In order to implement the opinions of the general office of the State Council on promoting the sustainable and healthy development of the construction industry (GBF [2017] No. 19), accelerate the construction of the credit system of the construction market and standardize the order of the construction market, the Ministry of housing and urban rural development has formulated and issued the Interim Measures on the credit management of the construction market (Jianshi [2017] No. 241), requiring the departments of housing and urban rural development of all provinces and autonomous regions and the construction commissions of municipalities directly under the central government, Beijing Municipal Commission of planning, land and resources and the Construction Bureau of Xinjiang production and Construction Corps shall comply with it.
definition
Construction market credit management
It refers to the identification, collection, exchange, disclosure, evaluation, use, supervision and management of the credit information of all parties in the construction market in the construction activities of housing construction and municipal infrastructure projects.
Main parties of construction market
It refers to the construction unit of the project, the survey, design, construction, supervision and other enterprises engaged in engineering construction activities, as well as the registered practitioners such as registered architects, survey and design registered engineers, registered builders and registered supervision engineers.
The subject includes both enterprises and individuals.
Credit information
It consists of basic information, good credit information and bad credit information.
essential information:
It refers to the registration information, qualification information, project information, registered practitioner information, etc.
Excellent credit information:
It refers to the information such as commendation and reward of administrative organs or mass organizations at or above the county level obtained by all parties in the construction market in engineering construction activities.
Bad credit information:
It refers to the information that the main bodies of the construction market violate relevant laws, regulations, rules or mandatory standards for project construction in engineering construction activities and are subject to administrative punishment by the competent department of housing and urban rural construction at or above the county level, as well as other bad credit information recognized by relevant departments.
What are the requirements and differences in the disclosure period of these credit information?
(1) Long term disclosure of basic information;
(2) The disclosure period of excellent credit information is generally 3 years;
(3) The disclosure period of bad credit information is generally 6 months to 3 years, and shall not be less than the relevant administrative punishment period. The specific disclosure period shall be determined by the recognition Department of bad credit information.
What will be the "blacklist" system of the construction market?
(1) Obtaining enterprise qualification by using false materials or deception;
(2) Being subjected to administrative punishment for subcontracting or lending qualifications;
(3) Major or above engineering quality and safety accidents occur, or two or more major engineering quality and safety accidents occur accumulatively within one year, or major engineering quality and safety accidents with bad nature, serious harm and great social impact are subject to administrative punishment;
(4) After the judgment of the court or the award of the arbitration institution, it is determined that the project payment is in arrears and refuses to perform the obligations determined by the effective legal documents.
In addition, the competent departments of housing and urban rural construction at all levels shall refer to the "blacklist" of the main bodies of the construction market and strengthen the supervision of the main bodies of the construction market listed in the "blacklist" of arrears of migrant workers' wages by the competent departments of human resources and social security.
What kind of punishment will you face if you are included in the "blacklist"?
The competent departments of housing and urban rural construction at all levels shall take the subjects of all parties in the construction market included in the "blacklist" of construction market subjects and the "blacklist" of migrant workers' wages in arrears as key supervision objects, and impose restrictions on market access, qualification management, bidding and other aspects according to law.
The competent departments of housing and urban rural construction at all levels shall not take the subjects of all parties in the construction market included in the "blacklist" of the main bodies of the construction market as the objects of evaluation and commendation, policy pilot and project support.
The competent departments of housing and urban rural construction at all levels may notify the relevant departments of the "blacklist" of the main bodies of the construction market and implement joint punishment.
Are there any other evaluation methods?
According to the measures, the provincial competent department of housing and urban rural construction can carry out the credit evaluation of the construction market in combination with the local actual situation. Third party institutions are encouraged to carry out credit evaluation of the construction market.
The credit evaluation of the construction market mainly includes the comprehensive strength of the enterprise, project performance, bidding, contract performance, project quality control, safe production, civilized construction, good credit information and bad credit information of all parties in the construction market.
What's the use of credit evaluation?
The local competent departments of housing and urban rural development at all levels can apply the credit evaluation results in the work of administrative license, bidding, project guarantee and insurance, daily supervision, policy support, evaluation and commendation, etc. in combination with the local reality.
Division of labor
Ministry of housing and urban rural development
Be responsible for guiding and supervising the construction of the credit system of the national construction market, formulating the credit management rules and regulations of the construction market, establishing and improving the public service platform for the supervision of the national construction market, making public the credit information of all subjects in the construction market, and guiding the provincial competent departments of housing and urban rural construction to carry out the construction of the credit system of the construction market.
Provincial competent department of housing and urban rural construction
Be responsible for the credit management of all parties in the construction market within the administrative region, formulate and organize the implementation of the credit management system of the construction market, establish and improve the integrated supervision platform of the construction market in the region, and supervise and manage the identification, collection, disclosure, evaluation and use of the credit information of all parties in the construction market, And push the credit information of all subjects in the construction market to the national public service platform for construction market supervision.
The full text of the measures is as follows:
Interim Measures for the administration of credit in the construction market
Chapter I General Provisions
Article 1
In order to implement the opinions of the general office of the State Council on promoting the sustainable and healthy development of the construction industry (GBF [2017] No. 19), accelerate the construction of the credit system of the construction market, standardize the order of the construction market, and create a market environment of fair competition, integrity and law-abiding, These measures are formulated in accordance with the construction law of the people's Republic of China, the bidding law of the people's Republic of China, the Interim Regulations on enterprise information publicity, and the outline of the plan for the construction of social credit system (2014-2020).
Article 2
The construction market credit management mentioned in these Measures refers to the identification, collection, exchange, disclosure, evaluation, use, supervision and management of the credit information of all parties in the construction market in the construction activities of housing construction and municipal infrastructure projects.
The main parties of the construction market mentioned in these Measures refer to the construction units of engineering projects and enterprises engaged in survey, design, construction and supervision of engineering construction activities, as well as registered practitioners such as registered architects, survey and design registered engineers, registered constructors and registered supervision engineers.
Article 3
The Ministry of housing and urban rural development is responsible for guiding and supervising the construction of the credit system of the national construction market, formulating the credit management rules and regulations of the construction market, establishing and improving the public service platform for the supervision of the national construction market, disclosing the credit information of all subjects in the construction market, and guiding the provincial competent department of housing and urban rural construction to carry out the construction of the credit system of the construction market.
The provincial competent department of housing and urban rural development shall be responsible for the credit management of all parties in the construction market within its administrative region, formulate and organize the implementation of the credit management system of the construction market, establish and improve the integrated working platform for the supervision of the construction market in the region, and supervise and manage the identification, collection, disclosure, evaluation and use of credit information of all parties in the construction market, And push the credit information of all subjects in the construction market to the national public service platform for construction market supervision.
Chapter II Collection and exchange of credit information
Article 4
Credit information consists of basic information, good credit information and bad credit information.
Basic information refers to registration information, qualification information, project information, registered practitioner information, etc.
Excellent credit information refers to the commendation and reward information obtained by administrative organs or mass organizations at or above the county level in engineering construction activities.
Bad credit information refers to the information that the main bodies of the construction market violate relevant laws, regulations, rules or mandatory standards for project construction and are subject to administrative punishment by the competent department of housing and urban rural construction at or above the county level, as well as other bad credit information recognized by relevant departments.
Article 5
The local competent departments of housing and urban rural development at all levels shall identify, collect, review, update and disclose the credit information of all parties in the construction market within their administrative regions through the provincial construction market supervision integration platform, and be responsible for its authenticity, integrity and timeliness.
Article 6
According to the principle of "who supervises, who is responsible, who produces and who is responsible", the competent department of housing and urban rural construction in the place where the project is located collects the project information and reviews its authenticity according to its responsibilities.
Article 7
The competent departments of housing and urban rural development at all levels shall establish and improve the information push mechanism. Within 7 working days from the date of the generation of good credit information and bad credit information, they shall make it public to the public through the provincial construction market supervision integration working platform according to law, and push it to the national construction market supervision public service platform.
Article 8
The competent departments of housing and urban rural development at all levels shall strengthen their contacts with the development and reform, the people's Bank of China, the people's courts, human resources and social security, transportation, water conservancy, industry and Commerce and other departments and units, accelerate the interconnection of credit information systems, and gradually establish a credit information sharing mechanism.
Chapter III disclosure and application of credit information
Article 9
The competent departments of housing and urban rural construction at all levels shall improve the credit information disclosure system and timely disclose the credit information of all subjects in the construction market through the provincial construction market supervision integration work platform and the national construction market supervision public service platform.
The disclosure of credit information of all parties in the construction market shall not endanger national security, public security, economic security and social stability, and shall not disclose state secrets, trade secrets and personal privacy.
Article 10
The credit information disclosure period of all parties in the construction market is:
(1) Long term disclosure of basic information;
(2) The disclosure period of excellent credit information is generally 3 years;
(3) The disclosure period of bad credit information is generally 6 months to 3 years, and shall not be less than the relevant administrative punishment period. The specific disclosure period shall be determined by the recognition Department of bad credit information.
Article 11
The local competent departments of housing and urban rural construction at all levels shall handle the change of credit information through the provincial construction market supervision integration working platform, and timely push it to the national construction market supervision public service platform.
Article 12
The competent departments of housing and urban rural development at all levels shall make full use of the national public service platform for the supervision of the construction market and establish and improve the incentive and punishment mechanisms for all parties in the construction market to keep their promises. For those with good credit, incentive measures such as giving priority to administrative licensing and simplifying procedures can be implemented according to the actual situation; For those who have serious dishonesty, as the key object of "double random and one open" supervision, strengthen the supervision during and after the event, and take restraint and disciplinary measures according to law.
Article 13
Relevant units or individuals shall use credit information according to law, and shall not use bad credit information beyond the disclosure period to punish the main bodies of all parties in the construction market for dishonesty. If there are other provisions in laws, regulations or departmental rules, such provisions shall prevail.
Chapter IV "blacklist" of construction market entities
Article 14
The competent department of housing and urban rural development at or above the county level shall, in accordance with the principle of "Whoever punishes, who is included", list the main bodies of the construction market in the "blacklist" of the main bodies of the construction market under the following circumstances:
(1) Obtaining enterprise qualification by using false materials or deception;
(2) Being subjected to administrative punishment for subcontracting or lending qualifications;
(3) Major or above engineering quality and safety accidents occur, or two or more major engineering quality and safety accidents occur accumulatively within one year, or major engineering quality and safety accidents with bad nature, serious harm and great social impact are subject to administrative punishment;
(4) After the judgment of the court or the award of the arbitration institution, it is determined that the project payment is in arrears and refuses to perform the obligations determined by the effective legal documents.
The competent departments of housing and urban rural construction at all levels shall refer to the "blacklist" of the main bodies of the construction market and strengthen the supervision of the main bodies of the construction market listed in the "blacklist" of arrears of migrant workers' wages by the competent departments of human resources and social security.
Article 15
For all parties in the construction market that are listed in the "blacklist" of construction market entities, the local competent departments of housing and urban rural construction at all levels shall publish relevant information to the society through the provincial construction market supervision integration platform, including unit name, organization code, individual name, certificate number, administrative punishment decision, listed department, management period, etc.
The provincial competent department of housing and urban rural construction shall push the "blacklist" of construction market entities to the national public service platform for construction market supervision through the provincial construction market supervision integration working platform.
Article 16
The management period of "blacklist" of construction market entities is one year from the date of being listed. If the main bodies of all parties in the construction market repair their dishonesty and do not meet the conditions of being listed in the "blacklist" of the main bodies of the construction market again within the management period, the original listed department shall remove them from the "blacklist".
Article 17
The competent departments of housing and urban rural construction at all levels shall take the subjects of all parties in the construction market included in the "blacklist" of construction market subjects and the "blacklist" of migrant workers' wages in arrears as key supervision objects, and impose restrictions on market access, qualification management, bidding and other aspects according to law.
The competent departments of housing and urban rural construction at all levels shall not take the subjects of all parties in the construction market included in the "blacklist" of the main bodies of the construction market as the objects of evaluation and commendation, policy pilot and project support.
Article 18
The competent departments of housing and urban rural construction at all levels may notify the relevant departments of the "blacklist" of the main bodies of the construction market and implement joint punishment.
Chapter V credit evaluation
Article 19
The provincial competent department of housing and urban rural construction may carry out credit evaluation of the construction market in combination with the local actual situation.
Third party institutions are encouraged to carry out credit evaluation of the construction market.
Article 20
The credit evaluation of the construction market mainly includes the comprehensive strength of the enterprise, project performance, bidding, contract performance, project quality control, safe production, civilized construction, good credit information and bad credit information of all parties in the construction market.
Article 21
The competent department of housing and urban rural construction at the provincial level shall formulate the credit evaluation standards of the construction market in accordance with the principles of openness, fairness and impartiality, and shall not set evaluation indicators that discriminate against all subjects in the foreign construction market, and shall not set credit barriers for all subjects in the foreign construction market.
Encourage the establishment of construction units to evaluate the performance of contractors.
Article 22
The local competent departments of housing and urban rural development at all levels can apply the credit evaluation results in the work of administrative license, bidding, project guarantee and insurance, daily supervision, policy support, evaluation and commendation, etc. in combination with the local reality.
Article 23
The provincial construction market supervision integration working platform shall disclose the credit evaluation methods, evaluation standards and evaluation results of the local construction market, and accept social supervision.
Chapter VI Supervision and Administration
Article 24
The competent department of housing and urban rural development at the provincial level shall appoint a special person or entrust a special agency to be responsible for the collection, disclosure and promotion of credit information of all subjects in the construction market.
Housing and urban rural construction at all levels
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