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What is stipulated in the Interim Measures for the Management of Quality Margin of Construction Projects in Liaoning Province?
1. What is stipulated in the Regulations on Temporary Office for Quality Assurance Management of Construction Projects in Liaoning Province? The Interim Measures for the Management of Quality Margin for Construction Projects in Liaoning Province mainly stipulates: Article 1 In order to further implement the warranty responsibility during the warranty period of construction projects and standardize the management of quality margin for construction projects, these measures are formulated in accordance with the Construction Law of People's Republic of China (PRC), Regulations on the Quality Management of Construction Projects, Regulations on the Quality of Construction Projects in Liaoning Province, Interim Measures for the Settlement of Construction Project Price and Interim Measures for the Management of Quality Margin for Construction Projects. , combined with the actual situation in our province. Article 2 The term "construction project quality deposit" as mentioned in these Measures refers to the funds that the employer and the contractor have agreed in the construction project contract according to the provisions of these Measures and set aside from the project payment payable to ensure the maintenance of the construction project caused by the contractor during the warranty period. Defects refer to the fact that the quality of construction projects does not meet the construction standards, design documents and contract stipulations. The warranty period of the construction project is calculated from the date of completion and acceptance; The warranty period of the project shall be implemented according to the regulations and the contract. Article 3 These Measures shall apply to housing construction and municipal infrastructure projects newly built, expanded and rebuilt within the administrative area of this province; Where laws and regulations provide otherwise, such provisions shall prevail. Chapter II Reservation of Security Deposit Article 4 The employer shall specify the project quality warranty items and security deposit reservation in the tender documents, and agree with the contractor on the following security deposit matters in the contract according to laws, regulations and these Measures: (1) the scope, duration and responsibility of the warranty; (2) The proportion and term of deposits; (three) the deposit, use and return of the deposit; (4) Other matters that need to be agreed upon. Article 5 The construction project deposit shall be deposited into the designated deposit account in the name of the contractor by the Employer in accordance with the proportion specified in Article 8 of these Measures before the completion acceptance; The employer shall not reserve the deposit repeatedly. If other guarantee methods such as engineering quality insurance are adopted, the deposit may no longer be reserved. Article 6 During the warranty period, the deposit for government investment projects may be reserved at the financial department or the owner. The deposit reserved for social investment projects shall be deposited into the deposit account designated by the competent construction department and the financial department at the same level before the completion and acceptance of the construction project, and shall be managed by third-party financial institutions (hereinafter referred to as financial institutions). Article 7 A custody financial institution shall be designated by the municipal and county (city, district) construction department and the financial department, and a deposit account shall be established. By the construction engineering quality supervision institutions (hereinafter referred to as supervision institutions) and financial institutions in accordance with the provisions of these measures signed a deposit custody agreement, clear deposit reservation, payment, return and other matters; Financial institutions shall report the storage of margin accounts to the regulatory agencies and the financial departments at the same level on a monthly basis. Article 8 Reserve ratio of deposit: if the total settlement price of residential project units is less than 30 million yuan, reserve 3%; 30 million yuan and above shall be reserved at 1.5%, not less than 900,000 yuan. Industrial, public * * * buildings and municipal infrastructure engineering unit project price settlement is less than 30 million yuan, according to 1.5% reserved; 30 million yuan and above shall be reserved according to 1%, not less than 450,000 yuan. Other projects are agreed by the employer and the contractor in the contract. Article 9 When supervising the completion and acceptance of a project, a supervision institution shall examine the deposit reserve certificate issued by a financial institution. Chapter III Use of Warranty Funds Article 10 If a construction project has quality defects within the warranty scope and warranty period, the contractor shall perform the warranty obligations; Failing to perform or delaying the performance of warranty obligations, it shall be ordered to make corrections and be fined in accordance with the Regulations on Quality Management of Construction Projects. Article 11 The security deposit is only used to pay the cost of repairing defects caused by the contractor, and the original contractor is disintegrated, revoked or beyond repair. , organized separately by the employer. Twelfth when using the deposit, the property owner (or user) shall apply to the employer, and the employer shall choose the maintenance and construction unit; When the owner is dissolved or revoked, the property owner (or user) shall apply to the supervision institution, and the property management company or the owners' committee may choose the maintenance and construction unit. The maintenance and construction unit shall formulate a reasonable construction plan, and the maintenance price determined when necessary shall be audited by the cost consulting agency. For government-invested projects, the supervision organization will send a notice of payment of engineering maintenance funds to the financial department or the employer after filing, and the financial department or the employer will pay the maintenance funds from the deposit. For social investment projects, the supervision institution issues a notice of payment of engineering maintenance funds to financial institutions after filing, and the financial institutions pay maintenance funds from the deposit after receiving the notice. Article 13 The deposit shall be earmarked for special purposes, and no unit or individual may detain, misappropriate or seal it up without authorization. Chapter IV Return of Deposit Article 14 If there are no quality defects within two years after the completion and acceptance of the project, 70% of the deposit and interest will be returned after two years, and all the balance and interest will be returned after five years; If there are quality defects within 2 years and the warranty has been carried out, 50% of the deposit and interest will be returned by the end of 2 years, and the balance and interest will be returned by the end of 5 years; If the quality defect occurs due to the contractor but the warranty is not carried out, the corresponding maintenance expenses will be deducted, and the balance of the deposit and interest will be returned after 5 years; If there are special provisions in the contract, it can be implemented in accordance with the principle of not violating the provisions of this article. Article 15 When implementing the provisions of the preceding article, the contractor shall apply to the supervision institution for return of goods, and after confirmation by the employer and other relevant units and consent by the financial department, the supervision institution shall issue a return notice to the financial institution. If the relevant unit fails to reply within 14 days, and fails to reply within 14 days after being urged, it shall be deemed as agreeing to return the goods. If the employer and other units raise objections and the contractor refuses to accept them, the supervision institution shall arbitrate and execute them. Article 16 A financial institution shall immediately pay the return deposit to the contractor. If the loan is overdue, interest shall be calculated and paid according to the bank's loan interest rate for the same period from the date of overdue, and it shall be liable for breach of contract. Article 17 If it is confirmed that the original contractor is dissolved or revoked, the deposit shall be punished in accordance with the relevant provisions on creditor's rights and debts. To sum up, projects in Liaoning Province are generally managed by local governments, rather than rising to the national level. If local governments want to supervise the safety and quality of projects according to local actual conditions, they must first have a reasonable legal basis, that is, interim measures, which will directly become the obligations that all engineering companies must fulfill.