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Interim Measures For The Xinjiang Uygur Autonomous Region Government Investment Construction Project Management Of Agent Construction System

Original Language Title: 新疆维吾尔自治区政府投资建设项目代建制管理暂行办法

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Provisional approach to investment-building projects by the Government of the Uighur Autonomous Region

(Summit 7th ordinary meeting of the People's Government of the New Boyangur Self-Autonomous Region, 23 March 2009, to consider the adoption of Decree No. 160 of 8 April 2009 by the People's Government Order No. 160 of 8 April 2009, effective 1 September 2009)

In order to deepen investment institutional reforms and increase the level of government investment-building project management and investment benefits, this approach is developed in line with the relevant provisions of the Department of State.

The second State grant and the Government of the self-government sector invest more than 5 million yen or more than 80 per cent of the total investment in the project are being established in accordance with this approach:

(i) State organs, utilities, office buildings and subsidiary facilities of social groups;

(ii) Construction projects such as education, science and technology, culture, health, population and family planning, sports, firefighting, radio television, civil affairs and social security;

(iii) Detention, care, correctional, prison, etc.;

(iv) Other projects in the national and self-governing areas that are in place.

The projects listed in the previous paragraph relate to national security, State secret, response to emergencies or special professional technical requirements, which may not be introduced by the self-government development and reform authorities.

Article 3. This approach refers to the selection of specialized management units in the form of tendering (hereinafter referred to as replacement units), which is responsible for the implementation and management of project organizations, and the system of delivery units after completion of the project.

Article IV should uphold the following principles:

(i) A classification of implementation and progressive diffusion;

(ii) Public, fair and fair;

(iii) Specialization, marketization;

(iv) Enhance investment monitoring and accountability.

Article 5

The competent authorities, such as finance, construction, audit, inspection, are responsible for the management and oversight of the system.

Article 6. The development and reform authorities of the self-government area shall determine whether the project is in place in accordance with article II of this approach, in the form of proposals for projects, feasibility studies, preliminary designs of projects or approval of the government investment plans issued, and whether the project is in place, and in accordance with article 10 of this approach, the form of the organization should be clearly established. The approval documents should be sent to the relevant authorities, such as the same level of finance and construction.

Article 7. The establishment units are determined by the development and reform authorities of the self-government area through tendering; the project set out in article 2, paragraph 2, of this approach provides for the establishment of the posting unit in a direct manner. Prior to the establishment of a generation unit, the development and reform authorities of the self-government area should request information that is consistent with the conditions set out in article 8 of this approach.

Article 8

(i) A legal personality;

(ii) One of the qualifications of category A engineering advice, tier A engineering design, tier A and above-level construction contracts;

(iii) Financial, organizational and project management capacities that are adapted to the assumption of responsibility for generation;

(iv) Other conditions set forth in laws, regulations and regulations.

Article 9. The development and reform authorities of the self-governing area shall be evaluated with the relevant authorities, with respect to the credibility, performance, etc. of the units, and be made public to society.

Article 10. A project may be implemented in the form of an organization constructed throughout the process, or in the form of a former work agent or an organization that builds the operation.

A full process of construction, beginning with the approval of the project proposal and the closure of the project maintenance period; the introduction of the former work agent, acting as a responsible study on the feasibility of the project, the preparation of the initial design; and the introduction of the construction of the operation, and the start of the implementation of the responsibilities of the organization from the preliminary design to the end of the project maintenance period. During the generation of responsibilities, the corresponding legal responsibility should be assumed.

Article 11. Construction of project use units, generation units shall enter into alternative construction contracts that clarify the rights and obligations of both parties. The contract shall be submitted to the competent authorities for the development and reform of the self-government area.

Article 12. Building project use units shall perform the following responsibilities:

(i) Organizing project proposals and proposing project use functionality and building standards based on approved scale and total investment;

(ii) Organizing studies on the feasibility of the project, preliminary project design documents;

(iii) The financing of the self-financing fund and, in accordance with the agreement of the generation contract, the specific fund account for the project;

(iv) A contractual agreement and other responsibilities under this approach.

Article 13

(i) A study on the feasibility of the project, preliminary project design documents will be organized with the use of units;

(ii) Processing of project planning licences, review of construction map design documents, construction licences, quality monitoring, completed inspection receipts;

(iii) Organization of tendering for project surveys, design, treasury, construction units and major materials, equipment procurement, and submit solicitation documents, written reports on tendering and advance contract submissions to competent authorities such as development and reform in self-government zones, construction;

(iv) The signing and management of contracts such as construction, procurement;

(v) Pursuant to the approved scale of construction and total investment, the preparation of the annual capital expenditure budget and the application of the allocation of funds to the financial authorities upon presentation of the required procedures;

(vi) Statement, information, as required, of progress in the delivery of projects to the relevant authorities, quality of work, and financial use;

(vii) The financial accounts for the completion of the project and the delivery of the financial authority;

(viii) To collate, compile and transfer engineering information, archives to the use units;

(ix) A contractual agreement and other responsibilities under this approach.

Article XIV shall not be subject to a subordinate or other stake in the tendering unit; nor shall it be transferred to other units.

Article 15. Specific issues were agreed by the use of units and the replacement units in the generation contract.

The generation of units should be managed in accordance with the scale of construction agreed on by the generation of contracts, the construction of standards, the construction of content and the investment in budget estimates, the control of the overall investment in the project and the quality and duration of the work.

Article 16 shall send monthly reports to the self-government authorities, the financial authorities on progress in the pre-project period of work or the monthly project progress report, in accordance with the form of the organization of the established establishment.

After the establishment of the generation project, it should be completed in accordance with the relevant provisions of the State and the agreement on the construction of the contract; the experience is qualified and the parties can be delivered.

The construction of project use units should monitor progress, quality of works, and use of funds, and participate in the completion of the project.

Article 18

(i) The former work agent, who has been transferred to the project for full information from the pre-project period, within 30 days of the date of approval of the preliminary design of the project;

(ii) Execution of full process generation or construction, and full information on the handover of assets in accordance with the approved asset value within 90 days of the completion of the project's eligibility.

Article 19 should collect, classify, collate, archive and hand over engineering files, financial files and relevant information to the various components of project preparation and construction.

Article 20

Article 21 should strictly implement the financial accounting system of projects in national and self-government zones, and project funds should be earmarked in accordance with the financial management provisions of the national and self-government investment projects.

The scale of construction projects, construction standards, content-building, quality of the works are in line with the generation contract agreement and, after the financial accounts are approved and completed, the saving of the investments in the ADB is allowed to draw up an amount not exceeding 20 per cent of the savings funds, but not more than 2 million dollars. Specific issues are determined in the solicitation of tender documents or in the replacement contract, based on the overall investment in the generation project, the construction of construction conditions.

The increase in investment due to the management of generational units is assumed by an additional investment.

In violation of article 15, paragraph 2, of this approach, ADB provides that self-reduced changes in the scale of construction, construction standards, construction of content and proposed budget investments, or increased investments are reimbursed by PAE for performance bonds; inadequate performance bonds, deduction of project management fees; inadequate project management costs for generation projects; and inadequate project management costs to fund-raising units.

The generation unit consists of one of the cases indicated in the previous paragraph, and no involvement in government investment project generation activities over three years.

Article 24 of the self-government zone develops and reform, finance, construction and other authorities and their staff abuse their functions, play negligence, provocative fraud and bribes, by virtue of law, by the sector or by the administrative inspectorate, which constitutes a crime and hold criminal responsibility under the law.

Article 25

The construction projects other than article 2 of this approach may be introduced in the light of this approach.

Article 27 of this approach is implemented effective 1 September 2009.