Fujian Provincial Administrative Measures On Special Funds

Original Language Title: 福建省省级财政专项资金管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399512.shtml

Fujian Provincial administrative measures on special funds

    (November 26, 2013 Executive meeting of the Fujian Provincial people's Government, the 13th December 23, 2013 131th promulgated by the people's Government of Fujian province as of the date of promulgation) Chapter I General provisions

    First in order to regulate the provincial financial management of special funds and improve capital efficiency, strengthen the construction of anti-corruption, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second special funds set up at the provincial level in the province, adjust, revocation, Declaration, implementation, and oversight activities to apply this approach to performance management.

Provincial finances in these measures of special funds (hereinafter funds) refers to the financial arrangements at the provincial level, specifically established to accomplish specific work goals and tasks of the Fund does not include the unit functioning special operating costs and their own special needs. Using Government funds in the province and the central fiscal transfer payments grant funds, in accordance with the provisions of these measures.

Otherwise provided for by the State, from its provisions.

    The provincial budget for infrastructure funding, provincial transportation management of special funds in accordance with the relevant existing regulations.

    Third special fund management should be guided by the scientific establishment, fair use, the principle of priority, open and transparent performance, tracking, monitoring, and management in accordance with the relevant provisions of budget management.

Fourth provincial people's Governments shall strengthen the management of the special funds leading, coordinating and solving major problems in the management of special funds to pay attention to guiding and leverage funds.

    People's Governments and their departments at and above the county level carry out special fund management Chief in charge of work.

Article fifth provincial financial departments shall carry out special fund management duties as follows:

(A) shall be responsible for special funds management and policy research, in collaboration with the other relevant departments of the provincial people's Government establish special funds for specific management systems;

(B) responsible for the Special Fund set up, adjust, revocation and reporting audit, according to prescribed procedures submitted to the provincial people's Government for approval;

(C) organize special funds budget preparation and implementation;

(D) Organization of special funds budget performance management;

(E) organize special fund of execution expires or is withdrawn after the liquidation, asset recovery, as well as other relevant work;

(F) supervision and special funds spending activity and violations;

    (VII) other duties stipulated by laws, rules and regulations.

Sixth provincial relevant departments shall carry out special fund management duties as follows:

(A) in conjunction with the Special Fund for the financial departments of the provincial government to establish a sound management system;

(B) according to budget management requirements, preparation of special funds budget;

(C) be responsible for the audit the documents to apply for the use of special funds, the Executive had approved special funds budget, supervise the use of funds;

(D) the proposed special fund performance objectives, and in accordance with the established performance targets for special funds to implement performance tracking and evaluation;

(V) is responsible for the implementation of this sector expires or canceled special fund management;

    (Vi) other duties stipulated by laws, rules and regulations.

    Article seventh audit, monitor the authorities responsible for supervising the Special Fund shall, within their respective responsibilities, and in accordance with the relevant laws and regulations to deal with the acts of violation of regulations.

    Eighth article of any units and individuals have the right to special funds for various violations that occurred in the management of income and expenditure in accordance with law, complaints, exposures or charges against.

    Chapter II establishment, adjustment and cancellation

    Nineth special funds should be in accordance with the law, rules, regulations or the provincial government decided to set up, shall not be established, no additional special fund has been set up to use or consistent use of special funds.

Tenth established special funds to submit an application by the provincial financial Department, submitted to the provincial people's Government for approval; or by other application from the Department of the people's Government of the province, after the examination by the financial Department of the provincial government, submitted to the provincial people's Government for approval.

    Central Government transfer payments grants funding requires matching funds to the provincial financial arrangements, provincial government departments concerned shall make application to the provincial Finance Department, after approval by the provincial financial departments according to the established procedures for approval. Section 11th to set up a special fund, established basis, implementation plan and performance targets should be provided, if necessary, provide feasibility studies. Provincial Special Fund for the financial sector in collaboration with other relevant departments to establish the need for scale and performance goals, feasibility, financial organizations review and demonstration.

If necessary, can be held to listen to public views.

    Establishment of special funds should clear the Executive term, the Executive term for 1-3. After 12th approved the establishment of special funds, and should develop a specific management system.

    Specific management system should include the use of special funds for scope, performance management, management responsibilities, allocation, reporting conditions and approval procedures, the Executive term, supervision and accountability of the main content. 13th Special Fund after the expiry of the implementation, automatic termination.

    Absolutely necessary to continue, it should be established in accordance with article tenth new application of these measures.

    14th special funds during the implementation period need to adjust the scope or amount, by applying provincial people's Government, other departments, and adjust the implementation plan and performance goals, after the examination by the financial Department of the provincial government, submitted to the provincial people's Government for approval.

15th special funds during the implementation period has any of the following circumstances, relevant departments of the provincial Government shall be submitted to the provincial people's Government to revoke the special funds:

(A) changes in objective circumstances, special funds established by the target meaningless or the need to complete the specific task no longer exists;

    (B) the special fund performance does not meet key performance objectives.

    Article 16th by decision of the provincial, provincial financial departments according to the use of special funds, special funds to consolidate overall arrangement and rational management, improving the efficiency of Fund utilization.

    Chapter III reporting and implementation

17th provincial relevant departments shall, in conjunction with provincial financial departments to organize special fund project work, to review the application materials.

    In accordance with the relevant provisions should be examined by the lower level people's Governments and relevant departments to report of special funds for the project, lower level people's Governments and their relevant authorities shall, within the time limit will review comments and declarations submitted to the higher level people's Government departments concerned. 18th provincial departments concerned shall promptly after receiving the Declaration of special funds to the admissibility of the application for review. Focus on projects or professional project should organize experts to set up stronger verification Panel or entrust a professional evaluation and justification of the social intermediary organizations. Have a significant impact on economic, social and environmental projects, should be to the public, solicit the views of citizens, legal persons and other organizations.

    Of the hearing shall be conducted in accordance with law, shall organize the hearing.

    19th provincial relevant departments according to special funds spending budgets, performance targets, subsidies, project results, preparation of project fund allocation of special funds, sending provincial financial department.

    Declaration of the 20th special funds units and individuals shall guarantee the authenticity of documents shall not be by means of giving false information, forgery, obtaining special funds, declared a number of special funds for the same project should be clearly declared in the declarations of the other funds.

    Article 21st special fund application, assessment and other relevant work of specialists or market intermediary organization it shall follow the principles of integrity, independent and objective opinion.

    22nd financial and other relevant departments of the people's Governments above the county level and township (town) people's Government should be timely, adequate funds and special funds shall intercept or misappropriate the funds, without undue delay the allocation of special funds. 23rd special funds should be earmarked. The people's Government above the county level and their departments, Township (town) people's Government shall strictly implement special fund expenses, in accordance with the approved plans and implementation. Without approval, and shall not change the content of an item or to adjust the budget.

    Absolutely necessary to change or adjust the budget of the project, shall, in accordance with the prescribed procedures for approval.

    24th special funds for project implementation units should be in accordance with the approved special funds in a timely manner using the project plans and implementation of the project, not to misappropriate funds, without undue delay project implementation.

    25th budget implementation in the form of special-purpose fund balance, financial departments of the provincial Government shall be recovered in time, the project is not completed can be carried forward for use.

    The fourth chapter budgeting performance management

26th special funds should be the implementation of performance management of the whole process, established through budgeting, implementation and monitoring of budget performance management system.

    Provincial financial departments should establish special funds budget performance management approaches, guidance, supervision and other related departments of the provincial government performance management of special funds. 27th special funds during the execution of other relevant provincial departments shall, in accordance with the established performance goals to track funds monitoring and performance evaluation of deviations from the performance objectives of the project to take measures for rectification.

    Special Fund for provincial financial departments should supervise and inspect the implementation of performance, and to evaluate performance targets.

    28th provincial Finance Department and other relevant departments according to the needs of the provincial people's Government, may appoint experts, market intermediaries and other third parties to implement performance evaluation, and standardize the work to third parties involved in performance evaluation.

    After expiration of the 29th special funds for implementing, provincial financial departments should organize provincial people's Governments concerned to undertake a comprehensive evaluation of the performance of the special funds, and the evaluation results report to the provincial people's Government.

    Article 30th special funds performance evaluation results should serve as the provincial financial Department and other relevant departments of the provincial people's Government to improve budget management, preparation of annual budget, after arranging financial and administrative accountability basis.

    The fifth chapter legal liability
31st article violates this way 14th section, adjusting the amount of funds used or without approval, by the provincial financial department ordered corrective action and recover funds, and confiscated illegal income.

    Article 32nd disobey article 20th, by giving false information, forgery, means of obtaining special funds, by the provincial financial department ordered corrective action and recover funds, and illegal income confiscated, and prohibit entry within 3 years special funds at the provincial level.

    Article 33rd disobey article 21st, had not been an independent, objective opinion, special fund application, assessment and other related work in the fake, forgery expert or market intermediary organizations, in accordance with the provisions of the relevant laws, regulations, rules, and barred from special funds within 3 years application, assessment, performance evaluation and other relevant work.

    Violation of the provisions of this article 22nd of 34th article, withholding or misappropriating special funds or unreasonable delays in disbursement of funds, by the financial Department of the provincial Government shall be ordered to correct, the unit shall be given a warning or notice of criticism.

    35th disobey article 23rd, did not implement special fund project expenditure budget or change project contents or to adjust the budget without approval, by the provincial financial department ordered corrective action and recover funds.

    Article 36th disobey article 24th, delays in project implementation, and by relevant departments of the provincial government in accordance with the duties shall be ordered to correct; it refuses to, return the money within the corresponding sum within 3 years and the prohibition to declare special funds at the provincial level.

    37th state personnel in the special fund management activities in abuse of power, negligence, malpractice, shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law. Article 38th acts in violation of these rules, laws, rules and regulations on penalties from its provisions.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    39th to deal with sudden public incidents, provisional arrangements for the national and provincial funds and emergency rescue, disaster relief fund, in accordance with the relevant provisions of national and provincial.

    40th district and municipal people's Government, the Pingtan comprehensive experiment zone Administrative Committee in accordance with the measures to introduce the Special Fund for financial regulation. 41st these measures come into force on the date of promulgation.