or failed to inspect the items which should be supervised and inspected pursuant to the provisions and cause the developer to suffer losses shall bear the corresponding compensation liability.
A project supervision unit which conspires with a contractor to seek illegal gains for the contractor and causes the developer to suffer losses shall bear compensation liability jointly and severally with the contractor.
Chapter 5 Construction Production Safety Management
Article 36 Construction project production safety management must adhere to the policy of safety first and prevention foremost, establish and perfect the responsibility system of production safety and the system of prevention and treatment by the masses.
Article 37 Construction project design shall comply with the construction safety procedures and technical specifications stipulated and formulated by the State to ensure safety performance of the project.
Article 38 A building construction enterprise shall work out corresponding safety technical measures according to the characteristics of the construction project in the compilation of design for construction organization; for specialty-intensive projects, design for special-purpose safety construction organization shall be compiled and safety technical measures taken.
Article 39 Construction enterprises shall adopt measures for maintenance of safety, prevention of dangers, fire disasters, etc at construction sites; where the conditions allow, construction sites shall implement closed-off management.
When the construction site may cause damages to the adjacent buildings, structures and special operating environment, the construction enterprises shall adopt safety and preventive measures.
Article 40 The developer shall provide underground pipeline information relating to the construction site to the construction enterprise, the construction enterprise shall adopt measures for protection.
Article 41 The building construction enterprise shall abide by the provisions of the laws and regulations relating to environmental protection and safety in production and take control and disposal measures at the construction site of various kinds of dust, waste gas, waste water, solid waste as well as noise, vibration polluting and damaging the environment.
Article 42 A construction unit shall, pursuant to the relevant state provisions, go through the formalities of application for approval in case of any of the following circumstances:
1. Need of temporarily occupying places outside the approved planned scope;
(II) Possibility of damaging such public facilities as roads, pipes and cables, electricity, postal service and telecommunications;
(III) Need of temporary suspension of water, power and road traffic;
(IV) Need to conduct blasting operation; and
(V) Other circumstances required by laws and regulations.
Article 43 The competent department of construction administration shall be responsible for the administration of construction safety in production and subject to the guidance and supervision of the competent department of labor in construction safety in production in accordance with law.
Article 44 A building construction enterprise must, in accordance with law, strengthen construction safety production management, implement the safety production responsibility system and take effective measures to prevent casualties and other accidents in safety production from taking place.
The legal representative of a building construction enterprise will be responsible for work safety within the enterprise.
Article 45 Construction enterprises are responsible for the safety at construction sites. The overall contraction unit shall be responsible for the fire safety of a construction project under the general contracting. Subcontractors will be responsible to the general contractor and must obey the work safety management measures of the general contractor in respect of a construction site.
Article 46 Building construction enterprises shall establish and perfect the educational training system of safety in labor and production, step up the education and training of workers and staff members in safety in production; no personnel without undergoing education and training in safety in production shall take up posts in operations.
Article 47 Building construction enterprises and their personnel shall, in the process of construction, abide by the laws and regulations relating to safety in production and safety rules and regulations of the construction industry, and shall not give command in contravention of regulations or operate in contravention of regulations. Working personnel are entitled to forward proposals for improving the operating programs and conditions which adversely affect health and to obtain protective equipment as required for safe operation. Working personnel shall have the right to criticise, inform against and bring charges against acts endangering life and health.
Article 48 Construction enterprises shall contribute work injury insurance premiums for employees participating in work injury insurance pursuant to the law. Enterprises shall be encouraged to take out accident insurance and pay premiums for employees engaging in dangerous operation.
Article 49 For renovation which involves changes to the main structure of a building and its load- bearing structure, the developer shall, prior to construction, entrust the original design unit or a design unit which possesses the corresponding qualification criteria to propose a design scheme; no construction shall be carried out without a design scheme.
Article 50 Demolition of building shall be undertaken by a construction unit which is able to ensure safety and the person-in-charge of the construction unit shall be responsible for the safety.
Article 51 In the event of an accident in the process of construction, the building construction enterprise shall take emergency measures to reduce casualties of personnel and losses caused by the accident, and submit a report in time to the departments concerned pursuant to relevant state provisions.
Chapter 6 Quality Management of Construction Projects
Article 52. The quality of a construction project's survey, design and construction work must meet the requirements of the State's safety standards for construction projects. The State Council will stipulate detailed administrative measures.
State standards for construction project safety must be amended in a timely fashion if they are unable to guarantee construction safety.
Article 53 The State implements quality certification system for organisations engaging in construction activities. Units engaging in construction activities may, in accordance with the principle of voluntarism, apply for quality system authentication to authentication agencies acknowledged by the department of product quality supervision administration under the State Council or by the authorized departments of the department of product quality supervision administration under the State Council. Authentication agencies shall issue quality authentication certificates to those who pass the authentication.
Article 54 No construction unit shall, with whatever reasons, ask the building design unit or building construction enterprise to lower the project quality in project design or construction operations in violation of the laws, administrative regulations and quality and safety standards of construction projects.
The building design unit and building construction enterprise shall refuse the request of a developer for lowering project quality in violation of the provisions of the preceding paragraph.
Article 55 For a construction project under general contract, the general contracting unit shall be responsible for the project quality. In the case of the general contracting unit subcontracting out the construction project to other units, the former shall bear joint responsibility with the subcontracting units of the quality of the subcontracted projects. Subcontractors shall accept quality management by the general contractor.
Article 56 The survey and design units of a construction project shall be responsible for the quality of their survey and design. Survey and design documents shall comply with the provisions of the relevant laws and administrative regulations and construction project quality and safety standards, construction project survey and design technical specifications and the contractual agreement. Such technical indexes as the specifications, types and performance of the construction materials, components, fittings and equipment selected in the design documents shall be indicated and their quality requirements shall conform to the standards prescribed by the State.
Article 57 No building design unit shall designate manufacturers or suppliers of the building materials, building structural pieces and parts and equipment selected in the design documents.
Article 58 Construction enterprises are responsible for the quality of construction projects.
Construction enterprises must carry out construction operation in accordance with design drawings of projects and construction technical standards, and shall not cheat on work and materials. The original design unit shall be responsible for amendment of project design, the construction enterprise shall not amend project design arbitrarily.
Article 59 Construction enterprises shall inspect construction materials, structural components and fittings and equipment pursuant to project design requirements, construction technical standards and contractual agreement, and shall not use construction materials, structural components and fittings and equipment which do not pass inspection.
Article 60 A building must ensure the quality of its ground foundation project and the main part of the structure within its life expectancy of rational use.
Upon completion of a construction project, there shall not be any quality defects such as leaks or cracks in the roofs and walls; the construction enterprise shall repair such quality defects, if found.
Article 61 A completed construction project which is delivered for acceptance inspection shall comply with the stipulated construction project quality standards, there shall be complete technical and economic data of the project and a signed project warranty, and other completion criteria stipulated by the State shall be satisfied.
A construction project may only be delivered for use upon passing acceptance inspection; construction projects which have not undergone acceptance inspection or do not pass acceptance inspection shall not be delivered for use.
Article 62 Construction projects practice the quality warranty system.
The scope of warranty of a construction project shall include the ground foundation project, main structural project, roof waterproofing project and other civil engineering projects as well as installation projects of electrical wiring and water piping and drainage and projects of the heating and cooling systems; the warranty period shall be determined in accordance with the principles of ensuring normal use of the building within its reasonable lifespan and safeguarding the legitimate rights and interests of users. The specific scope of warranty and minimum warranty period shall be stipulated by the State Council.
Article 63 Any unit or individual has the right to report to, file a charge or lodge a complaint with the competent department of construction administration or other departments concerned about quality accidents and quality defects of construction projects.
第七章 法 律 责 任
Chapter 7 Legal Liability
Article 64 For construction on one's own without obtaining a building permit or without obtaining approval of the report for the start of construction in violation of the provisions of this Law, an order shall be issued for making corrections; that which does not conform to the conditions for the start of construction shall be ordered to stop construction and may be imposed a fine.
Article 65 Contract-awarding units which award contracts to contractors which do not possess the corresponding qualification criteria or violate the provisions of this Law in breaking up a construction project for awarding contracts shall be ordered to make correction and be subject to a fine.
For contracting a project beyond the human quality grade of the unit, the violator shall be ordered to stop the illegal act and imposed a fine, it may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, its human quality certificate shall be revoked; where there are illegal gains, they shall be confiscated.
Contractors contracting projects without obtaining a qualification certificate shall be banned and be subject to a fine; illegal income, if any, shall be confiscated.
If a unit uses fraudulent means to obtain a credentials certificate, its credentials certificate will be revoked and a fine will be imposed. If the case constitutes a crime, criminal liability will be pursued in accordance with the law.
Article 66 Any building construction enterprise that transfers or lends its human quality certificate or permits others to contract a project in the name of the enterprise in other forms shall be ordered to make a rectification, its illegal gains shall be confiscated and a fine imposed, and may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked. For losses resulting from non-compliance with the stipulated quality standards for the said contracted project, the construction enterprise and the organisation or individual that uses the enterprise's name shall bear compensation liability jointly and severally.
Article 67 Any contracting unit that subcontracts its contracted project or subcontracts it in violation of the provisions of this Law shall be ordered to make a rectification, its illegal gains shall be confiscated, and a fine imposed, may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked.
Contractors guilty of committing an illegal act stipulated in the preceding paragraph shall bear compensation liability jointly and severally with the transferee unit or subcontractor unit for losses resulting from the non-compliance of the transferred project or illegally subcontracted project with the stipulated quality standards.
Article 68 Whoever seeks bribes, accepts bribes or gives bribes in issuing contract of a project or contracting a project shall, if a crime has been constituted, be investigated of criminal liability; where a crime has not been constituted, fines shall be imposed separately, property of bribes confiscated, and sanctions imposed on the person-in-charge held directly responsible and other persons directly responsible.
In addition to the penalties prescribed in the preceding paragraph, any contracting unit that gives bribes in the contracting of a project may be ordered to suspend operations for consolidation, lower its human quality grade or its human quality certificate revoked.
Article 69 Any project supervision and control unit that acts in collusion with the construction unit or building construction enterprise, practising fraud and lowering project quality shall be ordered to make a rectification, imposed a fine and its human quality grade shall be lowered or the human quality certificate revoked; where there are illegal gains, they shall be confiscated; where losses have been caused, joint responsibility for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law.
Any project supervision and control unit that transfers its supervision and control business shall be ordered to make a rectification, its illegal gains shall be confiscated, it may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked.
Article 70 Any construction of a decoration project without authorization involving the main part of a building or changes in the weight- bearing structure in violation of the provisions of this Law shall be ordered to make a rectification and imposed a fine; where losses have been caused, liability for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 71 Any building construction enterprise that fails to take measures to eliminate the hidden causes of safety accidents in construction in violation of the provisions of this Law shall be ordered to make a rectification and may be imposed a fine; where the circumstances are serious, it shall be ordered to suspend operations for consolidation and lower its human quality grade or its human quality certificate shall be revoked; where a crime has been constituted, criminal liability shall be investigated according to law.
The management personnel of a building construction enterprise who violate rules and regulations by directing or ordering employees to carry out dangerous work will have their criminal liability pursued in accordance with the law if their actions result in an accident where there are serious injuries or fatalities or other serious consequences.
Article 72 Any construction unit that asks the building design unit or building construction enterprise to lower project quality in contravention of construction project quality and safety standards in violation of the provisions of this Law shall be ordered to make a rectification and may be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 73 Any building design unit that fails to design in accordance with construction project quality and safety standards shall be ordered to make a rectification and imposed a fine; the unit that has caused an accident in project quality shall be ordered to suspend operations for consolidation, lower its human quality grade or its human quality certificate shall be revoked, the illegal gains confiscated and a fine imposed; where losses have been caused, liability for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 74 Any building construction enterprise that engages in jerry -building, uses substandard building materials, building structural pieces and parts and equipment or commits other acts of not complying with the design drawings or the technical standards for the construction project in the construction shall be ordered to make a rectification and imposed a fine; where the circumstances are serious, it shall be ordered to suspend operations for consolidation and lower its human quality grade or its human quality certificate shall be revoked; where the quality of the construction project does not conform to the prescribed quality standards, it shall be responsible for rework and repairs and shall compensate for the losses thus caused; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 75 Any building construction enterprise that fails to fulfill its obligations of warranty or delays to fulfill its obligations of warranty in violation of the provisions of this Law shall be ordered to make a rectification, may be imposed a fine, and shall bear the liability of compensation for the losses caused by such quality flaws as leakage and seepage in roofs and on wall surfaces during the warranty period.
Article 76 The administrative penalties of ordering suspension of operations for consolidation, lowering the human quality grade and revoking the human quality certificate prescribed in this Law shall be decided upon by the human quality certificate issuing organ; other administrative penalties shall be decided upon by the competent department of construction administration or the departments concerned in accordance with laws and the terms of reference prescribed by the State Council.
Where a credentials certificate is revoked pursuant to the provisions of this Law, the administration for industry and commerce shall revoke the business licence.
Article 77 Any organ that issues a human quality certificate of a said grade to a unit which does not have the corresponding human quality qualifications in violation of the provisions of this Law shall be ordered by the organ at its next higher level to withdraw the human quality certificate issued and administrative sanctions shall be imposed on the person-in-charge held directly responsible and other persons directly responsible therefor; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 78 Any functionary of the government and its subordinate departments who, in violation of the provisions of this Law, restricts the contract issuing unit in issuing the contract of a project open to invitation to tender for contracting to the designated contracting unit shall be ordered by the organ at the next higher level to make a rectification; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 79 In the event of issuance of a construction permit by the authorities and their personnel responsible for issuance of construction permit for construction project to a construction project which does not satisfy construction criteria and issuance of quality conformance document or acceptance inspection conformance document by the authorities and their personnel responsible for project quality supervision and inspection or acceptance inspection for completed projects to substandard construction projects, the higher-level authorities shall order that correction be made and impose administrative punishment on accountable personnel; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law. The authorities shall bear the corresponding compensation liability for losses caused.
Article 80 Any party that suffers from damage due to substandard quality of a construction project within the life expectancy of rational use of the construction project has the right to claim compensation from the person held responsible.
第八章 附 则
Chapter 8 Supplementary Provisions
Article 81 The provisions of this Law relating to the building permit, building construction enterprise human quality examination and construction project contract issuance and contracting and prohibition of subcontracting as well as construction project supervision and control and construction project safety and quality control apply to construction activities of other specialized construction projects. The specific measures shall be formulated by the State Council.
Article 82 The departments of construction administration and other departments concerned shall not collect fees other than those to be collected pursuant to the relevant provisions of the State Council in the exercise of supervision and control over construction activities.
Article 83 Construction activities of construction projects of small houses determined by People's Governments of provinces, autonomous regions and centrally-administered municipalities may be carried out with reference to this Law.
Renovation of memorial buildings and ancient buildings etc which are approved as heritage conservation pursuant to the law shall be implemented pursuant to the provisions of the relevant laws on heritage conservation.
This Law shall not apply to construction activities of rescue and disaster relief and other temporary housing construction and peasants' self-built low-rise residential buildings.
Article 84 Specific control measures for construction activities of military housing construction projects shall be formulated by the State Council and the Central Military Commission pursuant to this Law.
Article 85 This Law shall go into effect as of March 1, 1998.