Regulations on quality control of water conservancy projects

(Promulgated by Decree No. 52 of the Ministry of Water Resources of January 12, 2023)

Chapter I General rules

Article 1 In order to strengthen the quality control of water conservancy projects, ensure the quality of water conservancy projects and promote the high-quality development of water conservancy projects, these Provisions are formulated in accordance with the "Construction Law of the People's Republic of China", "Regulations on the Quality Control of Construction Projects", "Regulations on the Administration of Survey and Design of Construction Projects" and other laws and administrative regulations.

Article 2 The relevant activities and quality supervision and management of water conservancy project construction (including new construction, expansion, reconstruction, insurance reinforcement, etc.) shall comply with these Provisions.

Article 3 The construction of water conservancy projects shall strictly follow the procedures for capital construction, and shall not exceed the authority to approve construction projects or simplify the procedures for capital construction without authorization.

Article 4 The Ministry of Water Resources shall be responsible for the supervision and administration of the quality of water conservancy projects throughout the country.

The river basin management agency under the Ministry of Water Resources (hereinafter referred to as the river basin management agency) shall be responsible for the supervision and management of the quality of water conservancy projects within its jurisdiction in accordance with laws, administrative regulations and the authorization of the Ministry of Water Resources.

The departments of water administration of the local people's governments at or above the county level shall, within the scope of their functions and responsibilities, be responsible for the supervision and administration of the quality of water conservancy projects in their respective administrative areas.

Article 5 The project legal person or construction unit (hereinafter referred to as the project legal person) shall bear the primary responsibility for the quality of water conservancy projects. Survey, design, construction and supervision units bear the main responsibility for the quality of water conservancy projects, and are respectively responsible for the survey quality, design quality, construction quality and supervision quality of projects. Testing and monitoring units as well as raw materials, intermediate products, equipment suppliers and other units shall bear corresponding responsibilities for project quality respectively in accordance with relevant regulations and contracts.

The legal representatives of project legal persons, survey, design, construction, supervision, testing, monitoring units, raw materials, intermediate products, equipment suppliers and other units and their staff shall bear corresponding responsibilities for project quality according to their respective functions and responsibilities.

Article 6 The system of lifelong responsibility for project quality shall be implemented for water conservancy projects. Project legal person, survey, design, construction, supervision, testing, monitoring and other units personnel, in accordance with laws and regulations and relevant provisions, within the reasonable service life of the project to bear the corresponding responsibility for the quality of the project.

Article 7 Any unit or individual shall have the right to report, prosecute and complain about quality accidents, quality defects and behaviors that affect the quality of water conservancy projects.

Article 8 Encourage the legal person, survey, design, construction, supervision and other participating units of water conservancy projects to adopt advanced science and technology and management methods, implement total quality management, improve the level of project quality, and create high-quality projects.

The water administration departments or river basin management agencies of the people's governments at or above the county level shall reward the units and individuals that have made outstanding contributions to improving the quality of water conservancy projects in accordance with the relevant provisions of the State.

Article 9 All units participating in the construction of water conservancy projects shall establish a sound education and training system, conduct quality management education and training for employees, carry out job assessment in accordance with regulations, strengthen quality awareness and improve quality management capabilities.

Chapter II Quality responsibility of project legal person

Article 10 The project legal person shall define the quality management organization according to the scale and technical complexity of the water conservancy project, establish and improve the quality management system, implement the quality responsibility, and implement the quality management of the whole process of project construction.

Article 11 The project legal person shall contract the project to the unit with the corresponding qualification level in accordance with the law.

The contract documents signed by the project legal person and the participating units shall include project quality clauses, clear project quality requirements, and agree on the quality responsibilities of the parties to the contract.

The project legal person shall provide the original materials related to the project to the relevant survey, design, construction, supervision and other units in accordance with the law. The original data must be true, accurate and complete.

Article 12 Project legal persons shall not force market entities to bid at prices below cost, and shall not arbitrarily reduce the reasonable construction period.

The project legal person may not express or imply that the survey, design or construction unit violates the mandatory standards for project construction and reduces the quality of the project; It is not allowed to express or imply that the construction unit uses unqualified raw materials, intermediate products and equipment.

Article 13 The project legal person shall go through the procedures of project quality supervision and commencement filing in accordance with the relevant provisions of the State, and specify in writing the project leader and technical leader of each participating unit.

Article 14 The project legal person shall, on the basis of the approved design documents, organize the preparation of a list of technical standards for the implementation of project construction and clarify the quality standards for project construction.

Article 15 The project legal person shall organize the review of the construction drawing design documents. No construction drawing design documents without qualified examination shall be used.

The project legal person shall organize or entrust the supervision unit to organize the relevant participating units for investigation and design disclosure.

The project legal person shall strengthen the management of design changes and perform the design change procedures in accordance with the provisions. Design changes shall not be implemented without examination and approval.

Article 16 The project legal person shall carry out the acceptance inspection in strict accordance with the relevant laws, regulations, rules, technical standards, approved design documents and contracts. Only if the quality of the project meets the relevant requirements can it pass the acceptance inspection.

Article 17 The project legal person shall inspect the quality behavior of the participating units and the quality of the project entity, and organize the responsible units to rectify and implement the problems found. For the occurrence of serious violations and quality accidents, the project legal person shall promptly report to the competent water administration department or river basin management agency.

Article 18 After the commencement of the project, the project legal person shall set up a quality responsibility public board in the obvious part of the project construction site to publicize the name of the project legal person, survey, design, construction, supervision and other participating units, the name of the project leader and the quality report telephone number, and accept social supervision.

After the completion and acceptance of the project, the project legal person shall set up permanent signs at the obvious parts of the project, indicating the name of the project legal person, survey, design, construction, supervision and other participating units and the name of the project leader.

Article 19 The project legal person shall, in accordance with the relevant provisions of archives management, promptly collect, sort out and urge and guide other participating units to collect and sort out the documents and materials of each link of the project construction, establish and improve the project archives, and handle the transfer formalities after the completion and acceptance of the project.

Article 20 Where the management mode such as agent construction and project management general contracting is implemented in the construction of water conservancy projects, the units such as agent construction and project management general contracting shall bear the corresponding quality responsibility in accordance with the contract, and shall not replace the quality responsibility of the project legal person.

Chapter III Quality responsibility of survey and design units

Article 21 A survey and design unit shall, within the scope permitted by its qualification level, contract survey and design services for water conservancy projects; it is prohibited to contract survey and design services for water conservancy projects beyond the scope permitted by its qualification level or in the name of other survey and design units; it is prohibited to allow other units or individuals to contract survey and design services for water conservancy projects in its own name. It is not allowed to subcontract or illegally subcontract the survey and design of water conservancy projects contracted.

Article 22 Survey and design units shall conduct survey and design in accordance with relevant laws, regulations, rules, technical standards, planning and project approval documents, strictly implement the mandatory standards for project construction, and ensure the quality of project survey and design.

Article 23 The survey and design unit shall, in accordance with the relevant provisions, establish and improve the quality management system for survey and design, strengthen the quality control of the survey and design process, and strictly implement the system of checking, countersigning and approving the survey and design documents.

Article 24 The geological, surveying, hydrological and other survey results provided by the survey units must be true and accurate and meet the requirements for the depth of investigation stipulated by the State and relevant industries.

Article 25 The design unit shall design according to the survey results, and the design documents submitted shall meet the design depth requirements stipulated in the relevant technical standards, and indicate the reasonable service life of the project and its hydraulic structure.

The design documents of the construction drawings of water conservancy projects shall be based on the approved preliminary design documents and the design change documents.

Article 26 For the raw materials, intermediate products and equipment selected by a design unit in the design documents, specifications, models, performance and other technical indicators shall be indicated, and their quality requirements must conform to the standards prescribed by the State.

Except for raw materials, intermediate products and equipment with special requirements, the design unit shall not designate manufacturers and suppliers.

Article 27 The survey and design unit shall, before the construction of the project, disclose the information to the construction, supervision and other relevant participating units, make detailed descriptions of the construction drawing design documents, and clarify the key parts involving the safety of the project structure.

Article 28 The survey and design unit shall promptly solve the survey and design problems arising in the course of construction.

The design unit shall, according to the needs of the project construction and the contract, set up a design representative office on the construction site or send personnel with appropriate technical capabilities to serve as design representatives, provide design documents in a timely manner, and make design changes in accordance with regulations.

The design unit shall promptly notify the project legal person and the supervision unit if it finds the construction in violation of the design documents.

Article 29 The survey and design unit shall, in accordance with the relevant provisions, participate in the acceptance of the project, and in the acceptance of whether the quality of construction meets the design requirements put forward clear evaluation opinions.

Article 30 The designing unit shall participate in the analysis of water conservancy project quality accidents and propose corresponding technical treatment plans.

Chapter IV Quality responsibility of the construction unit

Article 31 A construction unit shall contract the construction business of a water conservancy project within the scope permitted by its qualification level. It is prohibited to contract the construction business of a water conservancy project beyond the scope of business permitted by its qualification level or in the name of other construction units, and it is prohibited to allow other units or individuals to contract the construction business of a water conservancy project in its own name. It shall not subcontract or illegally subcontract the contracted water conservancy project construction business.

Article 32 The construction unit must carry out construction in accordance with the approved design documents and relevant technical standards, and may not modify the design documents without authorization or cut corners.

If the construction unit finds any errors in the design documents and drawings, it shall promptly put forward opinions and suggestions to the project legal person, the design unit and the supervision unit.

The construction unit shall strictly control the quality of the construction process to ensure the quality of construction.

Article 33 The construction unit shall establish and improve the construction quality management system, set up a site construction management organization according to the construction needs and the contract, equip the management personnel to meet the construction needs, and implement the quality responsibility system.

Generally, the construction unit shall not replace the project manager and technical person in charge assigned to the site; If it is really necessary to replace, it shall be agreed in writing by the project legal person, and the qualifications of the personnel after replacement shall not be lower than the conditions agreed in the contract.

Article 34 Where one or more items of survey, design, construction and equipment procurement of water conservancy projects are subject to general contracting, the general contracting unit shall be responsible for the quality of the contracted projects or equipment purchased.

If a general contractor subcontracts a project to another unit in accordance with the law, the subcontractor shall be responsible for the quality of the subcontracted project to the general contractor in accordance with the provisions of the subcontract, and the general contractor and the subcontractor shall be jointly and severally liable for the quality of the subcontracted project. The subcontractor shall accept the quality control of the general contractor.

Subcontracting units are prohibited from subcontracting the projects they have contracted.

Article 35 The construction unit must conduct quality inspection of raw materials, intermediate products, equipment and unit projects (processes) in accordance with the approved design documents, relevant technical standards and contract agreements. Inspection records or test reports shall be recorded and signed by special personnel to ensure the authenticity and reliability of the data. For the test blocks, test pieces and related materials related to structural safety, on-site sampling shall be conducted under the supervision of the project legal person or supervision unit. Those that have not been inspected or have failed to pass the inspection shall not be used.

The quality testing services provided in the preceding paragraph shall be undertaken by the quality testing units of water conservancy projects with corresponding qualification levels in accordance with relevant provisions.

Article 36 The construction unit shall strictly implement the system of project acceptance. If the unit project (process) is not accepted or fails to pass the acceptance check, the construction of the next unit project (process) shall not be carried out.

The construction unit shall do a good job of quality inspection and record of the concealed project, and before the concealed project is concealed, the construction unit shall notify the project legal person and the water conservancy project quality supervision institution. Concealed works that have not been inspected or have failed to pass the inspection shall not be concealed.

Article 37 The construction unit shall strengthen the quality control of the construction process, form a complete and traceable construction quality management documents and materials, and collect, sort out and file in accordance with the relevant provisions of archives management. For the construction of hidden parts of the main project and the handling of quality problems, photos, audio and video documents must be kept and archived.

Article 38 The construction unit shall be responsible for repairing or rebuilding a project that has construction quality problems or fails to pass the acceptance inspection.

39th water conservancy project within the scope and warranty period of quality problems, the construction unit shall perform the warranty obligations, and bear the responsibility for the loss caused.

The scope and period of warranty for a water conservancy project shall be stipulated in the construction contract.

Article 40 When a quality accident occurs, the construction unit shall take measures to prevent the expansion of the accident, protect the accident site, and promptly notify the project legal person and supervision unit to accept the quality accident investigation.

Chapter V the quality responsibility of the supervision unit

Article 41 A supervision unit shall undertake the supervision business of water conservancy projects within the scope permitted by its qualification level, and shall not exceed the scope permitted by its qualification level or assume the supervision business of water conservancy projects in the name of other supervision units, shall not allow other units or individuals to assume the supervision business of water conservancy projects in the name of the unit, and shall not transfer the supervision business of water conservancy projects undertaken by them.

Article 42 Supervision units shall supervise the quality of water conservancy projects in accordance with the relevant laws, regulations, rules, technical standards, approved design documents and contracts of the State.

Article 43 The supervision unit shall establish and improve the quality management system, set up supervision institutions on the construction site in accordance with the needs of the project supervision and the contract, equip the supervision personnel to meet the needs of the project construction, and implement the quality responsibility system.

On-site supervisors shall hold certificates to work in accordance with regulations. The chief supervision engineer and supervision engineer shall not be replaced in general; If it is really necessary to replace, it shall be agreed in writing by the project legal person, and the qualifications of the personnel after replacement shall not be lower than the conditions agreed in the contract.

Article 44 The supervision unit shall review the construction quality management system, construction organization design, special construction scheme and archived documents of the construction unit.

Article 45 The supervision unit shall, in accordance with relevant technical standards and contract requirements, review the quality of raw materials, intermediate products, equipment and unit projects (processes) in the form of side visits, inspection, parallel inspection and witness sampling and testing.

Without the signature of the supervising engineer, raw materials, intermediate products and equipment shall not be used or installed in the project, and the construction unit shall not carry out the construction of the next unit of the project (process). Without the signature of the chief supervision engineer, the project legal person shall not allocate the project funds and shall not carry out the completion acceptance.

The items that need to be tested in parallel inspection shall be undertaken by the water conservancy project quality testing unit with the corresponding qualification level in accordance with the relevant provisions.

Article 46 The supervision unit shall not