(December 29, 2022 People's Republic of ChinaDecree No. 57 of the Ministry of Housing and Urban-Rural Development　Effective from March 1, 2023）

Chapter I General provisions

Article one　In order to strengthen the management of the quality inspection of construction projects, these Measures are formulated in accordance with the "Construction Law of the People's Republic of China", "Regulations on the quality Management of Construction Projects", "Regulations on the seismic Management of Construction projects" and other laws and administrative regulations。

Article 2　These Measures shall apply to activities related to quality inspection of construction projects and their supervision and administration。

The quality testing of construction projects as mentioned in these Measures，Refers to the new, expansion, reconstruction of housing construction and municipal infrastructure engineering activities，Construction project quality testing institutions (hereinafter referred to as testing institutions) accept the commission，In accordance with relevant national laws, regulations and standards，Construction projects involving structural safety, the main function of the test items，Building materials, building components and equipment entering the construction site，And the quality of engineering entities and other testing。

Article 3　Testing institutions shall, in accordance with these Measures, obtain the qualification of construction project quality testing institutions (hereinafter referred to as the qualification of testing institutions), and engage in construction project quality testing activities within the scope of qualification approval。

Without the corresponding qualification certificate, shall not undertake the construction project quality testing business as provided for in these measures。

Article 4　The competent department of housing and urban and rural construction under The State Council shall be responsible for the supervision and administration of construction project quality testing activities throughout the country。

The competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall be responsible for the supervision and administration of construction project quality testing activities within their respective administrative areas and may entrust their subordinate construction project quality supervision institutions with specific implementation。

Chapter II Qualification management of testing institutions

Article 5　The qualification of testing institutions is divided into comprehensive qualification and special qualification。

The qualification standards and business scope of testing institutions shall be formulated by the competent department of housing and urban and rural construction under The State Council。

Article 6　An entity applying for the qualification of a testing institutionIt shall be an enterprise or institution with independent legal personalityOr a partnership established in accordance with the law, and has the corresponding personnel, equipment, testing sites, quality assurance system and other conditions。

Article 7　The competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the qualification and licensing of testing institutions within their respective administrative areas。

Article VIII　The application for the qualification of a testing institution shall be submitted to the competent department of housing and urban and rural construction of the people's government of the province, autonomous region or municipality directly under the Central Government where the registration place is located, and the following materials shall be submitted:

(1) Application form for qualification of testing institution;

(2) List of main testing instruments and equipment;

(3) the certificate of ownership of the real estate of the test site or the lease contract;

(4) professional title certificates of technical personnel;

(5) Management system of testing institutions and quality control measures。

The application form for the qualification of testing institutions shall be formulated by the competent department of housing and urban and rural construction under The State Council。

The ninth article　After accepting the application, the qualification licensing authority shall conduct material review and expert review, complete the review and make a written decision within 20 working days。For those who meet the qualification standards, the qualification certificate of the testing institution shall be issued within 10 working days from the date of making the decision, and it shall be reported to the competent department of housing and urban and rural construction under The State Council for the record。The expert evaluation time shall not be counted in the qualification license period。

Article ten　The qualification certificates of testing institutions shall be issued electronicallyThe format shall be formulated by the competent department of housing and urban and rural construction under The State Council。The qualification certificate is valid for 5 years。

Article 11　If a testing institution applying for a comprehensive qualification or an additional qualification has acted as provided for in Article 30 of these Measures within one year prior to the date of application, the qualification licensing authority shall not approve its application。

Qualified testing institutions, in accordance with Article 35 of these measures should be rectified but has not completed the rectification, the comprehensive qualification or qualification of the application, the qualification licensing authority will not approve。

Article 12　If the testing institution needs to extend the validity period of the qualification certificate, it shall apply to the qualification licensing authority for qualification extension 30 working days before the expiration of the validity period of the qualification certificate。

For the testing institutions that meet the qualification standards and have no conduct as prescribed in Article 30 of these Measures during the validity period of the qualification certificate, the validity period shall be extended for 5 years with the consent of the qualification licensing authority。

Article 13　If the name, address, legal representative, etc. of the testing institution is changed during the validity period of the qualification certificate, it shall go through the formalities for the change of the qualification certificate within 30 working days after the formalities for the change of the business license or legal person certificate。The qualification and licensing authority shall complete the process within 2 working days。

If the testing institution's testing site, technical personnel, equipment and other matters are changed to affect its compliance with the qualification standards, it shall submit an application for qualification re-approval to the qualification licensing authority within 30 working days after the change, and the qualification licensing authority shall complete the review within 20 working days and make a written decision。

Chapter III Management of detection activities

Article 14　Construction project quality testing activities, shall abide by the relevant laws, regulations and standards, the relevant personnel should have the corresponding construction project quality testing knowledge and professional ability。

Article 15　Testing institution Construction, construction and supervision units related to the construction project being testedAnd suppliers of building materials, building components and equipmentThere shall be no subordination or other interest。

Testing institutions and their staff shall not recommend or supervise the production of building materials, building components and equipment。

Article 16　The entrusting party shall entrust the qualified testing institution to carry out the construction project quality testing business。Testing institutions shall conduct quality testing of construction projects in accordance with laws, regulations and standards, and issue testing reports。

Article 17　Construction unit shallReasonable accounting of construction project quality inspection costs in the preparation of project budget estimates,Separate payment and timely payment as agreed in the contract。

Article 18　Where a construction unit entrusts a testing institution to carry out construction project quality testing activities, the construction unit or supervision unit shall witness the implementation of construction project quality testing activities。Witnesses shall make witness records, record sampling, sample preparation, marking, sealing, inspection and on-site testing, and sign for confirmation。

Article 19　The units and individuals providing test samples shall be responsible for the conformity, authenticity and representativeness of test samples。The test sample shall have a clear and unique identification and seal that is not easy to fall off。

Where a construction unit entrusts a testing institution to carry out construction project quality testing activities, construction personnel shall take samples on site under the supervision of witnesses of the construction unit or supervision unit。

Article 20　When on-site testing or testing samples are submitted for inspection, the commissioning form shall be filled in by the unit providing the test content and the unit submitting the test。The power of attorney shall be signed and confirmed by the inspection personnel and witnesses。

When receiving the test sample, the testing institution shall check the condition, marking, sealing and other conformance of the sample, and shall not test it until it is confirmed that it is correct。

Article 21　The test report shall not take effect until it is signed by the testing personnel, the auditing personnel, the legal representative of the testing institution or the signatory authorized by the testing institution and affixed with the special seal for testing。

The test report shall include the number of test items (batches), test basis, test site address, test data, test results, witness units and names and other relevant information。

The test report issued by the testing institution not commissioned by the construction unit shall not be used as the project quality acceptance data。

Article 22　Testing institutions shall establish a system for recording and retaining construction process data and result data, test image data and test reports, and be responsible for the authenticity and accuracy of test data and test reports。

Article 23　No unit or individual may express or imply that a testing institution issue a false test report, and may not tamper with or forge a test report。

Article 24　In the process of testing, the testing institution found that the construction, construction and supervision units violated the relevant laws and regulations and the mandatory standards of project construction，And test items involving structural safety, the main use of the function of the test results fail，The competent department of housing and urban and rural construction of the local people's government at or above the county level shall be reported in a timely manner。

the twenty-fifth条　If the interested parties of the test results have disputes over the test results, they may entrust a jointly recognized testing institution to retest。

Article 26　A testing institution shall establish a file management system。Testing contracts, orders, original records of testing data, and testing reports shall be numbered in accordance with the annual uniform number, which shall be continuous, and shall not be withdrawn or altered at will。

The testing institution shall establish a separate account of the items with unqualified test results。

Article 27　Testing institutions shall establish an information management system to conduct information management of testing business acceptance, testing data collection, testing information uploading, testing report issuance, testing archives management and other activities to ensure that the whole process of construction project quality testing activities can be traced。

Article 28　Testing institutions shall maintain personnel, instruments and equipment, testing sites, quality assurance systems and other aspects in line with the construction project quality testing qualification standards,Strengthen the training of testing personnel，Regular verification or calibration of instruments and equipment in accordance with relevant regulations，To ensure that the testing technical capabilities continue to meet the requirements of the construction engineering quality testing activities。

Article 29　Where a testing institution undertakes testing business across provinces, autonomous regions or municipalities directly under the Central Government, it shall file a record with the competent department of housing and urban and rural construction of the people's government of the province, autonomous region or municipality directly under the Central Government where the construction project is located。

The personnel, instruments and equipment, testing sites and quality assurance systems in the place where the testing institution undertakes the testing business shall meet the requirements for carrying out the corresponding construction project quality testing activities。

Article 30　Testing institutions shall not have the following acts:

(1) engaging in construction project quality testing activities beyond the scope of qualification license;

(2) subcontracting or illegally subcontracting construction project quality testing services;

(3) altering, reselling, renting, lending or illegally transferring qualification certificates in other forms;

(4) testing in violation of mandatory standards for project construction;

(5) The use of testing personnel or instruments and equipment that cannot meet the requirements of the quality testing activities of the construction project;

(6) Producing false test data or test reports。

Article 31　The testing personnel shall not have the following acts:

(A) at the same time employed by two or more testing institutions;

(2) testing in violation of mandatory standards for project construction;

(3) producing false test data;

(D) in violation of the mandatory standards for construction conclusions or issued false conclusions。

Chapter IV Supervision and administration

Article 32　The competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall strengthen the supervision and management of construction project quality testing activities, establish an information system for construction project quality testing and supervision, and improve the level of information-based supervision。

Article 33　The competent department of housing and urban and rural construction of the people's government at or above the county level shall implement dynamic supervision over the testing institutions, and carry out supervision and inspection by means of "double random and one open"。

In carrying out supervision and inspection, they shall have the right to take the following measures:

(1) entering the construction site of a construction project or the work site of a testing institution for inspection and spot testing;

(2) to inquire and investigate the relevant situation of testing institutions, entrusting parties, relevant units and personnel;

(C) to inspect the construction project quality inspection knowledge and professional ability of the inspection personnel;

(4) consult and copy relevant test data, image data, reports, contracts and other relevant materials;

(5) To organize the implementation of capability verification or comparison tests;

(6) Other measures prescribed by laws and regulations。

Article 34　The competent departments for housing and urban and rural construction of the local people's governments at or above the county level shall strengthen the supervision and sampling of the quality of construction projects。The quality supervision and sampling test of construction projects can be implemented by the way of government purchasing services。

Article 35　If a testing institution no longer meets the corresponding qualification standards after obtaining the qualification of a testing institution, the qualification licensing authority shall order it to make rectification within a time limit and disclose it to the public。After the testing institution completes the rectification, it shall apply to the qualification licensing authority for qualification re-approval。The test report issued before the re-verification of conformity with the qualification standards shall not be used as project quality acceptance data。

Article 36　The competent department of housing and urban and rural construction of the local people's government at or above the county level imposes administrative punishment on the testing institution，Shall, within 20 working days from the date of delivery of the decision on administrative punishment, inform the qualification and licensing authority of the testing institution and the competent department of housing and urban and rural construction of the people's government of the province, autonomous region and municipality directly under the Central Government where the illegal act occurs。

Article 37　The competent departments of housing and urban and rural construction of the local people's governments at or above the county level shall, in accordance with the law, make public information such as the administrative penalties imposed on the relevant units and personnel of the construction project quality testing activities, establish a credit management system, and implement incentives to keep faith and punishments for breaking faith。

Article 38　Any unit or individual shall have the right to file a complaint or report to the competent department of housing and urban and rural construction of the people's government at or above the county level in the place where the construction project is located。

Chapter V Legal liability

Article 39　In violation of the provisions of these Measures, without obtaining the corresponding qualification, qualification certificate has expired or beyond the scope of qualification permit to engage in construction project quality testing activities,The test report is invalidThe competent department of housing and urban and rural construction of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 100,000 yuan;If harmful consequences are caused, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

Article 40　Where a testing institution conceals relevant information or provides false materials to apply for qualification, the qualification licensing authority shall not accept the application or refuse the administrative license, and shall give it a warning;The testing institution shall not apply for qualification again within one year。

Article 41　Where a qualification certificate is obtained by cheating, bribery or other improper means, the qualification licensing authority shall revoke it;The competent department of housing and urban and rural construction of the local people's government at or above the county level shall give a warning or circulate a circular of criticism and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan;The testing institution shall not apply for qualification again within 3 years;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

Article 42　Where a testing institution fails to go through the procedures for changing the qualification certificate of a testing institution in accordance with the provisions of paragraph 1 of Article 13 of these Measures, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to go through the procedures within a time limit;Those who fail to do so within the time limit shall be fined not less than 5,000 yuan but not more than 10,000 yuan。

Where a testing institution fails to submit an application for re-verification of qualifications to the qualification licensing authority in accordance with the provisions of the second paragraph of Article 13 of these Measures, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections within a time limit;Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 30,000 yuan。

Article 43　The testing institution violates the provisions of Article 22, Article 30, item 6 of these Measures，The competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections，Be fined not less than 50,000 yuan but not more than 100,000 yuan;Causing harmful consequences，Be fined not less than 100,000 yuan but not more than 200,000 yuan;criminal，Criminal responsibility shall be investigated according to law。

Any testing institution that commits the acts mentioned in the preceding paragraph in the seismic activities of a construction project shall be punished in accordance with the relevant provisions of the Regulations on the Administration of Seismic Activities of Construction Projects。

Article 44　The testing institution violates the provisions of these Measures，Committing any of the acts listed in items 2 to 5 of Article 30，The competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections，Be fined not less than 50,000 yuan but not more than 100,000 yuan;Causing harmful consequences，Be fined not less than 100,000 yuan but not more than 200,000 yuan;criminal，Criminal responsibility shall be investigated according to law。

If the testing personnel violate the provisions of these Measures and have one of the acts of Article 31, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order them to make corrections and impose a fine of not more than 30,000 yuan。

Article 45　Where a testing institution violates the provisions of these Measures and commits any of the following acts, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:

(1) The construction, construction and supervision units related to the construction project tested, and the supply units of building materials, building components and equipment have subordinate relationships or other interests;

(2) recommending or supervising the production of building materials, building components and equipment;

(3) failing to sign and seal the test report as required;

(4) failing to promptly report violations of relevant laws and regulations and mandatory standards for project construction;

(5) failing to timely report the unqualified test results involving the safety of the structure and the main functions used;

(6) failing to manage archives and accounts in accordance with regulations;

(7) failing to establish and use an information management system to manage testing activities;

(8) does not meet the requirements of cross-province, autonomous region, municipality directly under the central government to undertake testing business to carry out corresponding construction project quality testing activities;

(9) failing to truthfully provide relevant materials, failing to participate in capacity verification and comparison tests as required, or refusing or obstructing supervision and inspection。

Article 46　If the testing institution violates the provisions of these Measures and has illegal income, the competent department of housing and urban and rural construction of the local people's government at or above the county level shall confiscate it according to law。

Article 47　Violation of these Measures，Construction, construction, supervision and other units have any of the following acts，The competent department of housing and urban and rural construction of the local people's government at or above the county level shall order it to make corrections，Be fined not less than 30,000 yuan but not more than 100,000 yuan;Causing harmful consequences，Be fined not less than 100,000 yuan but not more than 200,000 yuan;criminal，To investigate criminal responsibility according to law:

(1) entrusting testing institutions that have not obtained corresponding qualifications to conduct testing;

(2) failing to include the cost of construction project quality testing in the project estimate budget and separate expenditures;

(3) failing to bear witness in accordance with regulations;

(4) The test samples provided do not meet the requirements of conformity, authenticity and representativeness;

(5) Express or imply that the testing institution issues a false test report;

(6) tampering with or forging test reports;

(7) The samples sampled, prepared and submitted for inspection do not conform to the regulations and mandatory standards for engineering construction。

Article 48　Where a fine is imposed on a unit in accordance with the provisions of these Measures, the person in charge who is directly responsible for the unit and other persons who are directly responsible shall be fined not more than 30,000 yuan。

Article 49　Any staff member of the competent department of housing and urban and rural construction of the local people's government at or above the county level who, in the course of quality inspection and administration of construction projects, has any of the following circumstances shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Issuing qualification certificates to applicants who do not meet the statutory requirements;

(2) Failing to issue qualification certificates to applicants who meet the statutory conditions;

(3) failing to issue a qualification certificate within the statutory time limit to the applicant who meets the statutory conditions;

(4) Taking advantage of his position to solicit or accept money or property from others or seek other benefits;

(5) failing to perform supervision duties according to law or failing to do so, resulting in serious consequences。

Chapter VI Supplementary Provisions

Article 50 These Measures shall come into force as of March 1, 2023。September 28, 2005, the former Ministry of Construction announced the "Construction project quality inspection management Measures" (Ministry of Construction order No. 141) repealed at the same time。

Source: Ministry of Housing and Urban-Rural Development of China for study exchange only