Direct Investment Projects In The Central Budget Management

Original Language Title: 中央预算内直接投资项目管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398552.shtml

Direct investment projects in the central budget management

    (Released 7th January 29, 2014, the national development and Reform Commission, as of March 1, 2014) Chapter I General provisions

    First for direct investment projects and strengthening and further regulate the central budget management, improve the scientific and democratic decision-making mechanism of investment and improve investment efficiency, according to the decision of the State Council on reform of the investment system and the relevant laws and regulations, these measures are formulated.

Article central budget for investment projects in these measures (hereinafter referred to as direct investment projects or project), refers to the national development and Reform Commission to invest in the Central and central budget level (including Central Government departments and their agencies, the vertical management units and institutions) non-operating fixed-asset investment projects.

    The party strictly in accordance with the Party Central Committee and the State Council of office building construction project management. Third direct investment project approval system and approval of project proposals, feasibility studies and preliminary designs.

In special circumstances, significant project, require approval to start the report.

    Planning approved by the State Council, the State development and Reform Commission has made clear, previous work and achieve project proposal requirements, simple construction and investment in smaller projects, you can directly compiling feasibility study report, or combine the presentation of project proposals.

Fourth article application arrangements central budget investment 30 million Yuan and the above of project, and need across area, and across sector, and across field and manpower of project, by national development reform Board approval or by national development reform Board delegate Central about sector approval, which special major project by national development reform Board nuclear reported State approved; remaining project according to membership relationship, by central about sector approval Hou CC national development reform Board.

    In accordance with the provisions of competence and the procedure for approval of the project, the national development and Reform Commission in preparing annual plans integrating the central budget for investment. Fifth approved direct investment projects, General shall entrust a qualified engineering advice to project proposals, feasibility studies were evaluated.

    Special major project expert appraisal.

    Sixth direct investment projects in the feasibility study, preliminary design and investment budget for the preparation, approval and construction process, shall comply with the relevant standards and norms of the State.

Article development and Reform Commission and finance, urban planning, land resources, environmental protection, finance, regulatory, management and other departments to establish linkage mechanism, information sharing.

    Bills which do not relate to national security and State secrets, laws and regulations do not prohibit the public direct investment projects, approving authorities shall, in accordance with the relevant provisions of the disclosure of Government information, project approval, to the public.

    Chapter II project Eighth suitable areas of planning, national development and Reform Commission and the central departments concerned shall prepare a special plan.

    Approved planning permission pursuant to the provisions and procedures, is an important basis for decision-making.

    Nineth State development and Reform Commission, in conjunction with relevant departments to establish project repository as an important basis for decision-making and the annual plan of the project. Tenth project proposal project necessity, main building, the proposed location, scale and investment calculations, the proposed capital raising preliminary analysis as well as the social and economic benefits, and related documents.

Preparation of the project proposal format, content and depth shall meet the prescribed requirements.

    The national development and Reform Commission is responsible for approving projects, project proposals should be prepared by the corresponding qualification of grade a engineering consultation bodies. The 11th after the preparation of the project proposal is completed, consists of units in accordance with the prescribed procedures of the project submitted to the project examination and approval Department for approval.

Project examination and approval Department complies with the relevant regulations, it is necessary to build the project, approving project proposals and approval documents copied to the town and country planning, land resources, environmental protection and other sectors.

    Project examination and approval Department may be stated in the approval document of the project proposal approval documents validity period.

    12th project unit according to the project proposal approval documents, organizations to carry out feasibility studies, and in accordance with the provisions to urban and rural planning, land resources, environmental protection and other departments to apply for planning and site selection, land pre-trial, environmental impact assessment and approval procedures. 13th after the approved project proposal project approval departments shall, in accordance with the relevant provisions for public notification.

    The main observations and recommendations gathered during the public, as an important reference for preparing and approving feasibility study report. 14th after approval of the project proposal, project unit shall entrust a project feasibility study report prepared by advisory bodies, on the technical and economic feasibility of the project as well as social benefits, energy-saving and comprehensive utilization of resources and ecological environment influence social stability risk analysis, implementation of construction and operation conditions, and obtained in accordance with the relevant provisions of the relevant permits, review.

Presentation, content and depth of the feasibility study report shall meet the prescribed requirements.

    The national development and Reform Commission is responsible for approving projects, the feasibility study should be prepared by the corresponding qualification of grade a engineering consultation bodies.

15th project feasibility study report should contain the following tenders:

(A) project investigation, design, construction, supervision and important equipment and materials procurement activities in the specific tender range (all or part of the tender); (B) project investigation, design, construction, supervision, and equipment and material procurement activities proposed tender form (commissioned by bidding or bidding on their own).

In accordance with the relevant provisions of the proposed bid on their own, written materials shall be submitted in accordance with the relevant provisions of the State; (C) project investigation, design, construction, supervision, and equipment and material procurement activities proposed by the tender (tender or invitation to tender).

    Tenders to be invited in accordance with the relevant provisions of, written materials shall be submitted in accordance with the relevant provisions of the State.

Upon completion of the 16th feasibility study report, by units in accordance with the prescribed procedures of the project submitted to the project examination and approval Department for approval, and shall attach the following documents:

(A) selection report issued by the competent administrative Department of town and country planning;

(B) land resource land pre-trial comments issued by the administrative departments;

(C) the environmental protection of environmental impact assessment approval document issued by the competent administrative department;

(D) project energy assessment report, energy-saving evaluation report form or registration form (approval of the project by the central authority, needed the energy review report issued by the national development and Reform Commission);

    (E) according to the relevant provisions of other documents shall be submitted.

17th project examination and approval Department to comply with the relevant requirements, meet the construction requirements of the project, approved the feasibility study report and approval documents copied to the town and country planning, land resources, environmental protection and other sectors.

Feasibility study report of project examination and approval Department approval documents in the validity of the approval documents.

    For special effects, and significant projects, require approval to start the report, feasibility study report should be clear in the document. 18th approved feasibility study report is the basis for determining the construction project.

    Units can be based on the feasibility study of the project approval document, in accordance with the provisions applying to the town and country planning, land and resources Department for planning permission, adequacy of official procedures, and entrusted a qualified designer to design. 19th preliminary design shall comply with the relevant provisions of the State and relevant requirements of feasibility study document, clear the single project or unit engineering construction, building size, building standards, land size, material, equipment specification and technical parameter designs, and then developed the investment budget.

Investment budget shall include the national project construction of all kinds of fees.

    The national development and Reform Commission is responsible for approving projects, its preliminary design should be designed by qualified class a units. 20th estimation of investments approved by the investment budget for the feasibility study report of more than 10%, or project units, type of construction, construction site, construction, technical plans of a major change, the project unit should report the project approval authorities.

    Project examination and approval Department can ask the Organization to prepare for approval for feasibility research report. 21st after preliminary design completed, consists of units in accordance with the prescribed procedures of the project submitted to the project examination and approval Department for approval.

Laws and regulations on direct investment provisions of preliminary design approval of the project, from its provisions.

By the national development and Reform Commission approval of the project proposal and feasibility study report of the project, its preliminary design after approval by the relevant central departments, by the national development and Reform Commission for approval or approved by the national development and Reform Commission after the investment budget by the relevant departments of the Central Government for approval.

    Approved the preliminary design and investment budget should serve as the basis for project implementation and control.

    22nd direct investment projects should be in line with planning, industrial policy, environmental protection, land use, energy saving, utilization of resources and other relevant provisions.

    Chapter III administration building 23rd project unit lacks related professional and technical personnel and construction management experience of direct investment projects, project examination and approval Department shall require acting construction system approved the feasibility study report ("agent"), select project management qualifications through tendering of engineering consultancy, project management unit is responsible for project implementation.

    Project management unit in accordance with the contract with the project unit, project construction and implementing related rights and obligations, strictly adhere to project investment budget, quality standards and project requirements, and deliver the project in project after project completion acceptance unit.

24th direct investment projects shall go through the relevant formalities, the operating conditions specified in the national, to be under construction.

    Requires approval in accordance with feasibility study document starts reporting project should start reporting approval to start construction. 25th direct investment project bidding and procurement, in accordance with the tendering and bidding law and other relevant laws and regulations.

    Engaging in direct investment projects tender agency business bidding Agency, should be eligible for Central investment projects tender Agency. 26th report system of the project.

    Units shall comply with the requirements of the project to the project examination and approval Department report on progress made in the construction of projects on a regular basis. 27th item due to policy changes, price increases, significant changes in the geological conditions and other reasons is absolutely necessary to adjust the investment budget, adjustment of project unit, in accordance with procedures approved by the original budget for the Department.

    10% of the proposed budget increases by more than approval, the proposed budget approved in principle, the Department requested the audit institution to audit and budget adjustment according to the findings.

    28th establish engineering insurance and guarantee system of direct investment projects to strengthen risk management for direct investment. 29th direct investment projects shall comply with the relevant provisions of the national archives and Records Administration, and project management work.

    The unqualified acceptance of the project archive should be rectification, after passing the review, before final acceptance. 30th direct investment projects are completed, they should be in accordance with the provisions of the preparation of final accounts.

    Budget needed for the completion of specific review and approval of the project, in accordance with the relevant provisions of the State.

    31st direct investment after the completion of the project, the project unit should be in accordance with the relevant provisions of the State reports to the project feasibility study approval Department organizational acceptance.

    32nd article directly investment project built run Hou, project approval sector can according to about provides, organization has corresponding qualification of Engineering Advisory institutions, control project feasibility research report reply file and the approved of feasibility research report of main content carried out project Hou evaluation, necessary Shi should reference preliminary design file of related content for compared analysis, further strengthening and improved project management, constantly improve decision level and investment benefits.

    Fourth supervision and legal liability

    Article 33rd development and reform, financial, auditing, monitoring and other relevant departments, according to the Division of functions, supervise and inspect for direct investment projects.

    34th national development and Reform Commission and other relevant departments shall accept the units and individuals for direct investment projects in approval, construction in the process of complaints and reports of violations, and in accordance with the relevant provisions in the investigation.

35th project examination and approval Department and other departments concerned of any of the following acts, rectification, and directly responsible for the charge and other direct liable persons shall be given administrative sanctions.

(A) in violation of this regulation approves the project proposals, feasibility studies, preliminary design and authorized investment budget;

(B) compel or prompt item in violation of this regulation;

(C) intentionally or due to gross negligence cause major losses or serious damage to the legitimate rights and interests of citizens, legal persons and other organizations;

    (D) other acts in violation of these rules.

    36th State organs and staff of the relevant units in the project during the construction of abuse their powers, neglect their duties, favoritism, bribe, shall be subject to administrative or legal liability.

37th project and project management units have one of the following acts, the national development and Reform Commission and other relevant departments will be integrated into bad credit records, order the rectification, pause or suspend investment in project construction schedule; directly responsible in charge and other direct liable persons shall be subject to administrative or legal liability.

(A) provides false information in obtaining project approval and the central budget for investment;

(B) unauthorized construction in violation of the relevant provisions;

(C) unauthorized adjustment of construction standards or investment size, change the project location or contents;

(Iv) transfer, appropriation or misappropriation of funds;

(E) failure to timely completion and acceptance procedures, without acceptance or unqualified acceptance delivered;

(F) projects already approved, without any justified reason, is not implemented or completed in a timely manner;

(VII) does not carry out tender procedures stipulated by the State;

    (VIII) other acts in violation of these rules. 38th article about Engineering Advisory institutions or design units in prepared project proposal, and feasibility research report, and preliminary design and the investment estimates and carried out advisory assessment or project Hou evaluation Shi, fraud or advisory assessment views serious false of, national development reform Board and about sector will its into bad credit records, according to its plot weight, law give warning, and closed reorganization, and reduced qualification grade or revoked qualification, punishment; caused loss of, law bear compensation responsibility.

    Related to persons suspected of a crime, law transferred to judicial organs for handling.

    39th direct investment projects quality of major accidents, in accordance with the relevant provisions of the State, the authorities shall investigate projects project management units and reconnaissance units, design, construction, supervision and tendering agent organization and legal responsibility to their staff.

    The fifth chapter supplementary articles 40th central departments concerned under the provisions of these procedures and Division of functions, formulate specific measures in this sector.

    Provincial development and reform Department management approach for this region can refer to these measures.

    41st article explaining these measures by the national development and Reform Commission. 42nd these measures come into force on March 1, 2014.