Handan City Government Investment Project Management Approach

Original Language Title: 邯郸市政府投资项目管理办法

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(November 8, 2005, Handan people's Government at the 41st Executive meeting on December 23, 2005, Handan people's Government promulgated as of January 1, 2006, 110th) Chapter I General provisions article standardize Government behavior, project management, in accordance with the relevant laws and regulations and the spirit of the decision of the State Council on the reform of investment system, combined with the city's actual, these measures are formulated. Government investments in these measures in article, refers to the use of the fiscal budget, external funding, or using Government funds as a source of repayment of the loan of capital construction projects.
    Includes all investment and government investment projects.
    Government investment projects of the Central and provincial government funds, according to relevant regulations of the State, provincial management. Article direct government investment and capital injection, the level of government investment project, the application of this approach.
    Main including: (a) party of organ, and NPC organ, and administrative organ, and CPPCC organ, and judicial organ, and civic of construction project; (ii) technology, and education, and culture, and health, and sports, social career construction project, traffic, and water, and agricultural, and forestry, and livestock, based facilities project, city based facilities construction project; (three) major industry structure adjustment optimization project and high-tech industrialization project; (four) Municipal Government determine of other project.
    Fourth article government investment project of implementation should insisted following principles: (a) investment project to meet national about provides; (ii) into economy and social development planning; (three) insisted science, and democratic of decision mechanism; (four) funds arrangements to living within our means, and balanced, and guarantees focus; (five) strictly implementation capital management program; (six) strictly according to approved of investment, and scale, and standard for construction.
    Fifth of municipal development and reform Department responsible for government investment project approval, planning and implementation of the plan of supervision and inspection of each year, beginning last year, the Government plans to report to the Government on the implementation of investment projects.
    Key construction project of the city Inspection Office of the Ombudsman was responsible for government investment project implementation check.
    Municipal Finance Department responsible for government investment funds, monitoring of financial management and project budgets, settlements, and audit of completion final accounts.
    Municipal building, the Planning Department is responsible for government investment project construction supervision and management, planning.
    Municipal audit law to audit the Government-invested projects, the focus of government investment construction project auditing on a regular basis.
    Municipal supervision Department is responsible for monitoring investment projects involving the relevant functional departments of the Government administrative duties, investigate and deal with violations of government investment project construction process.
    Municipal Department of land and natural resources, environmental protection and other related work according to their respective functions.
    Chapter Sixth approve projects requiring government-invested construction projects (including special funding arrangements for relevant departments directly under the construction project) and by the Administrative Department of the project submitted project proposals to the municipal development and reform Department, unified into the Government investment project repository.
    Article seventh project proposals to deal with the necessity of project construction, the proposed location, proposed scale, investment, financing and initial analysis of economic and social benefits.
    Eighth in the last quarter of each year, in conjunction with the municipal development and reform Department financial, construction, planning, land and resources, environmental protection, auditing, monitoring and other relevant departments, to review the proposed project for next year, initially identified the scale of project construction and investment.
    Financing projects required matching funds, and reviewed by the financial departments supporting sources, comments.
    Nineth of municipal development and reform should be based on national economic and social development plan of General requirements, together with related departments directly under the Municipal Finance Department provides annual funding amount, complete financial review and project assessment, at the end of each year before the annual government investment projects under the preliminary arrangement, reported that the Municipal Government confirmed. The tenth government investment project after determined by the municipal government, the municipal development and reform Department approved the project.
    Projects should be approved by the superior development and reform Department, according to the procedure report. 11th on the economy, society and the environment has a major impact on Government-invested projects and approving the project should be solicited before the community and public opinions.
    Major items should implement the expert appraisal.
    The 12th after approval of the project proposal, the project unit should be entrusted to qualified advisory agencies in accordance with State regulations, preparation of feasibility studies.
    Submit feasibility study report of the project, shall be attached the following documents: (a) environmental impact assessment document of approval issued by the Environmental Protection Department, (ii) project documents issued by the Department of land and resources, (c) project site comments issued by the City Planning Department (book), and (d) other documents to be submitted.
    13th the feasibility study should be evaluated by a qualified consulting agency, according to the municipal development and reform Department assessments of the Advisory issued by the Advisory Agency for approval.
    14th after approval of the feasibility study report of the project, design units should select the corresponding qualification of the tender in accordance with the approved feasibility study report for programme design and preliminary design. Preliminary design proposal should include all costs of construction of the project. 5% of the total investment budget shall not exceed the approved investment estimates, it should be reconsidered for approval.
    Municipal development and reform authorities should organize experts to review the preliminary design and estimate, based on review comments on the preliminary design and budget for approval. 15th of municipal development and reform according to the different characteristics of the project and the actual situation, merging or reducing certain approval, but not allowed to increase.
    Project feasibility studies and preliminary designs and estimates without review or preparation work does not meet requirements, shall not be approved.
    Chapter 16th annual plan municipal development and reform Department under the Municipal Government confirmed the preliminary arrangements for the annual government investment projects and project progress, draft plan prepared at the beginning of each year the Government investment projects, reported to the municipality for approval.
    Special funding arrangements for the construction project of the company into government investment annual plan for the project.
    17th annual plan for government investment projects should include the following elements: (a) the annual gross government investment, (ii) Organization of rehabilitation, new construction, early project; (c) should be noted.
    18th annual government investment in municipal finance department under the municipal government approved project plan annual project budget.
    19th annual plans approved by the municipal development and reform commissions in accordance with the Government, according to the timely release of the implementation of the project investment and construction plans. 20th annual plan is being implemented in government investment projects, absolutely necessary to adjust the annual government investment in new projects or increase or decrease, the municipal development and reform Department together with the municipal financial Department in the third quarter of the year the adjustment plan, reported to the municipality for approval.
    Without approval of the established procedures, no unit or individual is allowed to change. 21st chapter fourth project construction management of government investment projects, the implementation of legal person responsibility system.
    Non-commercial government investment projects, tenders and other ways that you can choose a professional project management unit, responsible for project implementation. 22nd government investment project investigation, design, construction, supervision and required major equipment and materials procurement through public bidding according to law.
    Fall within the list of government procurement of goods, services, and Government procurement. 23rd project unit in accordance with the approved preliminary design selected by tender construction design unit, designed units must be approved in accordance with the preliminary design and construction of scale, budget for the construction design and preparation of project budgets. First instance by the competent departments of the project budget, submitted to the municipal financial department.
    Budget in excess of budgetary estimates, should be redesigned or renewed approval. 24th construction drawing design shall not be changed without permission.
    Needed major changes, adjust your design budget, according to the original examination and approval procedures for approval before implementation. 25th Municipal Finance Department under the infrastructure program, the annual investment plan, the annual expenditure budgets, project progress in disbursement of funds. With capital investment project, the municipal Treasury disbursement of funds the city construction investment company.
    City construction investment company on behalf of the Government to exercise principal rights, regulate the operation, to ensure capital preservation and appreciation.
    26th Government in accordance with the approved investment project design document completed, should be completed in time project completion final accounts establishment, reported the Ministry of finance approved. 27th article in the professional acceptance based on municipal development and reform Department to organize comprehensive acceptance of government investment projects.
    Urban construction, transportation, water conservancy, education general acceptance by the municipal departments in charge of industry, the municipal development and reform Department.
    28th operations not Government property registration of investment projects should be handled in a timely manner, without property rights registered projects shall not be delivered. Fifth chapter legal liability article 29th after completion, such as accounts of budgetary overrun, the project unit should be available to write a report of the municipal government. Monitored by municipal finance and audits, in conjunction with relevant departments to analyze the reasons, identify responsibilities.
    Violates the provisions over budget for the project, construction unit head and persons directly responsible shall be investigated for criminal responsibility. 30th article project units has following behavior one of of, ordered deadline rectification, and law held project units head and directly responsibility people of administrative responsibility, plot serious of, give demoted, and dismissed or fired disposition; constitute crime of, law held its criminal: (a) not by provides perform about program unauthorized starts of; (ii) without approved unauthorized change construction standard, and construction content, and investment scale and land uses of; (three) not law organization tender or Government procurement of; (four) transfer, and
    Appropriation or diversion of construction funds, and (v) delays the acceptance formalities, or failed delivery without acceptance or acceptance, and (vi) not initiated or completed in a timely manner, without proper justification, and (VII) other serious violations of the provisions of these measures.
    31st article Government about sector has following behavior one of of, ordered its deadline corrected, and law held sector main head and directly responsibility people of administrative responsibility, situation serious of, give demoted, and dismissed disposition; constitute crime of, law held criminal: (a) violation this approach provides approved project proposal, and feasibility research report, and preliminary design and the estimates file of; (ii) no into government investment project annual plans, unauthorized starts construction of; (three) illegal allocated construction funds of;
    (D) violations of other provisions relating to the approval and supervision of management.
    Article 32nd Advisory evaluation intermediary institutions in the Government consultation assessment of investment projects to deception or evaluating conclusions serious misrepresentation, prohibited within three years of its work on government investment projects evaluation during the consultation process, resulting in the loss shall bear liability, constitutes a crime, criminal responsibility shall be investigated according to law. Article 33rd investigation, design, construction, supervision must be responsible for surveying, designing and construction quality.
    Of major Government-invested project quality accident, and lawfully investigate the relevant heads of units and direct responsibility of administrative responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    34th State organs and staff of the relevant units in the Government investment project construction process abuse their powers, neglect their duties, favoritism, bribe, shall be subject to the administrative responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 35th project units, reconnaissance and design units, construction unit, supervisor's name and the names of those responsible in government investment project construction site and the prominent position after the completion of the building or structure. Article 36th report to the relevant government departments should be set and published telephone, website and email.
    Any unit and individual have the right to report government investment decisions, building violations in the implementation.
    The sixth chapter supplementary articles article 37th counties (cities, districts) of government investment project management in accordance with the measures implemented.
                                      38th article of the rules implemented on January 1, 2006.