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The process from the signing of the contract to the issuance of the notice of commencement:
1. To handle the quality and safety supervision of construction projects for the record, it is necessary to submit construction contracts, building materials testing entrustment contracts, supervision contracts, construction project construction contract filing forms and other materials.
It takes about 10 days to prepare the materials;
2. Safety supervision filing (5 working days).
It is necessary to submit the civilized construction responsibility letter, the safety supervision record form, the construction safety condition audit form, the safety production certificate (copy) of the construction unit, the agreement on the increase fee for safe and civilized construction and safety measures, and the project information table for the safety supervision record.
It takes about 10 days to prepare the materials and 5 working days to file the record, a total of 15 days (which can be synchronized with the first item).
3. Issuance of construction permit (5 working days).
It is necessary to submit: the construction organization design countersign form (original) countersigned and stamped by the construction unit, the construction unit, and the supervision unit, the relevant safety technology construction plan, and the wage deposit or letter of guarantee for migrant workers. It takes about 10 to 20 days for the construction unit to prepare and review the construction organization design and safety technology construction plan (depending on the size of the project), and it takes 5 working days to issue the construction permit, which takes about 20 days in total.
4. Submission and issuance of commencement report (5 working days).
From the above, it can be seen that after the contract is signed, it will take about 40 days to issue a notice of commencement, during which time the construction unit will be able to build temporary facilities and make other preparations for the commencement of construction before the commencement report is issued.
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1. Article 46 of the Tendering and Bidding Law of the People's Republic of China The tenderer and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract. 2. The contract must be signed within 30 days from the date of issuance of the notice of winning the bid.
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Law and key or law analysis: if the contract is signed on the construction site, the construction should be started within the time specified in the contract, and if the construction cannot be carried out under certain circumstances, the application for delaying the construction should be accepted.
Legal basis: Article 511 of the Civil Code of the People's Republic of China The parties are not clear on the content of the relevant contract and cannot be determined according to the provisions of the preceding article, the following provisions shall apply: (1) If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.
2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions. (3) Where the place of performance is unclear and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation. (4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.
5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract. (6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden; The creditor shall bear the performance costs increased due to the creditor's reasons.
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Legal analysis: After the contract is signed, it will take about 40 days to issue a notice of commencement, during which time the construction unit will be able to build temporary facilities and make other preparations for the commencement of construction before the issuance of the commencement report.
Legal basis: Civil Code of the People's Republic of China
Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 577:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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After the construction contract is signed, the commencement time shall be consistent with the commencement time specified in the contract. If the construction party fails to start construction on time, it is a breach of contract. The breaching party shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 465 of the Civil Code of the People's Republic of China.
He Bi Li Tong, which was established in accordance with the law, is protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 577.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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The time of commencement of construction after the signing of the construction contract shall be stipulated in the contract, and the time of commencement of construction can be the day of signing the contract. After the contract is signed, it is binding on the parties, and both parties shall perform their contractual obligations in accordance with the contract.
Article 465 of the Civil Code of the People's Republic of China.
Contracts established in accordance with the law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 577.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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