There are many knowledge points examined in the subject of "Engineering Regulations" of the second-level constructor, and today we will bring you the definition of electronic bidding and bidding, subcontracting, illegal subcontracting and affiliation, bidders colluding with each other, civil litigation service, the basis for the production of construction project debts, the validity of labor contracts and other corresponding examination questions, and candidates preparing for the exam need to conduct relevant training in a timely manner.
1. [Multiple choice question] Regarding the statement on the validity of the labor contract, the correct one is ( ).
a.If there is a change in the investor of the employer, the original labor contract shall continue to be valid.
b.If there is a clause that exempts the employer from its statutory liability and excludes the rights of the employee, the labor contract shall be invalid.
c.In the event of a merger or division, the employer must sign a new labor contract with the employee.
d.If the time of signature or seal of the two parties to the labor contract is inconsistent, the earlier time shall be the effective time of the labor contract.
If you want to succeed in the second-level constructor exam, you also need to carry out the corresponding exercise training, and it is very necessary to use the question bank for subject and special training
Correct Answer: a
Answer analysis: A is correct. The change of the employer's name, legal representative, main person in charge, and address does not affect the performance of the labor contract. b error. For a partially invalid employment contract, as long as it does not affect the validity of the other parts, the other parts are still valid. c error. In the event of a merger or division of the employer, the labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations. d error. If the time of signature or seal of both parties is inconsistent, the time of signature or seal of the last party shall prevail;If one party does not write the time of signing, the time of signature specified by the other party is the time when the contract takes effect.
2. [Multiple choice question] The basis for the creation of debt is ( ).
a.Contract. b.Tort.
c.Unjust enrichment.
d.Causeless management.
e.Pay the price.
Correct answers: a, b, c, d
Answer analysis: The basis for the occurrence of construction project debts is contract, tort, management without cause and unjust enrichment.
3. [Multiple choice question] On September 15, 2016, the first merchant of material A and the first merchant of material C entered into a written contract to transfer the creditor's rights of 300,000 yuan from A to the construction enterprise B. On September 25 of the same year, B received a notice from A regarding the assignment of creditor's rights. With regard to the assignment of the claim, it is correct ( ).
a.The contract for the assignment of creditor's rights between A and C came into effect on September 25.
b.C can claim $300,000 from B on September 15.
c.If B refuses to repay the debt of 300,000 yuan, C may require A and B to bear joint and several liability.
d.The assignment of the creditor's rights between A and C became effective against B on 25 September.
Correct answer: d
Answer analysis: ab is false, d is correct. The contract for the assignment of creditor's rights signed between A and C shall take effect from the date of signature and seal. However, the assignment of creditor's rights between A and C shall take effect when the notice of assignment of creditor's rights reaches B (debtor). Therefore, C can commence asserting against B on 25 September instead of 15 September. c error. When the debtor receives notice of the transfer of rights, the transfer of rights becomes effective, and the original creditor is replaced by a new creditor, or the addition of a new creditor makes the original creditor no longer fully enjoy the original creditor's rights. Therefore, A and B are not jointly and severally liable to C.
4. [Multiple choice questions] In the following situations of unfair competition by bidders, it is deemed that bidders collude with each other in bidding ( ).
a.The bidders agree on the winning bidder.
b.The bidding documents of different bidders are mixed with each other.
c.The bid deposits of different bidders are transferred from the account of the same unit.
d.Different bidders entrust the same unit to handle bidding matters.
e.The bidding of different bidders is regularly different.
Correct answers: b, c, d, e
Answer analysis: The "Regulations for the Implementation of the Tendering and Bidding Law" stipulates that bidders are prohibited from colluding with each other in bidding. In any of the following circumstances, it shall be deemed that the bidders collude with each other in bidding: (1) the bidding documents of different bidders are prepared by the same unit or individual;(2) Different bidders entrust the same unit or individual to handle bidding matters;(3) The project management members specified in the bidding documents of different bidders are the same person;(4) The bidding documents of different bidders are abnormally consistent or the bidding ** is regularly different;(5) The bidding documents of different bidders are mixed with each other;(6) The bid deposits of different bidders are transferred from the accounts of the same unit or individual.
5. [Multiple choice question] The ownership of the underground cultural relics found at the construction site belongs to ( ).
a.Construction enterprises.
b.Country. c.Construction.
d.The owner of the right to use construction land.
Correct answer: B
Answer analysis: All cultural relics remaining in the ground, internal waters and territorial waters within the territory of the People's Republic of China belong to the state. The ownership of state-owned cultural relics is protected by law and brooks no infringement.
6. [Multiple choice questions] According to the "Administrative Measures for the Identification and Punishment of Illegal Acts of Construction Contracting and Contracting", it is a legal subcontract
a.With the approval of the construction unit, the construction enterprise subcontracts part of the project contracted by it to an individual.
b.The construction enterprise subcontracts the project to an enterprise that has not applied for a safety production license.
c.The general contractor of the construction will subcontract the steel structure project to the enterprise with the corresponding qualifications.
d.Professional subcontracting enterprises subcontract the labor operations in the professional projects they contract.
e.The labor subcontracting enterprise subcontracts the labor services it has contracted.
Correct answer: c, d
Answer analysis: The knowledge points examined in this question are the definition of illegal subcontracting and affiliation, and if there is one of the following circumstances, it is illegal subcontracting: (1) The contractor subcontracts the project contracted by it to an individual;(2) The general contractor or professional contractor subcontracts the project to a unit that does not have the corresponding qualifications(3) The general contractor subcontracts the construction of the main structure of the project within the scope of the general construction contract to other units, except for the steel structure project;(4) The professional subcontractor subcontracts the non-labor operation part of the professional project contracted by the professional subcontractor;(5) The professional operation contractor subcontracts the labor services it has contracted;(6) In addition to the cost of labor operations, the professional operation contractor also calculates the main construction materials, large and medium-sized construction machinery and equipment, and the main turnover materials.
7. [Multiple choice question] Regarding the statement of electronic bidding and bidding, the correct one is ( ).
a.Bidders shall not supplement, modify or withdraw the bid documents before the deadline for bidding.
b.If the bidder does not complete the transmission of the bidding documents before the bidding deadline, it shall be deemed to have revoked the bidding documents.
c.The bidder shall not refuse to accept the bidding documents delivered after the bidding deadline.
d.The bidder shall complete the transmission and submission of the bidding documents before the bidding deadline.
Correct answer: d
Answer analysis: A is false, D is correct. The bidder shall complete the transmission and submission of the bidding documents before the bidding deadline, and may supplement, modify or withdraw the bidding documents. b error. If the transmission of bidding documents is not completed before the deadline for bidding, it shall be deemed to have withdrawn the bidding documents. Rather than revoke. c error. The bidding documents delivered after the bidding deadline shall be rejected by the electronic bidding and bidding trading platform.
8. [Multiple choice questions] Regarding the statement of labor dispatch, the correct ones are ( ).
a.The employer may re-dispatch the dispatched worker to another employer with which the employee has signed a contract.
b.To operate a labor dispatch business, it is necessary to apply for an administrative license and go through the registration of the company.
c.In addition to the pre-job training fee, the labor dispatch unit shall not collect any more fees from the dispatched workers.
d.Labor dispatch employment can only be carried out in temporary, auxiliary or substitute positions.
e.Labor dispatch separates the employment and use of workers.
Correct answers: b, d, e
Answer analysis: A is false, the employer shall not re-dispatch the dispatched worker to another employer. b. Correct, to operate labor dispatch business, you should apply to the labor administrative department for an administrative license in accordance with the law;If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business. c. False, the labor dispatch entity shall inform the dispatched worker of the content of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement. Labor dispatch units and employing units shall not collect fees from dispatched workers. D. Correct, labor dispatch is a supplementary form and can only be implemented in temporary, auxiliary or substitute positions. Correctly, the distinguishing feature of labor dispatch is the separation of employment and employment of workers.
9. [Multiple choice question] Substitute performance is one of the compulsory enforcement methods of administrative organs, and the correct statement about substitute performance is ( ).
a.Administrative organs can only entrust a third party to perform on their behalf.
b.Personal obligations do not apply to the performance of the substitute duties.
c.The application of substitute performance has nothing to do with the consequences of non-performance.
d.After the commencement of the substitute performance procedure, the performance of the parties does not lead to the cessation of the substitute performance.
Correct answer: B
Answer analysis: Where an administrative organ makes an administrative decision in accordance with the law requiring the parties to perform obligations such as removing obstructions and restoring the original state, and the parties fail to perform within the time limit, and still do not perform after being reminded, and the consequences have or will endanger traffic safety, cause environmental pollution, or destroy natural resources, the administrative organ may perform on its behalf, or entrust a third party with no interest to perform on its behalf. The following provisions shall be complied with in the performance on behalf of the party, and the decision shall indicate the name and address of the parties, the reason and basis, method and time, subject matter, cost budget, and the person performing on behalf of the party;3 days before the performance on behalf of the party, the party is urged to perform, and if the party performs, the performance on behalf of the party shall be stopped;When performing on behalf of others, the administrative organ that made the decision shall appoint personnel to be present to supervise;After the performance is completed, the administrative organ's staff present to supervise the performance, the performing agent, and the parties or witnesses shall sign or affix a seal to the enforcement document. Violence, coercion and other illegal means shall not be used for proxy performance.
10. [Multiple Choice] Regarding the statement about the service of civil litigation, the correct one is ( ).
a.The date on which the litigation documents are sent is the date of service.
b.The service of litigation documents must be accompanied by proof of service.
c.Where the person to be served is imprisoned, service shall be announced by public announcement.
d.Where there is difficulty in directly serving litigation documents, service shall be announced by public announcement.
Correct answer: B
Answer analysis: A is wrong, B is correct, the service of litigation documents must have a certificate of service, and the recipient shall indicate the date of receipt on the certificate of service, sign or seal. The date of receipt signed by the recipient on the receipt of service is the date of delivery. c. If the person to be served is imprisoned, it shall be transferred through the prison where he is located. d. Where there is an error, and it is difficult to directly serve litigation documents, another people's court may be entrusted to serve them on their behalf, or service may be made by mail.
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