Regulations on the Administration of Seismic Resilience for Construction Projects (Draft for Comment)
Chapter I: General Provisions
Article 1 These Regulations are formulated in accordance with laws such as the *Construction Law of the People's Republic of China* and the *Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters* to enhance the seismic resilience of construction projects, reduce the risk of earthquake disasters, and safeguard the safety of people's lives and property.
Article 2 These Regulations apply to activities—and the supervision and administration thereof—related to the seismic resilience of construction projects within the territory of the People's Republic of China, including geotechnical investigation, design, construction, safety assessment, reinforcement, and maintenance.
Article 3 Entities and relevant personnel involved in construction, geotechnical investigation, design, construction, project supervision, the manufacture of seismic isolation and energy dissipation devices, project quality testing, and seismic performance assessment shall be responsible for the seismic resilience of construction projects in accordance with the law.
Article 4 Seismic resilience work for construction projects shall adhere to the principles of putting people first, ensuring comprehensive protection, and prioritizing key areas.
Article 5 Relevant departments of the State Council—including those responsible for housing and urban-rural development, transportation, water resources, industry and information technology, and energy—shall, within their respective scopes of responsibility, supervise and administer seismic resilience work for construction projects under their purview, such as building and municipal infrastructure, transportation, water conservancy, telecommunications, and energy facilities.
Departments responsible for housing and urban-rural development, transportation, water resources, telecommunications, and energy at or above the county level shall, within their respective scopes of responsibility, supervise and administer seismic resilience work for construction projects within their administrative regions, such as building and municipal infrastructure, transportation, water conservancy, telecommunications, and energy facilities.
Other relevant departments of people's governments at or above the county level shall carry out work related to the seismic resilience of construction projects within their respective scopes of responsibility, in accordance with these Regulations and other relevant laws and regulations.
Article 6 The State encourages and supports the research, development, and application of technologies for the seismic resilience of construction projects.
People's governments at all levels shall organize the dissemination of knowledge regarding the seismic resilience of construction projects to raise public awareness of earthquake disaster prevention and mitigation.
Article 7 The State establishes systems for the survey, statistics, and monitoring of the seismic resilience of construction projects.
People's governments at or above the county level shall organize relevant departments to conduct surveys, compile statistics, and carry out monitoring regarding the seismic performance of construction projects, the application of seismic technologies, and industrial development. Chapter II: Surveying, Design, and Construction
Article 8 Construction projects shall avoid hazardous areas identified in special plans for seismic disaster prevention and mitigation. Where it is truly impossible to avoid such areas, seismic measures that meet functional requirements and withstand the destructive effects of earthquakes shall be adopted.
Article 9 Newly built, expanded, or renovated construction projects shall comply with mandatory standards for seismic fortification.
Article 10 The construction entity shall be responsible for the entire process of surveying, design, and construction of the project; it shall explicitly specify the applicable mandatory seismic fortification standards in the surveying, design, and construction contracts, verify the deliverables of the surveying and design work in accordance with contract requirements, organize project acceptance inspections, and ensure that the construction project complies with mandatory seismic fortification standards.
The construction entity shall not explicitly or implicitly instruct surveying, design, or construction entities or their personnel to violate mandatory seismic fortification standards or to compromise the seismic performance of the project.
Article 11 Surveying documents for construction projects shall specify the seismic site category, analyze the potential destructive effects of earthquakes on the site, and provide recommendations regarding site selection and the treatment of adverse geological conditions.
Design documents for construction projects shall specify the seismic fortification intensity, the seismic fortification category, and the seismic measures adopted. For construction projects utilizing seismic isolation or energy dissipation technologies, the design documents shall set forth clear requirements regarding the technical performance, inspection and testing, construction and installation, and operation and maintenance of the seismic isolation or energy dissipation devices.
Article 12 For the following construction projects located in areas with high seismic fortification intensity or in key seismic monitoring and defense zones, the design entity shall include a dedicated section on seismic fortification as part of the design documents during the preliminary design stage:
(1) Major construction projects;
(2) Projects that could trigger severe secondary disasters in the event of an earthquake;
(3) Projects whose operational functions cannot be interrupted or must be restored as quickly as possible in the event of an earthquake. Article 13 For high-rise building projects that exceed prescribed limits, the design entity shall include a statement to this effect in the design documents, and the construction entity shall submit the design documents to the competent department of housing and urban-rural development of the people's government of the province, autonomous region, or municipality directly under the Central Government for approval of seismic fortification measures during the preliminary design stage. Specific measures shall be formulated by the competent department of housing and urban-rural development under the State Council.
The design entity shall conduct construction drawing design in accordance with the approval opinions regarding seismic fortification measures for such high-rise building projects.
Article 14 General contractors, construction entities, and project supervision entities shall strengthen the management of construction quality regarding seismic measures for construction projects to ensure that quality responsibility is traceable.
The State encourages general contractors and construction entities to use information technology to collect and retain information on the construction quality of concealed works.
Article 15 Public buildings such as schools, kindergartens, hospitals, elderly care institutions, emergency command centers, and emergency shelters shall adopt seismic measures that meet requirements higher than those for ordinary buildings.
Newly built public buildings—such as schools, kindergartens, hospitals, elderly care institutions, emergency command centers, and emergency shelters—located in areas with high seismic fortification intensity or key seismic monitoring and defense zones shall adopt seismic isolation and energy dissipation technologies to ensure that the buildings do not lose their functionality during an earthquake of the design intensity for the region.
The State encourages the application of seismic isolation and energy dissipation technologies in prefabricated buildings to enhance seismic performance.
Article 16 The State shall strengthen the formulation of technical standards for seismic isolation and energy dissipation devices.
Enterprises that manufacture or deal in seismic isolation and energy dissipation devices shall establish a quality information management system to collect and store information regarding the production, sales, and testing of such devices, ensuring that quality information is traceable. The quality of seismic isolation and energy dissipation devices shall comply with the provisions of relevant laws and regulations on product quality.
Article 17 Before seismic isolation and energy dissipation devices are used in a construction project, the construction entity shall take samples under the supervision of the construction entity or the project supervision entity and submit them for testing to a qualified construction quality testing agency commissioned by the construction entity. Where a general contracting system is implemented for construction, the installation of seismic isolation and energy dissipation devices—as part of the construction of the main structure—shall be carried out by the general contractor itself. The use of substandard seismic isolation or energy dissipation devices is prohibited.
Engineering quality testing agencies shall be responsible for the authenticity and accuracy of the testing data and reports regarding seismic isolation and energy dissipation devices; they shall not issue false testing data or reports.
Article 18 The construction entity shall record specific details—such as the building’s design service life, structural system, and seismic performance—as well as requirements for use and maintenance, in the user manual, and shall deliver said manual to the user or purchaser.
Article 19 Where a housing purchaser or lessee inquires with relevant archives management agencies, construction entities, or other parties regarding the building’s design service life, structural system, seismic performance, seismic reinforcement, or the demolition or alteration of the main structure and components, the seller, lessor, or other relevant parties shall provide cooperation.
Chapter III Assessment, Reinforcement, and Maintenance
Article 20 The State implements a system for assessing the seismic performance of construction projects.
For construction projects required by law to undergo seismic performance assessment, the owner shall commission an agency possessing the corresponding technical qualifications and capabilities to conduct the assessment.
The State encourages seismic performance assessment for existing construction projects not covered by the preceding paragraph that have not adopted seismic fortification measures or do not meet mandatory seismic fortification standards.
Article 21 The results of the seismic performance assessment shall determine whether the construction project poses serious seismic safety hazards and whether seismic reinforcement is required.
The results of the seismic performance assessment shall be authentic, objective, and accurate.
Article 22 The owner of a construction project shall conduct safety monitoring for any project found to have serious seismic safety hazards and shall take measures—such as suspending or restricting use—prior to reinforcement.
For existing construction projects determined by the seismic performance assessment to require seismic reinforcement and to be worth reinforcing, the owner shall carry out such seismic reinforcement. When conducting seismic retrofitting for existing public buildings—such as schools, kindergartens, hospitals, elderly care facilities, emergency command centers, and emergency shelters—located in areas with high seismic fortification requirements or key seismic monitoring and defense zones, seismic isolation and energy dissipation technologies shall be adopted.
Article 23 Seismic retrofitting shall be carried out in accordance with regulations such as the *Regulations on the Administration of Construction Project Quality* and must comply with mandatory standards for seismic fortification.
Upon passing the completion acceptance inspection, information such as the date of seismic retrofitting and the remaining service life shall be publicized through digital means or by installing permanent signage in a prominent location on the project.
Article 24 The owner of a construction project shall inspect, repair, and maintain the project's seismic components, seismic isolation trenches, seismic isolation joints, seismic isolation and energy dissipation devices, and related signage in accordance with regulations, and shall promptly eliminate any safety hazards.
No entity or individual shall alter, damage, or remove the seismic components, seismic isolation trenches, seismic isolation joints, seismic isolation and energy dissipation devices, or related signage of a construction project without authorization.
Any entity or individual that discovers unauthorized alteration, damage, or removal of the seismic components, seismic isolation trenches, seismic isolation joints, seismic isolation and energy dissipation devices, or related signage of a construction project has the right to stop such actions and report them to the competent department for housing and urban-rural development or other relevant supervisory and regulatory departments.
Chapter IV Seismic Fortification for Rural Construction Projects
Article 25 People's governments at all levels and relevant departments shall strengthen the management of seismic fortification for rural construction projects and improve the seismic performance of such projects.
Article 26 People's governments at or above the county level shall raise funds from multiple sources to support the seismic retrofitting of rural residential houses and rural public facility construction projects that fail to meet mandatory seismic fortification standards upon seismic performance assessment.
Article 27 Local people's governments at or above the county level shall compile and distribute practical technical manuals on seismic fortification. For the construction of rural residential housing, standardized atlases of seismic-resistant technologies may be utilized, or a design entity may be commissioned to prepare the design; construction must then be carried out in accordance with the requirements of the chosen atlas or design.
Article 28 Local people's governments at or above the county level shall strengthen guidance and services regarding seismic resistance in the construction of rural residential housing and rural public facilities; enhance technical training; organize the construction of seismic-resistant demonstration housing; and promote the application of structural forms and construction methods that offer good seismic performance.
Article 29 Projects involving the renovation of dilapidated rural housing, relocation for poverty alleviation, relocation of displaced populations, post-disaster recovery and reconstruction, and the like, must ensure that the construction works meet mandatory standards for seismic fortification.
Chapter V Guarantees and Support
Article 30 People's governments at or above the county level shall strengthen organizational leadership over the management of seismic resistance in construction projects, establish management mechanisms for this purpose, and incorporate relevant work into their respective plans for national economic and social development.
People's governments at or above the county level shall include the funding required for seismic-resistant construction work in their respective budgets.
Article 31 People's governments of municipalities directly under the Central Government, cities, and counties shall formulate and implement plans to renovate older buildings that lack seismic fortification measures or fail to meet mandatory seismic fortification standards, and shall provide policy support for such efforts.
The State encourages owners of construction projects to carry out seismic reinforcement in conjunction with projects such as elevator installation and energy-efficiency retrofitting, thereby improving the seismic performance of older buildings.
Article 32 The State encourages financial institutions to develop and provide financial products and services that enhance the seismic resilience of construction projects and support the development of industries and the application of new technologies related to seismic resistance in construction.
Local people's governments at or above the county level shall, in accordance with the law, utilize methods such as public-private partnerships (PPP) and equity investment funds to guide social entities in participating in seismic performance assessments and seismic reinforcement projects.
Article 33 The State encourages research and educational institutions to establish laboratories for seismic-resistant construction technologies and practical training bases for personnel, in accordance with the law.
People's governments at or above the county level shall provide policy support—such as land use and financing—for projects involving the industrialization of new seismic-resistant technologies for construction, in accordance with the law. Article 34 The competent department for housing and urban-rural development or other relevant supervisory and administrative departments of the people's government at or above the county level shall formulate a catalogue for the promotion of new seismic technologies for construction projects and strengthen the training of management and technical personnel involved in seismic safety for construction projects.
Article 35 Following an earthquake, the competent department for housing and urban-rural development or other relevant supervisory and administrative departments of the people's government at or above the county level shall conduct emergency safety assessments and investigations into earthquake damage regarding construction projects, and collect and preserve relevant data.
Chapter VI Supervision and Administration
Article 36 When performing their duties regarding the supervision and administration of seismic safety for construction projects, the competent department for housing and urban-rural development or other relevant supervisory and administrative departments of the people's government at or above the county level shall have the authority to take the following measures:
(1) conducting inspections of construction projects or construction sites;
(2) making inquiries to relevant personnel to understand the situation;
(3) examining and making copies of documents and materials related to seismic safety for construction projects held by the entities under inspection;
(4) conducting sampling tests on seismic structural materials, components, and seismic isolation or energy-dissipation devices;
(5) sealing off construction sites suspected of violating mandatory seismic fortification standards; and
(6) ordering relevant entities to conduct necessary testing and appraisal upon discovering issues that may affect seismic safety quality.
Article 37 When conducting inspections, the competent department for housing and urban-rural development or other relevant supervisory and administrative departments of the people's government at or above the county level shall randomly select the entities to be inspected and randomly assign law enforcement inspectors; where necessary, they may commission professional institutions to provide technical support, such as sampling tests and seismic performance appraisals.
Article 38 The competent department for housing and urban-rural development or other relevant supervisory and administrative departments of the people's government at or above the county level shall establish credit records for enterprises and practitioners responsible for seismic safety in construction projects, record any violations of these Regulations in said credit records, and incorporate such information into the national credit information sharing platform.
Information concerning relevant enterprises and practitioners—including administrative licenses, administrative penalties, adverse credit records, and inspection results—shall be disclosed to the public in accordance with the law through the relevant national credit information publicity systems. Chapter VII Legal Liability
Article 39 Where, in violation of the provisions of these Regulations, staff members of competent departments for housing and urban-rural development or other relevant supervisory and administrative departments neglect their duties, abuse their powers, or engage in malpractice for personal gain during supervision and administration, they shall be subject to disciplinary sanctions in accordance with the law.
Article 40 Where, in violation of the provisions of these Regulations, a construction entity commences construction without applying for approval for seismic fortification measures for a high-rise building project exceeding seismic design limits as required, it shall be ordered to stop construction and rectify the situation within a specified time limit, and shall be fined not less than RMB 200,000 but not more than RMB 1,000,000.
Where, in violation of the provisions of these Regulations, a construction entity explicitly or implicitly requires entities or personnel involved in surveying, design, or construction to violate mandatory standards for seismic fortification, thereby reducing the seismic performance of the project, it shall be ordered to rectify the situation and fined not less than RMB 200,000 but not more than RMB 500,000.
Article 41 Where, in violation of the provisions of these Regulations, a design entity commits any of the following acts, it shall be ordered to rectify the situation and fined not less than RMB 100,000 but not more than RMB 300,000; if the circumstances are serious, it shall be ordered to suspend business for rectification, have its qualification grade downgraded, or have its qualification certificate revoked; if losses are caused, it shall bear liability for compensation in accordance with the law:
(1) failing to conduct construction drawing design in accordance with the approval opinions regarding seismic fortification for high-rise building projects exceeding seismic design limits;
(2) failing to include a dedicated section on seismic fortification for the construction project as part of the design documents during the preliminary design stage;
(3) failing to conduct construction drawing design in accordance with mandatory standards for seismic fortification.
Article 42 Where, in violation of the provisions of these Regulations, a construction entity fails to carry out construction in accordance with mandatory standards for seismic fortification, it shall be ordered to rectify the situation and fined not less than 2% but not more than 4% of the construction contract price; if the construction project fails to meet mandatory standards for seismic fortification as a result, the entity shall be responsible for reworking or reinforcement and for compensating for any losses caused thereby; if the circumstances are serious, it shall be ordered to suspend business for rectification, have its qualification grade downgraded, or have its qualification certificate revoked.
Article 43 Where, in violation of the provisions of these Regulations, isolation or energy-dissipation devices are not sampled and submitted for inspection, or substandard isolation or energy-dissipation devices are used, the violator shall be ordered to rectify the situation and fined not less than RMB 100,000 but not more than RMB 200,000. In serious cases, the violator shall be ordered to suspend business for rectification, have its qualification grade downgraded, or have its qualification certificate revoked; if losses are caused, liability for compensation shall be borne in accordance with the law.
Article 44 Where, in violation of the provisions of these Regulations, seismic components, isolation trenches, isolation joints, isolation or energy-dissipation devices, or related markings of a construction project are altered, damaged, or removed without authorization, the violator shall be ordered to cease the illegal act and restore the items to their original state or take other remedial measures. Individuals shall be fined not less than RMB 50,000 but not more than RMB 100,000, and entities shall be fined not less than RMB 100,000 but not more than RMB 300,000; if losses are caused, liability for compensation shall be borne in accordance with the law.
Article 45 Where, in violation of the provisions of these Regulations, an entity responsible for seismic performance assessment fails to conduct the assessment in accordance with mandatory seismic fortification standards or issues false assessment results, it shall be ordered to rectify the situation and fined not less than RMB 100,000 but not more than RMB 300,000. In serious cases, the entity shall be ordered to suspend business for rectification and fined not less than RMB 300,000 but not more than RMB 500,000; if losses are caused, liability for compensation shall be borne in accordance with the law.
Article 46 Where a fine is imposed on an entity in accordance with the provisions of these Regulations, the person in charge directly responsible and other persons directly liable within the entity shall be fined an amount equal to not less than 5% but not more than 10% of the fine imposed on the entity.
Administrative penalties involving an order to suspend business for rectification, the downgrading of qualification grades, or the revocation of qualification certificates as prescribed in these Regulations shall be decided by the authority that issued the qualification certificate; other administrative penalties shall be decided by departments such as housing and urban-rural development, transportation, water resources, communications, and energy, in accordance with their statutory powers.
Article 47 Where acts by entities involved in construction, surveying, design, construction, or project supervision violate the provisions of these Regulations, and administrative penalties are prescribed for such acts in the *Regulations on the Quality Management of Construction Projects*, the *Regulations on the Administration of Survey and Design of Construction Projects*, or other regulations, those provisions shall apply.
Article 48 Where an act in violation of the provisions of these Regulations constitutes a crime, criminal liability shall be pursued in accordance with the law. Chapter VIII Supplementary Provisions
Article 49 The meanings of the following terms used in these Regulations are:
(1) Construction projects whose operational functions cannot be interrupted or must be restored as quickly as possible in the event of an earthquake: refers to construction projects that provide emergency medical care, water supply, power supply, transportation, communication, or other support services, or serve functions related to emergency command and evacuation following an earthquake.
(2) Areas with high seismic fortification intensity: refers to areas where the seismic fortification intensity is Grade 8 or higher.
(3) High-rise building projects exceeding prescribed limits: refers to high-rise building projects that exceed the applicable height limits or structural type specifications stipulated in current national standards, as well as building projects with particularly irregular configurations.
Article 50 These Regulations do not apply to emergency rescue and disaster relief projects or other temporary construction projects.
Where the Central Military Commission has separate provisions regarding the seismic management of military construction projects, such provisions shall apply.
Article 51 These Regulations shall come into force on [Date].
