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Ningxia Hui Autonomous Region, Non-Operational Measures For Government Investment Project Construction Management

Original Language Title: 宁夏回族自治区非经营性政府投资项目代建制管理办法

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Managing the non-commercial government investment project in the Nin summer Autonomous Region

(The 27th ordinary meeting of the Government of the People's Party of the New summer Autonomous Region, held on 17 February 2009, considered the adoption of Order No. 13 of the People's Government Order No. 13 of 24 February 2009, which came into force on 1 April 2009)

Chapter I General

Article 1, in order to introduce a non-consistency government investment project generation, regulate the conduct of generation, improve the level of project construction and investment benefits, guarantee the quality of the project, save project funds and develop this approach in the light of the provisions of the relevant laws, regulations and regulations.

Article 2

Article 3. This approach refers to the selection of specialized project management units (i.e. project generation units) through competitive means, such as tendering, responsible for the implementation of non-consortized government investment projects, strict control of project investments, quality and work periods, security of construction, and the system for transfer of units after completion of the project.

Article IV.

(i) Construction projects such as office accommodations of organs, groups of people;

(ii) Social construction projects such as scientific research, education, culture, health, sports and civil affairs;

(iii) Construction projects such as environmental protection, municipal facilities and ecological governance.

Article 5. Total investment is more than 1,000 million dollars and government investment projects accounting for more than 70 per cent of total investment are introduced in generation. However, projects involving national security and State secret are excluded.

The non-commercial government investment projects that are less than the previous set of criteria are encouraged to introduce generation.

Investment standards for the introduction of a generation-based construction project (hereinafter referred to as the post-generation project) need to be adjusted, with the development of the self-government sector reform and the fiscal sector being developed and the publication of implementation by the Government of the People of the Autonomous Region.

Article 6. The development reform sector is responsible for the implementation, guidance and monitoring of the management of the generation projects invested by the current Government.

The financial sector is responsible for overseeing the management of the funds used by the generation of government investments.

The relevant departments, such as inspection, audit and construction, are responsible for the management of oversight relating to the activities carried out by the project.

Article 7. The standard of replacement costs is determined by the financial, price sectors.

The standard of cost-building should be open to society.

Chapter II Project regulation

Article 8. The development reform sector should perform the following responsibilities:

(i) To study the development of a project management system;

(ii) Approval of the replacement programme and the preparation of the text of the contract;

(iii) The identification of replacement units and engineering units with inspection agencies and project use units;

(iv) A replacement contract with the project Generation Unit, the project use unit;

(v) Examination of the quality, safety, progress, scale, standards and financial use of the project, and coordination of the major issues in project construction;

(vi) The completion of the project by organization.

Article 9. The development reform sector has found that there are violations committed by the project Generation Unit in the course of project construction, which should be criticized for correcting and serious circumstances and should suspend the implementation of the contract.

The auditing authority should provide for the disbursement, use of the funds for the generation, follow-up audits, regular publication of the use of the funds for the construction of the project and publication of the final audit results at the end of the audit.

The construction of administrative authorities should conduct monitoring inspections of the quality of the construction units of the project, the qualifications of the engineering unit and the performance of the project's work against the standards, quality, security, etc., and the timely identification of violations committed by the Office.

The inspectorate shall monitor the executive organs responsible for the implementation of the supervision of the project and the organizations and their staff authorized by other State bodies and laws, regulations and regulations governing the functioning of public affairs.

Article 10. The executive authorities, such as development reform, construction, shall carry out oversight inspections of the generation projects in accordance with the law and shall not seek or receive the property of the relevant units and shall not seek other benefits.

Any unit or person of Article 11 shall be entitled to report on violations committed in the operation of the project.

The functional departments that have received reports should promptly investigate, deal with them in accordance with the law and deal with the feedback of the results and may be made available to society.

Chapter III Project generation

Article 12 project generation units shall have the following conditions:

(i) Accreditation of independent corporate persons;

(ii) The quality of engineering advice that is adapted to the generation of construction projects or the quality of engineering design, the qualifications of the engineering office, the quality of real estate development, and the quality of the construction contractor;

(iii) The corresponding economic strength;

(iv) A project-building management experience and good credibility.

Article 13 project generation units and engineering units shall be determined by solicitation or by way of selection.

The establishment of the project Generation Unit and the engineering institution should be guided by the principles of openness, equity and justice.

Article 14. The development reform sector is between the project Generation Unit and the Project Use Unit, and the Project Generation Unit should be concluded by law to clarify the rights and obligations of the parties.

Article 15 project generation units should comply with the following provisions:

(i) Provision of performance guarantees for the generation of projects in cash or banking letters, amounting to 30 per cent of the project cost of the construction services. The manner and amount of specific performance guarantees shall be set forth in the contract of generation;

(ii) The unit or a unit with which the unit is affiliated shall not be tasked with the investigation, construction, supervision, installation, supply of equipment in the project of generation;

(iii) The procurement of tenders for project surveying, design, construction and equipment materials by law and the written report on the development reform and financial sectors of tenders;

(iv) The construction process, such as construction permits, is governed by law;

(v) Accreditation units and construction enterprises to perform the safety and quality control functions of the project;

(vi) Fund use plans to the financial sector, based on progress in the construction and financial needs of the project;

(vii) To regularly report on progress and financial use of project construction projects to development reform, the financial sector and project use units;

(viii) To collate technical information on completed construction projects and to process asset delivery procedures for project use units;

(ix) No transfer to others of the proposed replacement project;

(x) No combination of survey, design, construction, supervision, supply of equipment and project use units shall be made to gain undue interest or undermine national interests and public interest.

The performance bonds set out in paragraph 1 above are charged by the development reform sector and no units and individuals may divert the performance bonds.

Article 16 project use units shall comply with the following provisions:

(i) Organizing project feasibility studies to plan, build, land resources and the environment-related reporting process;

(ii) To provide information on the construction needs of the project construction programme and the generation of construction programmes, the use of functionalities and standards;

(iii) To complete the clearance and dismantling of project construction sites;

(iv) Participation in project design reviews and solicitation of tender monitoring;

(v) Financing self-financing funds in the generation projects;

(vi) To monitor the quality of work, construction safety and construction of the project and to participate in the work inspection;

(vii) No collusion with the project Generation Unit or construction, treasury units shall undermine national interests or public interest;

(viii) Non-compliance with project funds and financial management provisions.

Article 17 project generation units and project use units shall not be allowed to change the scale, standards and content of the construction of the project; changes are required and written requests should be submitted by the project Generation Unit or the project use unit for approval by the project approval sector.

The written application shall contain the grounds and the basis for the change and submit the relevant written information.

After receipt of the application by the Project Approval Unit, written decisions should be made at the time of approval or approval.

Items in chapter IV

After the completion of the construction project, the development reform sector should organize project use units and construction-related sectors to conduct engineering tests. It was qualified to process project delivery procedures for project use units; the inspection was not qualified and was constructed by units such as the construction of the Project Generation Unit, until they were eligible.

The Article 19 project use unit shall receive the transfer of assets in accordance with the agreement of the generation contract, and in conjunction with the procedures for the transfer of projects by the Project Generation Unit.

Article 20, after the completion of the construction project, the financial sector has been reviewed, the financial accounts for the project have been saving or fundamentally consistent with the approved preliminary project design estimates or the adjusted estimates, which should be returned in a timely manner to the performance bonds and interest of the project Generation Unit; the additional amount of the project overestimated in excess of the proposed budget should be reimbursed with the amount of performance bonds; the inadequacy of the performance guarantees, and the self-funding of funds from the project-based units.

Chapter V

Article 21 Governments of more people at the district level should provide incentives for investment in effective control projects, ensuring the quality of project works, the duration of work and the security of construction.

In violation of the provisions of this approach by the Second Project Generation Unit, there are one of the following cases where, in addition to the corresponding responsibility for default, no involvement in the generation of construction activities in three years shall be taken into account in accordance with the law:

(i) In violation of the contractual agreement of the project generation, resulting in an increase in investment, an extension of the work period and the poor quality of the work;

(ii) Significant security accidents;

(iii) Contrary with project use units that undermine national interests or public interest;

(iv) A variety of units, such as survey, design, construction, supervision and supply of equipment, which are not legitimate;

(v) Transfer of replacement operations.

Article 23 project use units violate the provisions of this approach by suspending the execution of the project or disbursement of funds, in addition to the corresponding liability for default, accountable to the principal head of the unit and other directly responsible persons, in accordance with the circumstances.

(i) In violation of the contractual agreement of the project generation, the construction of the project cannot be carried out properly;

(ii) A series of construction units or construction, treasury units that undermine national interests or public interest;

(iii) Violations of project funds use and financial management provisions.

Article 24, relevant administrative authorities, such as development reform, and their staff members, violate the provisions of this approach, with one of the following cases, being converted by their units, superior authorities or inspection bodies to the time limit and accountability of the principal and other direct responsibilities under the law:

(i) No generation of construction projects in line with this approach;

(ii) To request, receive or seek other benefits;

(iii) Abuse of authority and favouring private fraud;

(iv) To play a role that does not perform the statutory duties.

Annex VI

Article 25