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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONSTRUCTION PROCEDURES CHAPTER III PROJECT MANAGEMENT INSTITUTION AND ITS DUTIES CHAPTER IV BID INVITATION AND BIDDING AND CONTRACT MANAGEMENT CHAPTER V SURVEY AND DESIGNING MANAGEMENT CHAPTER VI CONSTRUCTION MANAGEMENT CHAPTER VII SUPERVISION MANAGEMENT CHAPTER VIII QUALITY MANAGEMENT CHAPTER IX SAFETY MANAGEMENT CHAPTER X MANAGEMENT OF CONSTRUCTION FUNDS CHAPTER XI COMPLETION AND ACCEPTANCE INSPECTION CHAPTER XII PENALTY PROVISIONS CHAPTER XIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are formulated in accordance with the Railway Law of the People's Republic of China, the Tendering and Bidding Law of the People's Republic of China, the Regulation on the Administration of Construction Quality, the Regulation on the Administration of Construction Survey and Designing and other relevant laws and regulations in order to strengthen the administration of railway construction, regulate the railway construction, and improve the level of railway construction. Article 2. Railway construction mentioned in the present Measures means all the construction activities in newly built or rebuilt railway construction projects, including decision making on project initiation, survey and designing, carrying-out of projects, completion of projects, acceptance inspection of projects, and so on. Article 3. The present Measures shall apply to the railway construction activities inside the territory of the People's Republic of China. Article 4. The relevant guidelines and policies of the State must be implemented in the railway construction. The laws and regulations of the State and the rules and compulsory construction standards of the administrative organ of railways under the State Council must be strictly abided by, and the construction procedures prescribed by the State must be strictly followed. Article 5. The scientific and technological innovations shall be adhered to in the railway construction, and modern management methods shall be actively adopted, and advanced technologies, advanced equipment, advanced process, new-type building materials shall be extended and used, so as to continuously improve the construction level. Article 6. Great importance shall be attached to the environmental protection, water and soil conservation, and the disaster prevention and reduction in the railway construction; the energy and land shall be saved, and the cultural relics shall be well protected in addition. Article 7. The bidding system, project supervision system, contractual management system, and quality supervision system shall be applied in the railway construction. Article 8. The quality and safety management must be strengthened, the project quality must be guaranteed, and the safety of people's lives and properties must be protected in the railway construction. Article 9. An enterprise engaging in project management, survey and designing, project construction, supervision or consulting, etc. concerning the railway construction must obtain the corresponding professional qualifications in accordance with the provisions, and its main employees must obtain the individual practicing qualifications. The enterprise and its main employees shall undertake their business within the approved scope of professional qualifications and practicing qualifications, and accept the supervision and inspection lawfully conducted by the administrative organ of railways under the State Council. Article 10. The responsibility for supervising and administering the railway construction nationwide shall remain with the administrative organ of railways under the State Council. CHAPTER II CONSTRUCTION PROCEDURES Article 11. The railway construction procedures include decision making on project initiation, designing, carrying-out of projects, completion, and acceptance inspection of projects. Article 12. The stage for making decisions on the project initiation. Advance feasibility study shall be carried out for the project under planned construction according to the railway construction planning, and a project proposal shall be worked out. The feasibility study shall be carried out on the basis of the primary survey according to the approved mid-term or long-term planning on railways or to the project proposal, and a feasibility study report shall be worked out. Both the project proposal and the feasibility study report shall be submitted for approval in accordance with the provisions of the State. For a simple construction project, the feasibility study may be carried out directly, and a feasibility study report shall be worked out. Article 13. The designing stage. The primary designing shall be carried out according to the approved feasibility study report on the basis of the determined survey. After the primary designing has been approved through examination, the construction drawing designing shall be carried out. For a simple construction project, the construction drawing designing may be directly carried out according to the approved feasibility study report. Article 14. The stage of carrying out the project. After the primary designing documents have been approved through examination, the bid invitation shall be arranged for, and the report on starting construction shall be worked out. After the said report has been approved, the construction shall be arranged for in light of the approved construction scale, technical standards, construction period and investments, and pursuant to the construction drawings and the documents on the designing of the construction structure. Article 15. The stage of completion and acceptance inspection. After the railway construction project has been completed entirely or completed by several periods or sections pursuant to the approved designing documents, the acceptance inspection of completion shall be arranged for in accordance with the provisions, and the assets shall be transferred accordingly. CHAPTER III PROJECT MANAGEMENT INSTITUTION AND ITS DUTIES Article 16. The construction management entity of a railway construction project is the institution that arranges for the implementation of the project, and the directly responsible party for achieving the construction. The construction management entity shall be selected or established by the investor(s) of the construction project. The investor(s) of the construction project shall, pursuant to the principle of combining powers with liabilities, clarify the construction management entity's duties and scope of powers, and supervise it to complete the construction. Article 17. For a railway construction project directly invested by the Central Government, the administrative organ of railways under the State Council shall select the construction management entity in light of the features of the construction project. For a railway construction project under the system of project legal person liability, the construction management entity shall be selected or established by the project legal person. For any other railway construction project, the construction management entity shall be selected or established in accordance with the provisions of the State and by referring to the present Measures. Article 18. A railway construction management entity must be a lawfully established enterprise that engages in railway construction or a public institution with the status as an independent legal person, and shall meet the following conditions: (1) It has work achievements on managing the same kind of construction projects, and the project it constructed is qualified in quality, good in investment control, and is inspected through transportation as having no hidden danger in quality; (2) It has employed the technical and economic management staff members fitting in with the construction project in all necessary professional areas, among whom, the responsible person of the entity, the technical responsible persons and the financial responsible persons must have the educational qualifications of specialized college or above, be familiar with the relevant guidelines, policies, regulations and provisions of the State and of the administrative organ of railways under the State Council on railway construction, and can understand the policies well. The responsible person of the entity must have strong organizing abilities, have the experiences in the management of construction projects, or have held senior management position for on-the-spot construction of the same kind of projects, and must be proved by practices as a qualified senior project manager. The main technical responsible person must be familiar with the rules and norms on railway construction, have experiences in the technical management of construction projects, or have been technical responsible persons for the same kind of construction projects, and must be proved by practices as qualified. The main financial responsible person must be familiar with the financial provisions on railway construction, have experiences in the investment control and financial management of construction projects, or have been financial responsible persons of the same kind of construction projects, and must be proved by practices as qualified; and (3) It has the technical, quality and economic management institutions suitable for the project construction management, is able to guarantee that the quality and safety of the construction project conform to the provisions of the State, able to control the project investments well, and to lawfully conduct the financial management and accounting. Article 19. The main duties of a construction management entity are: (1) Implementing the guidelines, policies, regulations and provisions of the State and of the administrative organ of railways under the State Council on project construction, arranging for the construction of the railway project according to the approved construction scale, the technical standards, construction period and investments, and being responsible to the entrusting party in the whole process in respect of the project quality, safety, period, investments, etc.; (2) Arranging for the bidding invitation for survey and designing, and the implementation of the survey and designing, the geological survey and supervision, and the designing consultation; (3) Arranging for the construction, supervision, bid invitation for purchase of materials and equipment, and concluding contracts with the bid winning enterprise; (4) Going through the formalities for supervision of project quality; (5) Being responsible for the land requisition and the house demolishment in the project, and for examining and approving the report on starting (resuming) the construction of a single item of work in the construction project; (6) Arranging for the making of the designing of project construction structure; (7) Being responsible for examining the construction drawings, supplying the designing documents, and arranging for the on-the-spot technical disclosure of the project designing; (8) Working out the annual project construction plan and the proposal on the budget of construction funds; (9) Solving the problems arising in the project construction, and being responsible for making statistics and reporting the project schedule; (10) Modifying the designing in accordance with the provisions; (11) Arranging for or participating in the investigation and treatment of the accidents in respect of project quality, casualty, driving safety, etc. in accordance with the provisions; (12) Being responsible for the financial management affairs in the project, using the construction funds in accordance with the provisions, and handling all the settlement business relating to the project; (13) Being responsible for inspecting the project and calculating the price, and timely allocating and settling the construction price and other funds; and (14) Being responsible for the pre-stage acceptance inspection upon completion of the project, working out the completion documents and the final accounts upon completion, and the project summary. CHAPTER IV BID INVITATION AND BIDDING AND CONTRACT MANAGEMENT Article 20. For the railway construction, a unified, open and orderly railway construction market must be built up pursuant to the requirements of the socialist market economic system. Article 21. The survey and designing, construction, and supervision of a railway construction project, the purchase of the relevant important materials and equipment, etc. in the project construction, shall be subject to bid invitation and bidding in accordance with the law. Article 22. The bid invitation and bidding activities in a railway construction project shall be in compliance with the principles of publicity, fairness, impartiality, honesty and credibility. Article 23. The bid invitation and bidding activities in a railway construction project shall not be restricted by region or department. No entity or individual shall illegally restrict or repel the correspondingly qualified enterprises or other organizations out of its/his own region or division from attending the bidding, nor shall they illegally intervene in the bid invitation and bidding activities by any means. No entity or individual shall break up a whole railway construction project, which must be under a bid invitation in accordance with the law, into parts, or evade the bid invitation with any other reasons. Article 24. The bid invitation and bidding activities in a railway construction project shall be protected by the laws of the State. The bid invitation and bidding activities and the parties concerned shall be under the supervision of the administrative organ of railways under the State Council and its authorized departments. Article 25. A construction management entity may not ask the bid winning enterprise to divide the bid into parts; the survey and designing enterprise or the construction enterprise may not assign or illegally divide the contract for a railway construction project undertaken; the supervising enterprise may not assign the supervision on an undertaken railway construction project to other enterprise. Article 26. After the bid winner is determined through bid invitation, the construction management entity and the bid winner must, within the prescribed time limit, conclude a written contract pursuant to the contractual clauses stipulated in the bidding documents, clarifying the rights and obligations of both parties. The parties shall strictly implement the contractual stipulations, and the breaching party must assume the corresponding economic and legal liabilities. Article 27. The contract for the survey, designing, construction or supervision in the railway construction shall be subject to a system of guaranty for implementation of contract, and an insurance system shall be actively applied. Article 28. The railway construction shall be subject to a system of record of contracts. Within 15 days as of the conclusion of a contract, the construction management entity shall make record at the administrative organ of railways under the State Council or at the entity it designates. CHAPTER V SURVEY AND DESIGNING MANAGEMENT Article 29. In a railway construction project, the survey and designing shall be in keeping with the social and economic development level and the railway development target, and be in compliance with the principle of unifying economic benefits, social benefits and environmental benefits. Article 30. The technical policies and compulsory project construction standards promulgated by the State and the administrative organ of railways under the State Council, and the examination and approval opinions of the relevant department of the State on project proposal, feasibility study report and primary designing shall be implemented earnestly in the survey and designing of a railway construction project . Article 31. The bid invitation and bidding system, the system on supervision of geological survey, the system on consulting of designing and the system on examination of designing documents shall be applied in the survey and designing of a railway construction project according to the relevant provisions. Article 32. An enterprise undertaking the survey and designing of a railway construction project must strengthen the technical management and quality management. Its geological survey documents must be authentic and accurate; its economic and social investigation shall be well carried out for the designing. It shall, by making use of systematic engineering theories, and by comprehensively considering the transportation capacity, transportation quality, construction scale and investments, recommend advanced and suitable technical standards, and shall also, on the basis of making full demonstration of the proposal, and economic and technical comparisons, recommend the best designing proposal. Article 33. The designing documents for a railway construction project must be profound prescribed, and the difference between the static investments in the primary budgetary estimate of designing and those in the approved feasibility study report shall generally be no more than 10% of the static investments in the approved feasibility study report. Article 34. The specifications, type, functions and other technical indexes shall be indicated on the materials and equipment used for the designing of a railway construction project, and the quality of such materials and equipment must meet the standards prescribed by the State. Except the particularly required building materials, special equipment, processing production line, etc., a designing entity shall not designate the manufacturer or supplier. Article 35. Before a railway construction project is started, the survey and designing enterprise must, pursuant to the stipulations in the contract on survey and designing, illuminate its intent of designing to the construction and supervision enterprises, explain the designing documents, and send a representative designing office and representatives to reside at the construction site on a long-term basis in order to timely settle the survey and designing problems arising in the construction, improve and optimize the survey and designing, and modify the designing in accordance with the provisions. Article 36. With respect to the fees charged for the survey and designing of railway construction projects, high quality and reasonable price shall be applied in accordance with the relevant provisions of the State and the administrative organ of railways under the State Council. CHAPTER VI CONSTRUCTION MANAGEMENT Article 37. An enterprise undertaking the contract for a railway construction project must implement the laws and regulations of the State on quality, safety, environmental protection, etc., and accept the supervision and inspection lawfully conducted by the relevant departments. Article 38. An enterprise undertaking the contract for a construction project must implement the contract, and shall, pursuant to the contractual stipulations, establish an on-the-spot management institution, provide itself with the corresponding engineers, construction manpower and mechanical equipment. Article 39. An enterprise undertaking the contract for a construction project must check the designing documents in details, and carry out the construction according to the construction drawings and the designing of the construction structure. It must also, if finding any problem existing in the designing documents or any problem of survey and designing during the construction, timely notify the designing, supervision and construction management entities in writing. Article 40. An enterprise undertaking the contract for a construction project must establish a quality responsibility system, intensify the quality and safety management, establish and improve the quality and safety guaranty setup, carry out cordial construction, and apply standardized site construction. Article 41. An enterprise undertaking the contract for a construction project must, with regard to the key posts and key types of work in the construction, strictly implement the system of training before going to the post. Article 42. An enterprise undertaking the contract for a construction project must inspect the building materials, concrete, components, equipment, etc. in accordance with the provisions. It is strictly prohibited to use unqualified materials, products and equipment. Article 43. An enterprise undertaking the contract for a construction project may not assign the contract for the project or illegally divide the contract. If the contract for the project is indeed necessary to be divided, it shall be stated in the bidding documents, and be stipulated between the parties in the concluded contract. The enterprise undertaking the contract for the construction project shall be responsible for the quality and safety of the divided contract. Article 44. An enterprise undertaking the contract for a construction project shall, during the construction, accurately fill in various inspection forms, and work out the completion documents in accordance with the provisions. CHAPTER VII SUPERVISION MANAGEMENT Article 45. The supervision of a railway construction project shall apply the system of the general supervision engineer's responsibility and the system of the supervision practicing staff's going to their posts by holding certificates. Article 46. For the project supervision, the relevant rules and norms on railway construction must be complied with, and the supervision shall be conducted on the basis of the designing documents and the standards for inspecting and appraising project quality. Article 47. A supervision enterprise must, pursuant to the supervision contract and the bidding commitments, establish an on-the-spot supervision institution, provide itself with the general supervision engineer, professional supervision engineers and the necessary testing equipment. Article 48. At a construction site, the project supervision setup, under which the general supervision engineer, the supervision engineers and the supervisors are responsible for their respective duties, shall be established. The provision of on-the-spot supervisors must meet the needs in the supervision, while the key process or concealed engineering involving the safety of the project structure must be under supervision at a nearby station. Article 49. A supervisor must carefully read and inspect the designing documents, and conduct the supervision according to the designing documents and the designing of construction structure. In case it finds any problem in the survey and designing, it must timely notify the designing and construction management entities in writing. Article 50. The building materials, components and equipment may not be put into use or installation until they have been inspected by the supervision engineer and signed by him. The key process or concealed engineering involving the safety of the project structure must not enter the next stage until the supervision engineer has signed his name on it. Article 51. Before a construction management entity allocate the construction funds, the documents on inspection of the project and calculation of the funds shall be confirmed by the general supervision engineer with his signature. CHAPTER VIII QUALITY MANAGEMENT Article 52. The Regulation on the Administration of the Quality of Construction Projects shall be strictly abided by in the railway construction. The construction management entity, the survey and designing, construction, supervision enterprises shall assume the corresponding quality liabilities in accordance with the law. Article 53. The railway construction shall apply the system of supervision of project quality. The railway project quality supervision institution and its dispatched entities shall lawfully conduct the supervision on the quality of railway construction projects. The construction management entity must, before the construction of a project is started, go through the formalities of quality supervision in accordance with the provisions. Article 54. The report, investigation and treatment of accidents on the quality of railway construction projects shall be subject to the governance of the relevant provisions of the State and the administrative organ of railways under the State Council. In case of any project quality accident, the construction management entity and the construction and supervision enterprises must make a report in time in accordance with the provisions, and arrange for or assist in the investigation and treatment. It is strictly prohibited to delay the report or conceal the facts. The documents on treatment of a project quality accident shall be regarded as the completion documents and be transferred to the accepting entity. Article 55. The railway construction shall apply the system of guaranteed repair service in project quality. An enterprise undertaking the contract of a construction project shall, in accordance with the provisions, perform its obligation of guaranteed repair service regarding the quality problems within the scope and period of guaranteed repair service, and shall bear the compensation liability for the losses caused. CHAPTER IX SAFETY MANAGEMENT Article 56. The Work Safety Law of the People's Republic of China and other relevant laws and regulations on work safety, and the national standards on guaranteeing work safety and the relevant provisions formulated by the administrative organ of railways under the State Council on safety, must be strictly implemented in the railway construction. Article 57. The construction management, survey and designing, construction, supervision enterprises in railway construction shall establish and improve a system of education and training on labor safety, and strengthen the education and training of the employees on work safety. The employees who have not received the training on work safety may not work at their posts. Article 58. The railway construction shall apply a system of liabilities for safety and a system of investigating for the liabilities for accidents. The liable persons in an accident shall be investigated for their legal liabilities in accordance with the law. Article 59. The safety facilities in a railway construction project must be designed, constructed and completed simultaneously with the major part of the project, and may not be put into formal operation until it has been accepted as qualified after inspection. Article 60. The system of report, investigation and treatment of accidents on construction safety shall be strictly applied. Where an enterprise undertaking the contract for a construction project, a construction management entity or a supervision enterprise, etc. meets with an accident on construction safety, it must make a report in time in accordance with the provisions, and arrange for or assist in the investigation and treatment. It is strictly prohibited to delay the report or conceal the facts. Article 61. The construction management entity and the survey and designing, construction, supervision enterprises which undertake the rebuilding project of existing railways must strictly implement the rules and systems of the administrative organ of railways under the State Council on construction of existing railways, and accept the guidance and supervision of the operating entity, so as to guarantee the transportation and construction safety. A project of rebuilding existing railways must be put into operation until it has been accepted as qualified after inspection. CHAPTER X MANAGEMENT OF CONSTRUCTION FUNDS Article 62. For the railway construction, the construction project investments shall be reasonably determined, and the part which the static investments in the primary budgetary estimate of designing exceed those in the approved feasibility study report shall not be more than 10% of the static investments in the approved feasibility study report. In case the said percentage has to be exceeded under a particular circumstance, it must be submitted to the entity that approved the original feasibility study report for approval. Article 63. For the railway construction, the project investments must be strictly controlled to avoid losses and wastes and to improve the benefits from the investments. Unless otherwise prescribed in policies or due to particular reasons, the approved primary budgetary estimate of designing in the construction project shall not be raised. Article 64. For the railway construction, the relevant financial management systems of the State must be strictly implemented, and the management of funds must be strengthened. Article 65. With respect to the fiscal investments of a railway construction project, the budget of construction funds must be worked out in accordance with the provisions, and the approved budget shall be strictly implemented. Article 66. For the railway construction, the relevant provisions on payment of construction funds must be strictly implemented, and the construction funds must be strictly allocated as stipulated in the contract, instead of being allocated at an excessive amount or in arrears. It is strictly prohibited to occupy by squeeze, to hold back or to misappropriate the construction funds. Article 67. The use and management of the funds for railway construction shall, in accordance with the law, be audited, supervised and inspected. CHAPTER XI COMPLETION AND ACCEPTANCE INSPECTION Article 68. After a railway construction project is completed pursuant to the approved designing documents, it must be subject to the acceptance inspection in accordance with the provisions of the State. Any such project that has not been inspected or is inspected as unqualified shall not be delivered for use. Article 69. The acceptance inspection of a railway construction project shall be arranged for by an acceptance inspection institution, which shall be established in accordance with the provisions of the State. The acceptance inspection includes the primary inspection, the formal acceptance inspection and the transfer of fixed assets. The projects below the limited amount or the small projects may be inspected for acceptance on a one-step basis. Article 70. A construction management entity shall, after confirming that a construction project has met the conditions for primary inspection, render the report on application for primary inspection. If the acceptance inspection institution considers that the project has met the standards for primary inspection, it shall arrange for the primary inspection of the project; the project may not be delivered for temporary management or put into operation until it has been primarily inspected as qualified. Article 71. The formal acceptance inspection shall, in principle, be conducted within one year after the primary inspection. If the acceptance inspection institution considers that the construction project has met the standards for formal acceptance inspection, it shall arrange for the acceptance inspection. The project may not be delivered for formal operation until it has been accepted as qualified after inspection. Article 72. After a construction project is formally accepted as qualified after inspection, the transfer of fixed assets shall be handled in accordance with the provisions. CHAPTER XII PENALTY PROVISIONS Article 73. An entity or individual taking part in the railway construction shall, when committing any act in violation of laws or rules in railway construction, bear the corresponding administrative, economic and legal liabilities in accordance with the law. The administrative organ of railways under the State Council and its authorized departments shall impose administrative penalties against the acts in violation of the present Measures. Article 74. Where a railway construction management entity violates the present Measures by committing any of the following acts, it shall be ordered to make a correction; if the circumstance is serious, its professional qualifications shall be degraded; and the directly liable persons shall be imposed upon administrative penalties in accordance with the law; if a crime is constituted, its criminal liabilities shall be investigated in accordance with the law: (1) It does not invite bidders to bid for a construction project, which must be under a bid, or violates the laws or rules to invite bidders to bid, or assigns the contract for the project to an entity that is not qualified to undertake the contract; (2) It does not perform its duties, thus postpones the construction, causes the project poor in quality, or causes major accidents on quality or safety; (3) It fails to, in accordance with the provisions, go through the formalities for supervision of the project quality, but starts the construction discretionally; (4) It discretionally delivers the construction project for use without having it accepted as qualified after inspection, or on the condition that the project is inspected as unqualified; (5) It discretionally enlarges the scale of the construction project, raises or lowers the construction standards; (6) It occupies by squeeze, holds back or misappropriates the construction funds; (7) It fails to arrange for the construction pursuant to the approved construction period, blindly shorten the construction period, thus causes the project poor in quality, or causes any major accident on quality or safety; or (8) Other acts in violation of laws or rules. Article 75. Where a survey and designing enterprise undertaking the survey and designing of a railway project violates the present Measures by committing any of the following acts, it shall be ordered to make a correction; if the circumstance is serious, its qualification for bidding shall be suspended, and its railway professional qualifications shall be degraded or even be cancelled by the qualification approving department; the directly liable persons shall be imposed upon administrative penalties in accordance with the law; if a crime is constituted, its criminal liabilities shall be investigated in accordance with the law: (1) It exceeds the scope permitted by the professional qualifications grade to undertake the survey and designing of a railway project, permits any other entity or individual to undertake the railway survey and designing in its own name, or assigns or illegally divides the contract for the railway survey and designing it undertakes; (2) It fails to make the designing pursuant to the compulsory project construction standards, or fails to make the project designing according to the documents on the achievements of the survey; (3) It makes errors in designing, thus causes heavy economic losses; (4) It fails to modify the designing in accordance with the provisions; or (5) Other acts in violation of laws or rules. Article 76. Where an enterprise undertaking the contract for a construction project violates the present Measures during the construction of a railway project by committing any of the following acts, it shall be ordered to make a correction; if the circumstance is serious, its qualification for bidding shall be suspended, and its railway professional qualifications shall be degraded or even be cancelled by the qualification approving department; if a crime is constituted, its criminal liabilities shall be investigated in accordance with the law: (1) It violates laws or rules to take part in the project bidding and wins the bid by illegal means; or it permits any other entity or individual to, in its own name, undertake the construction of a railway project, or assigns or illegally divides the contract for the project; (2) It carries out the construction not in accordance with the designing documents and technical standards; it scamps work and stints materials, or uses unqualified building materials, building components or equipment in the construction; it conducts disordered management at the construction site, thus causes the project poor in quality or causes any concealed danger; (3) It does not implement the contract or the bidding commitments, or does not implement the obligation of guaranteed repair service; (4) It does not accept the supervision by the project quality supervision institution, and does not accept the inspection by the supervision entity; (5) It conceals, falsely reports or delays to report any major accident on project quality or any major accident on safety; (6) It does not report the errors it has found in the designing documents, thus causes the project poor in quality or causes any concealed danger; or (7) Other acts in violation of laws or rules. Article 77. Where a project supervision enterprise undertaking the supervision of railway project violates the present Measures by committing any of the following acts, it shall be ordered to make a correction; if the circumstance is serious, its qualification for bidding shall be suspended, its railway professional qualifications shall be degraded or even be cancelled by the qualification approving department; if a crime is constituted, its criminal liabilities shall be investigated in accordance with the law: (1) It violates the laws or rules to take part in the supervision of bidding, to win the bid by illegal means, or to assign the supervision business; (2) It colludes with a construction management, designing or construction enterprise to commit frauds; (3) It does not carefully implement the contract on entrusted supervision or the bidding commitments, or any of its supervisors causes a quality accident due to his fault or breach of duty; (4) The supervisor takes bribes, accepts gifts, or demands money or properties; (5) It does not report the errors it has found in the designing documents, or fails to timely make a report to the construction management entity after receiving the construction entity's report on errors in the designing documents, thus causes the project poor in quality or causes any concealed danger; or (6) Other acts in violation of laws or rules. Article 78. Where any functionary in an administrative department of railway construction practices frauds for personal gains, abuses his powers, or neglects his duties, he shall be imposed upon disciplinary or administrative sanctions in accordance with the law; if a crime is constituted, he shall be investigated for criminal liabilities in accordance with the law. CHAPTER XIII SUPPLEMENTARY PROVISIONS Article 79. For the railway construction projects utilizing foreign investments (including foreign loans), if there are separate provisions of the State, they shall be applied. Article 80. Where any promulgated provisions on or measures for the administration of railway construction are inconsistent with the present Measures, the latter shall prevail. Article 81. The responsibility to interpret the present Measures shall remain with the administrative organ of railways under the State Council. Article 82. The present Measures shall come into force on October 1, 2003. The Interim Measures on the Administration of Basic Railway Construction promulgated by the Ministry of Railways (No. 191 [1990] of the Ministry of Railways) shall be abrogated simultaneously. |
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