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为了规范建筑工程施工承发包活动,保证工程质量和施工安全,有效遏制违法发包、转包、违法分包及挂靠等违法行为,维护建筑市场秩序和建设工程主要参与方的合法权益,住房和城乡建设部制定了《建筑工程施工转包违法分包等违法行为认定查处管理办法(试行)》(以下简称《办法》)。《办法》所称违法发包,是指建设单位将工程发包给不具有相应资质条件的单位或个人,或者肢解发包等违反法律法规规定的行为。《办法》所称转包,是指施工单位承包工程后,不履行合同约定的责任和义务,将其承包的
In order to standardize the activity of contracting and contracting construction of construction projects, ensure project quality and construction safety, effectively curb illegal activities such as illegal contracting, subcontracting, illegal subcontracting and illegal calling, safeguard the order of construction market and the legitimate rights and interests of major participants in construction projects, housing and urban The Ministry of Construction has formulated the Measures for the Administration of the Investigation and Management of Illegal Activities such as Contracts for Construction Construction Subprojects (Trial Implementation) (hereinafter referred to as the Measures). The term “illegal contract” as referred to in the Measures refers to the act in contravention of the provisions of laws and regulations by a construction entity contracting a project to a unit or individual that does not have the corresponding qualifications or dismembering a contract. Subcontracting as mentioned in the Measures means that after contracting projects, the construction unit fails to perform the obligations and obligations stipulated in the contract and contracts the contracted projects