Key Construction Project Of Yunnan Province, Inspection Methods

Original Language Title: 云南省重点建设项目稽察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377306.shtml

Key construction project of Yunnan province, inspection methods

    (June 25, 2012 in Yunnan province, the people's Government of 80th Executive Meeting July 26, 2012 and 177th promulgated by the people's Government of Yunnan province as of September 1, 2012) Chapter I General provisions

    First in order to strengthen the supervision and management of key construction projects, standardize construction project inspection to ensure construction quality and safety, improve investment efficiency, in accordance with the relevant laws and regulations, combined with the province, these measures are formulated.

    Article in the province within the administrative area of key construction projects carried out inspection activities, these measures shall apply.

    Key construction projects in these measures refers to use of government financial resources or focus of government investment construction projects, as well as the people's Governments above the county level shall determine the relationship needs to check the public interest of public safety and other construction projects.

    Check key construction projects in these measures refers to the whole course or major construction projects construction according to law the main link and the examination and approval of activities relating to the supervision and inspection of the contents.

    Third check and supervision according to law, the principle of objectivity and fairness.

    Fourth people's Governments above the county level shall strengthen leadership of the inspection work, check and working requirements included in the present budget.

    Article fifth province development and reform administrative departments to guide the province's inspection work, specifically responsible for the protracted chasheng key construction projects and higher authorities requires inspection of major construction projects.

    The State (municipal), County (city, district) development and reform of administrative authorities are responsible for check and set by the people's Governments at the corresponding level key construction projects.

    Administrative departments should strengthen the reform of article development and monitoring, finance, audit, relevant departments of the State-owned assets supervision and contacts established inspection coordination mechanisms and communication systems.

    Inspection work of the authorities, relevant departments shall provide assistance.

    Article seventh inspection work check system.

    Inspection Office of appointment and dismissal by the people's Governments above the county level, and are equipped with inspection staff to assist it in its work.

    Inspection Office of management measures shall be formulated separately by the provincial people's Government.

    Eighth inspection work not to be inspection unit charge or charge any fee in a disguised form.

    Inspection work shall be subject to supervision by society, any unit and individual have the right to report violations in check and work.

    Chapter II scope of inspection and responsibilities

    Nineth inspection include:

    (A) the project examination and approval work, construction, planning, environmental protection, energy conservation, land use and forest land use, soil conservation and other sectors to carry out national and provincial regulations;

    (B) the project construction site, building size, building standards, construction, engineering, quality, project schedule, cost, and safety to carry out national and provincial regulations;

    (C) project funding arrangements, and management;

    (D) the project tendering and contract management;

    (E) project budget control, revision of budget adjustment, design changes, the budget and summary (node) is;

    (F) project impact on resource utilization, environmental protection, people's life;

    (G) project participation units and intermediary services related to the project implementation;

    (H) final acceptance of the project.

    Article tenth Commissioner inspection and inspection staff (hereinafter referred to as inspectors) is responsible for the content of the provisions of this article Nineth authenticity and validity check; to check and evaluate units in charge of project management, and reward and punishment recommendations.

    11th inspectors check on project implementation of the rotation system, the inspection time shall not be of the same industry key construction projects for more than 3 consecutive years.

    12th inspectors shall exercise functions and are protected by law, relevant units and individuals shall coordinate with, and may not refuse or obstruct.

    13th inspectors and inspection units or of interest in inspection matters, shall take the initiative to apply for withdrawal.

    14th inspectors in inspection work shall not commit any of the following acts:

    (A) disclosing State secrets or were inspection units trade secrets;

    (B) accept the inspection unit gift, remuneration, benefits;

    (C) the reimbursement of expenses in check;

    (D) participation in the inspection arrangements, organized or paid for meals, entertainment, travel, visits and other activities;

    (E) duties for other illicit gain.

    Chapter III inspection methods and procedures

    15th development established by the reform of administrative departments under the people's Governments at the corresponding level key construction projects, making the annual inspection plan.

    Development and reform of administrative authorities can check assignments and practical needs, or not on a regular basis to carry out special inspection on a regular basis.

    16th inspection by inspection personnel, development and reform Administrative Department shall, within 5 working days notice in writing to the inspection unit; special case can be implemented directly by the inspectors check notice inspection.

    Article 17th inspectors carry out inspection work, not less than 2, and produce their documents.

    18th inspection work carried out in the following ways:

    (A) to the relevant administrative authorities and financial institutions understand the project's allocation of funds with the use of quality management, engineering, and so on;

    (B) hear the Unit reports on the construction of the project;

    (C) access to documents relating to the construction, engineering and technical information;

    (D) the period of qualification certificates, check out project construction contract, project file, project files and other information;

    (E) access to project accounting vouchers, account books, financial statements and other accounting documents, if necessary, check in cash, in kind, securities and so on;

    (Vi) construction, storage, inspection and testing, and project-related sites on-site inspection;

    (VII) to ask the persons associated with inspection;

    (H) if necessary, may require that the inspection units and personnel to provide a written statement on the situation and issues;

    (I) the copying, reproduction, recording, photography, video, and other forms to gather relevant information;

    (J) commissioned by the professional inspection, verification or evaluation.

    19th Inspection Unit shall provide the relevant information, shall destroy, conceal, transferred, altered or falsified information on the file.

    20th inspection staff should faithfully record the inspection in the inspection process, formation of inspection records.

    Inspection Unit should be signed and sealed on inspection records, that inspection records of any omission or mistake, the right to apply for corrections; Inspection Unit refused to signed the inspection record, inspection staff should be documented. 21st inspectors for problems discovered in the inspection work should verify with the inspection unit.

    Check and plead units have the right to representation, and additional related information.

    22nd inspectors found projects that threatens safety, investment losses and other emergencies, shall take appropriate measures in a timely manner and report to the Administrative Department for development and reform, development and reform Administrative Department shall timely inform the relevant administrative departments, and report to the people's Governments at the same level. 23rd inspection Commissioner shall be made within 10 business days after the check is completed inspection reports.

    Inspection reports should include the basic situation of the project, evaluation, main problems and reform suggestions and recommendations, and so on.

    Inspection report by the development and reform of administrative authority approval, submit and copied to the relevant administrative departments of the people's Governments at the same level.

    Superior Administrative Department for development and reform require inspection of project inspection report by the national development and reform after the approval by the Administrative Department, submitted to the superior administrative Department for development and reform, and the people's Governments at the same level.

    Article 24th Inspection Unit violates the relevant provisions of the State or province, development and reform administrative departments shall issue a check and rectification notice and follow the rectification, timely organization for review.

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

    25th article development and reform administrative departments were found in the inspection work inspection unit or other administrative organs and their staff were arrested for illegal, should be transferred to the supervisory departments or judicial organs according to law.

    26th inspection work in the form of documents, shall, in accordance with item sorting and filing in a timely manner to ensure inspection complete, authentic archive, system, and security.

    The fourth chapter legal liability

    27th has been check and in violation of relevant regulations of the State or province, by the competent administrative authority shall order rectification of development and reform, criticized; the circumstances are serious, shall be reported by the competent administrative Department for development and reform the people's Governments at the corresponding levels determined by the following process:

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

    (B) recover funds;

    (C) the suspension of the project construction;

    (D) order the original approval authority for the revocation of the project;

    (E) suspend approvals of similar new projects;

    (F) prohibition of participation in other construction projects invested by the Government.

    28th Inspection Unit has one of the following circumstances, supervisors and persons directly responsible shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) refuse or interfere with inspectors to perform their duties;

    (B) destroys, conceals, transfers, alteration or falsification of information on file.

    Article 29th inspectors in inspection work in violation of the provisions of, any of the following circumstances shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) to charge is collected by inspection or disguised;

    (B) violation of these measures set forth in 13th, 14th;

    (C) violations of inspection procedures;

    (D) violations of inspection findings, do not follow the regulations or report;

    (E) making false inspection reports.

    The fifth chapter by-laws 30th article this way come into force on September 1, 2012.