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Measures of Jilin Province for Delivering the Files of Construction Items

(Promulgated by Decree No.140 of Jilin Provincial People' s Government on August 20, 2002)

Article 1. These Measures are formulated for the purposes of normalizing the work of delivering the files of construction items, making the best use of the files of construction items, giving their full scope to economic construction, in accordance with the relevant regulations of Measures for Administrating the Quality of Construction Projects promulgated by the State Council, and in the light of the factual circumstances in this Province.

Article 2. "Files of construction items" referred to in these Measures mean those original document materials such as the different carriers: characters, drawing papers, charts, data, acoustic images, etc., which formed directly in all the sectors of the construction items and have preservable value.

Article 3. Within the administrative division of this province, the construction units which should establish and deliver the files of construction items, the administrative competent departments of construction which receive the files of construction items, and other relevant departments of railway, communications, water conservancy shall all abide by these Measures.

Article 4. The "construction items " in these Measures shall include:

(1) Construction items of industry and civilian uses;

(2) Construction items of urban infrastructure;

(3) Construction items of public infrastructure;

(4) Construction items of communicational infrastructure;

(5) Construction items of parks, landscape and interests;

(6) Construction items of city appearance and environmental sanitation;

(7) Construction items of urban antiflood and against earthquakes; and

(8)Construction items of people' s air defence projects (excluding the cases stipulated otherwise by the state).

Article 5. Constructions units establish the files of construction items should include the following materials:

(1) Materials of feasible demonstration upon construction items;

(2) Materials of prospective design;

(3)Planning materials (including the approval materials of making use of the land in construction);

(4)Materials of reporting to start projects;

(5)Adjudication materials and materials of successful bidders of bidding units;

(6)Permits for construction or other approval materials;

(7)Agreements of contract and letting contract;

(8)Those construction projects, which must implement the forced inspecting and controlling stipulated by the State Council, should have the inspection-control contracts of construction projects;

(9)Quality-examination materials of construction projects;

(10)Finishing-acceptance materials of construction projects;

(11)Materials of technical files (character materials and acceptance drawings);and

(12)Materials of construction administration.

Article 6. Construction units should deliver the files of construction items to the local construction administrative competent departments or other related departments locus, in accordance with the class of their construction item, within 3 months since the date of check and acceptance of construction projects; the construction items within city planning areas should also deliver the documentary materials relevant to the construction administrative competent department of city construction while delivering the files of construction items to other related departments.

Those construction units, failing to deliver the files of construction items which ought to be delivered before these Measures were promulgated, should deliver within 1 year since the promulgation of these Measures.

The files of construction items shall be accepted by administrative competent departments or by other related departments, and also be entrusted to the subordinated administrative organs of construction-item files, for acceptance.

Article 7. No units and individuals shall be allowed to refuse to deliver the files of construction items by any kinds of reasons.

Article 8. In regard to the suspending, postponing items of construction project, construction units should keep their present documentary materials lock and key; to the cancelled items of construction projects, construction units should deliver the present files of construction items to the administrative competent departments of construction or other related departments within 3 months since the date of cancelling the construction items.

Article 9. To rebuild, expand or repair the important parts of construction items after they have been put into utilization, the construction units should amend and recruit the original files of construction items; of which involving the changes of structure and plan layout should be re-established the files of construction items, and the files be delivered to the administrative competent departments of construction or other related departments within 3 months since the date of the project finishing.

Article 10. The files of construction items delivered by construction units must tally with the standards and demands of the archives management stipulated by the state, the materials should be systematic, complete, exact and drawings tally with objects.

Article 11. The departments of receiving the files of construction items should check the delivered files of construction items, those tallying with the demands shall be accepted, and be arranged, stored and utilized according to the standards and demands of the archives management stipulated by the state; those failing to tally with the demands, shall be asked to amend or recruit within a prescribed time limit.

The departments of receiving the files of construction items should accept the supervision and advisement from the administrative departments of files at the same level.

Article 12. As for those construction units violating the provisions of these Measures, failing to deliver the files of construction items over a prescribed time limit, they shall be instructed to correct by the administrative competent department of construction or by other related department, and shall be punished according to the following provisions:

(1)Those, exceeding the time limit for not more than 3 months shall be imposed a fine of RMBŁ¤10,000 to 30,000 (including the capital sum, the same below);

(2)Those, exceeding the time limit for 3 to 6 months, shall be imposed a fine of RMBŁ¤30,000 to 50,000;

(3)Those, exceeding the time limit for 6 to 9 months, shall be imposed a fine of RMBŁ¤50,000 to 80,000;

(4)Those, exceeding the time limit for more than 9 months, shall be imposed a fine of RMBŁ¤80,000 to 100,000; and

(5)If the fine is imposed to a unit, the competent personnel of direct responsibility of this unit shall be imposed a fine of 5% to10% of the amount of the unit fine.

Article 13. The party, refusing to accept the decision on an administrative penalty, may apply for an administrative reconsideration or file an administrative lawsuit according to law.

Article 14. As for the working staffs of receiving the files of construction items, if they indulge in malpractice or neglect their duties to lose the files of construction items, cause losses or refuse to accept the files of construction items without justification, they shall be given disciplinary sanctions by their work units or by the superior competent authority ; where a crime is constituted, the offenders shall be investigated for criminal responsibilities according to law.

Article 15. The construction activities of doing rescue and relief work, other provisional house buildings and peasants' self-built lower dwelling houses, shall not apply to these Measures.

Article 16. These Measures shall be implemented as of September 1,2002.