Safe and civilized construction protocol
aFang (Builders
Unified Social Credit**:
Address: *BFang (Contractor
Unified Social Credit**:
Address: *In accordance with the provisions of the Civil Code of the People's Republic of China and relevant laws and regulations, both parties A and B have reached this agreement on matters related to construction safety and project quality on the basis of equality, voluntariness and consensus
First, the general situation of the project
1. Project Name:
2. Project location:
3. Construction time:
2. Rights and responsibilities of both parties
1. Party B guarantees that it has the qualification to undertake Party A's construction project, the construction team personnel assigned by Party B have the corresponding professional construction conditions and level, and the relevant qualification certification materials required by Party B to Party A for the contracted project shall be true, legal and valid. Party B must comply with the laws, regulations and safety regulations related to construction during the construction process, establish a complete safety construction responsibility system, and improve the safety construction conditions.
2. Before the start of the project, Party B must carry out safety education and training for all construction personnel, and make safety technical disclosure to the construction personnel, so that all construction personnel can master the characteristics of the project and construction safety measures. Party B's construction personnel must conduct safety education and skill tests before taking up their posts, and report to Party A for the record. If Party B needs to change the type of work, add or transfer personnel, it shall be implemented in accordance with the above provisions.
3. Party B shall employ labor in accordance with the provisions of the Labor Law of the People's Republic of China and other laws and regulations, and shall not use juvenile workers and personnel with occupational taboos to carry out construction operations. Party B shall arrange all the identity information of the construction personnel to be submitted to Party A for the record on the day before the commencement of construction, and Party B shall not replace the construction personnel who have submitted the record at will during the construction process, and shall not impersonate. If additional and deployed personnel are required due to construction, Party B shall re-submit it to Party A for registration within the same day. If Party B fails to file on time, fails to submit all the identity information of the construction personnel to Party A for the record, submits the false identity information of the construction personnel, or supplements or deploys the personnel to re-register within the aforesaid time limit, Party A has the right to cancel Party B's construction right and find another construction unit to cooperate.
4. Party B shall be responsible for the management of the work of the construction personnel assigned by Party B. The personnel involved in the construction must abide by the safety production discipline, wear the work card (card), and be equipped with qualified labor protection equipment and safety equipment to enter the construction site. Party B must purchase personal accident insurance for construction personnel in accordance with national regulations, and Party B shall submit to the insurance company for compensation in accordance with the relevant regulations and the amount of compensation for accidents and personal accidents in the construction process, and Party A shall not be liable for compensation.
Party B shall pay the labor remuneration and various subsidies of the construction personnel in full and on time. All responsibilities and expenses incurred in the labor dispute between Party B and the construction personnel shall be borne by Party B and have nothing to do with Party A.
If Party A is liable for compensation due to personal accidents that occur during the construction of Party B or labor disputes between Party B and its personnel, Party A has the right to recover from Party B.
5. Party B is responsible for the safety technical measures taken in the construction site, the status of the staff and the safety responsibilities in the construction. In the dangerous area, Party A shall make a comprehensive safety technology and civilized construction disclosure to the person in charge of the project of Party B before the start of construction. Party B shall formulate a construction plan within a few days before the start of construction, clarify the "three measures" (organizational measures, safety measures, and technical measures), and the construction can only be carried out after being approved by the competent authority of Party A's engineering project, technology and safety department.
6. Party B shall provide Party A with its own factory instructions for the construction of machinery and equipment, safety technology testing certificates and other technical documents, and Party A has the right to inspect Party B's own or leased machinery and equipment, power tools, temporary electrical facilities and personal protective equipment before construction.
Party B shall carefully inspect the environment, operating equipment and tools of the construction site before each start of construction to ensure that it meets the safety regulations and does not exceed the inspection cycle. If hidden dangers are found, the construction should be stopped immediately, and the rectification should be implemented and Party A should be notified for inspection before the construction can be continued. Party B guarantees that all kinds of equipment and tools used during the construction period should meet the construction requirements, and the equipment whose performance does not meet the safety requirements and cannot be repaired must be removed from the construction site for replacement.
Party B shall set up safety protection facilities, fences, warning signs, etc. at the corresponding position on the construction site, and shall not remove or change them without authorization once the position is fixed. If Party B fails to set up obvious safety signs and take safety measures to cause damage to Party A's personnel or a third party, Party B shall be liable for compensation.
7. For Party B's construction site, Party A has the right to inspect and put forward rectification suggestions from time to time. Party B shall consciously obey the supervision and guidance of Party A, and must report to Party A immediately if there is a safety accident or situation that may endanger Party A's production during the construction process. Party A has the right to issue a rectification notice to order Party B to correct the behavior of Party B's personnel in violation of production, fire protection, transportation, public security and other laws and regulations and Party A's relevant safety production and project management rules and regulations during the construction process, and Party B shall immediately rectify it. In case of safety liability accidents such as physical accidents, Party B is responsible for the aftermath and economic compensation.
8. If the quality of Party B's project does not meet the technical requirements of design safety and the quality is unqualified, Party A may require Party B to stop work or rework, and the rework cost shall be borne by Party B, and Party B shall be responsible for compensation for all material waste and economic losses caused thereby, and the construction period shall not be extended.
9. Party B must strictly control the construction scope of the project. If it is agreed that Party B shall undertake the construction of the project, Party B shall not subcontract or subcontract to a third party for construction, otherwise Party A shall have the right to immediately request Party B to stop work, not to pay Party B's construction costs, and shall have the right to find another construction party to cooperate.
3. Disputes arising from the performance of this Agreement may be settled through negotiation. If the negotiation fails, either party may file a lawsuit with the people's court where the project is located.
5. For matters not covered herein, both parties may negotiate and sign a supplementary agreement. In the event of any inconsistency between the supplementary agreement and this contract, the written supplementary agreement shall prevail after negotiation between the two parties.
6. This agreement, as an annex to the construction contract signed by both parties, has the same legal effect as the construction contract.
7. This Agreement shall be executed in duplicate by each of the two parties, and shall come into force after being stamped and signed by the legal representatives or authorized representatives of both parties.
There is no text below).
Party A (sealed):
Legal Representative (Signature):
Date: Party B (stamped):
Legal Representative (Signature):
Date: