| | |
| Order of the Ministry of Construction | | 建设部令 |
(Order No. 141) | |
（第141号） |
The Measures for the Administration of Quality Testing of Construction Projects, which were adopted at the 71st executive meeting of the Ministry of Construction upon deliberation, are hereby promulgated and shall come into force as of November 1, 2005. | |
《建设工程质量检测管理办法》已于2005年8月23日经第71次常务会议讨论通过，现予发布，自2005年11月1日施行。 |
Minister of the Ministry of Construction Wang Guangtao | |
建设部部长 汪光焘 |
September 28, 2005 | |
二00五年九月二十八日 |
Measures for the Administration of Quality Testing of Construction Projects | |
建设工程质量检测管理办法 |
| |
|
| Article 1 The present Measures are formulated according to the Law of the People's Republic of China on Architecture and the Regulation on the Quality Administration of Construction Projects for the purpose of intensifying the administration of quality testing of construction projects. | | 第一条 为了加强对建设工程质量检测的管理，根据《中华人民共和国建筑法》、《建设工程质量管理条例》，制定本办法。 |
| |
|
| Article 2 An application of an institution for the qualification of a testing institution of project quality that engages in the testing of test blocks, test-pieces as well as the relevant materials for the structural security of buildings and constructions, as well as the implementation of supervision and administration of the quality testing of construction projects shall be governed by the present Measures. | | 第二条 申请从事对涉及建筑物、构筑物结构安全的试块、试件以及有关材料检测的工程质量检测机构资质，实施对建设工程质量检测活动的监督管理，应当遵守本办法。 |
The term “quality testing of construction projects (hereinafter referred to as quality testing)” as mentioned in the present Measures means that a testing institution of project quality (hereinafter referred to as testing institution) that has been entrusted to carry out random tests on the items concerning structural security and to take samples for evidential sample testing of the construction materials and component and accessory parts that have been transported into the relevant construction site according to the relevant laws and regulations of the state as well as the compulsory standards for project construction. | |
本办法所称建设工程质量检测（以下简称质量检测），是指工程质量检测机构（以下简称检测机构）接受委托，依据国家有关法律、法规和工程建设强制性标准，对涉及结构安全项目的抽样检测和对进入施工现场的建筑材料、构配件的见证取样检测。 |
| |
|
| Article 3 The administrative department of construction of the State Council shall take charge of the supervision and administration of all quality testing activities throughout the country and shall be responsible for formulating the qualification standards for testing institutions. | | 第三条 国务院建设主管部门负责对全国质量检测活动实施监督管理，并负责制定检测机构资质标准。 |
The administrative departments of construction of the people's governments of the province, autonomous region and municipality directly under the Central Government shall take charge of the supervision and administration of quality testing activities within their administrative divisions and shall be responsible for the examination and approval of the qualification of testing institutions. | |
省、自治区、直辖市人民政府建设主管部门负责对本行政区域内的质量检测活动实施监督管理，并负责检测机构的资质审批。 |
The administrative departments of construction of the people's governments at the municipal or county level shall take charge of the supervision and administration of quality testing activities within their administrative divisions. | |
市、县人民政府建设主管部门负责对本行政区域内的质量检测活动实施监督管理。 |
| |
|
| Article 4 The testing institution shall be an intermediary institution with the qualification of an independent legal person. A testing institution shall obtain the relevant qualification certificate according to the present Measures before engaging in any quality testing practice as prescribed in attachment I of the present Measures. | | 第四条 检测机构是具有独立法人资格的中介机构。检测机构从事本办法附件一规定的质量检测业务，应当依据本办法取得相应的资质证书。 |
The qualification of testing institutions shall, according to the content of the quality testing activities as undertaken, be classified into the qualification of special testing institutions and the qualification of evidential sample testing institutions. The standards for the qualification of testing institutions shall be governed by the provisions of Attachment II. | |
检测机构资质按照其承担的检测业务内容分为专项检测机构资质和见证取样检测机构资质。检测机构资质标准由附件二规定。 |
A testing institution that fails to obtain the relevant qualification certificate may not undertake any quality testing as prescribed by the present Measures. | |
检测机构未取得相应的资质证书，不得承担本办法规定的质量检测业务。 |
| |
|
| Article 5 An institution that applies for testing qualification shall submit the following application materials to the administrative department of construction of the people's government of the province, autonomous region or municipality directly under the Central Government: | | 第五条 申请检测资质的机构应当向省、自治区、直辖市人民政府建设主管部门提交下列申请材料： |
| |
|
| (1)The Application Form for the Qualification of Testing Institutions in triplicate; | | （一）《检测机构资质申请表》一式三份； |
| |
|
| (2)The original as well as photocopy of its industrial and commercial business license; | | （二）工商营业执照原件及复印件； |
| |
|
| (3)The original as well as photocopy of the metrological certificate corresponding to the scope of testing qualification as applied for; | | （三）与所申请检测资质范围相对应的计量认证证书原件及复印件； |
| |
|
| (4)The checklist of major testing apparatus and equipment; | | （四）主要检测仪器、设备清单； |
| |
|
| (5)The originals as well as photocopies of professional title certificates, identity cards and social insurance contacts of its technical personnel; and | | （五）技术人员的职称证书、身份证和社会保险合同的原件及复印件； |
| |
|
| (6)The management system as well as the measures for quality control of the testing institution. | | （六）检测机构管理制度及质量控制措施。 |
The format of the Application Form for the Qualification of Testing Institutions shall be formulated by the administrative department of construction of the State Council. | |
《检测机构资质申请表》由国务院建设主管部门制定式样。 |
| |
|
| Article 6 The administrative department of construction of the people's government of the province, autonomous region or municipality directly under the Central Government shall, after receiving the application materials of an applicant, make an instant decision on whether to accept it and shall produce a written receipt to the relevant applicant. Where any application material is incomplete or fails to comply with the statutory format, the administrative department of construction shall inform the relevant applicant of all the contents as required to be supplemented and corrected in a one-off manner within 5 days. Where the administrative department of construction fails to make notification, it shall be deemed that the administrative department of construction has accepted the application as of the day when it receives the relevant application materials. | | 第六条 省、自治区、直辖市人民政府建设主管部门在收到申请人的申请材料后，应当即时作出是否受理的决定，并向申请人出具书面凭证；申请材料不齐全或者不符合法定形式的，应当在5日内一次性告知申请人需要补正的全部内容。逾期不告知的，自收到申请材料之日起即为受理。 |
The administrative department of construction of the province, autonomous region or municipality directly under the Central Government shall, after receiving the application materials of an applicant, carry out an examination on the application materials, and shall conclude the examination and approval within 20 workdays as of acceptance and produce a written decision. For an institution that meets the relevant standards for qualification, it shall issue a Qualification Certificate of Testing Institutions within 10 workdays as of the day when the decision is made and shall report it to the administrative department of construction of the State Council for archival filing. | |
省、自治区、直辖市建设主管部门受理资质申请后，应当对申报材料进行审查，自受理之日起20个工作日内审批完毕并作出书面决定。对符合资质标准的，自作出决定之日起10个工作日内颁发《检测机构资质证书》，并报国务院建设主管部门备案。 |
| |
|
| Article 7 The Qualification Certificate of Testing Institutions shall indicate the scope of testing practice and include an original and a duplicate. The format thereof shall be formulated by the administrative department of construction of the State Council. The original and the duplicate are of equal legal force. | | 第七条 《检测机构资质证书》应当注明检测业务范围，分为正本和副本，由国务院建设主管部门制定式样，正、副本具有同等法律效力。 |
| |
|
| Article 8 The valid term of the Qualification Certificate of Testing Institutions is 3 years. Upon the expiration of the valid term of the Qualification Certificate of Testing Institutions, where any renewal is required, the relevant testing institution shall, within 30 workdays before the expiration of the qualification certificate, apply for handling the formalities for renewal. | | 第八条 检测机构资质证书有效期为3年。资质证书有效期满需要延期的，检测机构应当在资质证书有效期满30个工作日前申请办理延期手续。 |
Where a testing institution has none of the following acts within the valid term of its qualification certificate, upon the expiration of the qualification certificate, an examination may be exempted upon the agreement of the original examination and approval organ. The valid term of the qualification certificate shall be extended for 3 years, the original examination and approval organ shall affix the special seal of renewal on the duplicate of the qualification certificate. Where a testing institution has any of the following acts within the valid term of its qualification certificate, the original examination and approval organ shall not approve its renewal: | |
检测机构在资质证书有效期内没有下列行为的，资质证书有效期届满时，经原审批机关同意，不再审查，资质证书有效期延期3年，由原审批机关在其资质证书副本上加盖延期专用章；检测机构在资质证书有效期内有下列行为之一的，原审批机关不予延期： |
| |
|
| (1)Engaging in any testing activity beyond its qualified scope; | | （一）超出资质范围从事检测活动的； |
| |
|
| (2)Subcontracting any testing business; | | （二）转包检测业务的； |
| |
|
| (3)Altering, reselling, renting, lending its qualification certificate or unlawfully transferring its qualification certificate by any other means; | | （三）涂改、倒卖、出租、出借或者以其他形式非法转让资质证书的； |
| |
|
| (4)Failing to carry out a testing according to the relevant compulsory standards of the state for project construction, and causing any quality safety accident or augmentation of any loss as incurred from an accident; or | | （四）未按照国家有关工程建设强制性标准进行检测，造成质量安全事故或致使事故损失扩大的； |
| |
|
| (5)Forging any testing data, or producing any fraud testing report or drawing any fraud authentication conclusion. | | （五）伪造检测数据，出具虚假检测报告或者鉴定结论的。 |
| |
|
| Article 9 Where a testing institution that has obtained the qualification of testing institutions fails to meet the relevant standards for the qualification of testing institutions, the administrative department of construction of the province, autonomous region or municipality directly under the Central Government shall, according to the request of the interested person or according to its functions and powers, order the relevant testing institution to correct within a time limit. Where a testing institution fails to correct within the prescribed period, the administrative department of construction may withdraw the relevant qualification certificate. | | 第九条 检测机构取得检测机构资质后，不再符合相应资质标准的，省、自治区、直辖市人民政府建设主管部门根据利害关系人的请求或者依据职权，可以责令其限期改正；逾期不改的，可以撤回相应的资质证书。 |
| |
|
| Article 10 No entity or individual may alter, resell, rent, lend its/his qualification certificate or unlawfully transfer its/his qualification certificate by any other means. | | 第十条 任何单位和个人不得涂改、倒卖、出租、出借或者以其他形式非法转让资质证书。 |
| |
|
| Article 11 A testing institution shall, where altering its name, address, legal-person representative or technical person-in-charge, go to the original examination and approval organ to handle the formalities for alteration within 3 months. | | 第十一条 检测机构变更名称、地址、法定代表人、技术负责人，应当在3个月内到原审批机关办理变更手续。 |
| |
|
| Article 12 The practice of quality testing as prescribed in the present Measures shall be entrusted by a project entity to a testing institution with the relevant qualification. The entrusting party and the entrusted party shall conclude a written contact. | | 第十二条 本办法规定的质量检测业务，由工程项目建设单位委托具有相应资质的检测机构进行检测。委托方与被委托方应当签订书面合同。 |
Where any interested person to a testing conclusion has any dispute over the testing conclusion, it shall be re-tested by a testing institution that has been jointly ratified by both parties. The party that has suggested a re-testing shall report the re-testing conclusion to the local administrative department of construction for archival filing. | |
检测结果利害关系人对检测结果发生争议的，由双方共同认可的检测机构复检，复检结果由提出复检方报当地建设主管部门备案。 |
| |
|
| Article 13 The selection of test samples for qualification testing shall be carried out in strict accordance with the relevant standards for project construction as well as the relevant provisions of the state by means of on-the-spot sampling under the supervision of the project entity or the supervisory entity of project. The relevant entity or individual who provides test samples for quality testing shall be responsible for the authenticity of the test samples. | | 第十三条 质量检测试样的取样应当严格执行有关工程建设标准和国家有关规定，在建设单位或者工程监理单位监督下现场取样。提供质量检测试样的单位和个人，应当对试样的真实性负责。 |
| |
|
Article 14 A testing institution shall, after concluding a testing, produce a testing report in a timely manner. The testing report shall be signed by testing personnel as well as bear the signature of its legal-person representative or an authorized signatory and shall be affixed with the seal of the testing institution or a special seal for testing before it comes into effect. The testing report shall be put on files by the construction entity upon the confirmation of the project entity or the supervisory entity of project.
．．．．．． | | 第十四条 检测机构完成检测业务后，应当及时出具检测报告。检测报告经检测人员签字、检测机构法定代表人或者其授权的签字人签署，并加盖检测机构公章或者检测专用章后方可生效。检测报告经建设单位或者工程监理单位确认后，由施工单位归档。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥600.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |