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Construction Law of the People’s Republic of China

2018-09-17View Original

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Construction Law of the People’s Republic of China, Principal Order of the People’s Republic of China No. 46: The “Decision of the Standing Committee of the National People’s Congress on Amending the Construction Law of the People’s Republic of China” was adopted at the 20th meeting of the Standing Committee of the 11th National People’s Congress of the People’s Republic of China on April 22, 2011. It is hereby promulgated and shall come into force as of July 1, 2011.     People’s Republic of China* ** April 22, 2011 Building Law of the People’s Republic of China (Adopted at the 28th meeting of the Standing Committee of the Eighth National People’s Congress on November 1, 1997; amended in accordance with the Decision on Amending the Building Law of the People’s Republic of China adopted at the 20th meeting of the Standing Committee of the Eleventh National People’s Congress on April 22, 2011) Table of Contents Chapter I General Provisions Chapter II Construction Permits Section 1 Permits for Construction Projects Section 2 Qualifications for Practitioners Chapter III Assignment and Contracting of Construction Projects Section 1 General Provisions Section 2 Project Assignment Section 3 Project Contracting Chapter IV Supervision of Construction Projects Chapter V Management of Safety in Construction Chapter VI Quality Management of Construction Projects Chapter VII Legal Responsibilities Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in order to strengthen the supervision and management of construction activities, maintain order in the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry.     Article 2: This Law shall be complied with when engaging in construction activities within the territory of the People’s Republic of China and when exercising supervision and management over such activities.     The construction activities referred to in this Law mean the construction of various types of buildings and their auxiliary facilities, as well as the installation of the associated circuits, pipelines, and equipment.     Article 3: Construction activities shall ensure the quality and safety of construction projects, in compliance with the ** construction project safety standards.     Article 4: **Support the development of the construction industry; encourage research in construction science and technology; improve the design level of buildings; promote energy conservation and environmental protection; and advocate the use of advanced technologies, equipment, processes, new building materials, and modern management methods.**     Article 5: Those engaged in construction activities shall abide by laws and regulations, and shall not harm the public interest or the legitimate rights and interests of others.     No unit or individual shall obstruct or hinder construction activities carried out in accordance with the law.     Article 6: The administrative department in charge of construction under the State Council shall exercise unified supervision and management over construction activities across the country.        Chapter 2 Construction Permits Section 1 Permit for the Construction of Building Projects Article 7 Before commencing construction of a building project, the project owner shall, in accordance with relevant regulations, apply to the construction administrative department of the people’s government at or above the county level where the project is located for a construction permit ; However, this does not apply to small projects below the limits set by the construction administrative department of the State Council.     For construction projects for which the start-up report is approved in accordance with the authorities and procedures stipulated by the State Council, a construction permit is no longer required.     Article 8: To apply for a construction permit, the following conditions must be met: (1) The approval procedures for the land used for the construction project have been completed ;     (II) For construction projects within the urban planning area, a planning permit has already been obtained ;     (III) In cases where demolition is required, the progress of such demolition meets the construction requirements ;     (IV) Construction enterprises that have been identified ;     (5) There are construction drawings and technical documents sufficient to meet the construction requirements ;     (VI) Specific measures to ensure project quality and safety ;     (7) The construction funds have been secured ;     (8) Other conditions stipulated by laws and administrative regulations.     The construction administration department shall issue a construction permit for applications that meet the requirements within 15 days from the date of receipt of the application.     Article 9: The construction entity shall commence construction within three months from the date of obtaining the construction permit. If commencement cannot take place on schedule for certain reasons, an application for an extension should be submitted to the issuing authority ; Extensions are permitted up to two times, each not exceeding three months. If work does not commence and no extension is applied for or the extension deadline is exceeded, the construction permit shall lapse automatically.     Article 10: If construction of a building project under progress is suspended for some reason, the project owner shall report to the issuing authority within one month from the date of suspension, and shall carry out proper maintenance and management of the building project in accordance with relevant regulations.     When construction work resumes, it shall be reported to the issuing authority ; Before resuming construction on a project that has been suspended for one year or more, the construction entity shall submit the construction permit to the issuing authority for verification.     Article 11: For construction projects for which the start-up approval has been granted in accordance with relevant regulations of the State Council, if construction cannot commence on schedule or is suspended for some reason, the situation shall be reported promptly to the approving authority. If construction cannot commence on schedule for more than six months due to certain reasons, the approval procedures for the construction start report must be carried out again.     Section 2 Qualifications for Practice Article 12 Construction enterprises, surveying units, design units, and project supervision units that engage in construction activities shall meet the following conditions: (1) They must have registered capital that complies with ** regulations ;     (II) Professional and technical personnel with the required legal qualifications appropriate to the construction activities they carry out ;     (III) Possess the technical equipment necessary for carrying out relevant construction activities ;     (IV) Other conditions stipulated by laws and administrative regulations.     Article 13: Construction enterprises, surveying units, design firms, and project supervision units that are engaged in construction activities are classified into different qualification levels based on criteria such as their registered capital, professional technical personnel, technical equipment, and experience in completing construction projects. Only after passing the qualification assessment and obtaining the corresponding qualification certificate can they carry out construction activities within the scope permitted by their respective qualification levels.     Article 14 Professional technicians engaged in construction activities shall obtain the corresponding professional qualification certificates in accordance with the law, and engage in construction activities within the scope permitted by such certificates.        Chapter 3 Assignment and Contracting of Construction Projects Section 1 General Provisions Article 15 The party assigning a construction project and the party contracting it shall enter into a written contract in accordance with the law to clarify their respective rights and obligations.     The contracting party and the contractor shall fully fulfill the obligations stipulated in the contract. Those who fail to fulfill their obligations as stipulated in the contract shall bear liability for breach of contract in accordance with the law.     Article 16: Tendering and bidding activities for the awarding of construction projects shall follow the principles of openness, fairness, and equal competition, so as to select the best contractor.     For the bidding process in construction projects, where this law does not provide provisions, the relevant laws on bidding shall apply.     Article 17: The contracting entity and its staff shall not accept bribes, kickbacks, or seek other benefits in the contracting of construction projects.     Contracting units and their staff shall not secure projects through improper means such as bribing the employer and its staff, offering kickbacks, or providing other benefits.     Article 18: The cost of construction projects shall be agreed upon by the employer and the contractor in the contract in accordance with **relevant regulations. In the case of public bidding, the provisions regarding the cost must comply with the laws governing bidding processes.     The contracting party shall disburse the project funds in a timely manner in accordance with the terms of the contract.     Section 2 Contracting Out Article 19 Construction projects shall be contracted out through bidding in accordance with the law; those that are not suitable for bidding can be contracted out directly.     Article 20: Where a construction project is subject to public bidding, the contracting party shall, in accordance with the statutory procedures and methods, issue a bidding announcement and provide bidding documents that include the main technical requirements for the project, the key contract terms, the criteria and methods for evaluating bids, as well as the procedures for bid opening, bid evaluation, and awarding the contract.     The bid opening shall be conducted publicly at the time and place specified in the tender documents. After the bid opening, the bids shall be evaluated and compared in accordance with the evaluation criteria and procedures specified in the tender documents, so as to select the winning bidder from among those bidders who meet the corresponding qualification requirements.     Article 21: The opening, evaluation, and selection of bids in construction project tenders shall be organized and carried out by the project owner in accordance with the law, under the supervision of the relevant administrative authorities.     Article 22: Where a construction project is awarded through bidding, the awarding party shall assign the project to the contractor that has won the bid in accordance with the law. In the case of direct contracting for construction projects, the contracting party shall assign such projects to contractors that possess the appropriate qualifications.     Article 23: ** and its affiliated departments shall not abuse their administrative power to force the contracting entity to award construction projects through bidding to designated contractors.     Article 24: General contracting for construction projects is encouraged, and the fragmentation of construction projects for separate contracting is prohibited.     The employer of a construction project can assign all tasks related to the project’s survey, design, construction, and equipment procurement to one general contractor, or it can assign one or more of these tasks to a general contractor ; However, a construction project that should be completed by one contractor shall not be divided into several parts and assigned to multiple contractors.     Article 25: Where, in accordance with the contract agreement, the building materials, construction components, and equipment are to be purchased by the project contractor, the employer shall not designate which building materials, construction components, and equipment the contractor should purchase for the project, nor shall it designate any particular manufacturer or supplier.     Section 3 Contracting Article 26 A unit that contracts to carry out construction work shall hold a qualification certificate obtained in accordance with the law, and shall undertake projects within the scope of business permitted by its qualification level.     Construction enterprises are prohibited from undertaking projects beyond the scope of business permitted by their own qualification levels, or from contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other entities or individuals to use their qualification certificates or business licenses in any form, so as to undertake projects in the name of the enterprise.     Article 27: Large-scale construction projects or those with complex structures may be jointly contracted by two or more contracting units. The parties involved in a joint contract bear joint and several liability for the performance of the contract.     When two or more entities with different qualification levels enter into a joint contract, they shall undertake the project within the scope of business permitted by the entity with the lower qualification level.     Article 28: It is prohibited for a contracting entity to subcontract all of the construction projects it has contracted to others, and it is also prohibited for such an entity to break down all of the construction projects it has contracted and subcontract them separately to others under the guise of subcontracts.     Article 29: The general contractor for construction projects may subcontract part of the work under contract to subcontractors that possess the corresponding qualifications ; However, except for the subcontracting stipulated in the general contract, it must be approved by the project owner. In cases of general construction contracting, the construction of the main structure of the building must be carried out by the general contractor itself.     The general contractor for construction projects is liable to the project owner in accordance with the terms of the general contract ; The subcontractor is liable to the general contractor in accordance with the provisions of the subcontract. The general contractor and the subcontractors shall bear joint liability to the project owner for the subcontracted work.     General contractors are prohibited from subcontracting projects to entities that do not possess the appropriate qualifications. Subcontractors are prohibited from further subcontracting the projects they have been assigned.        Chapter 4 Construction Project Supervision Article 30 **The implementation of construction project supervision shall be established.     The State Council may prescribe the scope of construction projects subject to mandatory supervision.     Article 31: For construction projects subject to supervision, the project owner shall entrust an engineering supervision unit with the appropriate qualifications to carry out the supervision. The construction entity and the engineering supervision unit it entrusts shall enter into a written supervision contract.     Article 32: Construction project supervision shall, in accordance with laws, administrative regulations, relevant technical standards, design documents, and construction project contracts, supervise the contracting entity on behalf of the construction unit regarding aspects such as construction quality, construction schedule, and the utilization of construction funds.     If the project supervision personnel believe that the construction work does not meet the design requirements, construction technical standards, and contractual provisions, they have the right to require the construction company to make corrections.     If the engineering supervisor finds that the design does not meet the quality standards for construction projects or the quality requirements specified in the contract, they shall report to the project owner and request the design unit to make corrections.     Article 33: Before carrying out construction project supervision, the project owner shall notify in writing the construction enterprise under supervision of the entrusted supervision unit, the scope of supervision, and the supervisory authorities.     Article 34: Engineering supervision agencies shall undertake engineering supervision tasks within the scope of supervision permitted by their qualification level.     The engineering supervision unit shall, upon the entrustment of the construction party, carry out its supervision tasks objectively and impartially.     The project supervision unit shall have no subordinate relationship or any other conflicting interests with the contracting unit of the project under supervision, as well as with the suppliers of building materials, prefabricated components, and equipment.     Engineering supervision agencies shall not transfer their engineering supervision services.     Article 35: If a project supervision unit fails to fulfill its supervision obligations as stipulated in the supervision contract, fails to inspect the items that should be inspected or fails to conduct such inspections in accordance with the regulations, thereby causing losses to the project owner, it shall bear corresponding liability for compensation.     If the engineering supervision unit colludes with the contracting unit to secure illegal benefits for the latter, thereby causing losses to the project owner, it shall bear joint and several liability for compensation together with the contracting unit.        Chapter 5 Safety Management in Construction Projects Article 36: Safety management in construction projects must adhere to the principle of giving top priority to safety and focusing on prevention, and it is necessary to establish and improve systems for assigning responsibilities regarding safety as well as systems for collective prevention and control.     Article 37: Architectural design shall comply with the building safety regulations and technical standards established in accordance with **provisions, to ensure the safety performance of the project.     Article 38: When preparing a construction organization plan, construction enterprises shall formulate corresponding safety technical measures based on the characteristics of the construction project ; For engineering projects requiring high levels of professionalism, a special safety construction organization design should be prepared, and safety technical measures should be implemented.     Article 39: Construction enterprises shall take measures at the construction site to maintain safety, prevent hazards, and avoid fires ; Where possible, closed management should be implemented at the construction site.     If the construction site may cause damage to adjacent buildings, structures, or special working environments, construction companies shall take safety protection measures.     Article 40: The construction entity shall provide construction enterprises with information on underground pipelines related to the construction site, and the construction enterprises shall take measures to protect them.     Article 41: Construction enterprises shall comply with the provisions of laws and regulations pertaining to environmental protection and work safety, and shall take measures to control and mitigate environmental pollution and hazards caused by various dust, exhaust gases, wastewater, solid waste, as well as noise and vibration at construction sites.     Article 42: In any of the following circumstances, the construction unit shall go through the application and approval procedures in accordance with **relevant regulations: (1) When it is necessary to temporarily occupy a site outside the area approved for planning ;     (II) Those that may damage public facilities such as roads, pipelines, power systems, and postal and telecommunications services ;     (III) Cases requiring temporary suspension of water and electricity supply or disruption of road traffic ;     (IV) Situations where blasting operations are required ;     (5) Other circumstances stipulated by laws and regulations that require approval procedures.     Article 43: The administrative department in charge of construction is responsible for the management of safety in construction work, and shall, in accordance with the law, accept guidance and supervision on safety in construction work from the administrative department in charge of labor.     Article 44: Construction enterprises must, in accordance with the law, strengthen the management of construction safety, implement a safety responsibility system, and take effective measures to prevent casualties and other safety accidents.     The legal representative of a construction enterprise is responsible for the safe production of that enterprise.     Article 45: The construction enterprise shall be responsible for safety at the construction site. In the case of a general construction contract, the general contractor is responsible. The subcontractor is accountable to the general contractor and must comply with the general contractor’s management of safety production at the construction site.     Article 46: Construction enterprises shall establish and improve systems for labor safety production education and training, and strengthen the education and training of employees on safety production ; Persons who have not received safety production training shall not be allowed to work.     Article 47: During the construction process, construction enterprises and workers shall abide by relevant laws and regulations on work safety, as well as safety rules and procedures in the construction industry; they must not give illegal instructions or carry out illegal operations. Workers have the right to propose improvements to work procedures and conditions that affect their health, and they have the right to receive protective equipment necessary for safe work. Workers have the right to criticize, report, and file complaints against any actions that pose a threat to life safety and physical health.     Article 48: Construction enterprises shall, in accordance with the law, pay work-related injury insurance premiums on behalf of their employees to participate in work-related injury insurance. Enterprises are encouraged to arrange accident insurance for their employees who engage in hazardous work and to pay the insurance premiums.     Article 49: For renovation projects that involve changes to the building’s main structure and load-bearing components, the construction entity shall, prior to commencement of work, commission the original design firm or a design firm with the appropriate qualifications to prepare a design plan ; Construction shall not proceed without a design plan.     Article 50: The demolition of buildings shall be carried out by construction units that meet the safety requirements, with the person in charge of such construction units being responsible for ensuring safety.     Article 51: In the event of an accident during construction, the construction enterprise shall take emergency measures to reduce casualties and losses caused by the accident, and shall report to the relevant authorities in a timely manner in accordance with **relevant regulations.        Chapter 6 Quality Management of Construction Projects Article 52 The quality of surveying, design, and construction of construction projects must meet the requirements of **relevant safety standards for construction projects; specific management measures shall be stipulated by the State Council.     When the **standards** regarding construction safety are not sufficient to meet the requirements for ensuring building safety, they should be revised promptly.     Article 53: **A quality system certification system shall be implemented for entities engaged in construction activities. Units engaged in construction activities may, on a voluntary basis, apply for quality system certification to the product quality supervision and management department of the State Council or to certification bodies recognized by such department. If certified as qualified, the certification body issues a quality system certification certificate.     Article 54: The project owner shall not, for any reason, require the architectural design firm or construction enterprise to violate laws, administrative regulations, as well as quality and safety standards for construction projects, in order to reduce the quality of the construction.     Architectural design firms and construction companies shall refuse any requests from the project owner to lower the quality of the construction in violation of the provisions of the preceding paragraph.     Article 55: Where a construction project is subject to general contracting, the quality of the project is the responsibility of the general contracting unit. If the general contracting unit subcontracts the construction work to other entities, it shall bear joint liability with such subcontracting entities for the quality of the subcontracted work. The subcontractor shall submit to the quality management of the general contractor.     Article 56: The survey and design units for construction projects must be responsible for the quality of their surveys and designs. The survey and design documents shall comply with the provisions of relevant laws and administrative regulations, as well as the standards for construction project quality and safety, the technical specifications for construction project survey and design, and the terms of the contract. The building materials, construction components, and equipment selected in the design documents shall specify technical parameters such as their specifications, models, and performance; their quality requirements must meet the standards stipulated by **.     Article 57: Architectural design firms shall not designate specific manufacturers or suppliers for the building materials, building components, and equipment selected in the design documents.     Article 58: Construction enterprises are responsible for the construction quality of projects.     Construction companies must carry out work in accordance with the engineering design drawings and construction technical standards, and must not cut corners. Any modifications to the engineering design are the responsibility of the original design firm; construction companies are not allowed to make changes to the engineering design without authorization.     Article 59: Construction enterprises must inspect building materials, building components, and equipment in accordance with the requirements of the engineering design, construction technical standards, and the terms of the contract; those that fail to meet the standards shall not be used.     Article 60: During the reasonable service life of a building, the quality of the foundation works and the main structure must be ensured.     Upon completion of the construction project, the roof and walls must be free of any quality defects such as leaks or cracks ; Construction companies shall repair any identified quality defects.     Article 61: Construction projects submitted for completion inspection must meet the prescribed quality standards for construction projects, have complete engineering and technical economic documentation as well as a signed warranty letter, and satisfy **other specified conditions for completion.     The construction project can be put into use only after it has passed the completion inspection ; Items that have not been inspected or have failed the inspection shall not be put into use.     Article 62: A quality warranty system shall be implemented for construction projects.     The warranty scope for construction projects should include foundation works, main structural works, roof waterproofing works, and other civil engineering tasks, as well as the installation of electrical and plumbing systems, and heating and cooling systems ; The warranty period should be determined in accordance with the principle of ensuring the normal use of the building throughout its reasonable service life and protecting the legitimate rights and interests of users. The specific scope of warranty and the minimum warranty period are stipulated by the State Council.     Article 63: Any entity or individual has the right to report, lodge complaints, or file accusations regarding quality accidents or defects in construction projects to the construction administrative department or other relevant authorities.        Chapter 7 Legal Liability Article 64 Those who violate the provisions of this Law by starting construction without obtaining a construction permit or without approval for the start-of-construction report shall be ordered to make corrections; those whose projects do not meet the conditions for commencement shall be ordered to stop construction, and they may also be fined.     Article 65: If the employer assigns a project to a contracting entity that does not possess the appropriate qualifications, or if it divides a construction project and assigns it in violation of the provisions of this Law, it shall be ordered to make corrections and fined.     Those who undertake projects beyond the qualification level permitted for their organization shall be ordered to cease such illegal activities, fined, and may be ordered to suspend operations for rectification or have their qualification level reduced ; In serious cases, the qualification certificate shall be revoked ; Any illegal gains shall be confiscated.     Those who undertake projects without obtaining the required qualification certificates shall be shut down and fined ; Any illegal gains shall be confiscated.     Those who obtain qualification certificates by fraudulent means have their certificates revoked and are fined ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 66: If a construction enterprise transfers or lends its qualification certificates, or otherwise allows others to undertake projects in the name of the enterprise, it shall be ordered to make corrections, its illegal gains shall be confiscated, and a fine shall be imposed; it may also be ordered to suspend operations for rectification or have its qualification level reduced ; In serious cases, the qualification certificate shall be revoked. The construction company, together with the entity or individual that uses its name, shall bear joint and several liability for any losses resulting from the fact that the work carried out does not meet the specified quality standards.     Article 67: If a contracting entity subcontracts the project it has been contracted to, or carries out subcontracting in violation of the provisions of this Law, it shall be ordered to make corrections, its illegal gains shall be confiscated, and a fine shall be imposed; it may also be ordered to suspend operations for rectification or have its qualification level reduced ; In serious cases, the qualification certificate shall be revoked.     If a contracting unit commits the illegal acts specified in the preceding paragraph, it shall bear joint and several liability for compensation for any losses resulting from the fact that the work subcontracted or sublet does not meet the prescribed quality standards, together with the unit that accepts such subcontracting or subletting. Article 68: Those who solicit, accept, or offer bribes in the assignment and contracting of projects, if such acts constitute a crime, shall be held criminally liable in accordance with the law ; If it does not constitute a crime, fines shall be imposed separately, the property obtained through bribery shall be confiscated, and disciplinary action shall be taken against the persons in charge who are directly responsible as well as other persons directly liable.     For contracting entities that commit bribery in project contracting, in addition to the penalties stipulated in the preceding paragraph, they may be ordered to suspend operations for rectification, have their qualification level reduced, or have their qualification certificates revoked.     Article 69: If a project supervision unit colludes with the project owner or a construction enterprise to engage in fraud or reduce the quality of the project, it shall be ordered to make corrections, fined, and its qualification level shall be reduced or its qualification certificate shall be revoked ; If there are illegal gains, they shall be confiscated ; Those who cause losses shall bear joint and several liability for compensation ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     If an engineering supervision agency transfers its supervision services, it shall be ordered to make corrections, its illegal gains shall be confiscated, and it may be ordered to suspend operations for rectification or have its qualification level reduced ; In serious cases, the qualification certificate shall be revoked.     Article 70: Those who violate the provisions of this Law by carrying out renovation work that involves changes to the building’s main structure or load-bearing components without authorization shall be ordered to make corrections and fined ; Those who cause losses shall bear the liability for compensation ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 71: If a construction enterprise violates the provisions of this Law by failing to take measures to eliminate potential hazards related to construction safety accidents, it shall be ordered to make corrections and may be fined ; In cases of serious violations, the entity shall be ordered to suspend operations for rectification, have its qualification level reduced, or have its qualification certificate revoked ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     If managers of construction enterprises give illegal instructions or force workers to carry out dangerous tasks, resulting in serious casualties or other severe consequences, they shall be held criminally liable in accordance with the law.     Article 72: If a construction entity violates the provisions of this Law by requiring a building design firm or a construction company to breach the quality and safety standards for construction projects and reduce the quality of the works, it shall be ordered to make corrections and may be subject to a fine ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 73: If a building design firm fails to design in accordance with the quality and safety standards for construction projects, it shall be ordered to make corrections and fined ; In the event of engineering quality accidents, the party involved shall be ordered to suspend operations for rectification, have its qualification level reduced or its qualification certificate revoked, its illegal gains shall be confiscated, and a fine shall be imposed ; Those who cause losses shall bear the liability for compensation ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 74: If a construction enterprise cuts corners during construction, uses substandard building materials, building components, and equipment, or engages in other practices that fail to comply with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and fined ; In cases of serious violations, the entity shall be ordered to suspend operations for rectification, have its qualification level reduced, or have its qualification certificate revoked ; If the quality of a construction project fails to meet the specified standards, the responsible party shall carry out rework and repairs, and compensate for any losses resulting therefrom ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 75: If a construction enterprise violates the provisions of this Law by failing to fulfill its warranty obligations or delaying such fulfillment, it shall be ordered to make corrections; it may also be fined, and shall bear liability for compensating for any losses caused by quality defects such as leaks or cracks in the roof or walls during the warranty period.     Article 76 The administrative penalties of ordering suspension of business for rectification, downgrading the qualification level, and revoking the qualification certificate as provided for in these regulations shall be decided by the authority that issued the qualification certificate ; Other administrative penalties shall be determined by the construction administration department or the relevant departments in accordance with the laws and the scope of powers stipulated by the State Council.     If a qualification certificate is revoked in accordance with the provisions of this law, the administrative department for industry and commerce shall revoke its business license.     Article 77: Where, in violation of the provisions of this Law, a qualification certificate of a certain level is issued to an entity that does not meet the corresponding qualification requirements, the superior authority shall order that certificate to be revoked, and administrative sanctions shall be imposed on the persons in charge who are directly responsible as well as other persons directly liable ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 78: If staff members of ** and its affiliated departments violate the provisions of this Law by forcing the contracting entity to award the project subject to bidding to a designated contractor, the superior authority shall order them to make corrections ; If a crime is constituted, criminal liability shall be pursued in accordance with the law.     Article 79: If the department responsible for issuing construction permits for building projects, along with its staff, issues such permits for projects that do not meet the construction requirements, or if the department responsible for quality supervision and inspection of construction projects, or for their final acceptance, issues certificates of conformity for substandard projects or accepts them as compliant projects, the higher-level authorities shall order corrections to be made, and administrative sanctions shall be imposed on the persons responsible ; If a crime is constituted, criminal liability shall be pursued in accordance with the law ; The department responsible for the loss shall bear the corresponding liability for compensation.     Article 80: During the reasonable service life of a building, if damage occurs due to substandard construction quality, the victim has the right to claim compensation from the responsible party.        Chapter VIII Supplementary Provisions Article 81 The provisions of this Law regarding construction permits, the evaluation of the qualifications of construction enterprises, the contracting out and contracting of construction projects, prohibitions on subcontracting, as well as supervision of construction projects, safety management, and quality control in construction projects, shall also apply to construction activities in other specialized construction fields; specific measures shall be stipulated by the State Council.     Article 82: The construction administration authorities and other relevant departments shall not charge any fees other than those prescribed by relevant regulations of the State Council when exercising supervision and management over construction activities.     Article 83: The construction activities of small-scale building projects determined by the people’s ** governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be carried out in accordance with this Law.     The renovation of memorial buildings and ancient structures designated for protection as cultural relics in accordance with the law shall be carried out in compliance with the relevant laws and regulations on cultural relic protection.     This law does not apply to emergency rescue and disaster relief activities, as well as other temporary building constructions and low-rise residential buildings built by farmers.     Article 84: The specific administrative measures for construction activities of military housing projects shall be formulated by the State Council and the Central **Committee in accordance with this Law.     Article 85 This Law shall come into force as of March 1, 1998.

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