Sharing some inquiries regarding the Five-Party Lifetime Quality Warranty

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V. How to effectively implement these two regulations: implementation is carried out at three levels. The first is the **level**. The housing and urban-rural development authorities at all levels are required to earnestly implement the \"Interim Measures for Holding Project Leaders of the Five Responsible Parties in Construction Projects Accountable for Quality Issues Throughout Their Careers\" as well as these two regulations. First, strengthen publicity, dissemination, and training to foster an overall sense of responsibility for ensuring quality and safety, as well as a commitment to creating high-quality products that will last for generations within the industry. Second, strictly implement systems such as authorization by the legal representative of the entity and written commitments from project leaders. Third, strengthen the supervision of the performance of duties by the persons in charge of survey and design projects; if it is found during inspections that such persons violate the aforementioned regulations, strict accountability shall be enforced in accordance with relevant laws, regulations, and provisions. The second is at the level of the survey and design agencies. Survey and design firms must, first and foremost, strictly follow the prescribed requirements to select qualified and responsible individuals to serve as project leaders. Second, strengthen the inspection of the performance of project leaders; if it is found that they are not fulfilling their duties adequately, corrective actions should be taken promptly, or a qualified project leader should be appointed in accordance with the established procedures. (Note: The newly appointed person in charge assumes full responsibility.) Third, it is necessary to further improve the company’s quality control system and project management approach; in particular, sufficient support should be provided to the project leaders in terms of **, financial authority, and property rights. At the same time, the allocation mechanisms need to be adjusted to ensure that responsibilities, rights, and interests are aligned. Third is the project leader level. Currently, a significant burden regarding quality and safety falls on the project leaders. They need to develop a sense of urgency and responsibility, and earnestly assume their duties in ensuring quality and safety. They must carry out their responsibilities diligently, organize and manage the human resources, financial resources, and materials related to the project, coordinate internal and external relationships, ensure the quality of work and outcomes, and make due contributions to improving the overall level of project quality in our country. Interpretation of the Regulations on the Quality and Safety Responsibilities of Project Leaders in Construction Engineering Survey and Design Firms I. Background for Formulating the Regulations on the Quality and Safety Responsibilities of Project Leaders in Construction Engineering Survey and Design Firms In order to further regulate the order in the construction industry and ensure project quality, in September 2014, our department decided to launch a two-year special campaign to improve project quality across the country. One of the key tasks of the two-year action plan is to fully implement the lifelong quality responsibility for project leaders. Current laws and regulations establish principle-based provisions regarding the lifelong responsibility for project quality, but they do not specify or assign this responsibility to specific individuals. To strengthen the enforcement of individual quality responsibilities, we have formulated the \"Interim Measures for Holding Project Leaders of the Five Parties Involved in Construction Projects Accountable for Lifelong Quality Responsibilities\" (Document No. Jianzhi 124). The main contents of these measures fall into three aspects: first, it specifies who is responsible for quality throughout the project’s life cycle, namely the project leaders of the five parties involved—construction, surveying, design, construction, and supervision—and their respective responsibilities. Second, three systems were established: written commitments, permanent signs, and quality information records. Third, efforts to hold people accountable have been intensified. At the same time, we have specifically formulated the \"Ten Provisions on the Quality and Safety Responsibilities of Construction Project Managers,\" which further detail the quality and safety responsibilities of project managers. In order to further clarify and refine the qualifications required for project leaders in surveying and design firms, as well as their responsibilities regarding quality and safety, we have systematically reviewed the provisions in current laws and regulations concerning the quality and safety responsibilities of project leaders in surveying and design work. We analyzed in depth the reasons behind the frequent occurrence of quality and safety incidents, organized several discussions with relevant organizations and experts, and sought opinions from housing and urban-rural development authorities across the country as well as relevant surveying and design firms. After repeated revisions and improvements, the \"Seven Provisions on the Quality and Safety Responsibilities of Project Leaders in Construction Surveying Firms (Trial)\\" and the \"Seven Provisions on the Quality and Safety Responsibilities of Project Leaders in Construction Design Firms (Trial)\\" were formulated (hereinafter referred to as the \"Provisions\"). The project leader bears the most direct responsibility for the quality and safety of a project, playing a very important role. These two regulations were established with the aim of further enhancing the sense of responsibility among those in charge of survey and design projects, so that they can genuinely assume their corresponding responsibilities for quality and safety. II. Main features of the two regulations: First, accountability is assigned to individual persons. While emphasizing the quality and safety responsibilities of survey and design agencies, it stresses the need to further translate these responsibilities into concrete actions for project managers. Clear regulations are set forth regarding the qualifications required for project managers, as well as the main responsibilities they bear in terms of work management, quality of outcomes, and after-sales service. At the same time, it does not exempt survey and design firms and other personnel from their statutory responsibilities regarding quality and safety. Second, act in accordance with laws and regulations. Both of these regulations were formulated within the framework of the existing legal system, in line with the legal principle of enforcing principal responsibilities; the relevant penalty provisions fully comply with current laws, regulations, and departmental rules. Third, it is necessary to consider the actual situation. The formulation of these two regulations was based on thorough research, with careful consideration given to the existing quality and safety supervision systems and registration and practice systems, as well as the internal quality control systems and project management models of survey and design firms. The current actual conditions were fully taken into account, ensuring that the regulations are practical and actionable. Fourth, impose severe penalties. In cases where violations of laws and regulations are detected, or quality safety accidents and quality issues occur, stricter penalties shall be imposed in accordance with relevant laws and regulations, and such incidents shall be recorded as negative entries, so as to fully leverage the role of the credit punishment mechanism. III. Main contents of the two regulations: These two regulations mainly outline the quality and safety responsibilities of the persons in charge of survey and design projects in accordance with the work process. The main contents include: First is the issue of eligibility for the position. As the organizers and managers of a survey and design project, the project leaders should possess a high level of technical expertise as well as strong capabilities in quality control. Previously, departmental regulations and regulatory documents had set out requirements regarding the qualifications of those in charge of survey and design projects. However, during our inspections, we found that a considerable number of individuals who did not meet the required qualifications were still serving as project leaders. To strictly assess the qualifications and capabilities of those in charge of survey and design projects and to further implement the registration system for professionals, the Regulations require that project leaders for Class A and Class B geotechnical engineering surveys must be registered civil engineers (geotechnics) (Note: In accordance with the Interim Provisions on the Practice and Management of Registered Civil Engineers (Geotechnics), Document No. Jian Shi 105, given the large scale and complexity of geotechnical engineering tasks at these two classes, it is necessary to focus on the key issues). For other specialties such as hydrogeology and engineering surveying, the person in charge of the survey projects can be appointed by the surveying agency as professional technicians with the capability to manage survey quality and safety, in accordance with relevant regulations. The person in charge of the design project should be someone who holds the relevant registered professional qualification in engineering construction and possesses the capability to manage design quality. There are two points to clarify here. First, the person in charge of designing civil building projects should, in principle, be a registered architect (Note: According to the Implementing Rules for the Regulations on Registered Architects, Order No. 167 issued by the Ministry of Construction, the leading role of architects in construction projects is to be further emphasized; however, if the objective conditions are not met, other registered professionals can take on this role). Second, in fields where a registration and practice system is not in place, the persons in charge of certain municipal engineering design projects can be appointed by the design firms in accordance with the aforementioned regulations. The second is to ensure the technical level and capabilities of the project team. Survey and design is an intelligence- and talent-intensive task, and the quality and capabilities of the project team involved in survey and design are one of the key factors determining its quality. At present, the technical capabilities of survey and design professionals in our country vary widely, and the overall quality of those working on site is low, which has an impact on the quality of survey and design work. To ensure the technical level and capabilities of the teams working on survey and design projects, the regulations require that the person in charge of such projects verify that the survey and design personnel assigned to them meet the corresponding registration and professional qualification requirements and possess the necessary technical expertise. In particular, personnel on the survey site, such as observers, record-keepers, and team leaders, must meet professional training requirements and possess the necessary technical skills before they can take up their duties. Third is to carry out survey and design work in accordance with laws and regulations. Carrying out survey and design work in accordance with laws, regulations, and mandatory standards for engineering construction is a prerequisite and foundation for ensuring project quality. However, violations such as those against the preliminary plans and project approval documents, failure to design based on the survey results, breaches of mandatory standards for construction, and survey and design documents that do not meet the required level of detail still occur from time to time. Therefore, the Regulations require that the person in charge of the survey project shall organize and carry out the engineering survey work in accordance with relevant laws and regulations, mandatory standards for engineering construction, and the survey contract (including the survey assignment letter). The person in charge of the design project shall carry out the architectural design work in accordance with relevant laws and regulations, project approval documents, urban and rural planning, mandatory standards for engineering construction, requirements regarding the level of detail in the design, the design contract (including the design brief), and the results of engineering surveys. This is one of the most fundamental quality and safety responsibilities of the person in charge of a survey and design project, and it is also something we will focus on monitoring. Fourth is to ensure safe production on site (Note: According to the safety production regulations, if an accident does occur and it is related to surveying and design, protection and exemption from liability are provided). In this regard, the responsibilities of the project leaders for surveying and design vary. Since surveys involve drilling, testing, and other activities on-site, it is required that the person in charge of the survey be responsible for ensuring the safety of operations at the site, in order to prevent injuries to workers and damage to facilities on site. The person in charge of the survey project shall require the survey personnel to strictly follow the operating procedures, and take measures based on the information provided by the project owner as well as the conditions of the site, in order to ensure the safety of all personnel, as well as the buildings, structures, and various pipeline facilities located on and around the site. Design is intended to provide guidance for construction sites; therefore, with the aim of eliminating potential safety hazards at these sites in advance, the person in charge of the design project should ask designers to take into account the needs related to safe construction practices and protective measures. They should also indicate in the design documents the key areas and stages related to construction safety, and provide guidance on how to prevent safety accidents ； For those adopting new structures, materials, processes, and special designs, design proposals should be put forward to ensure the safety of construction workers and prevent work-related accidents. Fifth is to ensure the quality of survey and design outcomes. This is the most fundamental quality and safety responsibility of the person in charge of a survey and design project. Since the results of survey data are mainly divided into original data and survey report documents. The authenticity and accuracy of the original data form the basis for the quality of the results; therefore, the person in charge of the survey project should organize staff to promptly organize and verify the original records, check the signatures of those present at the site and those who conducted the tests on the records, and sign off on various documents such as the original records, test reports, and results of geotechnical tests. For the investigation results documents, the person in charge of the investigation project shall be responsible for their truthfulness and accuracy, and shall sign and seal the investigation documents. Given that design projects involve various specialties such as architecture, structure, plumbing, heating, and electrical systems, the person in charge of the design project should verify the signatures of technical personnel responsible for design, verification, review, and approval on the relevant design documents. They should also check the signatures of registered professionals such as registered architects and registered structural engineers on these documents, and provide their own signature for the acceptance of the design documents from each specialty. Sixth is to provide good after-sales service. Post-construction design services refer to the follow-up services provided after the delivery of the design results, in order to support phases such as construction and operation and to address any issues that arise. Post-service support is an important part of the survey and design work, as it affects the quality and efficiency of the entire project construction. However, the post-construction services related to survey and design in our country are not yet standardized enough. Therefore, the Regulations require that the person in charge of a survey and design project should organize the relevant staff to address promptly any issues related to survey and design that arise during the subsequent stages of work ； Organize the participation in the project completion acceptance and sign the relevant acceptance documents ； Organize survey and design personnel to participate in the analysis of quality and safety accidents related to projects, and propose technical solutions for those accidents caused by issues in survey and design work. Seventh is to do a good job in archiving documents and materials. In response to issues such as chaotic document management and delayed archiving that have been identified recently, the regulations require that the person in charge of a survey and design project be responsible for the archiving of related documents. They must organize the relevant survey and design staff to archive and store these documents promptly, including survey outlines, field records, test data, survey reports, design drawings, and calculation sheets. IV. What are the penalty measures for the persons in charge of survey and design projects who violate relevant regulations? Previously, there were no provisions regarding penalties for the persons in charge of survey and design projects in relevant laws and regulatory documents. This time, based on laws such as the Building Law, the Regulations on Quality Management of Construction Projects, and the Regulations on the Management of Survey and Design Work for Construction Projects, as well as relevant departmental rules, we have clarified the penalties for those in charge of survey and design projects who violate relevant regulations. For example, if fraud is detected in a survey project or false results are provided, in accordance with Article 24 of the Measures for the Management of Survey Quality in Construction Projects, a fine of between 100,000 yuan and 300,000 yuan shall be imposed on the surveying unit. Meanwhile, in accordance with Article 27, a fine of between 5% and 10% of the amount of the fine imposed on the enterprise shall be imposed on the person in charge of the survey project who is directly responsible; in other words, the fine imposed on such a person can reach up to 30,000 yuan. For example, if it is found that the project design was not based on the survey results or did not comply with the mandatory standards for construction, then in accordance with Article 63 of the Regulations on Quality Management of Construction Projects, a fine of between 100,000 yuan and 300,000 yuan shall be imposed on the design unit. Meanwhile, in accordance with Article 73, a fine of between 5% and 10% of the amount of the fine imposed on the enterprise shall be imposed on the person in charge of the design who bears direct responsibility; thus, the maximum fine applicable to such person could be 30,000 yuan. At the same time, local authorities may also introduce additional penalty provisions in accordance with relevant local laws and regulations, in order to deter any illegal or irregular behaviors by those in charge of survey and design projects. V. How to effectively implement these two regulations: implementation is carried out at three levels. The first is the **level**. The housing and urban-rural development authorities at all levels are required to earnestly implement the \"Interim Measures for Holding Project Leaders of the Five Responsible Parties in Construction Projects Accountable for Quality Issues Throughout Their Careers\" as well as these two regulations. First, strengthen publicity, dissemination, and training to foster an overall sense of responsibility for ensuring quality and safety, as well as a commitment to creating high-quality products that will last for generations within the industry. Second, strictly implement systems such as authorization by the legal representative of the entity and written commitments from project leaders. Third, strengthen the supervision of the performance of duties by the persons in charge of survey and design projects; if it is found during inspections that such persons violate the aforementioned regulations, strict accountability shall be enforced in accordance with relevant laws, regulations, and provisions. The second is at the level of the survey and design agencies. Survey and design firms must, first and foremost, strictly follow the prescribed requirements to select qualified and responsible individuals to serve as project leaders. Second, strengthen the inspection of the performance of project leaders; if it is found that they are not fulfilling their duties adequately, corrective actions should be taken promptly, or a qualified project leader should be appointed in accordance with the established procedures. (Note: The newly appointed person in charge assumes full responsibility.) Third, it is necessary to further improve the company’s quality control system and project management approach; in particular, sufficient support should be provided to the project leaders in terms of **, financial authority, and property rights. At the same time, the allocation mechanisms need to be adjusted to ensure that responsibilities, rights, and interests are aligned. Third is the project leader level. Currently, a significant burden regarding quality and safety falls on the project leaders. They need to develop a sense of urgency and responsibility, and earnestly assume their duties in ensuring quality and safety. They must carry out their responsibilities diligently, organize and manage the human resources, financial resources, and materials related to the project, coordinate internal and external relationships, ensure the quality of work and outcomes, and make due contributions to improving the overall level of project quality in our country. What do you all think?