(Adopted at the Twenty-fourth Meeting of the Standing Committee of the First Shenzhen People’s Congress on August 4, 1994; revised at the Nineteenth Meeting of the Standing Committee of the Second Shenzhen People’s Congress on December 17, 1997 for the first time; revised at the 22nd meeting of the Standing Committee of the Third Shenzhen People’s Congress on February 21, 2003 for the second time; revised at the 32nd meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on July 29, 2004.)
Chapter One General Provisions
Article 1 In order to strengthen the supervision and administration of the quality of construction projects, define the responsibilities relating project quality, ensure the quality of various projects, and protect the rights and interests of all the parties of the construction projects, these regulations are hereby formulated according to the provisions of the Construction Law of the People’s Republic of China and relevant law and statutes, in combination of the actual circumstances of Shenzhen Municipality.
Article 2 The construction projects mentioned in these Regulations include civil engineering projects, building projects, installing projects of lines, pipes and equipments, and the decoration projects.
Article 3 The quality of construction project mentioned in these Regulations refers to the comprehensive requirements for the project’s characteristics, such as the safety, suitability, durability, cost-saving, beauty and environment, as stipulated by law, regulations, rules, technological standards, approved design documents, or contracts made according to law.
Article 4 An administration system of the quality of construction projects shall be established based on the combination of government supervision, social superintendence, and enterprise self-responsibility. It is encouraged by the government to adopt advanced scientific technologies and managerial measures to enhance the quality of projects.
Article 5 Every prospecting, designing, building, supervising and detecting unit cannot undertake any project business until acquiring the corresponding qualification certificate according to law and shall operate within the scope defined by the qualification certificate.
Article 6 The prospecting, designing, building, supervising units and their staff shall be responsible for the project quality according to law. The detecting unit of project quality (hereinafter referred to as the detecting unit) shall be responsible for the authenticity and validity of the detecting data.
Article 7 The government pushes forward the guaranteeing and insurance systems for projects.
Chapter Two Supervision and Administration
Article 8 The municipal administrative departments of construction and planning shall carry out supervision and administration to the quality of construction projects according to their respective functions, duties and project administration authorities. The professional administrative departments of transportation and water affairs shall be responsible for the supervision and administration to the quality of relevant professional projects according to their respective functions and duties.
The administrative department of construction and the administrative departments for professional projects of district people’s government shall carry out supervision and administration to the quality of construction projects according to their respective jurisdiction and project administration authorities.
Article 9 The administrative departments of construction, planning, transportation and water affairs shall cooperate with each other, strengthen the supervision and administration to the project quality and circulate the notice upon finding an activity which is in violation of the provisions of law or rule and shall be investigated and disposed by another administrative department.
Article 10 The system for publicizing the demerits of constructing, exploring, designing, building, supervising, detecting and the construction material producing and supplying units and their working staff shall be established. Related administrative departments shall record the activities which violate the provisions of laws, regulations or rules, and shall publicize them through public media.
Article 11 The municipal administrative department of construction may draft and issue the technical norms for project construction, issue the catalogues of technologies, crafts and products which shall be promoted, restricted or prohibited to use, popularize the new technologies, products, equipments and crafts which can improve project quality according to the actual circumstances of project construction in Shenzhen Municipality.
Article 12 The supervisory administration system for the quality of construction projects shall be carried out. The work of supervision and administration for the quality of construction projects shall be carried out by the administrative department of construction, other administrative department of professional projects or their entrusted supervisory institution of the quality of construction projects (hereinafter referred to as the quality supervisory institution).
Article 13 The quality supervisory institution shall carry out supervision and administration to the quality of construction according to the following rules:
1. receiving the applications from development units for transacting the formalities of quality supervision and administration of construction projects;
2. drafting the working scheme of project quality supervision, appointing quality supervisors, and informing the construction, exploring, designing, building and supervising units;
3. examining the legal construction procedures of projects, the qualification of every construction party and their working staff, examining the consistency of relevant quality document and technical materials with the provisions, and examining the completion of relevant quality guaranteeing system and quality responsibility system;
4. examining the base of ground, main structure and other key part relating structure safety, and examining the quality of main construction materials, construction fittings and equipments;
5. supervising the acceptance check to the base of ground, main structure and the partial project relating structure safety, and the acceptance check to the project.
Article 14 When the administrative department of construction, administrative departments for professional projects or quality supervisory institution implements its functions and duties of quality supervision and examination, it shall have the rights of adopting the following measures:
1. requiring the examined unit to provide relevant document and materials of project’s quality;
2. entering the construction site for examination;
3. ordering the unit to make correction or to stop construction and make rectification upon finding a problem affecting project’s quality;
4. sealing, detaining the construction materials, construction fitting or equipments which have quality problem at the construction site, and making a decision of destroying or degrading them within 3 days.
Chapter Three Quality Responsibilities of Development Units
Article 15 Development unit shall contract its project to a unit with corresponding qualification, may not separate the project for contraction, may not force a contractor to bid with a price lower than the cost, and may not shorten the construction period unreasonably.
Article 16 No unit or individual may arbitrarily revise the designing document which involves the mandatory standards of location, elevations, levels, flats, using functions, structure, public interests, public safety or project construction and has been examined and approved. The designing document may only be revised when necessary and after the original designing unit or a designing unit with the corresponding qualification drafts a revised version and gets it examined and approved by the original administrative department.
The provisions of the preceding paragraph shall also apply to the construction projects of city planning, transportation and water affairs when a revision involves scale, level, direction, craft designing or equipment capacity is required.
Article 17 If the main body or supporting structure of building requires to be changed in a construction project, the development unit shall entrust the original designing unit or a designing unit with the corresponding qualification to draft designing document and get the document examined and approved before the changing.
Article 18 If the contract price of a construction project is higher than 300 thousand yuan, the development unit shall apply for the construction license before starting according to relevant provisions, and may not start the project not listed in the construction license.
If the contract price of a construction project is lower than 300 thousand yuan but involves public interests, such as the construction project of bridge, tunnel, under crossing, gas pipeline, boiler, pressure vessel or pressure pipeline, the procedures of applying for the construction license stipulated in the preceding paragraph shall be transacted.
Article 19 Before making a contraction agreement with the project contracting unit, the development unit shall provide payment guarantee by a financial, insurance or guaranteeing unit to the project contracting unit. The construction license may not be issued if there is no payment guarantee.
Article 20 The development unit shall be responsible for the quality of construction materials, fitting and equipments which are provided by it.
No development unit may require the building unit to use unqualified construction material, fitting or equipment by implication or expression, or require the building unit to violate any compulsory standard of construction project to degrade the quality of the project by implication or expression. The designing unit and building unit shall reject such requirements hereinbefore.
Chapter Four the Quality Responsibilities of Exploring and Designing Units
Article 21 Every exploring, designing unit shall, in consistence with the compulsory standards of project construction, carry out exploration or designation according to the license of using land for construction, the license of planning and the exploring or designing requirements of project construction, and shall be responsible for the exploring or designing quality.
Article 22 The exploring or designing document shall satisfy the following requirements:
(1) in consistence with the provisions of law, regulations and rules;
(2) in consistence with the technical standards of exploration or designation and with the contract;
(3) providing true and correct materials on geology, measuring and hydrograph;
(4) satisfying the technical requirements at the designing stage, having supporting construction drawings, clear details and nodes, and clear and complete explanations.
Article 23 The designing unit may not choose a construction material, fitting or equipment in its designing document, which is prohibited to use by the catalogue issued by the national, provincial or municipal administrative department of construction, and may not appointing the producing unit or supplying unit, except that there is special requirement on the construction material, professional equipment or craft producing line.
Article 24 The exploring and designing units shall participate in the joint examination for drawing, tell the construction and supervising units about their real intentions, and participate in the acceptance check of the basic project of groundwork.. The designing unit shall also participate in the acceptance check for the projects of main structure and important structure.
Article 25 The insurance system for designing responsibilities shall be established and popularized. The designing unit shall cover the insurance according to relevant provisions. The specific rules of the insurance system shall be made by the municipal people’s government.
Chapter Five the Quality Responsibilities of Construction Units
Article 26 The construction unit shall establish and improve the quality guaranteeing system, strengthen the management to construction quality, carry out construction strictly according to the relevant project technical standards and designing documents, and establish the internal quality responsibility system. The legal representative of a construction unit shall be responsible for the quality of the entire project.
Article 27 The construction unit may not enter the construction site if there is no construction license.
Article 28 The construction unit shall provide a contract performing assurance to its client, which is issued by a financial, insurance or guaranteeing institution. If the project is split into parts, every sub-contracting unit shall provide the contract performing assurance to the chief contracting unit. The chief contracting unit shall provide contract paying assurance to all sub-contracting units.
Article 29 The construction unit shall construct according to the compulsory standards of project construction, and the designing document of construction drawing which is examined and approved, may not cheat on labor and materials, may not take substandard products as fine products or revise the designing documents arbitrarily.
Article 30 The construction unit shall establish and improve the inspection system for construction quality, manage working procedures strictly, examine the quality of item projects, part projects and hidden projects and record the results. If the examination involves a test block or piece relating structure safety, the sample shall be selected according to rules, under the supervision or witness by the construction unit or supervisory unit, and be delivered to the detecting unit with corresponding qualification by a witness or by itself with a witness.
The construction unit shall inform its client or supervisory unit 24 hours before the acceptance check of an item, part or hidden project is carried out.
Article 31 The construction unit shall establish a detesting system for construction materials, fittings and equipments when they enter the construction site.
The construction unit shall detest the construction materials, fittings and equipments entering the construction site, and get the result be recognized and signed by the supervisory engineer.
The construction unit shall deliver the main construction materials, fittings and equipments which will be used in the project to a detesting unit with corresponding qualification to testify, and may not use them until they pass the test.
Article 32 The construction unit shall use bulk cement, pre-mixed concrete and new-style walling material as regulated.
No construction unit may use any construction material, fitting or equipment which is disqualified or listed in the prohibition catalogue issued by the administrative department of construction. If a construction unit wants to use an imported construction material, fitting or equipment, it shall satisfy the relevant national standards and has the qualification certificate issued by the administrative department of commercial circle.
Every construction unit shall have the right to refuse using a disqualified construction material, fitting or equipment as required by its client.
Article 33 If a construction material, fitting or equipment can not satisfy the technical standards or designing requirements after being tested, the construction unit shall seal it on the site, make a record, inform the supervisory unit in time and report the situation to the quality supervision organ, the administrative department of construction or the administrative department of relevant professional project to deal with.
Article 34 If a project quality accident occurs, the construction unit shall report the situation to the quality supervision organ, the administrative department of construction or the administrative department of relevant professional project within 24 hours.
Article 35 Before the acceptance check, the construction unit shall inlay a permanent nameplate of responsibility at a conspicuous place of the building according to the specific requirements stated in the designing drawing, and shall record the title of the project, the names of owner, and the prospect, designing, construction and supervisory units, the name of the responsible person for the project, and the completion date of the project.
Article 36 The construction unit shall employ a person to collect project file and materials.
Chapter Six the Quality Responsibilities and Obligations of Supervisory Units
Article 37 The supervisory unit shall supervise over the construction quality on behalf of the project’s development unit according to the provisions of law, regulations and relevant technical standards, the designing documents which has been examined and approved, the contracting agreement of the construction project and the supervision contract, and shall be responsible for the supervision.
Article 38 The supervisory unit shall organize the acceptance check to the subentry, partial and hidden projects of pile foundation, base foundation, main structure or important structure, and shall inform the construction, prospecting, designing units and the quality supervisory organ to take part in.
Article 39 The supervisory unit shall have the right to carry out selective examination to the construction material, fitting or equipment which is used in the construction if it has any suspicion to its quality, shall adopt measures to stop the disqualified material, fitting or equipment to be used, and shall report to the quality supervisory organ or relevant administrative department in time if it fails to stop.
Article 40 If a construction unit fails to construct according to the examined and approved designing document or commits another illegal activity, the supervisory unit shall adopt measures to stop it, and shall inform the project’s owner in time, and report the situation to the quality supervisory organ and relevant administrative department.
If the project’s development unit gives out an instruction in violation of the provisions of law, regulations or compulsory technical standards, the supervisory unit shall refuse to execute it. If the project’s development unit gives out the instruction mentioned above directly to the construction enterprise, the supervisory unit shall report the situation to the quality supervisory organ and relevant administrative department in time.
Chapter Seven the Quality Responsibilities and Obligations of Detecting Units
Article 41 The detecting unit refers to the professional institution which has acquired the national measurement authentication with corresponding qualification certificate, and engages in the detecting of project’s quality after entrusted by a unit or individual according to the law, regulations and technical standards.
Article 42 No detecting unit may allow another unit or individual to undertake detecting business in its name, or undertakes detecting businesses in the name of another detecting unit.
No detecting unit may transfer its detecting businesses.
Article 43 A detecting unit may carry out detection or supervision to the construction materials, fittings or equipments and project’s quality according to the entrustment by the relevant administrative department or quality supervisory organ.
Article 44 The detecting report shall be signed by the qualified detector, examiner and approver, and shall be stamped by the special stamp for detection.
The sampling and detection system shall be carried out in the project detection. The detecting unit shall record the testimony and sampling situation faithfully and comprehensively.
No detecting unit may fabricate any detecting data or conclusion.
Article 45 Detecting unit shall separately establish a standing book for unqualified detecting items, and inform supervisory unit, construction unit and quality supervisory organ in time upon discovering an unqualified item. If the unqualified item will threaten the safety of project’s structure, the detecting unit shall report to the quality supervisory organ, and deliver the copied report to the administrative department of construction or the administrative department of relevant special project.
Article 46 Detecting unit shall establish strict managerial system for archive. The detecting contracts, commission order, original record and detecting report shall be accordantly numbered separately according to the year. The number shall be consecutive and connective, and may not be erased, modified or removed at will.
Chapter Eight the Quality Responsibilities and Obligations of Construction Project’s Staff
Article 47 Any architect, structure engineer, geotechnical engineer, building engineer, supervisory engineer or cost estimator who wants to engage in construction businesses shall acquire corresponding professional qualification and be registered according to law, and shall practice within the stipulated scope.
Any technical person who wants to engage in construction, quality, safety or detecting businesses shall acquire corresponding post certificate and work with it.
Any worker who wants to engage in construction activities shall pass the corresponding professional appraisal and work within the stipulated scope.
Article 48 Every registered employed person shall only practice business in the unit he registered, and may not allow another person to practice in his name.
No one may practice businesses as a registered person if he is not registered.
Article 49 Employed person of construction project shall fulfill his obligations and take responsibilities for his business activities according to the provisions of law, regulations and professional standards.
Article 50 Architect, structure engineer and geotechnical engineer shall signed or stamped on relevant designing document according to their respective responsibilities, and shall be responsible for the project’s quality defection and accident caused by the unqualified designing.
Supervisory engineer shall be responsible for the construction quality document he signed.
Other registered employed person shall sign on the document under his responsibilities and be responsible for the quality of the corresponding project.
Article 51 The project’s manger shall be the person directly liable for the construction quality of the project, and shall manage the project’s construction during the whole process according to the authorization by the enterprise’s legal representative.
Article 52 Detector shall be responsible for the accuracy and authenticity of the detecting data. The person who examines and approves shall be responsible for the detecting report.
Article 53 Every employed person of construction project shall participate the continuing education according the national provisions.
Chapter Nine the Acceptance Check and Record of Construction Project
Article 54 The acceptance check of construction project includes the acceptance check of house building project (including the acceptance check of indoor environment quality), and the acceptance check of civil, traffic and water construction project.
The requirements, procedures and forms of the acceptance check of civil, traffic and water construction project shall be carried out according to the relevant provisions of law, regulations and rules.
Article 55 The requirements of acceptance check for house building project are as follows:
1. finishing all the items stipulated in the designing document and contract of the house building project;
2. having complete technical archive and construction managerial materials;
3. having the entering testing report for the main construction materials, fittings and equipments used in the project;
4. having the quality certificate signed by the prospecting, designing, construction and supervisory units;
5. having the guaranteeing letter signed by the construction unit.
The house building project may not be put into use until it passes the acceptance check and acquires the qualification certificate of fire-prevention, elevator and gas projects, or the document of use approving.
The municipal government may set down specific measures about the acceptance check of house building project.
Article 56 The acceptance check of house building project shall be carried out according to the following procedures:
1. after the development unit carries out the self-check, and the project passes the preliminary check organized by the supervisory unit, the construction unit shall submit the construction completion report to the project’s owner;
2. the project’s development unit shall organize the relevant units, such as the designing, construction and supervisory units, to carry out acceptance check after it receives the completion report.
Article 57 If a project’s development unit organizes the acceptance check of house building project, it shall inform the quality supervisory organ to participate 3 days ahead.
The quality supervisory organ shall arrive at the site to supervise the acceptance check on the due day, and shall order the project’s development unit to make correction upon discovering an activity in violation of the administrative rules on project’s quality or discovering that the project’s quality is unqualified. If necessary, the quality supervisory organ shall order the project’s development unit to re-organize the acceptance check.
The quality supervisory organ shall issue a supervisory report on project’s quality within 3 days after the project passes the acceptance check.
Article 58 The competent department who is responsible for the acceptance check of fire-prevention, elevator or gas project of a house building project shall finish the acceptance checks and issue written acceptance opinion within 20 days upon receiving the acceptance application submitted by the project’s development unit.
Article 59 The project’s development unit shall file the completion and acceptance check reports, relevant qualification certificate or document of use approving to the administrative department of construction for record within 15 days upon the acceptance check of house building project and the acceptance checks of fire-prevention, elevator and gas are passed.
If the administrative department of construction finds out that the project’s development unit violates the provision of administrative laws or regulations on construction project’s quality, it shall stop the project to be used, shall order the owner to re-organize the acceptance check and to go through the record formalities again.
Article 60 After the house building project passes the acceptance check, the project’s development unit shall transfer the project completion archive to the department of managing city construction archive within 3 months.
Chapter Ten the Quality Guarantee of Construction Project and Appraisal of Structure Safety
Article 61 The quality guarantee system shall be carried out in project construction. The quality guarantee period shall be determined according to law. If law and regulations have no such provisions, the project’s development and construction units may determine the quality guarantee period, which shall not be shorter than 2 years, by negotiation.
The quality guarantee period shall be counted from the date when the project passes the acceptance check.
Article 62 The construction unit shall issue a letter of quality guarantee, which can indicate the guarantee deposit, to the project’s development unit, which shall refund the deposit to the construction unit 2 years after the quality guarantee period begins. The quality guarantee obligations of the construction shall not be exempted even if the deposit is refunded.
Article 63 The quality guarantee and insurance system shall be carried out in the construction of groundsill base project and main body project of house building, and in the civil, traffic, water affair projects. The specific measures shall be made by the municipal people’s government.
Article 64 If there is any quality defect found in the quality guarantee period, the project’s construction unit shall be responsible for fixing it, while the liable unit shall pay for the reparation. The specific guaranteeing procedures are as follows:
1. the project’s use-rights holder or owner files a guarantee application to the project’s development unit or the real-estate managing unit entrusted by the development unit, or directly request the project’s construction unit to fulfill the guarantee obligations.
2. the development unit or the real-estate managing unit entrusted by the development unit shall immediately inform the project’s construction unit to fulfill the guarantee obligations.
3. the construction unit shall arrive at the site to investigate within 5 days upon receiving the information and make reparation, and shall make first-aid reparation immediately if there is any emergent accident that concerns the structure safety or may effect functions seriously.
If the construction unit fails to arrive at the site in time, the development unit may entrust another qualified construction unit to repair. The reparation expense shall be paid by the liable unit.
Article 65 If there is any one of the following circumstances when the construction project is in use, an appraisal on structure safety shall be carried out:
1. the structure safety may be affected by fire, explosion or nature disaster;
2. the house is changed into a place for public entertainment;
3. the house’s safety is endangered because its main body structure is changed or the house loading increase obviously by decoration or fitment;
4. the construction project’s structure is damaged seriously or its support component is in danger of losing its ability of supporting or stabilizing the structure thus the using safety can not be ensured;
5. the construction unit is continuously used after the reasonable using period stipulated in the designing expires.
Article 66 The structure safety appraisal for construction project shall be carried out by qualified quality appraisal institution. The appraisal conclusion shall be objective and authentic, and shall be submitted to related administrative competent department for record.
Article 67 If a construction project is considered as dissatisfying the safe using standards after its structure security has been appraised, related administrative competent department shall make a disposing decision of using under observation, using after rectification, stopping using or dismantling wholly respectively in corresponding circumstances.
Article 68 If a construction project has serious hidden safety problem, related administrative competent department shall order the project not be used temporarily before the appraisal conclusion is made.
Chapter Eleven Legal Responsibilities
Article 69 If the construction unit commits any one of the following activities, it shall be ordered to make correction and be punished according to the following rules:
1. anyone who enters into the site to construction without any permission license, in violation of the provisions of Article 27 of these Regulations, shall be imposed a fine of 10,000 to 30,000 yuan;
2. anyone who fails to seal the construction material, fitting or equipment, which can not satisfy the technical standards or designing requirements on the site, transfers it without approval or uses it for other purposes, in violation of the provisions of Article 33 of these Regulations, shall be imposed a fine of 10,000 to 30,000 yuan;
3. anyone who fails to report in time when there is a quality accident, in violation of the provisions of Article 34 of these Regulations, its main leader shall be imposed administrative responsibility according to law.
Article 70 If a supervisory unit fails to stop or report the activity of using construction material, fitting or equipment which breaks the rules, in violation of the provisions of Article 39 of these Regulations, it shall be ordered to make correction and be imposed a fine of 20,000 to 30,000 yuan .
If a supervisory unit fails to stop or report the construction unit’s activity of constructing not in accordance with the designing documents examined and approved, or other activities in violation of laws or rules, or obeys or fails to report the construction unit’s command which violates the provisions of laws, rules or compulsory technical standards, it shall be ordered to make correction and be imposed a fine of 20,000 to 30,000 yuan.
Article 71 If a detecting unit commits any one of the following activities, it shall be ordered to make correction, and be punished according to the following rules:
1. anyone who undertakes detecting businesses without acquiring the qualification certificate according to law, in violation of the provisions of Article 5 of these Regulations, shall be banned and be imposed a fine of 5,000 to 30,000 yuan;
2. anyone who undertakes detecting businesses in the name of another detecting unit, or allows another unit or individual to undertake detecting businesses in its name, or transfers out its detecting businesses, in violation of the provisions of Article 42 of these Regulations, shall be ordered to make correction, be confiscated its illegal gains, and be imposed a fine of 5,000 to 30,000 yuan;
3. anyone who fabricates detecting data or conclusion, or issues false certificate, in violation of the provisions of Paragraph 3, Article 44 of these Regulations, shall be revoked its qualification certificate, be confiscated its illegal gains and be imposed a fine of 10,000 to 20,000 yuan, and shall be investigated for criminal responsibilities if there is a crime.
Article 72 Anyone who does not register but practices in the name of a registered one, or allows another to practice in its name, in violation of the provisions of Article 47 or 48 of these Regulations, shall be ordered to make correction, be confiscated its illegal gains and be imposed a fine of 5,000 to 30,000 yuan.
Article 73 If a staff member of construction project fails to fulfill his duties as regulated in the construction process, or refuses to obey management, or violates relevant rules, systems or operating procedure norms, he shall be criticized, educated and punished by the unit he belongs to according to relevant rules.
Article 74 If a detector practices fraud about the detecting data or conclusion, in violation of the provisions of Article 52 of these Regulations, he shall be imposed a fine of 10,000 to 50,000 yuan.
Article 75 If a prospecting, designing, constructing, supervising or detecting unit causes a quality defection or accident and personal or property loss, it shall undertake the compensation liabilities according to law. If a registered practicing person has fault, he shall undertake joint liabilities with the unit hiring him.
Article 76 If a development unit refuses to accept a guarantee application, delays to inform the construction unit to repair, or a construction unit refuses or delays to repair and causes damage, in violation of the provisions of Article 64 of these Regulations, it shall undertake the compensation liabilities according to law.
Article 77 Anyone who undertakes project’s structure safety appraisal without qualification, in violation of the provisions of Article 66 of these Regulations, shall be banned and confiscated its illegal gains. If a quality appraisal institution practices fraud and issues false conclusion, in violation of the provisions of Article 66 of these Regulations, it shall be revoked its qualification certificate, confiscated its illegal gains and be imposed a fine of 10,000 to 20,000 yuan, and shall be investigated for criminal responsibilities if there is a crime.
Article 78 If a quality supervisory organ or its staff fail to fulfill duties, in violation of the provisions of law, regulations or rules on the quality of construction project, they shall be ordered to make correction, and shall undertake the compensation liabilities if thus causes a project’s quality defection or accident and causes personal or property loss.
Article 79 The punishments regulated in these Regulations, such as ordering to suspend operation for rectification, degrading qualification level and revoking qualification certificate, shall be made by the competent department issuing the certificate. The punishments regulated in these Regulations for the activities in violation of the rules on the quality of project prospecting or designing shall be made by the administrative department of planning according law. The rest punishments shall be made by the administrative competent department of construction or of relevant professional project.
Article 80 If a staff member of national organ neglects his duty, abuses his power, asks and accepts bribe, in violation of the provisions of these Regulations, he shall be investigated for administrative responsibilities by the administrative supervisory department, and shall be investigated for criminal responsibilities if there is a crime.
Article 81 Other activities in violation of the provisions of these Regulations shall be punished according to the related provisions of national law and regulations.
Chapter Twelve Supplementary Provisions
Article 82 These Regulations shall enter into effect as of July 1, 2003.
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