Laws of the People's Republic of China

Ministry of Construction

Order of the Ministry of Construction of the People's Republic of China

No. 141

The Measures for the Administration of Quality Testing of Construction Projects, which were deliberated and adopted at the 71st executive meeting of the Ministry of Construction on August 23,2005, are hereby promulgated and shall go into effect as of November 1, 2005.

Minister of the Ministry of Construction Wang Guangtao

September 28, 2005

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 IIStandards 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.