The Chongqing Municipal Government Investment Project Management Approach

Original Language Title: 重庆市政府投资项目管理办法

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(November 25, 2003, Chongqing Municipal People's Government at the 18th Executive meeting on December 23, 2003, Chongqing Municipal People's Government released 161th) Chapter I General provisions article I for the establishment of a sound scientific, democratic and efficient decision-making processes and implementation procedures of government investment project, ensure the quality of engineering, improving investment benefit, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Government investments in these measures in article, refers to the use of Government funds, as well as using Government funds as a source of repayment or repayment guarantees of borrowing funds to invest in the infrastructural and public welfare projects.
    The third article of the municipal management of government investment projects to apply this approach.
    Counties (autonomous counties, and cities) of government investment project management in accordance with the measures implemented.
    And the relevant departments of the State Council on Central Government funding for government investment project management otherwise provides, from its provisions.
    Fourth government investment follows the principle of living within our means, and balanced. Fifth of municipal development and reform authorities are responsible for government investment project the preparation of plans and supervise the implementation.
    Municipal finance and construction, auditing, monitoring and other relevant departments according to their respective functions for the Government investment project management and oversight.
    Administration in the Government investment project management process, should safeguard the legitimate rights and interests of the investors other than the Government.
    Chapter project examination and approval article sixth of government investment project shall meet the following basic conditions: (a) consistent with medium-and long-term plan for national economic and social development of the city; (b) in accordance with urban planning, land-use planning and related planning; (c) in line with State industrial policies and environmental protection requirements; (d) it is necessary and feasible; (e) sources confirmed. Seventh government investment project construction or project legal persons or legal persons organizing Committee (hereinafter the project) project application to the municipal development and reform Department. Project application shall provide reports and project proposals and laws, rules and regulations of other materials.
    Project proposals should be in accordance with the regulations for construction projects of which the necessity, feasibility and preliminary analysis of the expected benefits. Eighth municipal government investment project approval of an application by the municipal development and reform authorities pursuant to the relevant provisions after seeking professional review of the relevant administrative departments, meet the conditions for approval, in accordance with State regulations specify that approval approval or transfer to the national development and reform Department.
    Among them, national and key construction projects in the city, the municipal development and reform authorities shall be submitted to approval by the municipal government approval or report.
    Counties (autonomous counties, and cities) in government investment projects, State and municipal government investment grants over projects with a total investment of 20%, or absolute volume of more than 10 million Yuan, and approval in accordance with the provisions of the preceding paragraph.
    Government investment at all levels, government investment capital does not exceed the project 20% and absolute volume not exceeding 10 million yuan of approval these procedures do not apply.
    On urban landscape, public life and the ecological environment construction and protection of government investment projects with significant impact, prior to project approval should be hearings or other means to solicit the public's views.
    Nineth applications for project approval, project unit in order to conduct a feasibility study and preliminary design and other preparatory work.
    Article tenth project unit shall entrust a qualified institution preparation of feasibility studies, planning, land and environmental protection, and industry access and other aspects of the pre, reported to the competent Department in accordance with the relevant provisions of the municipal development and reform sought after professional review of the relevant administrative departments approving or turning.
    Feasibility study report should be in accordance with the regulations for construction projects in technology, engineering, financial resources and comprehensive analysis of the economic benefits and environmental impacts, in accordance with the relevant provisions of the State preparation of tendering for the project programme.
    11th municipal government investment project approval, project proposal and feasibility study report of merger approval, but except for a total investment of more than 10 million yuan of public welfare projects.
    Merger approved feasibility study report of the project according to the provisions of the preceding article.
    Article 12th after a feasibility study is approved, legal uncertainty should be determined according to the relevant provisions of the project Corporation; major public projects and project units do not meet the qualification of project construction management, construction management agency shall be governed by the relevant provisions of Commission, took the project Unit duties.
    Project Unit shall entrust a qualified design units, in accordance with the approved feasibility study report of a preliminary design. Preliminary project design by permission and approval by the relevant administrative departments. Total investment of the project budget for approval by the competent Department of the municipal development and reform the financial sector.
    Preliminary design budgetary estimate feasibility study approved a total investment of more than 10%, the project unit should be in accordance with the procedure provided for in article tenth submitted for.
    General contracting projects including the design, construction, general contractor should assist the employer with the preliminary design and total investment budget for approval. 13th the infrastructure of more than 50 million yuan of government investment projects and more than 10 million yuan of public welfare projects, project proposals, feasibility study report and the total investment budget Advisory assessment by the municipal development and reform Department.
    Without consulting the assessment shall ratify or report.
    Chapter III article 14th annual investment plan to prepare annual plans for government investment projects should be based on the current, taking into account the long-term; balance maintenance and debt service and relationship building; funds ensure the construction of key projects, prioritizing outstanding completed projects to ensure continuous construction project to spend.
    15th annual government investment by the municipal development and reform authorities, financial sector, and developed in conjunction with relevant departments, included in the draft plan for national economic and social development, by the municipal people's Congress considered implementation.
    16th the Government investment by the municipal development and reform Department adopted annual investment plan balance arrangements to the specific project.
    Annual investment plan is based on the city's long-term economic and social development planning, completion of the Government-invested projects and the municipal people's Congress examined and adopted the annual government investment in preparation and issued after consultation with the related departments implement the relevant provisions. Annual investment plan should be strictly enforced.
    Implementation of needed adjustment, planning, releasing the program as planned. 17th preliminary design and overall investment budget for projects already approved, can be used as the launching of new projects in the annual investment plans.
    Not meet the new criteria and be included in the annual investment plan of the year, as the projects included in the annual investment plan, conditions are met before they can be included in the formal implementation of the annual plan.
    18th annual investment plans of the Government investment is managed by the Municipal Finance Department as provided in budget management.
    19th government investments should be accounted for in accordance with the financial systems and accounting systems for capital construction, whose construction funds according to the regulations of the financial department store accounts.
    Project Unit should adhere to the principles of budget control budgets, budgetary control accounts, building in accordance with plans, the scale, the standard use of the funds. Fourth chapter project building 20th annual investment plans of government investment project approval, the municipal development and reform authorities should be given to the project in a timely manner and notify the relevant administrative departments.
    Project Unit, financial sector, with plans to apply for Government funds. 21st item unit shall handle the planning, land use, construction and management procedures, strictly in accordance with the approved design and total investment budget, commissioned to design design and construction plan of the unit in accordance with law.
    The prohibition of "surveying, design and construction." 22nd units shall tender to select the project investigation, design, construction, supervision, and equipment and materials suppliers. Tender document development and reform authorities beforehand and the relevant administrative departments, construction and other related departments in accordance with the Division of responsibilities in accordance with the bidding activity of whole-process supervision.
    According to law shall not commence the construction tendering and bidding projects, relevant administrative departments shall not assign investment plans and disbursement of funds. Article 23rd project investigation, design, construction, supervision, equipment and materials procurement, shall conclude a written contract.
    Progressive implementation of performance security systems.
    Subcontracting the 24th government investment projects prohibited and illegal subcontracting.
    25th government investment projects in accordance with the implementation of project supervision system.
    Supervisor shall have corresponding qualifications, and shall not be supervising the project's construction, equipment and material suppliers have affiliations or other interested parties. The Government investment project management fees paid directly by the municipal finance department.
    Supervisor completion of supervision must provide supervision to project unit funded balance sheet, unit incorporated into the budget of the project by the project. 26th government investment projects in the construction process technologies, hydrology, geology, it proves necessary to change the design, should be agreed with the original design and modify, and unit approval of the competent departments in the original design of the project to be implemented.
    Will result in quality or safety accidents in immediately, approval of the supervision unit construction, project units and supervising units shall immediately report the situation to the original design approval authorities and the municipal development and reform authorities, municipal finance department and other related administrative departments for the record.
    Total investment increased due to design changes, the project unit should be in tenth new approval for these measures.
    Government investment projects without the approval of legal procedure, no unit or individual is allowed to improve construction standards, expand the scale of development and increased content. 27th Government in accordance with the approved investment project design document completed, should be completed within 3 months project settlement, completion and final acceptance of the work.
    Except as otherwise provided.
    Settlement of government investment project, the Municipal Finance Department in conjunction with the relevant administrative departments to audit, approval of the final accounts of the municipal finance department.
    Government investment project completion approval work according to relevant regulations of the State of implementation.
    28th government investment projects should go through registration of ownership.
    Article 29th balances of funds for government investment projects, according to the capital finance system. Supervision and administration of the fifth chapter article 30th the Government investment project implementation shall accept the supervision of the municipal people's Congress and its Standing Committee.

    31st of municipal office in accordance with the relevant provisions of the special inspection of major construction projects for major government investment projects implemented in the whole process of inspection. Article 32nd City Department for government investment project finance.
    Financial supervision according to the actual situation the delegated accounting or Finance Director.
    Article 33rd, auditing departments shall carry out audit supervision of government investment project.
    34th article participation government investment project construction of units has following case one of of, by about administration sector by duties Division will its included bad behavior records list: (a) construction advisory institutions in project proposal, and feasibility research report, and preliminary design Advisory assessment in the fraud, or assessment conclusion serious false of; (ii) design units not by capital program and approved of feasibility research report, and total investment estimates on government investment project for preliminary design and the construction figure design, plot serious of;
    (Three) construction units not by approved of construction figure and about construction provides organization construction plot serious of; (four) construction units subcontracting or illegal points package construction engineering of; (five) supervision units not by national about provides perform duties plot serious of; (six) tender agent institutions against national about tender agent provides of; (seven) construction management agent institutions against national and Municipal Government about construction management agent provides of.
    Project Unit commissioned the business prescribed in the preceding paragraph shall, before query lists of record of bad behavior; acts prescribed in the preceding paragraph, be included in the record of bad behavior within 5 years from the date of the list, projects not related to entrusted its government investment project.
    Article 35th project units, investigation, design, construction, supervision and other units of the name and name of responsible person should be in government investment project construction site and prominently publicized after the completion of the building or structure. Report to the relevant government departments should be set and published telephone numbers and other complaints. Any unit and individual have the right to report violations of the Government investment project management.
    On the truth of the report, according to relevant provisions of reward.
    Sixth chapter legal responsibility 36th article project units in government investment project management in the has following behavior one of of, ordered deadline rectification, and law held project units directly is responsible for of competent personnel and other directly responsibility personnel of responsibility; plot serious of, about administration sector 5 years within shall not allows its is responsible for government investment project of management work: (a) not by capital program perfect related procedures unauthorized starts of; (ii) without approved unauthorized improve construction standard, and expanded with to and the construction scale, and increased construction content of;
    (Three) not law implemented tender of; (four) not law signed set contract or implemented engineering supervision business of; (five) not by provides organization completed acceptance or acceptance not qualified input using of; (six) not handle ownership registration of; (seven) violation this approach 34th article second paragraph provides of; (eight) other serious violation this approach and about legal, and regulations provides of behavior. 37th article administration sector and staff in government investment project management in the has following behavior one of of, ordered deadline corrected, and on main head and directly responsibility personnel law give administrative sanctions: (a) issued false professional review views of; (ii) illegal approved feasibility research report, and design file and project total investment estimates of; (three) illegal issued investment plans of; (four) illegal approved increased construction funds of; (five) illegal allocated construction funds of; (six) abuse, and negligence, and
    Favoritism, bribes, and (VII) violates these measures set forth in article 34th and 36th; (VIII) for applicants who do not have conditions and approval to authorize, and (IX) other acts in violation of these measures and the provisions of relevant laws and regulations.
    Orders from 38th head of the Administrative Department of the relevant units and individuals in violation of the regulations, interventions or disguised intervention of government investment project decisions, shall be given administrative sanctions.
    39th article of major Government-invested project quality or safety accidents, in addition to the legal responsibilities of the units and individuals shall be affixed and shall be affixed directly to the project management oversight responsibilities of administrative leaderships ' administrative responsibilities.
    40th units involved in government investment project construction has the article 34th acts mentioned in the first paragraph, otherwise investigation provided for by laws and regulations, from its provisions.
    41st article of the regulation on the management of administrative processing, by the municipal development and reform authorities, municipal construction administrative department or relevant administrative departments shall decide in accordance with their respective responsibilities; sanctions decided by the superior administrative departments or organs; a suspected crime, transferred to judicial organs for handling.
    Seventh chapter supplementary articles article 42nd financial funds in these measures refers to budget and extrabudgetary funding, land reserve management benefits, government borrowing of funds and funds donated by the Government.
                                                                                  43rd these measures come into force on January 1, 2004.