Ministry of Housing and Urban-Rural Development Notice of the Ministry of Finance on Printing and Distributing the Administrative Measures for the Quality Guarantee of Construction Projects
号 Jianzhi  No. 138
Relevant departments of the Party Central Committee, ministries and commissions of the State Council, high-ranking courts, high people's organizations, centrally-managed enterprises, provinces, autonomous regions, municipalities, and cities with separate planning cities (construction committee, construction bureau), finance Department (bureau), Xinjiang Production and Construction Corps Construction Bureau, Finance Bureau:
295 号）进行了修订。 In order to implement the State Council ’s spirit of further cleaning up and standardizing enterprise-related charges, effectively reducing the burden on construction enterprises, and standardizing the management of construction project quality deposits, the Ministry of Housing and Urban-Rural Development and the Ministry of Finance have implemented the “Administrative Measures for Construction Project Quality Guarantees” (Construction Quality  No. 295 ). It is printed and distributed to you, please implement it in accordance with the actual situation in your region and department.
Ministry of Housing and Urban-Rural Development of the People's Republic of China
Ministry of Finance of the People's Republic of China
年 6 月 20 日 June 20 , 2017
Measures for the Administration of Construction Project Quality Guarantee
The first is to standardize the management of construction project quality deposits and implement the maintenance responsibilities of the project during the period of liability for defects. According to the "Building Law of the People's Republic of China", "Regulations on Construction Project Quality Management", and the General Office of the State Council's Notice on Clearing and Regulating the Construction Project Deposit "And the relevant provisions of the" Financial Management Rules for Capital Construction ", formulated these measures.
Article 2 The construction project quality deposit (hereinafter referred to as the deposit) referred to in these Measures refers to the contractor and the contractor agreeing in the construction project contract to reserve from the payable project funds to guarantee the contractor within the period of liability for defects Funds for repairing defects in construction projects.
Defects refer to the fact that the quality of the construction project does not meet the mandatory standards for construction, the design documents, and the agreement of the contract.
1 年，最长不超过 2 年，由发、承包双方在合同中约定。 The defect liability period is generally 1 year, and the longest is not more than 2 years, which is agreed by the contracting party and the contracting party.
Article 3 The Employer shall specify the contents of margin reservation, return, etc. in the bidding documents, and shall agree with the contractor on the following matters concerning the margin in the contract terms:
(1) Margin reserve and return methods;
(2) Margin reserve ratio and duration;
(3) Whether interest is calculated on the deposit, such as how interest is calculated and how it is calculated;
(4) the duration and calculation method of the liability period for defects;
(5) Settlement procedures for disputes over the reservation and return of security deposits, and the quality and cost of engineering maintenance;
(6) The method of claiming for defects during the period of liability for defects;
(7) Payment methods for liquidated damages for late return of security deposits and liabilities for breach of contract.
Article 4 During the period of liability for defects, the government investment projects with centralized treasury payments shall be implemented, and the management of security deposits shall be implemented in accordance with the relevant provisions of centralized treasury payments. For other government investment projects, the deposit can be reserved in the financial department or the contractor. During the defect liability period, if the contract issuer is revoked, the deposit will be transferred to the user unit for management along with the delivered assets, and the user unit will perform the contractor's responsibility.
Where social investment projects adopt a reserve deposit method, the issuing and contracting parties may agree to deposit the deposit with a third-party financial institution for custody.
Article 5 The bank guarantee system is implemented, and the contractor may substitute the bank guarantee for the reserved deposit.
Article 6 If the performance bond has been paid before the project is completed, the contractor shall not reserve the project quality bond at the same time.
If other guarantee methods such as engineering quality guarantee guarantee and engineering quality insurance are adopted, the contract issuer shall not reserve any further deposit.
3% 。 Article 7 The Employer shall reserve the security deposit in the manner agreed in the contract, and the total reserve ratio of the security deposit shall not be higher than 3% of the total settlement of the project price . 3% 。 Where it is stipulated in the contract that the contractor replaces the reserved deposit with a bank guarantee, the amount of the guarantee shall not exceed 3% of the total settlement of the project price .
Article 8 The period of liability for defects shall begin on the day when the project passes the acceptance inspection. If the project cannot be completed and accepted within the prescribed period due to the contractor's reasons, the period of liability for defects shall start from the date when the acceptance is actually passed. 90 天后，工程自动进入缺陷责任期。 If the project cannot be completed and accepted within the prescribed period due to the contractor , the project will automatically enter the defect liability period 90 days after the contractor submits the completion and acceptance report .
Article 9 During the period of liability for defects, for defects caused by the contractor, the contractor shall be responsible for repairs and bear the costs of identification and repair. If the contractor does not repair or bear the cost, the contractor may deduct from the deposit or bank guarantee as agreed in the contract. If the cost exceeds the guaranteed amount, the contractor may make a claim against the contractor according to the contract. After the contractor repairs and bears the corresponding costs, it will not be exempted from the compensation for the loss of the project.
For the defects caused by others, the contractor is responsible for organizing maintenance. The contractor does not bear the cost, and the contractor shall not deduct the cost from the security deposit.
Article 10 During the period of liability for defects, the contractor earnestly fulfills the responsibilities stipulated in the contract. After the expiry, the contractor applies to the contractor to return the security deposit.
14 天内会同承包人按照合同约定的内容进行核实。 Article 11 After receiving the contractor's application for returning the security deposit, the contractor shall verify with the contractor within 14 days according to the contents of the contract. If there is no objection, the Employer shall return the security deposit to the Contractor in accordance with the agreement. 14 天内将保证金返还承包人，逾期未返还的，依法承担违约责任。 If there is no agreement on the return period or the agreement is not clear, the contractor shall return the security to the contractor within 14 days after verification. If the return is not returned within the time limit, the contractor shall be liable for breach of contract. 14 天内不予答复，经催告后 14 天内仍不予答复，视同认可承包人的返还保证金申请。 The Employer will not respond within 14 days after receiving the contractor's application for return of the security deposit, and will not respond within 14 days after the reminder has been received, which shall be deemed as an approved application for the return of the security deposit.
Article 12 Where the issuer and the contractor have disputes over the reservation and return of the security deposit, as well as the quality and cost of the project maintenance, they shall handle the disputes and dispute settlement procedures agreed in the contract.
Article 13 In the case of general contracting of construction projects, the contractual rights and obligations of the general contractor and the subcontractor regarding the security deposit shall be implemented with reference to the provisions of these Measures on the corresponding rights and obligations of the contractor and the contractor.
Article 14 The interpretation of these measures rests with the Ministry of Housing, Urban-Rural Development and the Ministry of Finance.
2017 年 7 月 1 日起施行，原《建设工程质量保证金管理办法》（建质 295 号）同时废止。 Article 15 These Measures shall come into effect as of July 1 , 2017 , and the original "Administrative Measures for Quality Guarantee of Construction Projects" (Jianzhi  No. 295 ) shall be abolished at the same time.
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