Shanghai issued a three-year action plan for the special rectification of construction market behavior to crack down on violations of laws and regulations in the construction market!

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In order to severely crack down on violations of laws and regulations in the construction market and continuously standardize the market order, according to the three-year Action Plan for Special rectification of Urban Construction Safety issued by the work Safety Commission of the State Council, our committee has formulated the three-year Action Plan for Special rectification of Construction Engineering Market behavior in Shanghai, which is now issued to you. Please earnestly implement it.

Three-year Action Plan for Special Rectification of Shanghai's Construction Engineering Market Behavior

1. Work Target
From now until the end of 2022, special rectification will be carried out in the city's housing construction and non-transportation municipal infrastructure engineering fields to further standardize the market behavior of the responsible subjects in the construction market, and to investigate and deal with problems such as non-compliance with legal construction procedures and unlicensed construction, we will rectify the problems of illegal contracting, subcontracting, illegal subcontracting and affiliation, further improve the supervision efficiency of the construction market, and form an open, equal, orderly, honest and trustworthy construction market environment.
2. work measures
1, increase the construction market access clearance efforts. will clear out the city's construction market of enterprises and individuals that have illegal behaviors such as subcontracting, affiliation, licensing, malicious arrears of project payments and migrant workers' wages.
2, comprehensive application of information management platform. Continue to promote the "Internet market supervision" model, make full use of the construction market management information platform, implement the real-name management of migrant workers, the full monthly payment of migrant workers' wages, and the general contracting system to improve the efficiency of construction market supervision.
3, effectively strengthen the construction of credit system. Strengthen the comprehensive credit evaluation management in the field of engineering construction, implement the "blacklist" system, comprehensively record and collect the credit information of the construction market participants, and publicly and scientifically evaluate the credit evaluation results. We will increase support for subjects with good credit, take restrictions and disciplinary measures in administrative licensing, bidding and qualification management, and build a long-term mechanism for the supervision of the construction market with credit as the core.
4. Establish and improve the problem ledger mechanism. The municipal and district construction administrative departments must establish a ledger for violations of laws and regulations in the construction market, register the problems found and verified in daily industry supervision, law enforcement inspections, and complaints and reports, carefully follow up and supervise, rectify item by item, and sell within a limited time. Number, to ensure that the special rectification achieves practical results, and effectively curb the chaos in the construction market.
5. Strengthen inspection and law enforcement. The municipal and district construction administrative departments should take the form of unannounced visits, surprise inspections, and random inspections to carefully organize and carry out various supervision and inspections.
3. renovation focus
focuses on the following illegal behaviors in the construction market:
(I) construction procedures and project contracting
1, and the construction unit fails to handle the construction permit without authorization.
2. Remediate the construction unit that contracts out the project to individuals or units without corresponding qualifications, dismember the contract, contract out in violation of legal procedures and other contract out in violation of laws and regulations, and focus on the rectification of the construction unit that contracts out the construction of a unit project into several parts to different construction general contractors or professional contractors.
3. Remediate the construction unit's failure to perform or perform its obligations according to the contract and fail to pay the project payment in time, and focus on the construction unit's failure to pay the labor cost in time.
4. After the construction unit contracts the project, it fails to perform or fails to perform its obligations according to the contract, dismemberment of all the projects it contracts or transfer them to other units or individuals for construction in the name of subcontracting, and focuses on the behavior of the parent company to hand over the project to a subsidiary with independent legal personality for construction.
5. Renovate the behavior of subcontracting unit projects or partial projects to other units or individuals for construction in violation of laws and regulations after contracting the project. Focus on the behavior of professional operation contractors in addition to the labor operation expenses, but also the main construction materials, large and medium-sized construction machinery and equipment, and the main turnover materials expenses.
6. Renovate the transfer and lending of qualifications by construction units, and the acts of units or individuals contracting projects in the name of other qualified construction units.
(II) Project Organization and Management and Individual Arrival and Practice
1. Remediate the behavior of construction enterprises that fail to set up project management teams and allocate personnel in key positions as required.
2. The on-site construction project department and supervision department shall not be equipped according to the standards promised in the bidding documents and change the behavior of the winning bidder at will.
3. Remediate the behavior that the management personnel of key positions on the spot have not established labor and wage relations and social endowment insurance relations with the employing units.
4. Renovate the behavior of registered construction engineers and registered supervision engineers who fail to fulfill their construction management obligations according to regulations.
4. Remediation Steps
(I) Investigation and Remediation (September to December 2020)
While earnestly preventing and controlling the epidemic situation, resuming work and production, and promoting sustained and healthy economic and social development, each unit investigates and analyzes the problems existing in the construction market behavior, puts forward targeted countermeasures and measures, formulates a special rectification plan for the construction market in the region, and makes mobilization and deployment. For the problems found in the investigation, it is necessary to clarify the rectification responsibilities and rectification requirements, adhere to the inspection and reform, and accelerate the implementation, and the rectification work has achieved initial results.
(II) Focus on Tackling (2021)
Municipal and District Construction Administrative Departments guide and urge the responsible entities of all parties involved in the construction of projects within their jurisdiction to earnestly implement the requirements of special rectification of the construction market, earnestly fulfill the main responsibility of safe production, and conduct comprehensive self-examination and self-correction of all projects under construction in the unit. On the basis of self-inspection and self-correction of enterprises and projects, the construction administrative departments of each district supervise and inspect key enterprises and key projects within their jurisdiction, continue to carry out centralized rectification of hidden dangers in view of key and difficult problems, strengthen tracking and rectification, and implement closed-loop management until rectification and sales number. The administrative departments of all districts should strengthen the efforts of special rectification, implement and improve the governance measures, promote the establishment and improvement of the construction market management mechanism, and achieve remarkable results in the special rectification work.
(III) Consolidation and Promotion (2022)
Deeply analyzes the common problems and outstanding hidden dangers in the construction market, digs into the deep-seated contradictions and reasons behind the problems, sorts out the specific systems that need to be established and perfected at the level of regulations, standards and policies and measures, improves the long-term mechanism, and promotes the implementation one by one. Timely summarize and refine the mature experience of the rectification action, and form a batch of system achievements to be popularized in the whole city.
5. safeguard measures
(I) set up special classes, strengthen organization and leadership
All districts and participating enterprises should set up special rectification work leading groups according to unified deployment, clarify the division of responsibilities, refine and decompose tasks, and earnestly implement the deployment. In accordance with the unified deployment of this action plan, combined with the actual work, scientifically determine the work objectives, formulate specific implementation plans, introduce practical measures, achieve results in special rectification, and resolutely put an end to formalism and bureaucracy.
(II) strengthen guidance, strengthen process management
strengthen dynamic inspection and process inspection, strengthen responsibility assessment, and ensure that responsibilities are in place and tasks are completed in place. It is necessary to effectively strengthen the supervision and inspection of the development of special rectification, and timely study, coordinate and solve problems that arise in the work.
(III) multiple measures to ensure the effectiveness of rectification
Strengthen the supervision of special rectification work, comprehensively use effective measures such as notifications, interviews, warnings, and exposures to strengthen supervision and inspection to ensure tangible results. Those who are not responsible for the rectification work, do not act, do not implement the division of responsibilities, take ineffective measures, hang on to major problems and hidden dangers, and fail to complete the objectives and tasks within the time limit shall be firmly held accountable in accordance with the law.
(IV) extensive publicity, strengthen public opinion guidance
give full play to the role of various media, take various forms to strengthen publicity and reporting. Strengthen positive guidance and negative warning education, and actively create a strong atmosphere of public opinion.