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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Ningxia Hui autonomous region, non-operational measures for government investment project construction management

    (February 17, 2009 people's Government of Ningxia Hui autonomous region, the 27th Executive meeting February 24, 2009 the people's Government of Ningxia Hui Autonomous Region promulgated as of April 1, 2009, 13th) Chapter I General provisions

    First to introduce the non-business agent system of government investment project, standardized construction, improve project management and investment benefits to ensure the project quality, save money, according to the provisions of relevant laws and regulations, combined with State practice, these measures are formulated.

    Second autonomous non-commercial government investment projects implemented within the administrative area of agent construction management, these measures shall apply.

    Article agent mentioned in these measures refers to methods such as through public bidding, choose a professional project management unit (the construction agent unit), responsible for the non-implementation of the management of government investment projects, strictly control investment, quality, and duration of the project, construction, project completion and upon the acceptance of the transfer to and use of the system.

    Fourth article this referred to non-commercial government investment projects, including:

    (A) the Office premises of the organs, mass organizations and other projects;

    (B) research, education, culture, health, sports, social programs such as home-building projects;

    (C) environmental protection, municipal facilities, ecological improvement and construction projects. Article fifth with a total investment of more than 10 million Yuan, and government investment accounted for more than 70% of total investment of non-commercial government investment projects, the implementation agent.

    However, except for projects involving State security and State secrets.

    Encouraging lower than the standards prescribed in the preceding paragraph of agent construction management of government investment projects.

    Implementation of agent construction project (hereinafter referred to as generation project) investment criteria need to be adjusted, drawn up by the financial Department of the State reform and development, autonomous region people's Government announced after the execution.

    Article development and reform the organization responsible for the level of government investment construction project implementation, to guide and coordinate the work management and supervision.

    Finance Department is responsible for the level of government investment construction project supervision and administration of the use of funds.

    Monitoring, auditing, and construction departments are responsible for the supervision and administration of construction project implementation activities related.

    Seventh construction cost standards identified by the financial, pricing departments.

    Standard for construction costs should be open to the public.

    Chapter II project supervision

    Article development and reform Department shall perform the following duties:

    (A) the study on the development of construction project management system;

    (B) audit programmes, development of construction contract;

    (C) in conjunction with the supervisory organs and audit to determine the agent used by the project units and project supervisory units;

    (D) project built units, the project uses a signed construction contracts;

    (E) check the construction project of the quality, safety, schedule, scope, standards, and the use of funds, coordination on major issues in the construction of the project;

    (Vi) Organization to build the final acceptance of the project.

    Article development and reform Department construction agent Unit found in violations in the construction process of the project, criticism should be corrected, if the circumstances are serious, shall suspend the execution of construction contract.

    Audit of construction project funds should be allocated, the use of tracking audit, use of the periodic publication of project funds, and announced its final audit results upon completion of the audit.

    Construction administrative departments should be on the project's construction unit, project supervision unit of qualification and project engineering earthquake resistance standards, quality, security, supervise and inspect the implementation of timely investigate and punish illegal behavior.

    Supervisory organs should perform the construction project supervision and management of administrative authorities relating to the construction project and other State organs and legal and authorized rights to administer public affairs functions of the Organization and its staff to monitor the situation.

    Tenth Article development and reform and construction Administrative Department of construction project supervision and inspection, and shall make shall not solicit or accept a relevant property, shall not seek other interests.

    11th no units and individuals on the implementation of project activities in violations of the right to report.

    Receiving the report functions should be investigated immediately and dealt with according to law, and to provide feedback on results of an informer, and the result can be announced to the public.

    Chapter III construction agent system

    12th construction agent unit shall meet the following conditions:

    (A) an independent enterprise legal person;

    (B) project consultation qualification in conformity with Agency construction projects or engineering qualification qualification, qualification of real estate development, construction, project supervision General Contracting qualification;

    (C) have appropriate economic strength;

    (D) project management experience and a good reputation.

    Article 13th project construction units and project supervisory units should be established through public bidding or selection.

    Project construction units and project supervisory units which shall follow the principle of openness, fairness and impartiality.

    14th development and reform and construction agent unit, project uses units, between project construction units and project supervisory units, it shall contract, clearly the rights and obligations of the parties.

    15th construction agent unit shall comply with the following provisions: (A) in the form of cash or bank guarantee providing performance guarantees for construction projects, the amount of the performance bond for the project 30%-50% agent service fees.

    And the amount of performance security shall be set out in the contract;

    (B) the unit or units shall not be affiliated with this unit assumes in construction project surveying, construction, supervision, installation, supply of equipment and materials;

    (C) shall organize project investigation, design, construction and equipment purchase tenders and tendering and the written report on development and reform and the financial sector;

    (D) the construction permits and other construction formalities according to law;

    (E) urged construction supervision unit and construction Enterprise construction project safety and quality supervision;

    (F) under Agent construction schedule and financial needs to the planned use of funds to the financial Department;

    (G) regularly to the development and reform, financial sectors and projects submitted to the progress of the construction project and the use of the funds;

    (VIII) compiled the completion of technical information related to construction projects, to project the use of units for the asset delivery procedures;

    (IX) shall not transfer bid Agency construction project;

    (10) no investigation, design, construction, supervision, equipment and material supply and project complicity to seek illegitimate interest or harm the interests of the State and social public interests.

    First performance bonds to be provided in the preceding paragraph by the development and reform Department management, no unit or individual shall misappropriate performance bond.

    16th project uses units shall comply with the following provisions:

    (A) the project feasibility study report prepared by organizations, is responsible for the planning, construction, land and natural resources, environmental protection and other relevant approval procedures;

    (B) the proposed project solution and construction programmes, functional configuration and the criteria, providing construction information you need;

    (C) land expropriation, demolition work to complete the project;

    (D) participation in bidding for design review and supervision of the project;

    (E) is responsible for the self-financing of the project;

    (F) supervision of construction project quality, safety and progress of the construction of the project, participating in project acceptance;

    (VII) not with construction, supervision of construction agent unit or units of collusion to the detriment of national interests or public interests;

    (H) shall not violate the use of project funds and financial management requirements.

    17th construction agent unit using units shall not alter the construction project and project construction, standards, and content is absolutely necessary to change should be used by construction agent unit or project units written application, project examination and approval Department for approval.

    Written application shall set forth the reasons for the changes and the basis, and submitted the relevant information in writing.

    Project examination and approval Department upon receipt of the application, shall immediately make a written decision of approval or disapproval.

    The fourth chapter project acceptance Article 18th Deputy construction project after the completion of development and reform commissions shall organize project unit and acceptance of construction works and other related departments.

    Acceptance, use units for delivery of the project to the project procedures; unqualified acceptance, construction units and other units for the construction of the project until acceptance.

    19th project using units shall in accordance with the construction contract, acceptance of construction projects, receiving transfer of assets, and with the project handover formalities construction agent unit.

    20th article generation built project completed acceptance Hou, by financial sector audit, project financial accounts than by approved of project preliminary design estimates or adjustment Hou of estimates has savings or basic match of, should timely returned project generation built units of performance margin and the interest; generation built project beyond estimates increased investment of, increased of amount should with performance margin compensation; performance guarantee amount insufficient of, by project generation built units with owned funds compensation.

    The fifth chapter rewards

    21st people's Governments above the county level should be on effective control of project investment, ensuring project quality, schedule and safety, project completion and acceptance of construction agent Unit Awards.

    22nd construction agent unit violates these rules, any of the following circumstances, with the exception of bear corresponding liability for breach, not involved in construction activities in 3 years, and handled by relevant departments shall:

    (A) breach of the project construction contract, resulting in increased investment, extension, construction of substandard;

    (B) major accidents;

    (C) conspire with units used by the project to the detriment of national interests or public interests;

    (D) investigation, design, construction, supervision, equipment and materials supply units, such as collusion, to seek illegitimate interests;

    (E) the transfer of construction business.
23rd project use violates these rules, any of the following circumstances, with the exception of bear corresponding liability for breach, the suspension of the project or the allocation of funds, the unit in charge and other direct liable persons, depending on the seriousness, according to JI responsibility according to law:

    (A) breach of the project construction contract, resulting in projects not work;

    (Ii) construction, supervision of construction agent unit or units of collusion to the detriment of national interests or public interests;

    (C) violation of the provisions of the funding and financial management of the project.

    Article 24th relevant administrative departments for development and reform and in violation of these rules, any of the following circumstances, monitored by their units, the competent departments or agencies a rectification, the main person in charge and other direct liable persons, depending on the seriousness, according to JI responsibility according to law:

    (A) to comply with these rules should be introduced for the generation of agent construction project shall not be built;

    (B) to ask for or accept property or seek other benefits;

    (C) abuse of power, favoritism;

    (Iv) negligence, fails to perform the statutory duties.

    The sixth chapter supplementary articles 25th article this way come into force on April 1, 2009.