Announced Inspection Approach For Major Construction Projects In Henan Province

Original Language Title: 河南省重大建设项目稽察办法公布

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387232.shtml

Announced inspection approach for major construction projects in Henan province

    (December 11, 2012 Henan Province Government 114th times Executive Conference considered through February 7, 2013 Henan Province Government makes 151th, announced since April 1, 2013 up purposes) first article for strengthening on major construction project of supervision management, specification major construction project JI justice work, guarantee engineering quality and funds security, improve investment benefits, maintenance social public interests and public security, according to national about provides, combined this province actual, developed this approach.

    Article in major construction projects within the administrative region of this province inspection activities and procedures apply.

    Major construction projects in these measures, refers to the relationship between public interests, public safety, critical infrastructure and utility projects, using Government funds or Government financing of projects and needs identified by the people's Governments above the county level check and other major construction projects and relevant departments of the State entrusted inspection of construction projects.

    Third people's Governments above the county level shall strengthen leadership of the work of the administrative inspection of major construction projects.

    Development and reform authorities above the county level are responsible for organizing and managing the administrative inspection of major construction projects. Article development and reform authorities should strengthen financial, auditing and supervision, the housing and urban-rural construction, and other relevant departments and financial institutions to contact, inform each other of the situation. The Department's investigation, inspection, audit findings can meet the need of inspection work and should be used, to avoid duplication checking.

    Development and reform in accordance with the needs, in conjunction with the financial, auditing, supervision, Department of housing and urban-rural construction work of the joint inspection of major construction projects.

    Fifth inspection of major construction projects, and adhere to the law, objective and fair, the principle of seeking truth from facts.

    Sixth requirements for inspection of major construction projects should be included in the budget at the same level.

    Inspection of major construction projects and not subject to inspection shall charge or charge any fee in a disguised form.

    The seventh inspection of major construction projects should be subject to public supervision, any unit and individual have the right to report violations of inspection work.

    Eighth inspection of major construction projects to implement inspection system.

    Inspectorate Office should consist of inspection staff to assist it in its work.

    Inspection Office and the inspection staff shall exercise functions and are protected by law, and no organization or individual may refuse or obstruct. Nineth sent Inspection Office and the inspection staff of the implemented system.

    Development and reform Department shall not delegate Inspection Office and inspectorate staff to work in its jurisdiction, the construction project or his close relatives to check unit senior managers engaged in inspection of construction project work.

    Tenth Article development and reform should be based on the level and the superior job requirements, local investment priorities to develop annual inspection of major construction projects planned.

    Development and reform based on inspection of major construction projects tasks and actual needs, regular or periodic special inspection.

    11th inspection of major construction projects shall be notified in advance 3rd inspection units and construction projects departments if necessary, approved by the head of the development and reform, instant check. 12th development and reform Department inspection of major construction projects should be send inspection team. Inspection groups composed of Commissioner inspection and inspection staff, not less than 2.

    Inspection Office and inspectorate staff to carry out major construction project inspection work should produce a certificate of administrative law enforcement.

    13th inspection of major construction projects, including the following main elements:

    (A) project approval compliance with statutory procedures;

    (B) whether the tendering and bidding law;

    (C) investigation, design, construction, supervision and law implementation;

    (D) the construction progress and project quality control of the project are scientific;

    (E) the truthfulness, budget control, legal use of funds;

    (F) project is due for completion investments or social benefits;

    (G) other matters requiring inspection.

    14th inspection of major construction projects can take one of the following ways:

    (A) hear the Inspection Unit report on major construction projects;

    (B) inspection inspection units on major construction projects engineering data, financial and accounting, as well as other relevant information, if necessary, require the persons concerned to make notes;

    (C) into the scene of a major construction project to verify the situation;

    (D) to participate in major construction projects construction of survey, design, construction, supervision and other relevant units understand the situation;

    (E) to the financial, auditing, construction project Department and other relevant departments and financial institutions the project funds were inspection unit use, quality and management of the project;

    (Vi) use copying, photocopying, recording, photography, video, and other forms to collect relevant information.

    15th major construction projects carried out inspection work should give full play to the role of professional bodies and professional and technical personnel concerned may entrust a qualified professional check for specific matters inspection, verification and provides consultancy services, also employ professional and technical personnel to participate in inspection work.

    16th Inspection Unit shall accept inspection of major construction projects, provide truthful information and documentation related to the project, reported in the construction and management of major issues shall destroy, conceal, falsify or refuse to provide information on the file.

    Major construction projects related to exploration, design, supervision, construction, material and equipment supply, business agent shall cooperate with the inspection of major construction projects, provide relevant information and data.

    17th inspection group found that inspection unit has one of the following acts shall promptly take appropriate measures and report to the development and reform, development and reform Department shall timely inform the relevant Department:

    (A) violation of tendering and bidding;

    (B) may harm public interests, public safety;

    (C) may endanger the safety of major construction project quality, project;

    (D) may result in loss or harm investor interests;

    (E) other emergency requiring immediate reporting.

    Major problems found in the inspection, development and reform Department shall promptly report to the people's Governments at the same level. 18th Inspection Unit inspection questions the right to State and defend themselves and submit supplementary material.

    Inspection group shall hear the views of the inspection unit, and to check the unit statement and plead verification matters, reason and evidence. 19th major construction projects after the end of the inspection, inspection teams should submit an inspection report in the 20th.

    Inspection reports shall include the following information:

    (A) construction project comply with the statutory approval process;

    (B) funding, budget control of construction project analysis and evaluation;

    (C) construction project tendering and bidding, project quality, progress, situation analysis and evaluation;

    (D) problems in construction projects and recommendations;

    (E) other matters that require reporting. Development and reform Department to check and audit shall promptly make a check after the conclusion of the report.

    Inspection conclusions should serve Inspection Unit, and to inform the relevant authorities. 20th Inspection Unit inspection disagrees with the conclusion of the May 15th days after receipt of the inspection findings within development and reform Department to apply for a review.

    Development and reform Department separately from the application for review is received within 30th of organizational personnel review and review comments, inform the applicant in writing.

    21st Inspection Unit violate the provisions of project construction and management, development and reform authorities should check and rectification notices issued, and track the rectification, timely organization for review.

    Inspection Unit shall check and rectification notice of the request for rectification, accepted for review.

    22nd check violation of project construction and management, minor, rectification by the development and reform Department, criticized in serious cases, reported to the people's Governments at the corresponding level for approval by the development and reform Department made the following decision:

    (A) suspended the allocation of funds, has been ordered to suspend use of allocated;

    (B) recover disbursed funds for construction;

    (C) the suspension of the project construction;

    (D) suspending the approval of local authorities, departments of similar new projects.

    Other issues related to the Department or local government responsibilities should be transferred to other authorities or local government.

    23rd inspection found in the investigation, design, supervision, construction, material and equipment supply, business agents and other units involved in major construction projects construction in violation of laws, rules and regulations, by the development and reform Department or other relevant departments according to their respective duties according to law.

    24th article development and reform and the administration of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to discharge the responsibilities of project approval;

    (B) the project does not perform supervisory duties, causing significant losses;

    (C) the interception, detention, diversion of construction funds of projects;

    (D) the collusion with the inspection unit, fabricating false inspection reports;

    (E) disclose State secrets and the inspection units trade secrets;

    (F) intervention project tendering and bidding;

    (VII) accept the check and unit property;

    (H) the inspection team found that failing to address the problems, causing a significant impact or a major loss;

    (IX) other acts of abuse of authority, dereliction of duty or engages in.

    25th Inspection Unit has one of the following situations, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) refuses or obstructs the inspectors to perform their duties;

    (B) refuse or delay to provide inspectors with major construction projects and information;

    (C) destroy, conceal, falsify information on the file;

    (D) other acts of obstruction of the inspectors to perform their duties.

    26th check Office and inspection staff in check and work in one of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the hidden question of significant violation of inspection units;

    (B) collusion with the inspection unit, fabricating materials;

    (C) disclose State secrets and the inspection units trade secrets;

    (Iv) interfere with the Inspection Unit's production and business activities;

    (E) the use of bribes to seek illegal benefits;

    (Vi) other acts of abuse of authority, dereliction of duty or engages in. 27th building illegal problem reporting system for major construction projects, and no organization or individual has the right to report on the problem of illegal construction project.

    Development and reform Department shall, jointly with relevant departments timely to tipoff for verification and processing. 28th article of the rules take effect on April 1, 2013.