Recently, the Liaoning Provincial Department of Housing and Urban-Rural Development issued the "Liaoning Provincial Construction Engineering Quality Inspection Institutions Credit Evaluation Management Measures (Trial)", clarifying that the 8 situations in which the testing institutions are regarded as seriously untrustworthy behaviors are rated as C.
Liaoning Provincial Measures for the Management of Credit Evaluation of Construction Engineering Quality Inspection Institutions (Trial).Chapter I: General ProvisionsArticle 1: In order to accelerate the advancement of the establishment of a credit system for construction project quality inspection establishments (hereinafter referred to as "testing establishments"), to build a new type of credit-based oversight mechanism, and to optimize the business environment, on the basis of the "Guiding Opinions of the General Office on Accelerating the Establishment of the Social Credit System and Building a New Credit-based Regulatory Mechanism" (Guo Ban Fa 2019 No. 35), the "Measures for the Management of Construction Project Quality Inspection" (Ministry of Housing and Urban-Rural Development Order No. 57), and the "Qualification Standards for Construction Engineering Quality Inspection Institutions" (Jianqin Gui 2023 No. 1), the "Liaoning Provincial Social Credit Regulations" and other relevant provisions, combined with the actual conditions of our province, these measures are formulated. Article in our province engaged in construction project quality inspection activities of the testing institutions credit evaluation and supervision and management, these measures shall apply. The credit evaluation of testing establishments refers to the competent departments of housing and urban-rural development conducting a comprehensive assessment of the testing establishment's qualifications, reputation, testing conduct, and performance and trustworthiness on the basis of relevant state provisions. The term "testing agency" in these measures refers to the new construction, expansion, renovation of housing construction and municipal infrastructure engineering activities, commissioned in accordance with the relevant national laws, regulations and standards, the construction project involves structural safety, the main use of the function of the testing project, into the construction site of building materials, building accessories, equipment, and the quality of the engineering entity to test the institution. Article 3: The provincial department in charge of housing and urban-rural development is responsible for formulating uniform measures and standards for the management and evaluation of the credit evaluation of testing institutions throughout the province, organizing the implementation of the credit evaluation of testing establishments throughout the province, and summarizing and publishing credit assessment information. The municipal-level departments in charge of housing and urban-rural construction are responsible for the collection of credit assessment information for testing institutions within their respective administrative regions, supervise and guide the collection of credit assessment information for testing institutions in the counties (cities, districts) under their jurisdiction, and submit the credit assessment information to the provincial department in charge of housing and urban-rural construction after review. The competent departments for housing and urban-rural construction of counties (cities, districts) are to supervise the professional conduct of testing establishments in their jurisdictions, and are responsible for collecting, recording, and reporting the credit information of testing establishments. Article 4: Activities such as the collection, recording, release, and use of credit information, as well as the management and evaluation of credit information, shall follow the principles of legality, objectivity, and fairness, ensuring the veracity, accuracy, and timeliness of credit information, preserving the societal public interest, and preserving state secrets, commercial secrets, and personal privacy. Chapter II: Composition of Credit InformationArticle 5: Testing establishments' credit information is to be composed of basic credit information, good credit information, and negative credit information. Article 6: Basic credit information is the initial and dynamic information of testing establishments engaged in construction activities, mainly including: (1) the name of the testing establishment, uniform social credit**;2) The legal representative (authorized signatory), technical person in charge, and quality person in charge of the testing institution;(3) The address of each testing site of the testing institution, **4) The qualification category, testing items, and validity period of the testing institution;(5) The list of testing technicians, the professional titles of testing technicians, and the number and category of the professional qualification certificate of registered personnel;(6) Verification of the qualification of the testing institution and compliance with the market behavior inspection;(7) Information on the performance of testing institutions during the evaluation period;(8) Records of changes: including changes, contents, and time;(9) Information on contract performance and tax returns;(10) Other basic information. Article 7: Good credit information is information such as commendations (awards), patents obtained, standards compiled, and public interest activities received by testing establishments in the course of engineering construction activities, mainly including: (1) Receiving commendations or awards from administrative organs or mass organizations at the municipal level or above;(2) Patented technologies, scientific and technological achievements, and standards for compilation;(3) Helping earthquake relief, employment absorption, public welfare undertakings, etc.;(4) Other information that shall be assessed as good conduct in accordance with law.
Article 8: Negative credit information is an administrative punishment received by a testing establishment from the competent department for housing and urban-rural construction or relevant industry management departments, or received legal sanctions from a judicial organ, mainly including: (1) Receiving an administrative punishment for violating relevant laws, regulations, rules, or mandatory standards for project construction;(2) Bearing tort liability and receiving civil sanctions due to breach of contract, etc., by the ruling of the arbitration authority, the judgment of the people's court or the determination of the relevant authority;
3) Transferred to a judicial organ for handling as a suspected crime, or received a criminal sanction upon a judgment or ruling of a judicial organ;
4) The occurrence of quality and safety accidents;
5) Other illegal acts. Chapter III: Collection and Recording of Credit InformationArticle 9: The basic credit information of testing establishments is to be collected and recorded by the competent departments for housing and urban-rural construction at all levels through the construction project quality inspection and supervision information platform in the course of qualification licensing and regulatory verification;If it cannot be automatically obtained through the platform, the testing institution shall fill in the report through the platform, and collect and record it after being reviewed by the competent department of housing and urban-rural construction. Article 10: Principles for the collection of good credit information by testing establishments: (1) Commendation and reward decisions made by the competent departments for housing and urban-rural development are to be collected and recorded by the department that made the decision;If the testing institution takes the initiative to declare, it shall fill in the application through the engineering quality inspection and supervision information platform, upload the commendation and award decision and other supporting documents, and collect and record them after being reviewed and confirmed by the competent department of housing and urban-rural construction(B) other administrative departments to make commendation, reward decisions, or obtained patented technology, scientific and technological achievements, the preparation of standards, etc., by the testing institutions to the competent departments of housing and urban-rural construction, after verification to be collected, recorded;The departments in charge of housing and urban-rural development may actively collect and record information that may be obtained through credit information sharing mechanisms with relevant departments;(3) Testing establishments may actively declare their good credit information such as earthquake relief, employment absorption, and engagement in public interest online, submit relevant supporting materials, and collect and record them after being reviewed by the competent departments for housing and urban-rural development. Good credit information shall record the content of the information, the department that granted it, and the time. Testing establishments shall make a credit pledge on the veracity of the reported information. Article 11: Principles for the collection of negative credit information: (1) Administrative punishment or administrative disposition decisions made by the competent departments for housing and urban-rural development are to be collected and recorded by the department making the decision within 7 working days;(2) Administrative disposition decisions made by other administrative departments are to be collected and recorded within 7 working days of receipt of records or documents obtained by the competent departments for housing and urban-rural development through credit information sharing mechanisms with relevant departments, or on the basis of joint disciplinary action documents issued by relevant departments;(3) ** The competent department of housing and urban-rural construction or the administrative department of housing and urban-rural construction outside the province shall collect and record the bad behavior records made by the testing institutions registered or filed in our province by the provincial competent department of housing and urban-rural development after receiving a written notice, or after pushing relevant information on the credit information sharing platform;(4) Judgments and rulings made by judicial organs and arbitration institutions identifying illegal acts by testing institutions shall be collected and recorded by the competent department of housing and urban-rural development at the place where the testing institution is registered on the basis of the published judgments and rulings or the judicial organs' notices of assistance in enforcement;(E) the relevant stakeholders to the competent department of housing and urban-rural development to provide the relevant processing documents of the testing agency, requiring to be recorded in the record of bad information, by the competent department of housing and urban-rural construction to collect and record after verification in accordance with law. The content of negative credit information records shall include the administrative punishment or administrative handling organ, document number, content of the illegal conduct, the time when the decision was made, the document number and content of effective legal documents of the people's courts or arbitration bodies, and the effective time of the legal documents. Where administrative punishments or administrative disposition decisions, judicial judgments, or rulings are revoked, the credit information recording departments shall promptly revoke records of negative conduct. Article 12: Testing establishments shall be responsible for the veracity of the content of the credit information they provide. The collection and recording of good credit information and negative credit information shall be designated in accordance with the following standards: (1) Standards for designating good credit information: commendation and award documents, certificates of patented technology and scientific research achievements obtained, standards approved by the competent departments, and materials related to assistance in earthquake relief, employment absorption, and engagement in social welfare;(2) Standards for designating negative credit information: administrative punishment decision documents, circulars of criticism, and other administrative disposition documents, and court judgments or arbitral awards that have already taken effect. Article 13: The credit information of testing establishments is to be reviewed and verified by the municipal competent department for housing and urban-rural construction, and verified and confirmed by the provincial competent department for housing and urban-rural development, to form a credit file for the testing establishment. Article 14: Where testing establishments have objections to recorded credit information, they may submit a written application for verification to the information collection department with relevant supporting materials. The information collection department shall conduct a verification within 7 working days of receiving the application, and inform the applicant in writing of the results of the verification. Where upon verification there are errors in credit information records, they shall be immediately corrected. Chapter IV: Credit AssessmentsArticle 15: A quantitative scoring system is to be implemented for testing establishments' credit assessments, with credit scores = basic credit scores, good credit scores, and negative credit scores, and scoring is to be conducted on the basis of the testing establishment's credit assessment scoring standards. If the same project wins multiple awards, it will be calculated according to the highest score and will not be cumulative. Article 16: Testing establishments' credit ratings are divided into five levels, from high to low: AAA, AA, A, B, and C. The credit rating standards are to be implemented in accordance with the provisions of the credit evaluation scoring standards for construction project quality inspection institutions (see attached table), and the credit rating of the testing institutions is to be determined on the basis of the final evaluation scores. Article 17: In any of the following circumstances, testing establishments are to be viewed as seriously untrustworthy conduct, and their credit assessment is Level C: (1) Using false materials or using deceptive means to obtain qualifications;(B) the legal representative, the report approver, the technical person in charge of the construction project quality inspection activities for major violations of the criminal punishment;(3) Altering, forging, transferring, or lending qualification certificates, or subcontracting testing operations;(4) Testing establishments falsify testing data, issue false test reports or appraisal conclusions, or engage in testing activities beyond the scope of qualifications;(5) When reporting credit information, intentionally concealing relevant circumstances, providing false materials, or using improper means to impact the objectivity and truthfulness of assessment results;(F) the occurrence of larger or higher engineering quality and safety accidents, the testing institution has the main responsibility;(7) Being included in the list of judgment defaulters by the judicial organs;(8) Other seriously untrustworthy conduct provided for by laws, regulations, or rules. Where testing establishments outside the province exhibit the conduct described above, the provincial department in charge of housing and urban-rural development is to give feedback on their negative credit information to the provincial-level department in charge of housing and urban-rural construction at the place where the testing institution is registered. Article 18: Newly applied testing institutions and testing institutions outside the province that handled the submission of information on entry into Liaoning in the current year are to participate in credit appraisal for the first time and are to be managed according to Level A. Article 19: The credit appraisal of testing establishments is to be conducted by means of annual appraisals. Article 20: At the end of each year, the provincial department in charge of housing and urban-rural development shall organize a review of the credit information of testing institutions and then announce it on the official website of the provincial department in charge of housing and urban-rural development, and the publicity period is 5 working days. If there is no objection during the publicity period, the annual evaluation results shall be given, and the public shall be announced, and social supervision shall be accepted. Article 21: Where testing establishments have objections to the assessment results and assessment scores, they may submit a written appeal to the credit information record or review department during the display period, and submit relevant supporting materials. The supporting materials shall be signed by the legal representative of the testing institution and stamped with the official seal of the unit. The credit information recording or review departments are to verify, handle, and respond to the content of appeals, and correspondingly maintain or adjust credit assessment levels and comprehensive scores based on the verification results. Chapter V: Publication and Use of Credit InformationArticle 22: The results of credit appraisals are to be disclosed in the provincial department in charge of housing and urban-rural development. Information involving public safety, economic security, and social stability, as well as state secrets, commercial secrets, and personal privacy is not to be disclosed. Article 23: The period for the disclosure of credit information by testing establishments is: (1) Long-term disclosure of basic credit information;(2) The period for disclosure of good credit information is 3 years;(3) Period for disclosure of negative credit information: The shortest period for displaying ordinary untrustworthy conduct is 3 months, and the longest period for display is 1 year;The shortest period for displaying serious untrustworthy conduct is 6 months, and the longest period for displaying is 3 years. Where the longest period for display is complete, the display is to be stopped. Restoration of negative credit information is to be carried out in accordance with relevant national and provincial provisions. The time for calculating positive credit information bonus items and negative credit information deduction items is to be calculated in accordance with the time provided for in the preceding paragraph. Article 24: Relevant organs and units may lawfully use credit assessment results in market access, bidding and bidding, dynamic oversight and inspections, and merit awards. Article 25: On the basis of the results of credit assessments, carry out incentives for trustworthiness and punishments for untrustworthiness for testing establishments: (1) Implement incentive mechanisms for trustworthiness for testing establishments with AAA credit assessments: In the process of testing establishments' qualifications and licensing, implement facilitation measures such as green channels and tolerant acceptance;Priority will be given to recommending and participating in the awardsAdvertise and promote on credit ** or related**;Laws, regulations and other incentives provided by the state. (2) Testing establishments with a credit assessment level of AA may appropriately reduce the frequency of inspections when carrying out routine oversight. (3) Implement a general regulatory mechanism for testing establishments with a credit assessment of Level A;(4) Implement early warning mechanisms for testing establishments with a credit assessment of level B, increasing the proportion and frequency of spot checks. Chapter VI: Oversight and Management of Credit InformationArticle 26: On the basis of the testing establishment's record of untrustworthiness, all levels of competent department for housing and urban-rural construction are to include testing establishments with vile violations, serious circumstances, and greater social harm into the list of the untrustworthy, and implement strict regulatory measures corresponding to the degree of their untrustworthiness. Article 27: All levels of competent department for housing and urban-rural construction shall urge untrustworthy testing establishments to make corrections within a set period of time, and where corrections are not in place, follow the principle of "those who make the designation are to give a talk", and the departments for designating negative credit information are to initiate the procedures for giving a talk in accordance with law, urging the untrustworthy testing establishments to perform relevant obligations and eliminate negative impacts. The record of the interview is to be recorded in the credit record of the untrustworthy testing establishment. Where testing establishments refuse to perform on administrative punishment decisions or refuse to make corrections to illegal conduct, punishments are to be carried out in areas such as qualification permits and project bidding in accordance with law. Article 28: Industry associations are encouraged to establish member credit records, carry out credit pledges, credit training, creditworthiness publicity, creditworthiness initiatives, and so forth, making creditworthiness an important part of industry rules and agreements, and are entrusted by the competent departments for housing and urban-rural development to participate in credit appraisals of testing establishments, and guide testing establishments to strengthen their awareness of lawful and trustworthy operations. Article 29: Testing establishments do not charge fees for credit appraisals and credit restoration. Article 30: These Measures shall come into force on the date of promulgation. Click to view original articleSchedule
Information** Liaoning Provincial Department of Housing and Urban-Rural Development