Fujian Province, A Major Construction Project Inspection Methods

Original Language Title: 福建省重大建设项目稽察办法

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(3rd of March 31, 2003, Fujian Provincial Executive meeting released April 22, 2003, Fujian Provincial people's Government, the 86th) first in order to strengthen the oversight of major construction projects to ensure project quality, improve investment efficiency, in accordance with national laws and regulations, combined with the facts of the province, these measures are formulated.
    Article on major construction projects in the administrative area of the province of inspection activities and procedures apply.
    Third article following construction project, for major construction project: (a) using provincial financial sex funds and into provincial financial management special construction fund of construction project; (ii) using provincial financial financing funds, and on economy and social development has major effect of construction project; (three) included province fixed assets investment plans of medium construction project; (four) Province Government determine of other construction project.
    Major construction projects by development planning administrative departments of the people's Government of the province concerned departments and the district municipality to determine. Fourth provincial development planning administrative departments responsible for the inspection of major construction projects in the administrative areas of the province; his assistant to send special inspection and, on inspection of major construction projects construction and management.
    Inspection of major construction projects, Office of the Ombudsman to undertake inspection of major construction projects of the Organization and check the daily management of the Commissioner and Assistant.
    Fifth inspection of major construction projects must adhere to the law, objective and fair, the principle of seeking truth from facts.
    Sixth article major construction project JI Justice of main content including: (a) supervision was JI Justice units about construction project of decided whether meet legal, and regulations and regulations provides of permission, and program; (ii) check major construction project of tender bid, and engineering quality, and progress, situation, track monitoring major construction project of implementation situation; (three) supervision was JI Justice units funds using, and estimates control of authenticity, and legitimacy; (four) on was JI Justice units main head of business management behavior for evaluation, proposed rewards and punishments recommends. Seventh provincial development planning administrative departments shall organize the inspection task force 1 or more times a year on major construction projects of the on-site inspection.
    Inspection Office for each major construction project does not regularly carry out special inspection. Article eighth inspection of major construction projects must be 1 or more inspection Office and 1 per cent of the inspection carried out jointly the Office Assistant.
    Inspection Office and their assistants shall not check its stake in major construction projects.
    Provincial development planning administrative departments may appoint an inspection Commissioner and provincial finances, audit, construction, transportation, water conservancy, monitoring and other relevant departments and the district municipal joint inspection of major construction projects, can also employ professional and technical personnel to participate in inspection work.
    Inspection Office before Nineth and assistants shall meet the prescribed conditions, specific conditions determined by the competent administrative authorities and the relevant departments under the people's Government development plans.
    Tenth Article JI Justice Commissioner carried out JI justice work, can take following way, but shall not participation, and intervention was JI Justice units of daily business activities and business management activities: (a) heard was JI Justice units main head about construction project of situation reported, in was JI Justice units held and JI justice matters about of Conference, participate in was JI Justice units and JI justice matters about of Conference; (ii) check out was JI Justice units about construction project of financial report, and accounting voucher, and accounting account book, financial accounting information and other about information;
    (Three) into construction project site for identification, survey, and verified construction project of tender bid, and engineering quality, and progress, situation; (four) to about personnel understand verification was JI Justice units of financial, and funds status, situation, heard views, necessary Shi requirements was JI Justice units main head made description; (five) to financial, and audit, and construction, and traffic, and water, about sector survey understand was JI Justice units of funds using, and engineering quality and business management situation.
    (Vi) to relate to is check and issues related to the project and other relevant organizations, people understand the situation, and the law and evidence.
    11th Inspection Unit and its check and the person concerned shall be subject to the law, and provide project-related documents, contracts, agreements, statements and other information and circumstances, reports on major issues in the process of construction and management, without any delay, denial, concealment, falsifying.
    12th provincial authorities and local people's Governments shall be check for inspection Commissioner of units of the relevant information and data.
    Provincial development planning administrative departments should strengthen the financial, auditing and related sectors such as building, transportation, water conservancy, monitoring contact, inform each other of the situation.
    13th inspection Commissioners agreed inspection found that the problem should be to check the feedback and listen to the views being disagrees with the inspection unit to issue, provincial development planning should be carried out by the Administrative Department for review.
    14th check and special inspection found construction project quality inspection unit is likely to endanger the safety, cause the loss of State assets or against interests of the owners of State assets, and other emergencies, shall promptly stop such acts, make presentations. Upon completion of 15th on the inspection of major construction projects, inspection Commissioner shall promptly to the provincial development plan Administrative Department inspection report.
    Inspection reports shall include the following information: (a) construction project comply with the statutory approval process, (ii) analysis and evaluation of construction project control of the use of funds, budget for, and (iii) construction project bidding and engineering quality and progress, analysis and evaluation of the situation and (iv) building projects: problems and recommendations (v) other matters that require reporting.
    16th inspection Commissioners and their assistants and other persons shall comply with the relevant provisions of clean government, and shall not disclose the inspection unit of business secrets. 17th article major construction project units has following behavior one of of, by Province Government development plans administrative competent sector law ordered deadline corrected, and can law be informed, recommends about sector law on responsibility personnel for processing; plot serious of, reported to the Province Government approved Hou, law suspended allocated provincial construction funds: (a) violation construction project construction program provides, without approved unauthorized starts construction or for major design change, and estimates adjustment of; (ii) violation national financial system, misappropriated, and crowding out, and
    Occupation project construction funds of; (three) violation tender bid legal, and regulations, and regulations provides of; (four) violation construction engineering quality management legal, and regulations, and regulations provides of; (five) violation about provides, caused engineering estimates increased, and engineering progress lag, and engineering quality accident, or occurred major quality accident not timely report and properly processing of; (six) violation engineering construction other about provides of.
    Involve other relevant provincial departments and issues related to the functions and powers of the local people, transfer of relevant departments of the provincial government and the local people's Government. 18th article major construction project survey, and design, and construction, and supervision and the material equipment supply units has following behavior of, Province Government development plans administrative competent sector law ordered deadline corrected, and can law in news media Shang be informed; plot serious of, by about sector law canceled its 1 – 2 years within participate in major construction project of bid qualification: (a) violation tender bid legal, and regulations, and regulations of; (ii) violation construction engineering quality management legal, and regulations, and regulations of; (three) violation contract management legal, and
    Regulations and rules.
    Involve other relevant provincial departments and issues related to the functions and powers of the local people, transfer of relevant departments of the provincial government and the local people's Government.
    19th article for major construction project service of intermediary institutions has following behavior, effect has province major construction project implementation of, Province Government development plans administrative competent sector law ordered deadline corrected, and can law in news media Shang be informed; plot serious of, by about sector law suspended its in 1 – 2 years within contract major construction project intermediary business qualification: (a) intermediary institutions not made corresponding qualification, or beyond qualification grade engaged in intermediary business of;
    (Ii) tender agent institutions or bid prepared units leaked should confidential of and tender bid activities about of situation and information of, or and tender people, and bid people collusion damage national interests, and social public interests or others lawful rights and interests of of; (three) accept delegate prepared bid of while and accept delegate prepared same project bid file of; (four) intermediary institutions deliberately hide facts, provides false digital and conclusion of; (five) intermediary institutions beyond delegate range engaged in intermediary business of.
    Involve other relevant provincial departments and issues related to the functions and powers of the local people, transfer of relevant departments of the provincial government and the local people's Government.
    20th article violation this approach provides, has following behavior one of of, by Province Government development plans administrative competent sector recommends about sector on responsibility personnel law for processing, and law be informed; plot serious of, reported to the Province Government approved Hou, law suspended the project of construction or suspended where area or sector similar project of approval: (a) ultra vires approval project, or unauthorized agreed adjustment construction content; (ii) closure, and misappropriated project construction funds of; (three) commitment of project supporting funds not on time in place of;
    (Iv) management oversight is in place project resulted in significant loss of (v) unlawful interference with bidding.
    Involve other relevant provincial departments and issues related to the functions and powers of the local people, transfer of relevant departments of the provincial government and the local people's Government. 21st article violates these rules, inspection unit, one of the following acts, the provincial development planning administrative authorities shall order rectification, and recommended that the relevant departments directly in charge of personnel and other persons directly responsible shall be given administrative punishments: (a) refuse to provide inspection required financial, engineering quality and management of relevant information and data;

    (B) concealment, falsifying information.
    22nd Commissioner inspection and their assistants, one of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) significant violations of the inspection unit hide not reported or grave negligence, (b) collusion with the Inspection Unit making false inspection reports; (c) violation of the provisions of article 16th.
    23rd relevant departments of the people's Governments above the county level shall be in accordance with the provisions of article III of this approach for other construction projects supervision.
                                                24th article this way come into force on June 1, 2003.

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