Jiangxi Province, A Major Construction Project Inspection Methods

Original Language Title: 江西省重大建设项目稽察办法

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Jiangxi province, a major construction project inspection methods

    (August 18, 2008, Jiangxi provincial people's Government, the 8th Executive meeting on August 20, 2008, Jiangxi provincial people's Government, the 169th announced as of October 1, 2008) first to strengthen the oversight of major construction projects to ensure major construction project quality and safety, improve investment efficiency, according to the relevant regulations of the State, combined with the facts of the province, these measures are formulated.

    Second approach applies to national or provincial capital, finance, approved by the provincial development and reform commissions review, and after review by the provincial development and reform Department submitted to the provincial people's Government or the national development and reform Department for examination and approval on major construction projects.

    Inspection of major construction projects in these measures refers to in accordance with relevant laws, regulations and rules and the regulations on major construction projects or major part of the whole process and the examination and approval of activities relating to the supervision and inspection of the contents.

    The third inspection of major construction projects, and adhere to the law, objective and fair, the principle of seeking truth from facts. Article fourth provincial development and reform Department is responsible for the inspection of major construction projects.

    Inspection of major construction projects, Office of the Ombudsman (hereinafter provincial inspectorate Office) specific inspection of major construction projects.

    Provincial inspection Office shall perform the following duties:

    (A) the supervision and inspection inspection units to implement relevant State laws, regulations, rules and policies;

    (B) the supervision and inspection of major construction projects bidding, project quality, schedule, and so on;

    (C) the supervision and inspection of major construction projects, budget control of the authenticity and legality of use of funds;

    (D) the inspection unit to be mainly responsible for the evaluation of management, rewards and punishments proposed recommendations;

    (V) follow-up rectification of major construction projects;

    (Vi) other duties stipulated by laws, rules and regulations.

    Article fifth province Inspection Office shall, in accordance with the province's fixed assets investment plan and implementation of major construction projects each year, before the end of March to develop inspection plans for major construction projects this year, by the provincial development and reform Department finance, audit and other relevant departments to determine later submitted to the provincial people's Government for the record. Sixth provincial inspection Office shall check and inspection of major construction projects planned for the year.

    The national development and reform Department and organization of provincial inspection of major construction projects, and provincial inspection Office shall organize a check.

    Seventh provincial inspection Office to carry out inspection work should be based on the inspection team of inspection matters, each check group equipped with at least 2 inspectors, inspectors selected from provincial inspection staff.

    Provincial development and reform Department in accordance with the needs, can organize inspectors and provincial financial joint inspection, audit and other relevant departments, can also employ professional and technical personnel to participate in inspection work.

    Article eighth inspectors shall satisfy the following conditions:

    (A) the knowledge and implementation of relevant laws, regulations, rules and policies;

    (B) principled, honest and loyal to their duties, keep it a secret;

    (C) be familiar with project construction and management, or the financial, auditing, engineering technology and expertise, and comprehensive analysis and judgment accordingly.

    Nineth challenge system of inspection work.

    Provincial inspection inspectors may not be sent until its had jurisdiction, have worked for major construction projects or their close relatives to serve as check and unit senior managers of work units engaged in the inspection of major construction projects.

    Inspectors and is of interest in inspection matters, shall voluntarily withdraw.

    Article tenth province Inspection Office shall implement check 3rd, served a notice of inspection to the inspection unit, if necessary, check and you can directly check and notice the implementation of inspection.

    11th when implementing the inspection the inspection group, can take the following approach:

    (A) hear the check Unit Chief reporting about major construction projects, held in check and check and matters relating to the meeting into inspection and inspection matters relating to the Conference;

    (B) inspection inspection units on major construction projects engineering data, financial and accounting, as well as other relevant information and, if necessary, may require that the inspection unit head of instruction;

    (C) to investigate into the scene of a major construction project to verify the situation;

    (D) to participate in major construction projects construction units and personal information;

    (E) to the financial, auditing, construction related sectors, such as understanding the inspection unit with major construction projects, engineering quality;

    (F) according to the problems identified, survey, design, construction, supervision and other related units involved in extending inspection, verify the information.

    In accordance with work requirements, inspection report of the Group of province Inspection Office approval, may entrust a qualified intermediary service organization provides inspection, verification and other services.

    12th check unit shall be subject to inspection group to check, provided to the inspection team and the construction of major projects related to the documents, reports on major issues in the process of construction and management, be destroyed, deny, conceal or falsify information on the file.

    13th provincial people's Government departments and the district municipalities and the County (city, district) people's Governments shall support and coordinate inspection the inspection work of the group, provided to the inspection team was information and data relating to the inspection unit.

    14th province development and reform of the Department should be strengthened with the provincial finance, auditing and supervision departments as well as financial institutions such as the contact, inform each other of the situation, avoid duplication checking.

    15th inspection group to problems discovered in the inspection work should be to check to verify the situation and listen to the views.

    Inspection group found in the inspection of major construction projects there are serious quality, ecological environment, security issues and other emergencies, shall take appropriate measures in a timely manner, and thematic reports to the provincial Office for inspection and the relevant departments, the departments concerned should be dealt with according to law. 16th inspection groups should be within 20th after the end of the inspection, submission of the inspection report.

    Inspection reports include: major construction project analysis, implementation and evaluation of the situation, existing problem, inspection unit views, suggestions and so on. Inspection report by the provincial inspection after the audit submitted to the provincial development and reform Department, by the provincial development and reform Department based on the authority of inspection results.

    Serious problems of major construction projects, the provincial development and reform Department shall timely report to the provincial people's Government.

    Article 17th province development and reform authorities should take appropriate written feedback to the inspection unit inspection conclusions and check conclusions inform provincial authorities, districts and cities where major construction projects, County (city, district) people's Government. Inspection Unit to check and disagrees with the conclusion, from the date of receipt of the relevant written material within 15th written review application to the provincial development and reform Department. Provincial development and reform Department shall review the applications received within 30th of separate personnel review, and review of, the applicant.

    Is there are still dissenting opinions by inspection unit to review, you can appeal in accordance with law.

    Article 18th inspectors when implementing the inspection shall not be any of the following acts:

    (A) disclosure of State secrets and the inspection units trade secrets;

    (B) accept, any gift, remuneration, the inspection unit welfare benefits;

    (C) the reimbursement of expenses in check;

    (D) participation in the inspection arrangements, organized or paid for meals, entertainment, travel, visits and other activities;

    (E) Inspection Unit for personal gain for themselves, relatives, friends, or others;

    (Vi) taking advantage of his position to seek other benefits.

    Article 19th inspectors, one of the following acts, shall be given sanctions by the relevant authorities constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) to check the major discipline problems not occult or gross negligence;

    (Ii) Inspection Unit of colluding to make up a false inspection report;

    (C) violations of the provisions of article 18th.

    20th article was JI Justice units has following behavior one of of, by province development and reform sector ordered deadline rectification, give warning or informed criticism; plot serious of, made freeze, and suspended allocated national and province construction funds, suspended project construction, and or suspended about set district city, and County (city, and district), and about sector similar new project review approved and construction funds arrangements of processing decided:

    (A) violation of project construction program, started construction without authorization;

    (B) not according to laws, rules and regulations relating to tendering and bidding management for bidding or avoid, refuse to accept the tender and bid activities oversight;

    (C) fraud defrauding of government investment and financing;

    (D) use of funds does not meet the investment budget and the provisions relating to the financial system, appropriate or embezzlement of project funds;

    (V) alter building size, construction, construction standards and address;

    (F) violations of the relevant provisions, resulting in the project was seriously lagging behind;

    (VII) construction project management, causing serious consequences;

    (VIII) other violations of construction regulations.

    Provincial development and reform authorities to freeze, suspend the allocation of national and provincial funding, or the decision to suspend project funding arrangements, involving rights and responsibilities of the financial sector, financial departments of the province.

    Processing of the inspection unit, relates to provincial government departments or districts and cities, County (city, district) people's Government functions and powers, transferred by the provincial development and reform Department provincial relevant departments or districts and cities, County (city, district) people's Government according to law.

    Major decisions, should be submitted to the provincial people's Government.
21st article Province Government about sector and set district city, and County (city, and district) Government on was JI Justice units of processing results, should CC (reported) Province development and reform sector; Province Government about sector or set district city, and County (city, and district) Government on was JI Justice units of violations not for processing of, province development and reform sector can reported to the Province Government ordered about sector or set district city, and County (city, and district) Government law made processing.

    22nd survey, design, construction, supervision and tendering Agency and other organizations, are involved in the process of major construction projects construction, of violations of law, rules, regulations, and by the provincial development and reform Department or other relevant departments according to their respective duties according to law.

    23rd Inspection Unit has one of the following acts, by the relevant departments of the responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) refuses or obstructs the inspectors to perform their duties;

    (B) refuse or delay of the circumstances and the information provided to inspectors;

    (C) destroy, conceal, falsify information on the file;

    (D) one of the situations listed in the article 20th.

    24th national or provincial capital, financing, districts and cities and counties (cities, districts) sector development and reform of examination and approval of construction projects, determined by the provincial development and reform Department needs to check, in accordance with these rules. 25th article of the rules take effect on October 1, 2008.