Lanzhou Municipal Government Investment Project Appraisal Management 2011 (Revised)

Original Language Title: 兰州市政府投资项目评审管理办法(2011年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100352993.shtml

Lanzhou municipal government investment project appraisal management 2011 (revised) (April 21, 2009 people's Government of Lanzhou City [2009] the 1th Lanzhou municipal people's Government, published on December 17, 2010, people's Government of Lanzhou city, the 18th Executive Meeting March 28, 2011 [2011] the 2nd release come into force on the date of promulgation of the Lanzhou municipal people's Government on changes of Lanzhou city 9 pieces such as the patriotic hygiene control regulations amendment of the decision of the Government) first in order to strengthen the management of government investment projects,

    Assessment of government investment projects, rational determination and effective control of project investment, ensuring standardized, efficient, safe use of public funds, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second city after review and assessment of investment projects, as well as the Municipal Government has decided to review other matters governed by this approach.

    Government investments in these measures, refers to the total or partial use of budget funds, bond funds, Government funds, Government funds, government finance, foreign government loans or aid and international organizations, and enterprises to use State funds to invest in the project.

    Third article this approach by said government investment project review, is refers to municipal government project investment review institutions on government investment project proposal, and feasibility research report, and preliminary design, and sector project spending budget, and engineering budget control price (containing tender bid), and contract, and engineering settlement, and completed accounts for review, on government investment project for Hou evaluation, and on Municipal Government decided of other matters for review of behavior.

    Fourth government investment projects should follow the "independent, scientific and fair" principles, in accordance with the "first reviewed, after decision" procedure, pursuant to the relevant laws, regulations, and industry specifications and standards.

    Fifth city investment review Agency (hereinafter "review bodies") is responsible for the review of implementation by the local municipal government investment projects.

    Review report issued by the accreditation body should be on the (opinion) is accountable to the Government.

    Monitoring, audit, legal and other departments in the context of their respective responsibilities, oversight of government investment project evaluation.

    Article development and reform, finance, construction, bidding and other departments should be based on the review report issued by the review bodies (opinions), project of government investment project approvals, tendering procedures, allocation of funds, as well as supervision and management.

    Article seventh construction units and departments in the Government investment in the project review work, shall perform the following obligations:

    (A) provide information needed to review in a timely manner, and the responsible for the integrity, authenticity and validity of the information provided;

    (B) to review agency matters that require verification or evidence shall not refuse, conceal or give false information;

    (C) construction contract before the contract is signed and submitted for review in a timely manner;

    (D) to review the conclusions issued an initial assessment shall be three working days from the date of receipt of suggestions and receipts;

    (E) to review bodies review a review conclusions and made recommendations, should be adopted and implemented.

    Eighth government investment project investigation, design, construction, supervision and other units, shall cooperate with the accreditation body for government investment project evaluation, provide relevant information and assume the corresponding responsibility.

    Nineth accreditation body shall establish a review feedback mechanism for government investment projects and review system, regularly visit and the joint inspection system.

    Tenth government investment project evaluation includes:

    (A) project proposal and feasibility study report the necessity, feasibility and rationality;

    (B) preliminary design of the project and budget for reasonableness and completeness;

    (C) adjusted estimates need;

    (D) the necessity and rationality of the Department budget;

    (E) project budget control (including bidding) the reasonableness, accuracy;

    (F) the validity, completeness of the project contract;

    (G) project completion (AVN) is the legality, authenticity, accuracy;

    (H) the effectiveness of projects put into use, effects, function and influence;

    (I) the need to review other matters.

    11th accrediting body under the Government investment project appraisal, review work programmes established according to government projects and the program assessment and review process.

    Government investment project evaluation basis include:

    (A) the relevant national and local investment planning, budget, accounting, government procurement, bidding, contract and construction law, rules and regulations;

    (B) the relevant national departments in charge of industry and local government standards, valuation basis and engineering technical specifications;

    (C) investment projects with the Government relating to the pricing information, construction cost index, price regulation and other relevant information;

    (D) project proposals, feasibility studies, preliminary design and approval, land, planning, construction, environmental protection and other approval documents;

    (E) project of surveying, design and construction contracts (contracts), contracts for procurement of materials and equipment (Agreement), tender and other documents;

    (F) the project budget, project budget control (including bidding), project settlement, final accounting and engineering effects (June), approved of the construction organization design, design changes, engineering negotiation (Visa), financial account statement and other related documents;

    (G) the Government investment project appraisal based on the other relevant information.

    12th project proposal or feasibility study report review procedures:

    (A) the project construction unit to apply to the review body, project review information provided;

    (B) the accreditation body the information provided by the employer in terms of completeness, legality of preliminary examination;

    (C) the assessment agency site verification project;

    (D) the accreditation body according to the industrial policy, regional economic development, urban planning, and industry norms and standards on the construction project proposal or feasibility study report prepared by the necessity, feasibility and reasonableness review;

    (E) forms the assessment conclusion to the project owner feedback;

    (F) the accreditation body based on the review of conclusions and project owner, issue a review report (opinion);

    (G) accrediting bodies review report to the development and reform Department (), as a basis for approved project proposal or feasibility study report.

    13th preliminary project design and budget review program:

    (A) the project construction unit to apply to the review body, project review information provided;

    (B) the accreditation body the information provided by the employer in terms of completeness, legality of preliminary examination;

    (C) the assessment agency site verification project;

    (D) the accreditation body based on industry norms, standards, budget targets, quotas and related valuation basis, preliminary design of the project and the budget for the rationality and necessity of adjusting budget review;

    (E) review agencies formed a review conclusion to the project owner feedback;

    (F) the accreditation body based on the review of conclusions and project owner, issue a review report (opinion);

    (G) accrediting bodies review report to the development and reform, the construction sector (observations) as the basis of approval preliminary project design and budget.

    14th budget review procedures:

    (A) the financial sector in the preparation of project expenditure budget, the plan included government-invested projects, submitted to the review bodies review;

    (B) the accreditation body for project initiation, feasibility study, preliminary design, land acquisition and relocation, starts reporting of program approval documents, such as audit;

    (C) the accreditation body according to national and industry-related laws and regulations, valuation basis and valuation regulations, construction and installation engineering budget and equipment investment review;

    (D) the accrediting bodies review the projects deferred investments and other investments;

    (E) the authority to review project expenses;

    (Vi) review agencies formed a review conclusion, feedback to the financial sector;

    (G) the accreditation body based on the review of conclusions and financial departments to issue a review report (opinion);

    (H) the financial sector based on the assessment report (opinion) approval of project expenditures budget.

    15th project budget control (including bidding) review process:

    (A) the project construction unit to apply to the accreditation authority and provide project evaluation information;

    (B) the accreditation body the information provided by the employer in terms of completeness, legality of preliminary examination;

    (C) the assessment agency site verification project;

    (D) the accreditation body for project budget control (including bidding) to review the reasonableness and accuracy;

    (E) review agencies formed a review conclusion to the project owner feedback;

    (F) the accreditation body based on the review of conclusions and opinions issued by the construction unit of the project evaluation report (opinion), as a project bidding of project budget control or legal basis.

    16th construction contract review process:

    (A) the project construction unit to apply to the review body, provided the tender documents (including tendering answering), winning notice, draft construction contract for assessment, including information;

    (B) the accreditation body the information provided by the employer in terms of compliance, effectiveness and completeness of initial review;

    (C) the accreditation body based on the tender documents, tender answer (summary), the tender offer and the bid proposal, agreed on in the contract of construction project scope, contract, contract, and contract review;

    (D) the accrediting bodies in the construction contract price agreed and payment, price adjustments, and supplies of materials and equipment range and exposure range and amplitude, performance guarantees and claim review;

    (E) review institutions form a preliminary review conclusion to the project owner feedback;

    (F) the accreditation body based on the review of conclusions and opinions issued by the construction unit of the project review report, as the basis to sign the construction contract and compliance.
Article 17th project completion (AVN) a review process:

    (A) the project construction unit to apply to the review body, project review information provided;

    (B) the accreditation body the information provided by the employer in terms of legality, authenticity and completeness of preliminary examination;

    (C) the assessment agency site verification project;

    (D) the accreditation body in accordance with the relevant laws and regulations, standard (fixed) and specification, review the content of the project, determines the investment project;

    (E) the accreditation body for project management to review the procedures and organization;

    (F) the accreditation body to review the project in place and use of funds;

    (G) the accreditation body for financial management and accounting of the project, and the preparation of final financial accounts financial statements for review;

    (H) the accreditation body for project () is implementation, and the need for adjustments in the budget estimates for review;

    (I) the accreditation agencies review conclusion to the project owner, contractor feedback;

    (J) the accreditation body based on the review of conclusions and project construction and contractor evaluation report issued by (comments), as a basis for settlement, final accounts of approved projects.

    18th post project evaluation program:

    (A) the accreditation body develop annual plans of the post-evaluation of government investment project, determined list of evaluation projects and reported to the municipality notice of approval given to the project owner project post evaluation;

    (B) units within 30 working days of the project submitted to the accreditation authority within project self-assessment reports, and provide information required for evaluation;

    (C) the accreditation body the information provided by the employer in terms of legality, authenticity and completeness of preliminary examination;

    (D) the accrediting body to verify the project implementation and certification;

    (E) the accreditation body against the project feasibility study, approval documents as well as the contract's main contents of project decision-making purposes, construction, implementation, efficiency, performance, and analyze and evaluate the role and impact of;

    (F) the accreditation body forming analysis of evaluation findings to the project owner feedback;

    (G) the accreditation body post project evaluation results report to the municipal government, planning, investment decisions, review and approval, project management references an important basis for investment decisions and government accountability.

    19th issued by the review bodies review reports (observations) should include the project profiles, scope of assessment basis, review, review, review procedures, review conclusions and recommendations and existing problems, and so on.

    Accrediting bodies in the implementation of government investment project assessment should be on major projects, special programs, and adopt new technology, new technology projects, organize experts to demonstrate.

    20th accrediting bodies can take direct review, commissioned by a qualified social intermediary organization of review or the joint review, government investment project assessment and review.

    Lanzhou city government investment project assessment should be in the approval process for construction projects (draft) completed within a specified time frame.

    Article 21st accrediting bodies shall establish government investment project appraisal professional file system, review the collection, archiving and management of data, and to ensure its integrity.

    22nd project the employer disagrees with the conclusions of the review to the accrediting bodies, may appeal to the municipal government applications, specifying relevant departments, review by the city.

    23rd government investment project appraisal, in the municipal budget.

    Article 24th without review bodies review government investment projects, not for project approvals, tendering, Contracting, construction, allocation of funds and completion final accounts approved.

    Article 25th project construction and surveying, design and construction in violation of these rules, any of the following acts, by the accreditation body to explain the situation to the relevant Department, by the relevant departments in accordance with the provisions of the relevant laws, rules and regulations to deal with:

    (A) the necessity, feasibility discussion on project construction blurred, no justification;

    (B) construction of supra-national or industry standards;

    (C) does not comply with the overall urban planning or land-use planning and environmental protection requirements;

    (D) infrastructure cannot meet the basic needs of construction projects;

    (E) environmental assessment do not meet project requirements;

    (F) the size or scale of investment approvals and investments;

    (VII) without the appropriate qualification (qualification);

    (VIII) preparation of project texts do not meet accreditation requirements.

    Article 26th relevant administrative departments, project construction and its authorities in violation of the rules of any of the following acts, dealt with by the review body reports municipal governments are serious, drew attention to the discipline inspection and supervision organs in accordance with the implementation responsibility:

    (A) project proposal and feasibility study report without review and approval, or approval of;

    (B) preliminary design of the project and estimate without review and approval by the project investment;

    (C) adjusted estimates without review and adjustment of the project investment;

    (D) without review and project expenditure budget, approval Department;

    (E) without review and tender and bid activities of the Organization;

    (Vi) of project construction contract signed without review;

    (VII) without review and allocation of project funding or approval of project completion final accounts;

    (VIII) refusal to cooperate with and interfere with, hinder investment evaluation work.

    27th review agency staff working in government investment project appraisal, dereliction of duty, abuse of authority or engages in such conduct, by their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    28th in whole or in part the use of government investment in public research, planning, scheduling, disaster prevention and mitigation activities, in accordance with these rules. 29th these measures shall come into force on July 1, 2009.