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1. Construction Law of the People's Republic of China (revised in 2011).
2. Measures for the Administration of Contracting and Valuation of Construction Projects (Decree No. 16 of the Ministry of Housing and Urban-Rural Development of the People's Republic of China).
3. Regulations on the Management of Construction Enterprise Qualifications (Decree No. 22 of the Ministry of Housing and Urban-Rural Development 4, Administrative Measures for the Completion and Acceptance of Housing Construction and Municipal Infrastructure Projects.
5. Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts.
6. Notice of the Ministry of Construction and the State Administration for Industry and Commerce on Printing and Distributing the Construction Contract (Model Text) of Construction Projects
7. Regulations on the supervision and management of fire protection of construction projects (revised in 2012) 8. Measures for the Quality Warranty of Housing Construction Projects
9. Interim Measures for the Management of Quality Deposit for Construction Projects.
10. Bidding Law of the People's Republic of China.
11. Regulations on the Administration of Work Safety in Construction Projects.
12. Measures for the management of construction permits for construction projects.
13. Measures for the management of construction project construction contracting and contract valuation.
14. Measures for the management of subcontracting of housing construction and municipal infrastructure projects.
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Contract Law, Interpretation of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Construction Contracts.
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Legal Analysis: The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts is a law and regulation promulgated by the Supreme People's Court, which was adopted on September 29, 2004 and came into force on January 1, 2005.
Legal basis: Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts
Article 1 If the construction contract of an ambushed construction project has any of the following circumstances, it shall be found invalid in accordance with the provisions of the first paragraph of Article 153 of the Civil Code:
1) The contractor has not obtained the qualification of a construction enterprise or has exceeded the qualification level;
2) The actual constructor without qualifications borrows the name of a qualified construction enterprise;
C) the construction project must be tendered and not tendered or the bid is invalid.
A construction contract signed by a contractor with another person due to subcontracting or illegal subcontracting of a construction project shall be found to be invalid in accordance with the provisions of paragraph 1 of Article 153 and paragraphs 2 and 3 of Article 791 of the Civil Code.
Article 2 The substantive content of the construction contract, construction period, project quality, project price and other substantive contents agreed in the construction contract signed by the tenderer and the winning bidder is inconsistent with the winning contract, and one party requests to determine the rights and obligations in accordance with the winning contract, the people's court shall support it. If the tenderer and the winning bidder sign a contract outside the winning contract on the purchase of real estate, free construction of housing facilities, concessions, and donations of property to the construction unit, etc., and reduce the project price in disguise, if one party requests confirmation of invalidity on the grounds that the contract deviates from the substantive content of the winning contract, the People's Punchang Court shall support it.
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Legal analysis: A construction contract refers to an agreement between the employer (construction unit) and the contractor (constructor) to clarify mutual rights and obligations in order to complete the agreed construction project. In accordance with the construction contract, the foundation rolling construction unit shall complete the construction tasks assigned by the construction unit, and the construction unit shall provide the necessary conditions and pay the project price in accordance with the regulations.
Legal basis: Article 788 of the Civil Code of the People's Republic of China A construction project contract is a contract in which the contractor carries out the construction of the project and defends the contractor to pay the price.
Construction contracts include engineering survey, design and construction contracts.
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Summary. Article 1 - ObjectivesThe Order aims to regulate the activities of the construction industry and ensure that its activities comply with the legal framework. Article 2 shall be defined for the purposes of this Order, and the following definitions shall apply:
Building: means any building, whether natural or man-made, placed in permanent or temporary form and used by external forces for living, working, recreation and leisure, or for any other activity. Construction:
means any activity intended to be constructed or used for the construction of a building or structure.
Article 1 - ObjectivesThe purpose of the Order is to regulate the activities of the construction industry and to ensure that its activities comply with the legal framework. Article 2 Definitions for the purposes of this Order shall apply the following definitions: Building:
means any building, whether natural or man-made, placed in permanent or temporary form, subjected to external forces, for living, working, recreational and leisure, or for any other activity. Construction: refers to any activity that is intended to be constructed or used for the construction of a building or structure.
Come out of it. Article 3 The management of the construction industry shall be supervised in accordance with the relevant legal framework and orders. Article 4 – Rights and ObligationsParticipants in the construction industry have the right to fair remuneration and are responsible for complying with the relevant legal frameworks and orders.
Article 5 The inspection and enforcement of the construction industry shall be subject to regular inspection and law enforcement carried out by the first mask agency in accordance with the law. Article 6 - Penalties for the provisions of the die, if there is any non-conformity.
order, participants in the construction industry will be bound by the applicable penal provisions.
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