2017 is Coming to An End.

The past year was an important year for the continuous deepening of reforms in the construction industry. Various major industry policies and accident safety followed one after another, which caught us off guard. "Take history as a mirror to know the rise and fall." The past events not only dominate the past, but also affect the future. Summarizing what happened in 2017 allows us to better predict the dynamics of 2018. For this reason, the editor compiled the major events that occurred in the construction industry in 2017. These events occurred in 2017, but they will also have a significant impact on 2018. . Now let us take the time machine together to see what happened this year.

2. Announcement of the Model Text of the New Construction Contract

The new text is composed of three parts: contract agreement, general contract clauses and special contract clauses.

Among them, the contract agreement has a total of 13 articles, mainly including project overview, contract duration, quality standards, contract price and contract price form, project manager, contract document composition, commitments and contract effective conditions and other important contents, which collectively stipulate the basic contract parties Contract rights and obligations.

There are a total of 20 general contract clauses, which are the principles for the parties to the contract in accordance with the "Construction Law of the People's Republic of China", "Contract Law of the People's Republic of China" and other laws and regulations, a principled agreement on the rights and obligations of the parties to the contract regarding the implementation of the project construction and related matters.. The clause arrangement not only considers the relevant requirements of current laws and regulations for project construction, but also takes into account the special needs of construction management of construction projects.

The special contract clauses are the detailed, perfect, supplementary, modified or otherwise agreed clauses of the general contract clauses in principle. The parties to the contract may modify and supplement the corresponding special contract clauses through negotiation and negotiation between the two parties according to the characteristics and specific conditions of different construction projects.

1. The Ministry of Human Resources and Social Security Publishes the "National Vocational Qualification Catalogue", All Outside the Catalogue Will Not be Recognized

With the approval of the State Council, the Ministry of Human Resources and Social Security recently released a total of 140 items in the "National Vocational Qualification Catalog" on September 15, 2017, including 59 professional and technical personnel qualifications, including 36 admission categories and 23 level evaluation categories; There are 81 professional qualifications for skilled personnel, including 5 admission categories and 76 level evaluation categories. Next, the National Vocational Qualification Directory will implement list management:

1. No professional qualifications are allowed or recognized outside of the catalog.

2. Except for the entry-level professional qualifications, none of them shall be linked to employment and entrepreneurship.

3. All regions and departments are not allowed to set up national professional qualifications outside the catalog without approval, and it is strictly forbidden to carry out professional qualification licensing and certification work outside the catalog.

4. Industry associations, societies and other social organizations and enterprises and institutions shall not conduct qualification licensing and recognition in a disguised form.

6. "Cancel" the Qualification Management of the Environmental Impact Assessment Unit of Construction Projects, Cancel the Environmental Protection Acceptance of the Completion of the Project, and Simplify the Approval Process

The State Council recently signed the State Council Order No. 682, promulgating the "Decision of the State Council on Amending the Regulations on the Environmental Protection Management of Construction Projects" (hereinafter referred to as the "Decision"), which will come into force on October 1, 2017.

Reduce the burden on enterprises, clearly review and approve construction project environmental impact reports, environmental impact report forms and environmental impact registration forms for record, and no fees shall be charged. In other words, starting from October 1st, all the application, review, report and other fees related to the environmental impact assessment of all enterprises nationwide will be waived!

Simplify the environmental protection approval items and procedures of construction projects. The qualification management of environmental impact assessment units and the approval requirements for the completion acceptance of environmental protection facilities of construction projects are deleted; the pre-approval procedures for environmental impact assessment such as pre-examination by the industry competent department are cancelled, and the environmental impact assessment is decoupled from industrial and commercial registration.

8. The Qualification of Engineering Consulting Units may be Canceled First

On July 17, the National Development and Reform Commission issued the "Administrative Measures for the Engineering Consulting Industry" (draft for comments), which did not mention the requirement that "engineering consulting companies need to obtain corresponding qualifications", or it will take the lead to cancel the qualification certification of engineering consulting units.

The National Development and Reform Commission also clarified that the industry's self-regulatory credit rating is only used as a reference for entrusted consulting services. No unit may set a limit on the number of credit evaluation institutions, no regional or industry practice restrictions on various engineering consulting units, and no practice restrictions on engineering consulting entities that have not participated in or received credit evaluation.

10. The Reserve Ratio of the Project Quality Guarantee Fund Will be Reduced From 5% to 3% Starting From July 1st.

The executive meeting of the State Council on June 7 decided to introduce new fee reduction measures from July 1 on the basis of four batches of tax cuts and fee reductions of 718 billion yuan (RMB. The same below) have been introduced this year. Among them, the construction sector The upper limit of the reserve ratio of the project quality guarantee fund has been reduced from 5% to 3%.

12. "Taking Audit Results as the Basis for Final Settlement" was Cancelled by the National People's Congress!

On June 5, 2017, the Legal Work Committee replied to the "Response to the Review and Recommendations of the Local Regulations Regarding the Audit Results as the Completion and Settlement of Government-invested Construction Projects". The reply stated that, after thorough investigation and solicitation of opinions, it is believed that the provisions of local laws and regulations that directly use audit results as the basis for completion settlement and should be stated in the bidding documents or agreed in the contract to use audit results as the basis for completion settlement, restricting Civil rights exceed the jurisdiction of local legislation and should be corrected.

Earlier in 2013, the China Construction Association, together with 26 local construction industry associations and related industry construction associations, applied to the Standing Committee of the National People's Congress for legislative review of local regulations that stipulated "using audit results as the basis for project completion settlement". And it is recommended to be withdrawn.

In May 2015, the China Construction Association once again submitted an application to the Legal Work Committee of the Standing Committee of the National People's Congress to further explain the economic losses caused by this local regulation to construction enterprises, which attracted the attention of the Legal Work Committee.

14. At the End of the Year, Social Security Data will be Shared Nationwide

In May 2017, the State Council Office issued the "Notice on Issuing the Implementation Plan for the Integration and Sharing of Government Information Systems" (Guobanfa [2017] No. 39). The notice clarified that before the end of July 2017, the national government information sharing website will be officially launched to realize cross-regional and cross-level credit/bidding/social security data sharing and business collaborative application among government departments.

If the national social security network is connected, it will cause many registered personnel to no longer be able to register. At the same time, the situation of one certificate with multiple projects will become more and more difficult, and the listing of certificates may become history.

In addition, corporate/personal credit will play an increasingly important role. "One dishonesty, everywhere restriction" will no longer be an empty talk. The credit joint disciplinary system constructed by multiple ministries (sects) will exert tremendous power!

16. The Bid-winning Announcement must Publicize the Performance, Certificate Name and Number of the Bid-winning party

In order to adapt to the development trend of electronic bidding and to standardize the pre-qualification announcements, bidding announcements, and the announcement of successful bid candidates, on July 27, 2017, the National Development and Reform Commission issued the "Administrative Measures for the Publication of Bidding Announcements and Public Information" (soliciting comments) Draft) (hereinafter referred to as the “Measures”). The “Measures” clarify that bidders who must bid for projects in accordance with the law shall publicize the winning candidates within 3 days from the date of receiving the bid evaluation report, and the publicity period shall not be less than 3 days. The public announcement should include the following:

(1) The ranking, name, bid quotation, construction period (delivery date), and quality standards of the successful bidder candidates, if the comprehensive evaluation method is adopted, shall also specify the comprehensive evaluation score (price) and the individual evaluation scores (price);

(2) The name of the person in charge of the main project promised by the winning candidate in the bidding documents and their relevant personal performance, certificate name and serial number;

(3) The project performance reported by the winning candidate in the bidding documents;

(4) Channels and methods for raising objections;

(5) Other content to be announced as stipulated in the bidding documents.

18. The Key Point in One Sentence

1. Document No. 87 combo to regulate PPP projects in all directions and no dead ends;

2. From May 1st, the construction industry will cancel the "territorial taxation";

3. As of January 1, 2018, project managers who are not allowed to participate in bidding without real-name certification are identified;

4. The State Council will cancel the qualifications of untrustworthy enterprises and revoke individual practice qualifications;

5. In 2017, the dynamic verification of construction enterprise qualifications started;

6. In 2017, promote prefabricated buildings and introduce the "Prefabricated Building Action Plan";

7. The new version of "Administrative Measures for Bidding and Bidding of Construction Engineering Design" will be implemented in May;

8. In 2017, first participate in the insurance and then start the construction, otherwise the construction permit will not be issued;

9. The new standard of "Consumption Quota for Prefabricated Construction Projects" will be implemented on March 1.