Ningbo Municipal Government Investment Project Management Approach

Original Language Title: 宁波市政府投资项目管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Ningbo Municipal Government investment project management approach

    (August 6, 2009 Ningbo Municipal People's Government at the 60th Executive meeting on August 27, 2009, Ningbo Municipal People's Government, the 167th release come into force on November 1, 2009) Chapter I General provisions

    First in order to standardize the Government investment project management, improve investment efficiency, according to the State Council on reform of the investment decision, the Zhejiang Provincial Government investment project management approach, combined with the city's actual, these measures are formulated.

    Government investment projects referred to in article, refers to the Government by direct investments and capital into the use of funds for fixed asset investment projects:

    (A) the financial budget of the construction funds;

    (B) the Government non-tax income arrangements for construction funds;

    (C) financing and the use of bond funds;

    (D) loans, grants from international financial organizations and foreign Governments;

    (V) transfer, sell, auctions of State-owned assets and their rights from the State-owned assets interest income;

    (Vi) land leasing;

    (G) the laws, rules and regulations of other government funds. Third government investment is mainly used for public safety and market effective allocation of resources for economic and social development.

    The main types include:

    (A) agriculture, water conservancy, energy, transportation, urban and rural public facilities, ecological environment protection and other public infrastructure projects;

    (B) education, science and technology, culture, health, sports, social security, social services and resource conservation project;

    (C) science and technology, high technology, information engineering, modern services, such as national, provincial and municipal support to promote scientific and technological progress and the development of high-tech industrialization projects;

    (Iv) promoting the development of important projects in the underdeveloped areas;

    (E) the Government public service projects.

    Fourth of municipal and County (City) area development and reform Department for the comprehensive management of government investment projects, responsible for government investment project planning and the preparation of plans, implementation, coordination and supervision management.

    Financial sector supervision and management is responsible for the financial operations of the Government-invested project funding.

    Auditing Department responsible for government investment project implementation and completion of audit and supervision.

    Construction, transportation, water, land and natural resources, information industry, environmental protection, planning, the economy, the State-owned assets supervision, monitoring and other relevant government departments, in accordance with the relevant laws and regulations, supervision and management of government investment projects in accordance with their respective responsibilities.

    Fifth government investment control management should follow the estimated project cost estimates, budget control, control of the budget and final accounts of the proposed principle.

    Sixth in the Government survey, design of investment projects, feasibility studies, consulting, assessment, supervision, equipment and materials procurement, evaluation procedures, development and reform commissions and other regulators, industry authorities should make full use of social technology, promote service outsourcing, and continuously improve the level of government investment and management.

    Chapter II management and project planning Article seventh reserve system for government investment project implemented projects.

    Development of medium-and long-term plan for national economic and social development, regional planning, special planning and development of government investment project construction plan proposed by the relevant departments in charge of industry and project owners to carry out preliminary work in government investment projects, development and reform organization of evaluation in government investment project repository.

    Items for inclusion in the Government investment plan, should be selected from the Government investment project repository.

    Article development and reform Department shall, in conjunction with finance, relevant departments in charge of industry on the establishment plan for government investment projects, after approval by the people's Governments at the corresponding level, and given to the project owners plan for government investment projects.

    Government investment needed adjustments in the implementation process of the project plan, by the development and reform authorities and the financial authorities under adjustment programmes, relevant industry, reported the people's Governments at the corresponding level for approval.

    Nineth government investment projects should be funded or clear sources of funding funding is not implemented or not clear, shall not be included in the annual plan for government investment projects.

    Article tenth of financial departments shall prepare an annual capital budget, and according to the annual government investment in the project plan and budget, in accordance with the budgetary level, funding programs, process, the proportion of investments allocated project funds.

    Chapter III administration project approval

    11th government investment project shall, in accordance with the limits of authority and procedures in approving project proposals, feasibility studies, preliminary design and project budget estimates before the construction.

    In implementation of the relevant laws, rules and regulations in the process of development and reform commissions can be combined with specific Government-invested project type, building size, building conditions, and so on, through mergers, such as approval of the project proposal and project feasibility study report, simplified approval process.

    12th declared the Government investment project proposals should meet the following conditions:

    (A) plan for national economic and social development plans, as well as related industries development plan;

    (B) in accordance with urban planning, land-use planning;

    (C) in line with national industrial policies, environmental protection standards;

    (D) meet other requirements stipulated by laws, rules and regulations.

    Items for inclusion in government investment project plans, project proposals presented by the project owner, after review by the relevant departments in charge of industry, approved by the development and reform Department.

    Article 13th after approval of the project proposal, project owners based on the approval of the project proposal to the planning, land and resources and environmental protection departments to apply for planning permission, land pre-trial and environmental impact assessment procedures, and delegate to the advisory bodies to prepare qualified engineering feasibility study report, after review by the departments in charge of industry, development and reform Department for approval.

    Article 14th project feasibility study should include the construction scale, site selection and geological conditions, engineering, energy analysis, environmental impact, bid plan, estimates and the financing plan and so on, and the building programmes, engineering, site selection, equipment selection, selection and optimization of relevant content comparison.

    15th and social public interest or may have a significant impact on the public life of Government-invested projects, project owner shall petition risk assessment in feasibility study stage.

    Petition includes risk assessment for planning permission, land expropriation, housing demolition caused by the possibility of petition problems and risk analysis.

    16th development and reform in approval of the project proposal and feasibility report for consultation should be organized to assess and consult the views of the relevant departments in charge of industry and financial.

    To the general concern of the general public or to the economic, social and environment can have a significant impact on government investment projects, development and reform should be taken to solicit the public's views in several ways.

    Article 17th project owners shall entrust a qualified design with reference to the approved feasibility study report of preliminary design and project budget.

    Design units should be strictly in accordance with the relevant codes, follow the principles of estimation control budget, limited design.

    Preliminary design and construction of the project budget to determine content and scope of construction standards shall not exceed the approved the feasibility study report, and shall identify the building standards, land use, the individual project or project content, material, and equipment selection, and so on.

    Article 18th preliminary design and project budget should be undertaken by development and reform Department or the Industry Department commissioned engineering advisory body for review, after consultation with the financial sector and for approval.

    Article 19th project feasibility study estimates more than over 10% of the approved investment amount, project feasibility study report shall be in accordance with the provisions of declaration.

    20th project owner should be in accordance with the approved preliminary design and project budget for construction drawing design and tendering or means of identifying qualified engineering consulting institutions construction budget.

    Construction budget should be controlled within the approved project budget, determines the cost.

    21st government investment project construction bidding by project owners qualified engineering advisory body or its designee in accordance with national standards established using valuation based on engineering quantity list bidding; no reserve price shall, in determining the bid cost.

    Bidding and tendering in construction cost control should be within the budget limits.

    22nd project owner and the construction unit shall conclude a written contract in accordance with the tendering documents, agreed contract price.

    After the content of the price agreed in the contract, parties may not contract be established consistent with the substantive content of the bidding documents or contracts other protocols.

    23rd government investment project investigation, design, consulting, construction and supervision of important equipment and materials and construction-related purchases, such as, should be consistent with the People's Republic of China bidding law and other tendering and bidding management rule.

    Article 24th progressive implementation of financial centralized Treasury payment system of government investment project.

    The fourth chapter project management

    25th government investment projects should be carrying out project legal person system.

    Development and reform Department in project construction feasibility study or project legal person in reply.

    26th government investment operations not project how project owners and government investment projects should be closely associated with the block implementation of the agent-building system.

    Project for the implementation of agent construction system, development and reform Department at the project proposal or feasibility study report in reply to clear.

    Agent construction system in these measures refers to project owners or delegates through public bidding, select specialized units responsible for the implementation of project management, strict control of project investment, quality and duration, after acceptance transferred to use the unit.

    Agency construction system of management measures shall be formulated separately by the municipal people's Government.

    27th the preliminary project design and project budget for any of the following circumstances, submitted to the original examination and approval authority for approval can be adjusted:

    (A) the main function, the scale of the project and construction standards need to change;
(B) due to unpredictable factors such as the condition of engineering construction, the project design is absolutely necessary to change;

    (C) project-related changes in land expropriation, housing demolition costs;

    (D) the main cost factors such as building materials, labor, cost change significantly.

    28th in the course of project implementation, project budget for one of the following circumstances shall be again submitted to the original examination and approval authority for approval:

    (A) the project construction and installation engineering change cumulative excess construction and installation engineering budget cost more than 10%;

    (B) the individual engineering changes costing more than 5 million Yuan;

    (C) significant changes in the main function of the project or major design change;

    (D) the Government invested over 200 million yuan of traffic, construction, water conservancy projects and more than 100 million yuan in agriculture, social programs and other major projects in the process of implementing changes cost more than project estimation 10% above or change cost more than 50 million yuan of the total. 29th the Government investment project after project completion, project owner shall prepare a project budget and final accounts, review of investment projects by the Government audit institutions, the financial sector, and the financial sector the completion formalities.

    Among them, the Government investment projects included in the annual audit plan, audit institutions shall be subject to audit before they can go through the final accounting procedures.

    30th Government after completion of the investment project should be undertaken by development and reform commissions or the competent authority concerned shall organize a final acceptance.

    Government investment projects without reviewing and auditing departments audit as required by the financial Department, not the acceptance formalities.

    31st government investment after the completion of the project, project owner should be in accordance with the relevant provisions of the property right registration.

    Supervision and administration of the fifth chapter

    32nd government investment projects should be prominently on the construction site of the project owners, prospective design, construction units, supervisor names and other information for public notification.

    Any unit and individual have the right to report the Government investment project approval, construction and operation of administrative violations.

    Development and reform authorities should set and telephone hotlines, Web sites, and mail.

    Article 33rd development and reform commissions and other regulators, industry authorities should in the process of strengthening the construction of government investment project construction quality, safety monitoring and management, and to establish communications and sharing system.

    Implementation of the track audit system for major government investment projects, the audit institution to audit the whole process of project construction, creating the necessary supervision and restriction mechanism. Article 34th major project inspection agencies in accordance with the relevant provisions of the State Inspectorate imposed on government investment projects.

    To find the problem, should be rectification; inadequate for serious or rectification, by the development and reform the project owners to report criticism, suggestions to suspend projects, such as grant, revoke. 35th after the implementation of the evaluation system of government investment project.

    After a major project is put into operation, related departments in charge of industry organized by the development and reform on the project's early work, implementation, project quality, investment efficiency and ecological benefits, social benefits for project evaluation.

    The sixth chapter legal liability

    36th project owner has one of the following acts, development and reform commissions and other regulators, the competent authority in accordance with their respective responsibilities, to be ordered to rectify, and project owners shall be affixed directly in charge of personnel and the other human responsibility:

    (A) not complying with the capital construction procedures relevant formalities work without authorization;

    (B) without approval, change design, improving construction standards, increased building content;

    (C) is not subject to bidding according to law or by any other means of circumventing the tender;

    (D) not complying with the regulations of acceptance or acceptance or acceptance of the nonconforming use;

    (E) other acts contrary to the provisions of relevant laws and regulations and these rules.

    37th engineering advisory bodies, such as agencies and their staff fraud or assessment conclusions serious misrepresentation, Zhejiang Provincial social intermediary organizations in accordance with the provisions of the regulations will be punished.

    Article 38th development and reform commissions and other regulators, Industry Department, one of the following acts, the Inspection Department shall investigate directly in charge of personnel and other persons directly responsible of responsibility:

    (A) in violation of this article 12th, 13th, 16th, 18th article, not complying with the conditions and procedures prescribed by approved project proposals, feasibility studies, preliminary design and project budget;

    (B) violation of these measures stipulated in article 27th and 28th, is not adjusted for cases as provided for preliminary design and project budget.

    The seventh chapter by-laws

    39th article of the township government, investment, non-State-owned enterprises to use State-owned assets management of government investment projects and Government promises to buy back government investment projects, in accordance with the measures for management. 40th these measures shall come into force on November 1, 2009.