Urban and Rural Construction Bureau issued "Shenyang Construction Market"

Notice on the Interim Measures for the Administration of the Blacklist of Publishers

District and county (city) construction administrative departments:

In order to further strengthen the construction of the credit system in the construction market, improve the disciplinary mechanism for dishonesty, and standardize the behavior of all parties in the construction market, the Interim Measures for the Administration of the "Blacklist" of the main body of the construction market in Shenyang are hereby printed and distributed to you, please follow them. Please inform the construction market supervision department of our bureau in time of the problems encountered in the implementation.

Shenyang Urban and Rural Construction Bureau

September 30(th), 2022

(This work is released to the public)

Interim Measures of Shenyang Municipality on the Management of "Blacklist" of Construction Market Subjects

Rule number one In order to further strengthen the construction of the credit system in the construction market, improve the disciplinary mechanism for dishonesty, and standardize the behavior of all parties in the construction market, these measures are formulated in accordance with the relevant provisions of the Construction Law of People's Republic of China (PRC), the Social Credit Regulations of Liaoning Province, and the Interim Measures for the Credit Management of the construction market. And "Guiding Opinions of General Office of the State Council on Further Perfecting the Binding System of Dishonesty and Building a Long-term Mechanism of Credit Construction", combined with the actual situation of this Municipality.

Rule number two These Measures shall apply to the management activities such as the identification, collection, publication, repair, removal and punishment of the "blacklist" of construction market entities within the administrative area of this Municipality.

Rule three. The term "blacklist" management as mentioned in these Measures refers to the supervision system implemented by the urban and rural construction and urban management law enforcement departments of cities, counties (cities) for units or related employees who seriously violate the relevant provisions of construction laws, regulations, rules or mandatory standards for construction projects in the activities of housing construction and municipal infrastructure construction in this Municipality.

The term "main body of the construction market" as mentioned in these Measures refers to the units engaged in engineering construction activities or related employees, mainly including the main employees of construction, survey, design, construction, supervision, cost consultation, bidding agency, inspection, construction drawing review, material and equipment supply and project management services, such as registered architects, registered survey and design engineers, registered construction engineers and registered supervision engineers.

Article 4? The municipal competent department of urban and rural construction is responsible for guiding and supervising the blacklist management of the main body of the city's construction market, formulating measures for blacklist management, establishing and improving the credit management platform of the city's construction market, releasing blacklist information, guiding the competent departments of urban and rural construction of all districts and counties (cities), and coordinating the blacklist management of the municipal urban management law enforcement department; At the same time, do a good job in the "blacklist" management of this department.

City urban management law enforcement departments are responsible for guiding the district and county (city) urban management law enforcement departments to do a good job in "blacklist" management. City, district and county (city) urban management law enforcement departments will transmit the information of administrative punishment to the corresponding city, district and county (city) urban and rural construction departments in accordance with the original urban and rural construction departments.

District, county (city) urban and rural construction departments are responsible for the "blacklist" management of construction market entities within their respective jurisdictions.

Article 5? City and district, county (city) urban and rural construction departments and urban management law enforcement departments in accordance with the principle of "whoever punishes, who is included", the main body of the construction market in any of the following circumstances, included in the "blacklist":

(1) Using false materials to obtain enterprise qualification by deception;

(two) colluding in bidding or bidding in the name of others or defrauding the bid by other means;

(three) subcontracting, lending qualifications, subject to administrative punishment;

(4) Major and above engineering quality and safety accidents occur, or two or more major engineering quality and safety accidents occur in 1 year, or major engineering quality and safety accidents with bad nature, serious harm and great social impact occur, and are subject to administrative punishment;

(5) Major and above production safety accidents occurred, or three or more general production safety accidents occurred in 1 year, or the production safety accidents were concealed, misrepresented or delayed, and were subject to administrative punishment;

(six) the project quality, production safety, fire safety and other fields seriously endanger the health and life safety of citizens;

(seven) did not fulfill the commitment to implement the construction funds, and asked the construction unit to advance funds, resulting in arrears of wages for migrant workers, and did not cooperate to solve the case;

(eight) dust management is not in place, and the circumstances are serious;

(9) The tendering agency colludes with the tenderee and bidders to harm the national interests, social interests or the legitimate rights and interests of others, or is instructed by the tenderee to restrict or exclude potential bidders, discriminate against potential bidders and restrict competition among bidders;

(ten) have the ability to perform and refuse to perform, to avoid the implementation of the effective decision made by the administrative organ;

(eleven) after the judgment of the court or the arbitration institution, it is deemed to be in arrears with the project payment and refuses to perform the obligations determined by the effective legal documents;

(twelve) other according to laws and regulations and the relevant provisions of the state can be used as the main body of the construction market "blacklist" identification standard.

Article 6? The basis for determining the "blacklist" of the main body of the construction market;

(a) the decision on administrative punishment;

(2) The effective judgment or arbitral award of the people's court;

(three) other documents that can be used as the basis for the determination of dishonesty as stipulated by laws, regulations or relevant state documents.

Article 7 The management period of the "blacklist" of construction market entities is 6- 12 months from the date of listing.

Where laws, regulations and rules clearly stipulate the time limit for the implementation of disciplinary action, such provisions shall prevail.

Attached to the "blacklist" of the main body of the construction market and the discretionary basis for the management period.

Article 8? City and district, county (city) urban and rural construction and urban management law enforcement departments shall identify, collect, review, update and publish the blacklist information of construction market entities within their respective jurisdictions through the city's credit management platform, and be responsible for its authenticity, integrity and timeliness.

Article 9? The "blacklist" information of the main body of the construction market is notified by the listing department to the relevant administrative departments of the place where the enterprise is registered, and pushed to the municipal credit information sharing platform and the Liaoning construction market supervision service platform.

Article 10? The "blacklist" information of the main body of the construction market shall include the name of the enterprise or individual, the unified social credit code or certificate number, the name of the legal representative or person in charge, the listing situation, the basis for identification, the department to be included, the management period, the date of inclusion, the date of decision to repair or cancel, and the date of removal.

Article 11? Before making a decision to blacklist the main body of the construction market, the inclusion department shall inform the parties of the reasons, basis and rights enjoyed according to law. The subject of the construction market has the right to make statements and arguments, which shall be put forward within 5 working days after receiving the notice. The included department shall verify and feedback the results within 10 working days. Democratic appraisal can be adopted when necessary, and the appraisal time is not included in the feedback time.

When the inclusion department makes an inclusion decision, it shall make an inclusion decision. The inclusion decision shall specify the reasons, basis, tips on disciplinary measures for dishonesty, conditions and procedures for delisting, and relief measures.

Article 12? If the main body of the construction market that has been listed in the "blacklist" has no problems related to the "blacklist" that need to be rectified within the management period, and there is no new behavior that conforms to the situation of being listed in the "blacklist", the original listed department will remove it from the "blacklist" after the management period expires.

Thirteenth construction market entities have objections to the "blacklist" information, they can complain to the listing department and submit relevant certification materials. The inclusion department shall verify and make a decision within 5 working days. If there are still objections, you can appeal to the higher administrative organ or the social credit department at the same level.

If the administrative penalty decision is changed or revoked by administrative reconsideration, administrative litigation or administrative law enforcement supervision, it shall timely change or revoke the "blacklist" information and properly handle related matters according to law.

Article 14 For the repairable untrustworthy information, the main body of the construction market actively cooperates with the relevant departments to investigate and take remedial measures to recover the loss or impact within the "blacklist" management period, and if the rectification is really effective, it can apply to the listed department for credit repair and provide relevant materials, and the listed department will check and make a decision within 15 working days. The minimum management period is 6 months.

If a new blacklist appears during the management period, the "blacklist" information will not be repaired.

Fifteenth of the "blacklist" of the construction market, take the following disciplinary measures during the management period:

(1) Announcing "blacklist" information and implementing information sharing;

(two) according to the specific situation to reduce the credit rating of enterprises, management period in accordance with the "blacklist" management period;

(3) In case of items (1), (2), (3), (4), (10) and (11) of Article 5 of these Measures, the tenderee of the project may make provisions in the tender documents of the project to refuse to participate in the bidding of the construction market entities listed in the "blacklist";

(four) do not approve its qualification or qualification upgrade, addition or extension;

(five) the construction or construction projects included in the supervision focus, increase the frequency and intensity of supervision and inspection; If an enterprise or unit is found to have violated laws and regulations in the project construction, it shall be punished according to law, and the relevant administrative departments of the place where the enterprise or unit is registered shall be notified;

(six) to cancel the qualification as the object of evaluation and commendation, policy pilot and project support;

(seven) cancel the qualification to enjoy all kinds of policies that benefit enterprises, restrict the application of all kinds of policies that benefit enterprises in the innovation and reform of engineering construction, and do not apply the notification commitment system and enjoy the "green channel" of administrative examination and approval;

(8) If the subject of the "blacklist" is a natural person, it shall be prohibited from entering the occupation or restricted from employment according to law within a certain period of time, and shall not be the main personnel when the unit applies for qualification (including the first application for qualification, application for qualification upgrade, supplement or extension);

(nine) other disciplinary measures stipulated by laws, regulations, rules and national policy documents.

Article 16 Where a unit listed in the "blacklist" has two or more qualifications (qualifications) in the categories of agent construction, construction, survey, design, supervision, bidding agency, cost consultation and inspection (supervision), disciplinary measures shall be taken only for the category corresponding to the category of dishonesty involved in the "blacklist".

Article 17? During the period when the main body of the construction market is listed in the "blacklist" by the provincial and above construction administrative departments, it is deemed to be listed in the "blacklist" of the main body of the construction market in Shenyang.

If the main body of the construction market is listed as the object of joint punishment for dishonesty by other departments, joint punishment shall be implemented in accordance with relevant regulations.

Article 18? The staff of the relevant departments in the "blacklist" information collection, examination and determination, published in the process of inaction, chaos, dereliction of duty, favoritism, shall be given administrative sanctions in accordance with the law; If the case constitutes a crime, it shall be handed over to the relevant departments for criminal responsibility according to law.

Nineteenth these Measures shall come into force as of June 6, 2022. Valid for 2 years.

Attachment: Enterprises or units and related employees are included in the "blacklist" of Shenyang's construction market main body and the discretionary benchmark of management period.

Shenyang Urban and Rural Construction Bureau

September 30(th), 2022

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