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Ministry of Construction Order of the
Ministry of Construction No. 141
Measures for the Administration of
Quality Testing of Construction Projects
Article 1 With a view to strengthening the administration of quality
testing of construction projects, the present Measures
are formulated in accordance with the Construction Law of the People's
Republic of China and the Regulations on the Quality
Administration of Construction Projects.
Article 2
Application for the qualification of a testing institution of project
quality that engages in the testing of
test blocks, test-pieces and 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 in line with
the present Measures.
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 sampling of the items
concerning structural security and evidential
testing of the construction materials, structures and fixtures on
construction site in accordance with the relevant laws and
regulations of the state as well as the compulsory standards for project
construction.
Article 3 The
competent construction department of the State Council shall be
responsible for the supervision and
administration of all quality testing activities throughout the country,
and shall be responsible for formulating the
qualification standards for testing institutions.
The competent construction departments of the people's governments of
all provinces, autonomous regions and
municipalities directly under the Central Government shall be
responsible for the supervision and administration of quality
testing activities within their respective administrative regions, and
shall be responsible for the examination and
approval of the qualification of testing institutions.
The competent construction departments of the people's governments at
the city or county level shall be responsible
for the supervision and administration of quality testing activities
within their respective administrative regions.
Article 4 The
testing institution shall be an intermediary institution with the status
as an independent legal person. A
testing institution shall obtain the relevant qualification certificate
in accordance with the present Measures before
engaging in any quality testing practice as prescribed in Annex I of the
present Measures.
The qualification of testing institutions is classified into
the qualification of special testing institutions and the
qualification of evidential testing institutions according to
the content of the quality testing activities as undertaken.
The standards for the qualification of testing institutions
shall be governed by the provisions of Annex II.
A testing institution without the relevant qualification
certificate may not undertake any quality testing as
prescribed by the present Measures.
Article 5 An
institution that applies for testing
qualification shall submit the following application materials
to the relevant competent construction department of the
people's government of the province, autonomous region or
municipality directly under the Central Government:
(1) The Application Form for the Qualification of Testing
Institutions in triplicate;
(2) The original and photocopy of its industrial and
commercial business license;
(3) The original and photocopy of the certificate for
measurement attestation corresponding to the scope of testing
qualification it applies for;
(4) The major testing apparatus and checklist;
(5) The originals and photocopies of professional title
certificates, identity cards and social insurance contacts of
the technical personnel; and
(6) The management system and the measures for quality
control of the testing institution.
The format of the Application Form for the Qualification of
Testing Institutions shall be formulated by the competent
construction department of the State Council.
Article 6 The competent construction departments of the
people's government of all provinces, autonomous regions or
municipalities directly under the Central Government shall,
after having received the application materials of an
applicant, make an instant decision on whether or not to
accept the application, and shall issue a written certificate
to the applicant. Where any application material is incomplete
or fails to comply with the statutory format, the competent
construction department shall inform the applicant once for
all of all the items that need to be supplemented or corrected
within 5 days. If it fails to notify within the time limit,
the day when the application are received shall be regarded as
the day of acceptance.
The competent construction departments of all provinces,
autonomous regions or municipalities directly under the
Central Government shall, after having received the
application materials of an applicant, shall examine the
application materials, and shall conclude the examination and
approval within 20 workdays as of the date of acceptance and
issue 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 competent construction department of the
State Council for record.
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 competent construction department of the
State Council. The original and the duplicate are of the same
legal effect.
Article 8 The period of validity of the Qualification
Certificate of Testing Institutions shall be three years.
Where the period of validity of the Qualification Certificate
of Testing Institutions needs to be extended, the testing
institution shall apply for going through the formalities of
extension within 30 workdays before the expiration of the
qualification certificate.
Where a testing institution has none of the following acts
within the period of validity 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 period of
validity of the qualification certificate shall be extended
for three years, the original examination and approval organ
shall affix the special seal of extension on the duplicate of
the qualification certificate. Where a testing institution
commits any of the following acts within the period of
validity of its qualification certificate, the original
examination and approval organ may not approve the extension:
(1) Engaging in any testing activity beyond the qualified
scope;
(2) Subcontracting any testing business;
(3) Altering, scalping, leasing, lending the qualification
certificate or illegally transferring its qualification
certificate by any other means;
(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 aggravation of
accident loss; or
(5) Forging any testing data, or issuing any false testing
report or drawing any fraudulent authentication conclusion.
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 competent construction department of the
province, autonomous region or municipality directly under the
Central Government shall, on the request of the interested
person or according to its powers, order the testing
institution to make corrections within a time limit. Where a
testing institution fails to correct within the said period,
the competent construction department may withdraw the
relevant qualification certificate.
Article 10 No entity or individual may alter, scalp, lease,
lend the qualification certificate or illegally transfer the
qualification certificate by any other means.
Article 11 A testing institution shall, when applying for
altering its name, address, legal representative or the person
in charge of technologies, go to the original examination and
approval organ to make up the formalities for alteration
within three months.
Article 12 The practice of quality testing as prescribed in
the present Measures shall be entrusted by a construction
entity to a qualified testing institution. A written contact
shall be concluded by the entrusting party and the entrusted
party.
Where an interested party to a testing conclusion has any
dispute over the testing conclusion, a testing institution
recognized by both parties shall be entrusted to carry out a
re-testing. The party who proposed the re-testing shall report
the re-testing conclusion to the local competent construction
department for record.
Article 13 The selection of test samples for qualification
testing shall be carried out in strict compliance 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 construction 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.
Article 14 A testing institution shall issue a testing report
upon completion of a testing. The testing report shall be
signed by testing personnel and the legal representative of
the testing institution or an authorized person thereof, and
shall be stamped 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 after it is confirmed by the construction entity or the
supervisory entity.
The names of witnesses and the entity they work for shall be
indicated in the testing report of evidential testing.
Article 15 No entity or individual may explicitly instruct or
give hint to a testing institution to issue any fraudulent
testing report, or alter or forge any testing report.
Article 16 A testing person may not be employed by two
testing institutions or more simultaneously.
A testing institution or testing person may not recommend or
supervise the manufacture of any construction material,
construction structures, fixtures or equipment.
A testing institution may not have any subordination
relationship or share any other interest with an
administrative department, an organization with the functions
of managing public affairs as authorized by laws and
regulations, as well as designing entities, construction
entities or supervisory entities relating to the items of the
testing project.
Article 17 A testing institution may not subcontract any
testing business.
Where a testing institution undertakes any testing practice
across provinces, autonomous regions or municipalities
directly under the Central Government, it shall report it to
the competent construction department of the people's
government of the province, autonomous region or municipality
directly under the Central Government where the project is
located for record.
Article 18 A testing institution shall be responsible for the
authenticity and accuracy of the testing data and the testing
report.
Where a testing institution violates any law or regulation or
the compulsory standards for project construction and causes
any loss to any other person, it shall take the corresponding
compensatory liabilities according to law.
Article 19 A testing institution shall timely report, the
violation committed by any development entity, supervisory
entity or construction entity of any law, regulation or
compulsory standards for project construction as well as any
failure to pass the testing of structural security, to the
competent construction department where the project is located
.
Article 20 A testing institution shall establish the rules
for archive management. The testing contract, entrustment
form, original records and testing report shall be uniformly
numbered on an annual basis. The serial numbers shall be made
in a sequential manner and may not be withdrawn, revoked or
altered at random.
A testing institution shall separately establish an account
of those projects that fail to pass the relevant testing.
Article 21 The competent construction department of the
people's government at or above the county level shall
strengthen the supervision and examination of a testing
institution, and focus on examining the following contents:
(1) Whether or not it meets the standards for qualification
as prescribed in the present Measures;
(2) Whether or not it undertakes any quality testing beyond
its qualified scope;
(3) Whether or not it alters, scalp, lease or lends its
qualification certificate or unlawfully transfers its
qualification certificate by any other means;
(4) Whether or not the testing report bears the prescribed
signature and seal, and whether or not the testing report is
authentic;
(5) Whether or not it carries out a testing according to the
relevant technical standards and provisions;
(6) Whether or not its apparatus and environmental conditions
meet the requirements of measurement attestation; and
(7) Other matters as prescribed by any law or regulation.
Article 22 The competent construction department may adopt
the following measures when carrying out supervision and
examination:
(1) Requiring a testing institution or the entrusted party
concerned to provide the relevant documents and materials;
(2) Entering the working site of a testing institution
(including the relevant construction site) to carry out a
random test;
(3) Organizing a comparison test to inspect the testing
capability of a testing institution; and
(4) Ordering the relevant testing institution to make
corrections when it finds any testing that fails to meet the
requirements as prescribed by the relevant laws and
regulations or the standards for project construction.
Article 23 The competent construction department may adopt
the method of sampling for the relevant test samples and test
materials to collect evidence in supervision and examination.
Where any evidence may possibly be lost or difficult to obtain
in the future, it shall register and put on records the
relevant test samples and test materials in advance upon the
approval of the person-in-charge of the department, and shall
timely make the relevant handling decision within 7 days,
during which the parties or personnel concerned may not
destroy or transfer the relevant test samples and test
materials.
Article 24 The competent construction department of the local
people's government at or above the county level shall handle
any problem as discovered in the course of supervision and
examination within its prescribed power limit, and shall
timely report it to the examination and approval organ of
qualification.
Article 25 The competent construction department shall
establish a system for acceptance and settlement of complaints
and publicize the telephone number, contact address as well as
email address.
Where a testing institution carries out any testing in
violation of the relevant laws and regulations or the
standards for project construction, any entity or individual
shall have the right to complain to the competent construction
department. The competent construction department shall, after
receiving a complaint, timely verify the complaint and make
the decision on how to deal with the said testing institution
according to the present Measures, and shall inform the
relevant complainer of the handing opinions within 30 days.
Article 26 If a testing institution violates the provisions
of the present Measures by illegally undertaking any testing
practice as prescribed in the present Measures without any
prescribed qualification, the testing report it produces shall
be invalid. The competent construction department of the local
people's government at or above the county level shall order
it to make corrections and impose on it a fine of more than
10, 000 Yuan but less than 30, 000 Yuan.
Article 27 Where a testing institution conceals the relevant
information or provides any false material in its application
for qualification, the competent construction department of
the people's government of the province, autonomous region or
municipality directly under the Central Government may not
accept the application or grant any administrative license,
and shall give a warning of prohibiting the said testing
institution from filing a new application within 1 year.
Article 28 Where a testing institution obtains a
qualification certificate by such unjust means as cheating or
making bribes, the competent construction department of the
people's government of the province, autonomous region or
municipality directly under the Central Government shall
revoke its qualification certificate and prohibit the said
testing institution from filing the application for
qualification again within 3 years. The competent construction
department of the local people's government at or above the
county level shall impose on it a fine of more than 10, 000
Yuan but less than 30, 000 Yuan. Where a crime is constituted,
it shall be investigated for criminal responsibilities
according to law.
Article 29 A testing institution that violates the present
Measures by committing any of the following acts shall be
ordered to make corrections by the competent construction
department of the local people's government at or above the
county level and be imposed a fine of more than 10, 000 Yuan
but less than 30, 000 Yuan. Where a crime is constituted, it
shall be investigated for criminal responsibilities according
to law:
(1) Engaging any testing practice beyond the qualified scope;
(2) Altering, scalping, leasing, lending or transferring the
qualification certificate;
(3) Employing any unqualified testing persons;
(4) Failing to report any irregular or illegal act as found
or any failure to pass a testing according to the relevant
provisions;
(5) Failing to sign or affix a seal on the testing report
according to the relevant provisions;
(6) Failing to carry out a testing according to the relevant
compulsory standards of the state for project construction;
(7) Managing its archival materials disorderly and making it
impossible to trace testing data; or
(8) Subcontracting the testing undertaking.
Article 30 Where a testing institution forges any testing
data or produces any fraudulent testing report or
authentication conclusion, the competent construction
department of the people's government at or above the county
level shall give it a warning and impose on it a fine of 30,
000 Yuan. A testing institution that incurs any loss to any
other person shall assume the compensatory responsibilities
according to law. Where a crime is constituted, it shall be
investigated for criminal responsibilities according to law.
Article 31 Where an entrusting party violates the provisions
of the present Measures by committing any of the following
acts, the competent construction department of the local
people's government at or above the county level shall order
it to make corrections and impose on it a fine of more than
10, 000 Yuan but less than 30, 000 Yuan:
(1) Entrusting an unqualified testing institution to carry
out any testing;
(2) Explicitly or impliedly indicating a testing institution
to produce a fraudulent testing report or to alter or forge
any testing report; or
(3) Employing any trickery in the presentation of test
samples.
Article 32 Where a testing institution is fined in accordance
with the provisions of the present Measures, the legal
representative and other persons directly responsible shall be
fined more than 5% and less than 10% of the fine as imposed on
the said testing institution.
Article 33 Where a functionary of the competent construction
department of the people's government at or above the county
level is under any of the following circumstances in the
administration of quality testing, he/she shall be given an
administrative sanction. If a crime is constituted, he/she
shall be investigated for criminal responsibilities according
to law:
(1) Issuing any qualification certificate to an applicant
that fails to satisfy the relevant statutory requirements;
(2) Failing to issue a qualification certificate to an
applicant that satisfies the relevant statutory requirements;
(3) Failing to issue a qualification certificate to an
applicant who satisfies the relevant statutory requirements
within the statutory time limit;
(4) Taking advantage of his power to accept the property of
any other person or any other benefit; or
(5) Failing to perform his functions and duties of
supervision and administration according to law or failing to
investigate into and deal with irregularities as found.
Article 34 A testing institution and the entrusting party
concerned shall collect and pay the relevant testing fees
according to the relevant provisions. As to any item, for
which there is no specific standard for fee charging, the
relevant fees shall be charged on the basis of a negotiation
of both parties.
Article 35 The testing of test blocks, test-pieces and the
relevant materials concerning structural security in any water
conservancy project, railway project or highway project may,
according to the relevant provisions, be handled by referring
to the present Measures. An energy-saving testing shall be
carried out according to the relevant provisions of the State.
Article 36 The present provisions shall go into effect as of
November 1, 2005.
Annex I:
Practice Contents of Quality Testing
I. Special Testing
1. The testing of foundation engineering projects
(1) The static loading testing of the foundation as well as
the bearing capacity of composite foundation;
(2) The testing of the bearing capacity of piles;
(3) The testing of the integrity of pile shaft; and
(4) The testing of the locking power of rock bolts.
2. The on-the-spot testing of principal structure projects
(1) The on-the-spot testing of strength of concrete, mortar
and masonry;
(2) The testing of the thickness of protective covering of
concrete steel;
(3) The testing of the structural property of prefabricated
concrete units; and
(4) The testing of the mechanics property of rear buried
parts.
3. The testing for curtain wall projects of buildings
(1) The testing of the air tightness, water tightness,
property of deformation under wind pressure and interlayer
shift property;
(2) The testing of the compatibility of structural silicone
sealant.
4. Testing of steel structure projects
(1) The testing of the welding quality of steel structure;
(2) The testing of the anti-corrosion and fire retardant
finishing;
(3) The testing of node points, the standard fastening for
mechanical connection and the mechanics property of
high-strength bolts; and
(4) The testing of the deformation of steel net rack.
II. Evidential Testing
1. The examination of physical mechanics performance of
cement;
2. The examination of the mechanics property of concrete
steel (including welding and mechanical connection);
3. The routine examination of sand and stone;
4. The examination of strength of concrete and mortar;
5. A simple earthwork testing;
6. The examination of concrete adulterating agent;
7. The examination of pre-stressed steel strand and anchor
fixture; and
8. The examination of pitch and pitch mixture.
Annex II
Standards for the Qualification of Testing Institutions
I. A special testing institution or an evidential testing
institution shall satisfy the following basic requirements:
(1) The registered capital of a special testing institution
shall be not less than 1 million Yuan and the registered
capital of an evidential institution shall be not less than
0.8 million Yuan;
(2) The relevant project corresponding to the testing
qualification as applied for passing the measurement
attestation;
(3) Having experiences of quality testing, construction,
supervision or design, and having no less than 10 technical
professionals who have received the relevant trainings for
testing techniques; having no less than 6 technical
professionals if it is located in remote counties (districts);
(4) Having the apparatus, equipment and working place that
meet the requirements for undertaking testing practice; in
particular, the measurement instruments that are subject to
the compulsory examination and determination may not be used
unless they have passed the compulsory examination and
determination; and
(5) Having a complete system of technical administration and
quality guaranty.
II. A special testing institution shall satisfy the following
applicable requirements as well as the basic requirements:
(1) Category of the testing of foundation engineering
projects
Having no less than 4 technical professionals who have
engaged in the testing of piles more than 3 years with senior
or intermediate professional title, one of whom shall have the
qualification of certified geotechnical engineer.
(2) Category of the testing of principle structure projects
Having no less than 4 technical professionals who have
engaged in the testing of structure projects more than 3 years
with senior or intermediate professional title, one of whom
shall have the qualification of certified structural engineer
Grade II..
(3) Category of the testing of building curtain wall projects
Having no less than 4 technical professionals who have
engaged in the testing of building curtain walls more than 3
years with senior or intermediate professional title.
(4) Category of the testing for steel structure projects
Having no less than 4 technical professionals who have
engaged in the testing of mechanical connection of steel
structure as well as of deformation of steel net rack more
than 3 years with senior or intermediate professional title,
one of whom shall have the qualification of certified
structural engineer Grade II.
III. An evidential testing institution shall not only satisfy
the aforesaid basic requirements but also have no less than 3
technical professionals who have engaged in the practice of
testing more than 3 years with senor or intermediate
professional title. If it is located in the remote counties
(districts), it shall have no less than 2 professionals.
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