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The Ministry of Housing and Construction of Hubei Province issued a circular on cracking down on false detection of Engineering quality, focusing on cracking down on eight types of false detection behavior. 报错
Date:2018-06-20    Hits:1191

Recently, the Hubei Provincial Housing and Construction Department issued a notice on cracking down on false detection of Engineering quality, focusing on eight types of false detection.


The eight types of false detection behaviors that we should focus on include: reducing the number of sampling, shortening the reasonable detection time, or entrusting the inspection business to the inspection institutions that do not have the corresponding qualification or exceed the qualification; fraudulent sampling, sample preparation, maintenance and inspection by the construction, construction and supervision units, or special batches of samples. Inspection of products; fabrication of false inspection reports by counterfeit inspection institutions of construction and construction units; detection agencies engaged in detection activities beyond the scope of their qualifications; without detection, they issued detection reports; forged detection data and changed detection data in violation of regulations; did not follow the prescribed detection procedures and methods to carry out detection and report; capability of testing equipment and equipment; The ability of testing personnel is not up to standard.


In view of false detection, Hubei provincial housing and construction office has put forward five punishments and punishments. Including: If the construction, construction and supervision units have false detection behavior, they shall be ordered to rectify by the local competent housing and construction authorities, and a fine of 30,000 yuan shall be imposed on the irregularities of the construction units, all of which shall be included in the record of bad behavior and published on relevant websites for a period of not less than six months.


If a testing institution commits a false testing act, it shall confiscate its illegal income, impose a fine of more than 50,000 yuan and less than 100,000 yuan, incorporate it into the record of bad behavior, and publish it on relevant websites for not less than six months; and impose a fine of less than 5% and less than 10% on the legal representatives and other persons directly responsible for the testing institution.


Other testing institutions shall be entrusted to re-examine the false and forged testing reports which are beyond the scope of technical ability and qualification, in the course of sampling, sample preparation, maintenance, inspection or test. In addition to punishment according to the above provisions, the Provincial Housing and Construction Department shall not extend the validity period of the certificate of qualification of testing institutions when they are engaged in testing activities beyond the scope of their qualifications, issue testing reports without testing, fabricate testing data and change testing data in violation of regulations. The provincial housing and construction department will withdraw the qualification certificate of the testing institution in accordance with the law if the capability of testing equipment and testing personnel does not meet the relevant provisions of the qualification standard and if they do not meet the requirements after rectification and reexamination.


If the construction, construction, supervision and other units and testing institutions have false detection behavior, the competent authorities will publicly inform the society of the names, specific parts, false detection items, responsible units and personnel involved in the project.


At the same time, the provincial housing and construction department also requires the local housing and construction departments to fulfill their responsibilities of investigation and punishment, reporting and honesty. Supervisors should not interfere in the detection of market behavior or interfere in the detection of market activities. If the supervisors explicitly or implicitly recommend the testing institutions, selective law enforcement and arbitrary discretion to punish the violations, they will be accountable and handed over to the relevant departments for serious nature once verified.


The text reads as follows:

Notice on cracking down on false inspection behavior of engineering quality

E Jian Bu [2018] 598

Municipalities, prefectures, municipalities directly under the central government and Shennongjia Forest Region Housing Construction Commission:


Real detection data is the basis and prerequisite to ensure the quality of the project, and false detection behavior seriously affects the quality and safety of the project. In order to implement the relevant laws and regulations on project quality and the requirements of the Ministry of Housing and Construction for carrying out the action of improving project quality, crack down on the false detection of project quality severely, and strive to create an environment for the development of detection, so as to ensure the quality and safety of the project, the relevant requirements are hereby notified as follows:


One, eight kinds of actions to combat false detection.


(1) When entrusting the inspection business, the construction unit shall reduce the number of sampling samples and reduce the reasonable testing time, or entrust the inspection business to the inspection institutions that do not have the corresponding qualification or exceed the qualification.


(2) Construction, construction, supervision and other units falsify in the process of sampling, sample preparation, maintenance and inspection, or violate the regulations by entrusting ready-mixed concrete production enterprises, building energy-saving materials and wall materials and other manufacturers to make samples on their behalf. Samples submitted for inspection cannot represent the parent body, resulting in the lack of authenticity and representativeness of the samples.


(three) counterfeiting inspection organizations of construction and construction units fabricate false inspection reports.


(four) the testing agency is engaged in testing activities beyond the scope of qualification.


(five) the testing organization has issued the test report without testing.


(six) the testing organization forged test data and violating the inspection data illegally.


(seven) testing organizations do not report tests according to the prescribed testing procedures and methods.


(8) The capabilities of testing equipment and testing personnel do not meet the relevant provisions of the qualification standards or the corresponding requirements of the standards and specifications.

  

Two, strict enforcement of five measures for punishing punishment.


(1) If the construction, construction and supervision units have false detection, the local competent department of housing construction shall order them to make corrections and impose a fine of 30,000 yuan on the construction units for their violations. At the same time, they were included in the record of bad behavior and published on relevant websites, with a period of not less than 6 months.


(2) Where a testing institution commits a false test, the local competent residential construction authority shall order it to make corrections, confiscate the illegal income, impose a fine of not less than 50,000 yuan but not more than 100,000 yuan, incorporate it into the record of bad conduct, and publish it on relevant websites for a period of not less than six months; and impose on the legal representative of the testing institution and other persons directly responsible for it. A fine of more than 5% and less than 10% of the amount of a fine imposed by an institution; if losses are caused to others, they shall be liable for compensation in accordance with the law and shall be investigated for criminal responsibility in accordance with the law, which constitutes a crime.


(3) For the detection beyond the scope of technical ability and qualification, fraud and forgery of detection reports in the process of sampling, sample preparation, maintenance, inspection or test, the relevant testing contents shall be entrusted to other testing institutions with corresponding qualification for re-detection. If it is no longer possible to restore sampling inspection, the construction unit shall be ordered to take the lead in organizing relevant units such as investigation, design, construction and supervision to put forward treatment plans, involving structural nature, and structural safety appraisal shall be conducted for the corresponding parts; if functional, physical examination shall be conducted for the corresponding parts.


(4) The Provincial Housing and Construction Department shall not extend the validity period of the qualification certificate of a testing institution when it engages in testing activities beyond the scope of its qualifications, issues testing reports without testing, falsifies testing data and alters testing data in violation of regulations, except for punishment as prescribed above. The provincial housing and construction department shall withdraw the qualification certificate of the testing institution in accordance with the law if the capability of testing equipment and testing personnel fails to meet the relevant provisions of the qualification standards, and if they fail to meet the requirements after rectification and review.


(5) If any construction, construction, supervision or other units or testing institutions have false detection behavior, they shall publicly inform the society of the names, specific parts, false detection items, responsible units and personnel involved in the project.


Three, earnestly fulfill the three responsibilities of testing and supervision


(1) fulfill responsibility for investigation and punishment. Local authorities in charge of housing construction should continue to carry out special rectification activities in the detection market. In view of the characteristics of fast disappearance and strong concealment of false detection behavior, they should organize high-quality and hard-working business backbone, make full use of relevant information registered and uploaded by provincial detection and supervision platform, and adopt random spot checks, flight checks and online patrols, etc. The mode includes no greeting, direct insertion into the testing institution and the testing site, prompt and accurate evidence collection and confirmation of false detection, punishment from time to time according to the provisions of this circular, supervision and correction in place, and timely public announcement of rectification and review. If a branch has false detection behavior, it shall suspend its undertaking of new testing business and impose related penalties with the maternal testing institution.


(two) fulfilling reporting responsibilities. Local housing authorities should increase the inspection intensity and frequency, report the investigation and punishment of false detection behavior of construction, construction, supervision units and inspection institutions to the provincial housing and construction department in time, and put forward suggestions concerning the qualification treatment of inspection institutions. Provincial Department of Housing and Construction will publish the investigation and punishment of false detection activities in various places, forming a linkage effect of violations and restrictions everywhere. At the same time, we will continue to intensify inspection and supervision efforts, urge the implementation of the main responsibility of enterprises and the supervision responsibility of departments, maintain the high pressure situation of inspection and supervision, and conduct communications and interviews with the competent departments that are weak in investigating and dealing with false detection acts and reporting in a timely manner.


(three) fulfill the responsibility of clean government. Supervisors should carry out inspection and supervision work in accordance with the law and impartiality, strictly implement the relevant provisions on the construction of a clean and honest government, and should not interfere in the detection of market behavior or interfere in the detection of market activities. Local housing authorities should strengthen the education of Party conduct and clean government, establish and improve the corresponding system, and transfer the serious nature of violations of the supervisors'explicit or implied recommendation and testing institutions, selective law enforcement and discretionary power of punishment to relevant departments once verified and accountable according to regulations. Complaints and phone calls and mailboxes should be set up in all localities, so that complaints and complaints can be handled promptly. The provincial housing office has set up a complaint telephone number at the provincial quality station: 027-67120975; mailbox: 79849903@qq.com.


Hubei Provincial Department of housing and urban rural development

June 14, 2018