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Chapter One General Provisions

Article 1 This measure is formulated in accordance with the Construction Law of the People's Republic of China, the Regulations on Quality Management of Construction Projects, the Regulations on Seismic Resistance Management of Construction Projects and other laws and administrative regulations for the purpose of strengthening the management of quality inspection of construction projects.

Article 2 This measure shall apply to the activities related to the quality inspection of construction projects and their supervision and administration.

The term "construction project quality inspection" as used in these Measures refers to the inspection items involving structural safety and main usage functions carried out by construction project quality inspection institutions (hereinafter referred to as "inspection institutions") upon entrustment in the activities of new construction, expansion and renovation of housing buildings and municipal infrastructure projects in accordance with relevant national laws, regulations and standards. The inspection of building materials, components, equipment and the physical quality of the project entering the construction site.

Article 3 Testing institutions shall obtain the qualification of construction project quality testing institutions (hereinafter referred to as the "testing institution qualification") in accordance with these Measures and engage in construction project quality testing activities within the scope permitted by the qualification.

Those who have not obtained the corresponding qualification certificates shall not undertake the construction project quality inspection business as stipulated in these Measures.

Article 4 The competent department of housing and urban-rural development under The State Council is responsible for the supervision and administration of the quality inspection activities of construction projects throughout the country.

The housing and urban-rural development authorities of the people's governments at or above the county level are responsible for the supervision and administration of the quality inspection activities of construction projects within their administrative regions, and may entrust the construction project quality supervision institutions under their jurisdiction to implement them specifically.

Chapter Two: Qualification Management of Testing Institutions

Article 5 The qualifications of testing institutions are divided into comprehensive qualifications and specialized qualifications.

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

Article 6 The entity applying for the qualification of a testing institution shall be an enterprise or public institution with independent legal person status, or a partnership enterprise established in accordance with the law, and shall have the corresponding personnel, instruments and equipment, testing sites, quality assurance systems and other conditions.

Article 7 The housing and urban-rural development authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the qualification licensing of testing institutions within their respective administrative regions.

Article 8 An application for the qualification of a testing institution shall be made to the competent department of housing and urban-rural development of the provincial, autonomous regional or municipal people's government where it is registered, and the following materials shall be submitted:

(1) Application Form for Qualifications of Testing Institutions;

(II) List of main testing instruments and equipment;

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

(4) Professional title certificates of technical personnel;

(V) Management systems and quality control measures for testing institutions.

The format of the application form for the qualification of testing institutions shall be formulated by the competent department of housing and urban-rural development under The State Council.

Article 9 After accepting an application, the qualification licensing authority shall conduct a material review and expert evaluation, complete the review and make a written decision within 20 working days. For those that meet the qualification standards, the qualification certificate of the testing institution shall be issued within 10 working days from the date of the decision and reported to the competent department of housing and urban-rural development of The State Council for the record. The time for expert review is not included in the validity period of the qualification license.

Article 10 The qualification certificates of testing institutions shall be electronic certificates, and the format shall be formulated by the competent department of housing and urban-rural development under The State Council. The validity period of the qualification certificate is five years.

Article 11 Where a testing institution applying for comprehensive qualifications or additional qualifications has committed the acts as stipulated in Article 30 of these Measures within one year prior to the date of application, the qualification licensing authority shall not approve its application.

For testing institutions that have obtained qualifications and are required to rectify in accordance with Article 35 of these Measures but have not yet completed the rectification, the qualification licensing authority shall not approve their applications for comprehensive qualifications or additional qualification items.

Article 12 If a testing institution needs to extend the validity period of its qualification certificate, it shall submit an application for qualification extension to the qualification licensing authority 30 working days before the expiration of the validity period of the qualification certificate.

For testing institutions that meet the qualification standards and have no behavior as stipulated in Article 30 of these Measures within the validity period of their qualification certificates, with the consent of the qualification licensing authority, the validity period shall be extended for five years.

Article 13 Where the name, address, legal representative, etc. of a testing institution change during the validity period of its qualification certificate, it shall handle the procedures for changing the qualification certificate within 30 working days after completing the procedures for changing the business license or the legal person certificate. The qualification licensing authority shall complete the processing within two working days.

If changes occur in the testing site, technical personnel, instruments and equipment, etc. of a testing institution that affect its compliance with the qualification standards, it shall submit an application for re-qualification verification to the qualification licensing authority within 30 working days after the change. The qualification licensing authority shall complete the review within 20 working days and make a written decision.

Chapter Three Management of Inspection Activities

Article 14 Those engaged in construction project quality inspection activities shall abide by relevant laws, regulations and standards, and the relevant personnel shall possess the corresponding knowledge and professional capabilities for construction project quality inspection.

Article 15 The testing institution shall not have any subordinate relationship or other interest relationship with the construction, construction and supervision units related to the construction project it tests, as well as the supply units of building materials, building components and equipment.

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 a testing institution with the corresponding qualifications to carry out the business of construction project quality testing. Testing institutions shall conduct quality testing of construction projects in accordance with laws, regulations and standards, and issue testing reports.

Article 17 The construction entity shall, when preparing the project's budget estimate, reasonably calculate the cost of construction project quality inspection, list it separately and pay it in a timely manner as stipulated in the contract.

Article 18 Where a construction entity entrusts a testing institution to carry out quality testing activities for construction projects, the construction entity or the supervision entity shall witness the quality testing activities for construction projects. The witness personnel shall make a witness record, documenting the sampling, sample preparation, marking, sealing, submission for testing and on-site testing, etc., and sign to confirm.

Article 19 The units and individuals providing test samples shall be responsible for the conformity, authenticity and representativeness of the test samples. The test samples shall have clear and unique identification and seals that are not easy to fall off.

Where a construction entity entrusts a testing institution to carry out quality testing activities for construction projects, the construction personnel shall take samples on site under the supervision of the witnesses of the construction entity or the supervision entity.

Article 20 When conducting on-site testing or sending test samples for inspection, the unit providing the testing content, the sending unit, etc. shall fill out the entrustment form. The entrustment form should be signed and confirmed by the person submitting the sample for inspection, the witness, etc.

When receiving test samples, the testing institution shall check the conformity of the sample's condition, marking, seal, etc. Only after confirming that there are no errors can the testing be carried out.

Article 21 The test report shall come into effect only after being signed by the testing personnel, the reviewing personnel, the legal representative of the testing institution or the authorized signatory, etc., and affixed with the special testing seal.

The test report should include relevant information such as the number of representatives of the test items (batches), test basis, address of the test site, test data, test results, and the unit and name of the witness personnel.

A test report issued by a testing institution not entrusted by the construction entity shall not be used as the quality acceptance document for the project.

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

Article 23 No unit or individual may explicitly or implicitly instruct a testing institution to issue a false testing report, nor may they tamper with or forge a testing report.

Article 24 Where a testing institution discovers during the testing process that the construction, construction or supervision units have violated relevant laws, regulations and mandatory standards for engineering construction, or where the testing items involve structural safety or the main usage functions and the test results are unqualified, it shall promptly report to the housing and urban-rural development department of the local people's government at or above the county level where the construction project is located.

Article 25 Where interested parties have disputes over the test results, they may entrust a mutually recognized testing institution to conduct a re-test.

Article 26 Testing institutions shall establish an archive management system. The inspection contracts, entrustment forms, original records of inspection data and inspection reports shall be uniformly numbered by year. The numbers should be consecutive and shall not be withdrawn or altered at will.

Testing institutions shall establish a separate ledger for the items with unqualified test results.

Article 27 Testing institutions shall establish an information management system to manage activities such as the acceptance of testing business, collection of testing data, upload of testing information, issuance of testing reports, and management of testing archives through information technology, ensuring that the entire process of construction project quality testing activities is traceable.

Article 28 Testing institutions shall ensure that their personnel, instruments and equipment, testing sites, quality assurance systems, etc. meet the qualification standards for construction project quality testing. They shall strengthen the training of testing personnel, conduct regular verification or calibration of instruments and equipment in accordance with relevant regulations, and ensure that their testing technical capabilities continuously meet the requirements of the construction project quality testing activities they carry out.

Article 29 Where a testing institution undertakes testing business across provinces, autonomous regions or municipalities directly under the Central Government, it shall file with the housing and urban-rural development administrative department of the provincial, autonomous regional or municipal people's government where the construction project is located.

The personnel, instruments and equipment, testing sites, quality assurance systems, etc. of the testing institutions in the locations where they undertake testing business shall meet the requirements for conducting corresponding construction project quality testing activities.

Article 30 Testing institutions shall not engage in the following behaviors:

(1) Engaging in construction project quality inspection activities beyond the scope of qualification permits;

(2) Subcontracting or illegally dividing the business of construction project quality inspection;

(3) Altering, reselling, renting, lending or illegally transferring qualification certificates in any other form;

(4) Conducting tests in violation of mandatory standards for engineering construction;

(5) Using testing personnel or instruments and equipment that cannot meet the requirements of the construction project quality testing activities being carried out;

(6) Issuing false test data or test reports.

Article 31 Inspectors shall not engage in any of the following behaviors:

(1) Being employed by two or more testing institutions simultaneously;

(2) Conducting tests in violation of mandatory standards for engineering construction;

(3) Issuing false test data;

(4) Making conclusion judgments in violation of mandatory standards for engineering construction or issuing false judgment conclusions.

Chapter Four Supervision and Management

Article 32 The housing and urban-rural development authorities of the people's governments at or above the county level shall strengthen the supervision and administration of the activities of construction project quality inspection, establish an information system for the supervision and administration of construction project quality inspection, and improve the level of information-based supervision.

Article 33 The housing and urban-rural development authorities of the people's governments at or above the county level shall exercise dynamic supervision over testing institutions and carry out supervision and inspection through means such as "dual randomization and public disclosure".

When conducting supervision and inspection, the right to take the following measures:

(1) Enter the construction site of a construction project or the working area of a testing institution for inspection and random testing;

(2) Inquire and investigate relevant circumstances from testing institutions, entrusting parties, relevant units and personnel;

(3) Check the knowledge and professional ability of construction project quality inspection personnel;

(4) To review and copy relevant testing data, image materials, reports, contracts and other related materials;

(5) Organize and implement proficiency testing or comparison tests;

(6) Other measures as prescribed by laws and regulations.

Article 34 The housing and urban-rural development authorities of the people's governments at or above the county level shall strengthen the supervision and random inspection of the quality of construction projects. The quality supervision and random inspection of construction projects can be carried out through the government's purchase of services.

Article 35 Where a testing institution has obtained the qualification of a testing institution but no longer meets the corresponding qualification standards, the qualification licensing authority shall order it to rectify within a prescribed time limit and make the information public. After completing the rectification, the testing institution shall submit an application for re-qualification verification to the qualification licensing authority. The test report issued before the re-verification of compliance with the qualification standards shall not be used as the quality acceptance materials for the project.

Article 36 Where the housing and urban-rural development department of a local people's government at or above the county level imposes administrative penalties on a testing institution, it shall inform the qualification licensing authority of the testing institution and the housing and urban-rural development department of the provincial, autonomous regional or municipal people's government where the illegal act occurred within 20 working days from the date of service of the administrative penalty decision.

Article 37 The housing and urban-rural development authorities of the people's governments at or above the county level shall, in accordance with the law, make public the administrative penalties and other information received by the units and personnel involved in the construction project quality inspection activities, establish a credit management system, and implement rewards for trustworthiness and punishments for untrustworthiness.

Article 38 Any unit or individual has the right to file complaints or reports with the housing and urban-rural development administrative department of the county-level or higher people's government where the construction project is located regarding any illegal or irregular acts in the quality inspection activities of construction projects.

Chapter Five: Legal Liability

Article 39 Where any person violates the provisions of these Measures by engaging in construction project quality inspection activities without obtaining the corresponding qualifications, with the qualification certificate having expired or beyond the scope of the qualification license, the inspection report shall be invalid and the competent department of housing and urban-rural development 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. Where harmful consequences are caused, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 40 Where a testing institution conceals relevant circumstances or provides false materials when applying for qualifications, the qualification licensing authority shall not accept the application or grant administrative permission, and shall issue a warning. Testing institutions are not allowed to apply for qualifications again within one year.

Article 41 Where a qualification certificate is obtained by improper means such as fraud or bribery, the qualification licensing authority shall revoke it. The competent department of housing and urban-rural development of the local people's government at or above the county level shall give a warning or a public criticism and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. Testing institutions are not allowed to apply for qualifications again within three years. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 42 Where a testing institution fails to handle the procedures for changing its qualification certificate as prescribed in the first paragraph of Article 13 of these Measures, the competent department of housing and urban-rural development of the local people's government at or above the county level shall order it to handle the matter within a prescribed time limit. If the matter is not handled within the prescribed time limit, a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed.

Where a testing institution fails to submit an application for re-qualification verification to the qualification licensing authority as stipulated in the second paragraph of Article 13 of these Measures, the competent department of housing and urban-rural development of the local people's government at or above the county level shall order it to make corrections within a prescribed time limit. If the rectification is not made within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Article 43 Where a testing institution violates the provisions of Article 22 and Item 6 of Article 30 of these Measures, the competent department of housing and urban-rural development 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 50,000 yuan but not more than 100,000 yuan. Where harmful consequences are caused, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Where a testing institution engages in the acts mentioned in the preceding paragraph in the seismic resistance activities of construction projects, it shall be punished in accordance with the relevant provisions of the "Regulations on Seismic Resistance of Construction Projects".

Article 44 Where a testing institution violates the provisions of these Measures and commits any of the acts as stipulated in items 2 to 5 of Article 30, the competent department of housing and urban-rural development 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 50,000 yuan but not more than 100,000 yuan. Where harmful consequences are caused, a fine of not less than 100,000 yuan shall be imposed