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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

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Publication of major construction projects in Southern Province

(Conducted from 1 April 2013) at the 114th Standing Meeting of the People's Government of Southern Province, 11 December 2012

Article 1 regulates the work of major construction projects in order to ensure quality and financial security, enhance investment effectiveness, maintain public interest and public safety, and develop this approach in line with the relevant national provisions.

Article 2 conducts major construction project inspections within the administrative region of this province and applies this approach.

The major construction projects described in this approach refer to projects such as public interest, major infrastructures and utilities in public security, the use of financial funds or government financing funds, and other major construction projects identified by the Government of the communes and the construction projects commissioned by the relevant national departments.

Article 3 Governments of more people at the district level should strengthen the leadership of major construction projects in this administrative region.

The development reform sector at the district level is responsible for organizing and managing major construction projects in the current administrative region.

Article IV. The development reform sector should strengthen linkages with relevant sectors and financial institutions, such as finance, audit, inspection, housing and rural-urban construction. Surveys, inspections, audit findings from all sectors can meet the needs of the audit and should be used to avoid duplication of inspections. The development reform sector, in line with work needs, can work together with major construction projects such as finance, audit, inspection, housing and rural-urban construction.

Article 5. Major construction projects are inspected to uphold the principles of law, objectivity, impartiality and real demand.

Requirements for major construction project inspection should be included in the same financial budget.

A major construction project inspection shall not be charged or charged with any cost.

Article 7. Significant construction projects should be subject to social scrutiny, and any unit and individual have the right to report on violations committed during the audit.

Article 8.

The inspector should be assisted by the auditor.

The investigating and inspectorate staff are legally protected by law and any organization or individual may not refuse or impede.

Article 9 imposes a system of circumventation by the personnel of the inspector and the inspector. The development reform sector shall not assign the auditor and the auditor staff to the construction projects that they have previously jurisdiction, have worked, or their close relatives serve as senior management in the audit cell.

Article 10. The development reform sector should develop an annual plan of work for major construction projects, in line with local investment priorities, in line with the needs of the people at this level and the parent sector.

The development reform sector could conduct a regular or regular audit of the tasks and actual needs of major construction projects.

Article 11. The implementation of major construction project inspection should be communicated to the inspectorate and the construction project authorities in advance on 3 March; and, if necessary, with the approval of the heads of the development reform sector, it may be timely.

Article 12 Implementation of major construction projects in the development reform sector should be carried out by inspection teams. The team consists of the inspector and the auditor staff, with no fewer than two. Significant construction project inspections by mission and audit staff should be presented in administrative law enforcement documents.

Article 13 Major construction projects are subject to the following main elements:

(i) The project approval is in compliance with the statutory procedures;

(ii) Whether tendering and tendering are conducted by law;

(iii) Whether investigations, design, construction, etc. are carried out by law;

(iv) Whether progress in project construction and quality control are scientific;

(v) The authenticity and legitimacy of funding use, budget estimates control;

(vi) Whether completed projects have the right investment benefits or social benefits;

(vii) Other matters requiring audit coverage.

Article 14. Implementation of major construction projects can be carried out by:

(i) Hearing reports of major construction projects by the inspectorate;

(ii) Access to technical information, financial accounting information and other relevant information from the inspectorate on major construction projects and, if necessary, may require clarifications from the persons concerned;

(iii) Access to critical construction projects on-site verification;

(iv) Understanding the relevant units involved in the construction of major construction projects;

(v) To inform relevant departments and financial institutions, such as the financial, audit, construction of project authorities, of the use, quality of work and management of project funds from the inspection units;

(vi) To collect relevant information in the form of photocopy, reproduction, recording, photography and video.

Article 15. A major construction project inspection should be carried out with the full role of relevant professional institutions and professional technicians, which can be delegated to specialized agencies with corresponding qualifications to test, identify and provide advisory services on specific audit matters or to engage relevant professional technical personnel in the audit.

Article 16 should be subject to significant construction projects by law, such as the provision of material relevant to the project, the reporting of major matters in the construction and management process, and the destruction, concealment, falsification or refusal to provide information on documentation.

The units involved in major construction projects should be synchronized with major construction projects, such as surveying, design, supervision, construction, material and equipment supply, operational brokering, etc., such as real provision of relevant information and information.

Article 17 The Panel found that one of the following acts by the inspectorate should be taken in a timely manner and reported to the development reform sector, and that the development reform sector should inform the relevant sectors in a timely manner:

(i) Violations of tenders, tenders;

(ii) Possible harm to the public interest and public security;

(iii) It may endanger the quality and safety of major construction projects;

(iv) Possible losses of investment or violations of the rights and interests of investors;

(v) Other emergencies requiring immediate reporting.

The development reform sector should report in a timely manner on key issues identified in the audit.

Article 18 is the right of the inspectorate to make statements, pleas and submit supplementary material. The Panel should hear the observations of the inspectorate and verify matters, rationales and evidence presented by the inspectorate.

Article 19 After the completion of the work of the major construction project, the Panel should present its audit report within 20 days. The audit reports should include the following:

(i) The construction of projects to perform the mandated approval process;

(ii) An analytical evaluation of the use of project funds and the control of budget estimates;

(iii) An analytical evaluation of the construction of project solicitation, tenders, quality of works and progress;

(iv) Problems in construction projects and recommendations addressed;

(v) Other matters requiring reporting.

The development reform sector should make timely findings after the audit of the report. The findings should be sent to the inspectorate and the relevant authorities.

Article 20 was contested by the inspectorate with respect to the findings of the audit, which could be reviewed by the development reform sector within 15 days of the receipt of the findings of the audit. The development reform sector should conduct a review by another organizational officer within 30 days of the date of receipt of the review and provide a review of the opinion and inform the applicant in writing.

Article 21, in violation of project construction and management provisions, the development reform sector should send a letter of audit change and track project reorientation and organize a review in due course.

The inspectorate shall be subject to review in accordance with the requirements of the letter of assessment.

Article 22, in violation of the construction and management provisions of the project, is quite minor and is criticized by the development reform sector for a period of time; in serious circumstances, the development reform sector requests the Government to take the following decisions after approval:

(i) A moratorium on the allocation of funds for construction and a moratorium on the use of the responsibilities granted;

(ii) Recover the funds allocated for construction;

(iii) A moratorium on project construction;

(iv) A moratorium on the approval of new projects in the local, sectoral and similar categories.

Questions relating to the competence of the Government of other relevant departments or project sites should be transferred to other relevant departments or to the Government of the project location.

Article 23 found units such as surveying, design, supervision, construction, material and equipment supply, operational brokering in major construction projects in violation of legal, regulatory and regulatory provisions by the development reform sector or the relevant sector in accordance with their respective responsibilities.

Article 24: The development reform sector and the relevant executive organs have one of the following acts, and administratively disposed of directly responsible supervisors and other direct responsibilities by law; constituted criminal liability by law:

(i) Non-compliance with the responsibility for project approval by law;

(ii) Non-compliance with the regulatory responsibilities of the project, resulting in significant losses;

(iii) Exclusiveness, retention and diversion of project-building funds;

(iv) Compilation of reports of false investigations with the audited units;

(v) Disclosure of State secrets and commercial secrets of the inspectorate;

(vi) Interventions in tendering and tendering for projects;

(vii) Accepted the property of the inspectorate;

(viii) The problems identified by the Panel are not dealt with in a timely manner, causing significant or significant loss;

(ix) Other abuses of authority, omissions, provocative fraud.

Article 25 is governed by the law by one of the following conditions in the inspectorate, and by law by the competent and other direct responsible persons directly responsible; constitutes an offence.

(i) To deny and impede the performance of the duties of the inspectorate in accordance with the law;

(ii) To deny and deliberately delay the provision of information and information on major construction projects to investigators;

(iii) Destruction, concealment and counterfeiting of relevant documentation information;

(iv) Other acts that impede the performance of the duties of the inspector in accordance with the law.

Article 26 The auditor and the auditing staff have been responsible for administrative disposition under the law, which constitutes an offence, and for criminal accountability under the law:

(i) Concluding the significant violations of the investigation unit;

(ii) Contrary with the audited units to produce false material;

(iii) Disclosure of State secrets and commercial secrets of the inspectorate;

(iv) Intervention in the production, operation of the inspectorate;

(v) The use of posts to facilitate access to illicit benefits;

(vi) Other abuses of authority, omissions, provocative fraud.

Article 27 establishes a reporting system on violations of the law of major construction projects, and any organization and individuals have the right to report on violations of construction projects. The development reform sector should be verified and processed in a timely manner with the relevant sectors.

The twenty-eighth approach was implemented effective 1 April 2013.