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Yes, it is illegal to be affiliated with qualifications. Generally speaking, qualification is a symbol of the strength of an enterprise, but also a prerequisite for contracting projects, but enterprises want to handle architectural design qualifications is not so simple, from the content of qualification standards can feel the difficulty of handling: enterprise assets need to meet the specified qualifications, staffing needs to meet the number and type, senior qualifications for enterprise performance also have requirements.
At present, the state is cracking down on illegal affiliation, qualification cooperation is now the preferred way in the engineering industry, this way is feasible, as for the opening of branch offices is a better way.
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Hello, qualification affiliation is illegal, you can't join the qualification, it's easy to be caught if the qualification joins, so it's best not to.
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Qualification affiliation is a crime, and the state expressly prohibits it!
But now whether it is certificate affiliation or construction affiliation, it is a fact, and the state is only constantly standardizing the policy, and when there is no loophole in the policy one day, the affiliation will not exist. At present, as long as there is no problem with the quality of the project or the situation of hitting the muzzle of the gun, the state will not investigate!
It is recommended that the enterprise will be more cost-effective to do a qualification by itself, and you can always use the qualification, and this qualification fee is a one-time fee, and the qualification will be given to the affiliated unit every year, and the affiliation fee is also a lot of money!
Article 66 of the Construction Law of the People's Republic of China.
If a construction enterprise transfers or lends a qualification certificate or otherwise allows others to contract a project in the name of the enterprise, it shall be ordered to make corrections, confiscate illegal gains, and impose a fine, and may be ordered to suspend business for rectification and reduce the qualification level; where the circumstances are serious, the qualification certificate is revoked.
For the losses caused by the contracted project not meeting the specified quality standards, the construction enterprise and the unit or individual using the name of the enterprise shall be jointly and severally liable for compensation.
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The qualification of the construction industry can be attached, and generally you will give the affiliated unit a fee, and he will lend you this qualification for bidding and undertaking projects.
However, it is still recommended that the enterprise will be more cost-effective to do a qualification by itself, and you can always use the qualification, and this qualification fee is a one-time fee, and the qualification must be given to the affiliated unit every year, and the affiliation fee is also a lot of funds!
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Many construction companies have to rely on the qualifications of other people's companies to operate in the start-up stage for various reasons, always thinking that as long as they give a little expense to others, they don't have to worry about so much.
There are many risks associated with qualifications.
1. Violating the law. The state has been cracking down on the practice of affiliation with qualifications. Article 26 of the Construction Law clearly stipulates that "construction enterprises are prohibited from engaging in any form of construction in the name of other construction enterprises beyond the business scope permitted by their own qualification level." ”
Second, the cost is large.
1.Affiliated with other people's qualifications, you also need to pay a high affiliation fee every year, and the average annual affiliation cost of long-term project affiliation is at least 10 to 200,000 yuan.
2.The process of recording the project money is to first enter the affiliated company, and then transfer it to its own company, and transfer it from business to company, which requires us to provide an invoice again, which is equivalent to paying taxes again.
Third, there are financial risks.
1.If you encounter an unscrupulous company, you will use various reasons to perfunctory you, and then give it to you after a week or two, during which you need to advance your homework.
2.Some companies authorize you to use it on an annual basis, and you can do it well, but in the second year, you can find a reason to increase your various expenses, which makes it difficult for you to continue to do it, and it is not okay not to do it.
There is another point that cannot be ignored: the project is not qualified to be attached to other people's qualifications, and the project performance can only be regarded as the performance under the name of the qualified party, which has nothing to do with itself, which is equivalent to making a wedding dress for others.
If you want to have your own place in the engineering industry, you must have your own qualifications, so that you will not be led by others, so that you will not be controlled by others.
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Legal Analysis: Illegal. The Construction Law has made prohibitive provisions on the act of affiliation.
Article 26 of the Construction Law clearly prohibits affiliation, and Article 26 of the Law clearly stipulates that "construction enterprises are prohibited from exceeding the business scope permitted by their own qualification level or contracting projects in the name of other construction enterprises in any form." It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises."
Legal basis: "Construction Law of the People's Republic of China" Article 26 The unit contracting construction project shall hold the qualification certificate obtained in accordance with the law, and undertake the project within the business scope permitted by its qualification level.
It is forbidden for construction enterprises to exceed the business scope permitted by the qualification level of the enterprise or to contract projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises."
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Legal analysis: Affiliation is legal for non-combustible bridges, and the signed agreements are not protected by law. The Construction Law has made prohibitive provisions on the act of affiliation.
Legal basis: Construction Law of the People's Republic of China Article 26 It is forbidden for construction enterprises to exceed the business scope permitted by the qualification level of the enterprise or to contract projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises.
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