Prevention Project, Hubei Province, Interim Measures For The Construction Of Commercial Bribery

Original Language Title: 湖北省防治工程建设领域商业贿赂行为暂行办法

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(On June 4, 2007 Hubei Province Government Executive Conference considered through on July 11, 2007 Hubei Province Government makes No. 308, announced since on October 1, 2007 up purposes) first chapter General first article for specification engineering construction market order, control engineering construction field commercial bribery behavior, advance engineering construction field anti-corruption work, promote I province reform and economic social health development, according to national about legal regulations of provides, combined this province actual, developed this approach.
    Article within the administrative area of the province engaged in transportation engineering, hydraulic engineering, building engineering and construction of municipal engineering and ancillary facilities, as well as the works supporting the wiring, piping, equipment installation and decoration engineering in the construction, extension, reconstruction and other activities, combating commercial bribery, these measures shall apply.
    Construction activity in these measures, refers to the construction of the project General Contracting, survey, design, construction, supervision, goods (equipment and materials) procurement business and employer, the contractor and subcontractors, and the tender agent, intermediary services and construction activities.
    This article approaches identified in project construction field of commercial bribery, including bribery crimes by judicial organs according to law judgment, procuratorial organs and administrative supervisory organs found acts of bribery.
    Fourth engaged in construction activities shall follow the principles of fairness, justice, equality, integrity, compliance with business and professional ethics, prohibiting commercial bribery.
    Commercial bribery implement both in the construction field, and combination of comprehensive treatment and prevention, prevention-oriented approach.
    Control engineering focuses on building commercial bribery implement Government-invested projects, other State-owned and State-controlled investment construction projects, public interests, public security, supervision and management of construction projects. Article at all levels shall exercise leadership in local field work of commercial bribe prevention projects.
    Construction, transportation, water conservancy and trade and industry, finance, audit, supervision, labor and social security, development and reform, departments and State-owned assets supervision and Administration Department shall, in accordance with their respective functions, control engineering construction of commercial bribery according to law. Sixth report to the relevant departments and units should set up telephone hotlines and e-mail address to receive reports and complaints, and seriously investigate and deal with. Take effective measures to protect the life and property safety of the source.
    Complaints or accusations of major commercial bribery cases of active personnel, shall be rewarded. Chapter II prevention seventh construction, transportation, water conservancy and other relevant administrative departments responsible for construction market parties and credit management of personnel.
    Points industry established and perfect national networking of engineering construction market credit management information platform, and and Hubei Province enterprise credit information system, and people Bank enterprise and personal levy letter system, achieved information shared; collection, and audit, and summary and released construction market parties subject and personnel of integrity behavior records information, implementation credit evaluation; will engineering construction field commercial bribery behavior and phase corresponds to of administrative punishment remember into related enterprise and personal of bad behavior records and be publicity. Eighth of construction projects subject to tender according to law should be in accordance with the territorial and hierarchical management principles into the people's Governments above the county established comprehensive bidding Center, according to unify and standardize procedures to carry out bidding activity. Bid centers at all levels should establish a sound bidding mechanism, strengthen the supervision of engineering construction project bidding site.
    Construction, transportation, water conservancy and other relevant administrative departments should conscientiously perform their duties and strengthen the supervision of engineering construction project bidding process, prevent commercial bribery. Construction project bidding or tendering contract, the tenderer in the tender documents to potential bidders that no criteria for commercial bribery records.
    On commercial bribery records but has exceeded its limit of the deadline for the submission, at the time of bid evaluation score, excluding certain credit scores.
    Qualification of the tenderer in the tender review, should be based on the construction market of the relevant administrative departments to establish credit files, commercial bribery a special review of bidders, and accept supervision by the relevant administrative departments according to law. Nineth government investment projects, other State-owned and State-controlled investment projects, relationships, social and public interests, public construction projects, implementation of honest commitment system.
    When the contracting parties signed a project contract, signed a clean agreement shall at the same time, set forth the integrity requirements, specify the responsibilities and obligations of both parties, mutual supervision, and accept the supervision of the relevant administrative departments.
    Tenth prohibited investigation, design, construction, supervision by malpractices such as bribery, violation of engineering construction compulsory standard inspection, design, construction, altering design, Jerry, and collusion, and fraud. 11th subject matter of the procurement of construction projects in line with the national, provincial and bidding limits prescribed standards, subject-matter should be selected through public bidding suppliers. Any unit and individual construction projects subject to tender according to law may not be the subject matter in any way circumvent the bidding. In addition to the special requirements of building materials, equipment, production line, outer, design units shall not designate manufacturers and suppliers.
    Prohibition of employer expressly or implied construction the use of substandard construction of the subject-matter, and substandard construction engineering supervision units in accordance with the subject matter of qualified signatures. 12th government investment projects, State-owned and State-controlled investment projects, social and public interests, public safety cost of construction project documentation should be implementing national valuation rules and standards and issued; settlement review should be based on the construction contract and accept supervision by the authorities ban all acts of signing the contract or of valuation fraud.
    Unauthorized design changes, project, construction the standard adjustment behavior raise the engineering cost of construction projects, such as settlement, is not recognized.
    13th chapter governance to any legal person, other organization or individual is identified commercial bribery according to law, shall not participate in the tender for project construction activities throughout the year in serious cases, may not participate in the tender for engineering construction activities within two years; had won the bid, the bid invalid.
    Achieved through commercial bribery of an administrative license, revoked according to law.
    14th article survey, and design, and construction, and supervision, and tender agent, and cost Advisory, limited responsibility company and Corporation shall not appointments for made has bribery, crimes, was sentenced to penalty, implementation expires not over five years of personnel served as company of statutory representative people, and Director, and prison thing, and Manager; was law revoked license of company, and Enterprise statutory representative people, on its has responsibility of, in was revoked license Hou three years within, shall not served as any company, and enterprise of statutory representative people, and Director, and prison thing, and Manager. 15th levels of financial and auditing departments should strengthen the Government-invested projects, other State-owned and State-controlled investment fund security management and auditing supervision of engineering construction project. Establish project funds are paid into the regulatory system, strict implementation of the progress payment disbursement procedures, monitoring the use of funds of the State.
    Enterprise is recognized commercial bribery according to law, shall, jointly with relevant departments to assess the continued allocation of funds, to take timely and effective measures to ensure the safety of project funds. 16th at various levels should standardize the supervision and management of State-owned assets supervision and administration enterprise business practices, corporate discipline to combat commercial bribery included in the evaluation and implementation of the accountability system.
    Enterprise business bribery in project construction field, business owners and persons directly responsible for reducing salary and other disciplinary action, specific measures by the provincial State-owned assets supervision and administration, in conjunction with the departments concerned separately.
    17th article levels labor and social security administrative competent sector should will engineering construction field commercial bribery behavior, into labor guarantees integrity evaluation system and timely for monitoring, on enterprise was law finds has commercial bribery behavior of, should timely through labor market, and public career introduced institutions or other form to workers proposed risk warning, and law processing the enterprise and workers Zhijian occurred of labor dispute, effective maintenance workers of lawful rights and interests of.
    18th peoples Bank finds commercial bribery according to law should be corporate and personal information into corporate and individual credit information system, prompted the credit risk to financial institutions in a timely manner, has given the business lending financial institutions should strengthen its monitoring of performance, take corresponding measures of defence and guard against financial risks.
    19th industrial and commercial administrative departments at all levels should strengthen supervision and management of construction enterprises, at the time of registration of enterprise creation, alteration, should be reviewed strictly in accordance with the relevant laws and regulations, strengthen the annual reviews and inspections, and strengthen supervision and management, and to investigate and punish violations of the corporate.
    20th above county level construction, transportation, water conservancy, monitoring, audit and other relevant administrative departments should strengthen the links with the judicial and procuratorial organs to inform the investigation of major cases, building construction field combined with new mechanisms to punish and prevent commercial bribery.
    The fourth chapter legal liability article 21st unit and individual commercial bribery in project construction activities, in accordance with the provisions of relevant laws and regulations. 22nd project contract awarding and contracting of bribes, bribes, bribes, depending on the seriousness of each fined bribes confiscated belongings directly responsible shall be disciplined in charge and other direct liable persons.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    Against bribery in the engineering contracting contracting units, apart from the outside, in accordance with the provisions of the preceding paragraph, it may order rectification, lower level of qualification or qualification certificates revoked. 23rd when handling administrative licenses and other matters in the field of engineering construction, bribes, according to the regulations of the administrative sanction against civil servants of administrative organs of the State Council to deal with it.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 24th land, communications, electric power, information technology, pharmaceuticals, metallurgy, mining, petrochemical engineering areas, such as combating commercial bribery, in accordance with the measures implemented.
  25th article of the rules take effect on October 1, 2007.