Zhejiang Provincial Government Investment Budget Management

Original Language Title: 浙江省政府投资预算管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351940.shtml

Zhejiang Provincial Government investment budget management

    (June 16, 2011, Zhejiang Province people's Government announced order No. 286 as of August 1, 2011) Chapter I General provisions

    First in order to strengthen the management of government investment budget, improving the investment decision mechanism, increased government investment, guard against investment risks, according to the provisions of relevant laws and regulations, combined with the facts of the province, these measures are formulated. Budget management of government investment in these measures in article, refers to the Government of the people's Governments at various levels in the province to invest Government funds in the construction of the project of the budget arrangements, implementation and monitoring of management and other activities.

Range of Government funds shall be determined in accordance with relevant national and provincial.

    Government investments in these measures, is in accordance with the provisions of the Zhejiang Provincial Government investment project management, direct investment, capital injection, such as investment subsidies, interest, in whole or in part using Government funds for fixed asset construction projects.

    Article people's Government above the county level shall strengthen leadership on the management of government investment budget, establish and improve the budgeting, implementation and monitoring of government investment management system, coordinating and solving major problems in the management of government investment budget, urge the relevant departments and the Government of the people's Governments at lower levels of investment budget management.

Fourth fiscal Administrative Department of the people's Governments above the county level for government investment budget management.

    Development and reform, the people's Governments above the county level transportation, water conservancy, housing and urban-rural development, the State-owned assets supervision and management and auditing, and other relevant departments, in accordance with their respective responsibilities, is responsible for the management of government investment budget related work.

    Chapter budget

    Fifth government investment should be included in the budget arrangement without a budget, Government funds shall not be used for government investment spending.

Sixth government investment budget shall comply with the following requirements:

(A) consistent with the provisions of State macro-control policies;

(B) in accordance with national economic and social development plan of the region;

    (C) adhere to the risks of living within our means, balance, control, restrain.

Seventh government investment is an integral part of the Government budget draft in the draft estimates, the Organization shall comply with the following procedures and requirements: (A) the fiscal Administrative Department of the people's Governments above the county level shall be in conjunction with the development and reform of the Administrative Department of study next year related work arranged by the level of government investment budget, and preparation of the draft budget for next year in order to inform government investment budget presented in the General requirements, main directions and areas of focus, such as comments.

If necessary, shall be reported to the consent of the people's Governments at the corresponding level.

(B) relevant departments of people's Governments above the county level (including belongs and the control units, the same below) need to arrange a government investment budget, notice shall prepare the draft budget provisions in this sector listed in the budget draft the Government investment expenditure and the necessary government funding; self-financing projects self-financing should be also reflected the situation. (Three) County above government financial administrative competent sector should according to national and province about budget management of provides, summary, and balance the about sector submitted of government investment budget arrangements, prepared this level government investment budget draft; take directly investment, and capital injected way of government investment project (following referred to directly investment project, and capital injected project) of budget arrangements, should in accordance with government investment project management of about provides,

    And peer development and reform of the Administrative Department of the organizational structure of government investment projects linking the draft annual plan.

Article eighth province, the competent financial administrative departments should generally be at the beginning of each year when the annual budget for the current level of government investment size.

    City divided into districts, counties (cities and districts) in light of the provisions of the preceding paragraph.

Nineth people's Governments above the county level shall finance, development and reform of the administrative departments shall establish a sound work mechanism, liaison, communication and consultation to ensure government investment budget and the draft annual plans full convergence of government investment project in case of major problem is difficult to solve, should be promptly reported to the level people's Government for decision.

Prepare draft Government budget, draft annual plan for government investment projects, should fully heed the views of the relevant departments, and openly seek the views of the public in an appropriate manner. Government investment budget, the draft annual plan for government investment projects shall be submitted to the Executive meeting of the people's Government of the same level validation, implemented after being approved according to law.

    Government approved investment budgets, annual government investment project plans should be announced to the public in accordance with regulations.

Tenth direct investment projects, capital injection of Government funds required for the project, in accordance with the priorities included in the budget of the project, and meets the following conditions:

(A) in select projects from the repository for government investment projects;

(B) the feasibility study report of government investment project management in accordance with the relevant provisions of the approval, but arrangements for major State construction projects, public events in response to major emergencies and other special situations, except cannot be reported for approval in advance. Investment subsidies, discount interest, such as government investment projects (hereinafter referred to as investment grants, loans and other projects) Government funds required, in accordance with the relevant provisions of national and provincial budget.

    Investment subsidies, interest and other items belonging to the enterprise's investment project, its funding request report shall, in accordance with relevant provisions of the enterprise project management approval; government investment projects, feasibility study report shall, in accordance with its relevant provisions upon approval of government investment project management.

    11th Government project proposal report, survey and design of investment projects, feasibility studies, the pretender, and advisory review and preliminary work such as land acquisition and relocation of financial arrangement requirements, in accordance with the principle of total control by the budget and manpower arrangement and should be in accordance with the provisions included in the project budget.

    12th government investment projects through loans, bonds and other debt financing, should be in accordance with the relevant provisions of the provincial approval; without approval, no debt. Issued 13th government investment budget, once approved, should be strictly enforced, without adjustment.

    Due to response to major emergencies such as natural disasters and other emergencies, the need for adjustments, shall comply with the provisions of relevant laws, regulations and rules of procedures and requirements.

    Chapter budget 14th fiscal Administrative Department of the people's Governments above the county level shall, in accordance with the level of government investment budget, auditing of government investment project application, disbursement of funds in a timely manner to ensure needs of government investment construction, shall not exceed budget allocations, delay spending money without proper reason.

Direct investment projects, funds allocated for capital injection program, should also be based on annual plan for government investment projects, contract progress and owner written confirmation is based on the actual progress of the project.

    Against interception, misappropriation or misrepresentation, false claim, related party transactions defrauding the Government investment funds.

    15th government investment funds of centralized payment; no centralized payment, its financial requirements financial account direct paid or credited to the project owner to open the project funds and paid accounts. Article 16th project opening capital accounts shall comply with the measures for the administration of RMB Bank settlement accounts and other relevant provisions. Project owner needs to open a project in accordance with article 15th funds account, shall be reported in accordance with relevant State provisions approved by the competent financial administrative departments.

    Relevant financial institutions by approval documents and approved by the people's bank card account opening procedures; without permission shall not be dealt with.

17th the self-financing of the project direct investment projects, capital injection, should be paid in full and on time into project funding accounts or financial account; without deposited self-funding by the regulation, fiscal Administrative Department of the people's Governments above the county level shall suspend disbursement of funds.

    Direct investment projects, capital into the project self-financing of the main contract or other important documents signed, shall be reported in the 10th disbursement of funds financial administration departments. 18th government investment project construction drawing design and limitation design requirements shall be followed for the preparation of the budget, shall not be any breakthrough project proposals is absolutely necessary to adjust the project estimates, should be in accordance with the relevant provisions of the management of government investment projects for approval.

Project owners shall not require design exceeding the project budget design.

Construction design and budget or its basic information should be reported to the competent financial administrative funds allocated for filing.

    For violations of the provisions of the preceding two paragraphs, reduced or not to allocate funds according to the situation.

19th project owner should be in accordance with record construction drawing budget of tender documents, the development of the project contract, and the disbursement of funds in accordance with the following provisions of financial administrative departments:

(A) the tender documents should be reported in the 5th before the issue of tender documents;

(B) contracts should be reported in the 7th after the conclusion of the contract.

Project bidding, project construction drawing budget of the contract shall not exceed the price for the record.

    For violations of the provisions of the preceding paragraph, reduced or not to allocate funds according to the situation. 20th government investment projects shall be arbitrarily change design and engineering contract price accordingly. Absolutely necessary to change, change the design documents shall be agreed with the original design, the construction contract price change reaches a certain level, should be reported to the competent administrative Department of people's Governments at or above the county level financial approval; failed to meet a certain level of, related project by project owners and contractors in accordance with the contract, make changes, and reported to the competent administrative Department of the people's Government above the county level financial record.

The people's Governments above the county level contract price shall be submitted to the approval of the project, from its provisions.

Engineering contract price change without approval or report, no additional budget and fiscal Administrative Department of the people's Government at or above the county level shall allocate funds or approve settlement reports, final financial report on the accounts for the corresponding reduction in serious cases, can suspend the disbursement of funds.
Construction contract price specified in the first paragraph of this article changes by the people's Governments above the county level based on the actual provisions of the region.

    21st article on this approach 18th article, and 19th article and 20th article provides of construction figure design and the budget prepared, and project tender file prepared, and project contract made, and design file and contract price change, and corresponding of estimates adjustment, matters, about legal, and regulations and regulations provides must to County above government development and reform, and traffic transport, and water, and housing and urban and rural construction, about sector and institutions handle approval, and review, procedures of, should in accordance with its provides implementation.

22nd government investment projects before the price is settled, about the project contracting units shall report the matter in accordance with the provisions of compiling the accounts.

Price settlement after the report should be examined by the project owner and the authorities, reported to the competent administrative Department of the people's Government above the county level financial examined is not validated, no settlement price shall not be paid the money, not for project acceptance procedures.

    Have settlement price is according to the report, identified by the fiscal Administrative Department of the people's Governments above the county level, and can be used as a basis of the settlement price.

23rd Government after completion of the investment project, project owner should be in accordance with the provisions of the preparation of final financial accounts, after examination by the competent authorities, reported by the people's Governments above the county-level financial administrative departments or the approval of the relevant authorities entrusted; unauthorized, not for asset delivery procedures.

    Asset delivery procedures for government investment projects should be according to the approved final financial accounts.

24th article of the provisions of article 18th to 23rd, only applies to direct investment projects.

    Investment grants or loans of capital injection, government investment projects, relevant management after its allocation of funds in accordance with the relevant national and provincial regulations.

    25th project owners and project contracting units shall in accordance with the provisions of financial accounting bodies or specified financial and accounting professionals, establish and improve the system of internal financial management, standardizing financial management and accounting, and accept supervision by the financial, auditing, and other relevant departments.

Article 26th after the end of each budget year, various departments at the time of preparation of the draft final accounts in this sector according to law, shall identify the accounts of government investment in this sector.

Fiscal Administrative Department of the people's Governments above the county level should according to the Government investment in the sector accounts for the preparation of the draft accounts of the level of government investment, as a component of the draft accounts of the same level.

    Final draft for review and approval in accordance with national and provincial rules on budgetary management.

    Supervision and administration of the fourth chapter

    27th people's Government above the county level and their departments and units shall be subject to the people's congresses at the corresponding levels and their standing committees, relating to the Special Committee in accordance with the Government's investment budget supervision, report pursuant to the provisions of government investment arrangements and implementation of the budget, to answer questions, and to fulfil the relevant obligations.

    28th people's Governments above the county level and financial administration departments shall organize for government investment budget, implementation of the supervision and inspection oversight problems discovered in the inspection, shall be supervising. 29th fiscal Administrative Department of the people's Governments above the county level shall, in accordance with the relevant provisions of the measures implemented for approval and record management, should be in accordance with the requirements of timely, standardized and efficient clear responsibilities, improve work flow, improve work efficiency and service levels.

Specific procedures and time limit for approval and record and submitted material requirements and other matters from the provincial fiscal shall be formulated by the Administrative Department.

    Fiscal Administrative Department of the people's Governments above the county level as needed, through public bidding or delegate has the appropriate capacity in the form of institutions such as government procurement, investment in government investment projects estimation, budget, construction budget and final financial accounts, review, requirements are included in the financial budgets.

30th the Government investment, in accordance with the relevant provisions of the provincial people's Government, gradual implementation of the performance appraisal system, the assessment results as an important basis for the Government investment budget.

    Performance evaluation of government investment and evaluation results shall be reported to the people's Governments at the corresponding level.

31st people's Governments above the county level shall audit audit departments shall, in accordance with the following conditions:

(A) the level of government investment in implementation of the budget and the annual accounts;

(B) of the financial resources as the main source of direct investment projects, capital injection program, projects on the implementation of the budget or estimates of final accounts.

    If necessary, the audit departments above the county level people's Government may, in accordance with the preceding paragraph (b) the provision of direct investment projects, capital injection projects directly related to the construction, survey, design, construction, supervision, purchasing, delivery and other units of the relevant financial supervision through auditing.

Article 32nd citizens, legal persons and other organizations for acts in violation of these rules, power to the people's Governments above the county level and its financial reporting, complaints, auditing and supervision departments, no organization or individual shall suppress or retaliation. People's Governments above the county level and financial, auditing and supervisory Department after receiving the reports, complaints, shall promptly conduct investigations and put forward opinions and informants, and the written replies to the complainants.

    The informant, relevant information from the complainant, should be kept confidential.

    The fifth chapter legal liability

    Article 33rd acts in violation of these rules, laws, rules and regulations on punishment, punishment provisions, in accordance with its provisions.

34th people's Governments above the county level has any of the following acts by the administrative authorities, by the authority given a warning or notice of criticism to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) in violation of these regulations article tenth, will not meet the requirements of the Government financial resources for investment projects in the budget;

(B) no budget or budget allocations, or undue delay in funding;

(C) not complying with the provisions of government investment projects will raise the necessary funds paid into special financial account, but not suspend disbursement of funds;

(D) change of government investment project construction contract price, but on their supplementary budget, or not in accordance with the regulations reduced, suspended the disbursement of funds;

(E) the price settlement for government investment project report is not audited, and it paid the money;

(Vi) not complying with the provisions of government investment budget, implementation of conducting supervision and inspection;

    (VII) other behaviors should be disciplined.

35th project owners or the authorities of any of the following acts, by the duly empowered authorities to be warned or criticized the unit to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) unauthorized, unauthorized borrowing of financing for government investment project construction;

(B) not complying with the provisions of government investment project estimates and construction design and budget;

(C) funds account is not required to open an item without individually establish accounts and accounts, or multiple account;

(D) not complying with the provisions in full and on time deposited self-funding, or concerned has yet to be a self-funded primary contracts and other important documents;

(E) not complying with the prescribed tender documents, project contracts, or exceed the record of construction budget project bidding, the contract price;

(Vi) change project is not reported by the regulation or approval of the contract price;

(VII) is not specified by the requirement of financial institutions or financial accountants, internal financial management system chaos;

    (VIII) other behaviors should be disciplined.

    36th article units and personal interception, and misappropriated or to false, and impersonator, and associated trading, means cheat government investment funds of, by right to organ ordered corrected, recovered was interception, and misappropriated, and cheat of government investment funds, confiscated illegal proceeds, reduced or stop allocated funds, and in accordance with financial violations punishment disposition Ordinance of about provides on units give warning, and informed criticism or fine, on personal give disposition or fine.

    37th in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

Article 38th project contracts in these measures refers to direct investments, capital into the project design, construction, procurement, supervision and construction contract.

    Project contract price is about determination, changes and fund disbursement, payment and other terms should be dovetailed with the relevant provisions of this approach. 39th article of the rules take effect on August 1, 2011.