News Information

Construction Quality Regulation [2019] No. 9

To all the departments (committees, bureaus) of housing and urban-rural development, and departments (bureaus) of emergency management of provinces, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps:

In order to strictly implement the safety production responsibilities of the main responsible persons, project leaders, and full-time safety production management personnel of construction enterprises, effectively prevent safety production risks, and resolutely curb major and above production safety accidents, in accordance with the "Construction Law of the People's Republic of China", "Safety Production Law of the People's Republic of China", "Construction Engineering Safety Production Management Regulations" and other laws and regulations and relevant documents, the following opinions are hereby put forward on strengthening the punishment of responsible enterprise personnel for construction safety accidents:

I. Promote the safety production commitment system

Construction enterprises bear the main responsibility for safety production, must abide by safety production laws and regulations, and establish and improve the safety production responsibility system and safety production rules and regulations. The housing and urban-rural development authorities at all levels of local governments should urge the legal representatives and project leaders of construction enterprises to make public commitments to the society on behalf of the enterprises and projects respectively: strictly implement various laws, regulations and standards for safety production, strictly implement the safety production responsibility system, and consciously accept the inspection of government departments in accordance with the law; if a production safety accident occurs due to illegal and irregular behavior, they shall bear the corresponding legal responsibility and accept the punishment implemented by government departments in accordance with the law.

2. Revoke the qualification of responsible personnel

The main person in charge, project manager and full-time production safety management personnel of construction enterprises must have corresponding production safety knowledge and management capabilities. For the relevant responsible personnel of construction enterprises who fail to perform their production safety duties and cause production safety accidents, especially major and above accidents, the housing and urban-rural development authorities shall suspend or revoke their professional qualifications and job certificates related to production safety in accordance with the law, and implement occupational bans in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. The relevant registered practitioners of survey, design, supervision and other units who are responsible for the accident shall also be ordered to stop practicing in accordance with the law until the relevant registration certificates are revoked, and they are not allowed to engage in related construction activities.

3. Strengthen the accountability of responsible personnel in accordance with the law

Construction enterprises shall establish and improve the production safety management system, establish and improve the production safety responsibility system at each level, establish a production safety assessment and reward and punishment mechanism, and strictly assess production safety performance. For the responsible persons of enterprises who fail to perform their production safety duties and cause accidents, especially major and above production safety accidents, the local housing and urban-rural construction authorities at all levels shall strictly punish them in accordance with the "Construction Project Safety Production Management Regulations" and the local government's accident investigation conclusions. If the staff with supervisory responsibilities are found to have abused their power, neglected their duties, or engaged in favoritism and fraud, they shall be punished according to law.

IV. Strengthen the criminal liability of responsible persons in accordance with the law

The main person in charge, project manager and full-time production safety management personnel of construction enterprises shall perform their production safety obligations in accordance with the law. If the relevant personnel of the construction enterprise are found to be suspected of committing a crime during the accident investigation, the relevant materials or their copies shall be promptly transferred to the public security organs with jurisdiction for handling in accordance with the law in accordance with the "Work Methods for the Connection between Production Safety Administrative Law Enforcement and Criminal Justice". The local housing and urban-rural construction authorities and emergency management authorities at all levels should actively cooperate with the judicial organs to investigate the criminal responsibility of the relevant personnel of enterprises who bear major responsibilities and constitute crimes in accordance with the relevant provisions of the Criminal Law.

5. Strengthen the punishment of dishonesty of responsible personnel

Local housing and urban-rural development departments and emergency management departments at all levels should actively promote the construction of a credit system for safe production in the field of construction, and establish and improve a system of bad credit records and a "blacklist" of credit in the field of construction based on the credit information sharing platform in various related fields. According to regulations, the main responsible persons, project leaders and full-time safety production managers of enterprises who fail to perform their safety production duties and cause accidents, especially major and above production safety accidents, will be included in the bad credit records and "blacklist" of safety production credit in the field of construction. Further strengthen joint dishonesty punishment, and punish the responsible persons for production safety accidents in accordance with the relevant provisions of the "Notice on Issuing the Memorandum of Cooperation on Joint Punishment of Dishonest Production and Operation Units and Relevant Personnel in the Field of Safety Production" (Fagai Caijin [2016] No. 1001).

Ministry of Housing and Urban-Rural Development of the People's Republic of China

Ministry of Emergency Management of the People's Republic of China

November 20, 2019