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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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(Adopted by Order No. 308 of 11 July 2007 of the People's Government of the Northern Province of Lake Great Britain and Northern Ireland)

Chapter I General
Article 1 provides for the regulation of the construction of market order, the prevention of commercial bribery in the area of construction, the promotion of the integrity of anti-corruption initiatives in the area of construction, the promotion of the modernization and economic and social health development in my province, and the development of this approach in line with the provisions of the relevant national legislation.
Article II works in the area of transport engineering, water engineering, housing construction and municipal works and their subsidiary facilities, as well as in construction activities such as pipelines, pipelines, equipment installation and refurbishment works, and the application of this approach.
This approach refers to activities such as master contract, survey, design, construction, treasury, cargo (container and material) procurement and its delivery kits, contracting and subcontracting and solicitation services, and brokering services.
Article III. Commercial bribery in the area of construction, as determined by this approach, includes a criminal act of bribery, which is governed by the law of the trial body, and acts of bribery by the prosecution and administrative inspection bodies.
Article IV. Activities in construction should be guided by the principles of equity, justice, equality and integrity, adherence to commercial and professional ethics and the prohibition of commercial bribery.
Business bribery in the area of construction is governed by a combination of disciplines, integrated governance, punishment and prevention-oriented approach.
Commercial bribery in the area of prevention and engineering construction focuses on the implementation of investment construction projects for government investment works, other State and State control units, management of public interest and public safety construction projects.
Article 5 Governments at all levels lead commercial bribery in the field of local control and construction. Sectors such as construction, transport, water and business, finance, audit, inspection, labour and social security, development reform, and State asset monitoring bodies should be governed by law by their respective functional division of labour.
Article 6. All relevant departments and units shall establish a telephone and an electronic repository to receive mass reports and complaints and to investigate them carefully. Take effective measures to protect the life and property security of the reporting person. An incentive should be given to those responsible for charges, for the prosecution of major commercial bribery cases.
Chapter II Prevention
Article 7. The construction and improvement of the National Network-building Market Credit Management Information platform and information-sharing with the enterprise credit information system in the northern province of Lake Lake, the People's Bank enterprise and the Individual Application System are collected, reviewed, summarized and published information on the record of good behaviour of all parties and personnel in the construction of the market, the implementation of credit evaluation; and the inclusion of commercial bribery in the construction of the construction of the project and its relative administrative penalties into poor records of the relevant enterprises and individuals.
Article 8. Construction projects that are required to make tenders under the law shall enter the integrated tendering centres established by the Government of more than the people of the district, in accordance with the principle of territorial and sub-sector management, and in accordance with harmonized and normative procedures. The solicitation centres at all levels should establish operational mechanisms for the sound solicitation of tender activities to enhance the regulation of the project construction project's tendering site. The relevant administrative authorities, such as construction, transport and water, should perform their duties seriously, to enhance oversight of the process of solicitation of tenders for construction projects and to prevent commercial bribery.
The solicitation of the construction project or the issuance of tenders in the form of tendering, the solicitor may, in the solicitation documents, make the conditions for potential bidders not to have a record of commercial bribery. A notice of commercial bribery has been recorded but has exceeded its time limit for tendering, and a certain amount of credit is deducted at the time of the evaluation.
In reviewing the qualifications of tenderers, the bidder shall be subject to a special review of commercial bribery by the bidder on the basis of the principal credit files established by the relevant administrative authorities and shall be subject to the supervision of the relevant administrative authorities in accordance with the law.
Article 9 Government investment works, other State-owned and national control units investment works, public interest, public safety construction projects, and integrity commitment systems. In the conclusion of the construction project contract, both parties should also enter into integrity agreements containing integrity requirements, specifying the responsibilities and obligations of both parties, monitor each other and accept oversight by the relevant administrative authorities.
Article 10 prohibits surveys, design, construction and treasury enterprises from conducting surveys, design, construction, construction, unauthorized alterations, designs, construction, unauthorized designs, sabotage of work, and collusion.
Article 11. The object of the construction of the procurement works is in line with the scope and criteria of tendering established by the State, the supply units that select the mark should be chosen through tendering. No unit or individual shall circumvent tenders in any way by means of the object of the construction of the works required by the law for tendering. In addition to specially required construction materials, specialized equipment, craft production lines, design units may not designate production plants, suppliers. The construction unit is expressly or implied that the construction unit uses the non-qualified engineering construction mark and that the engineering unit will not be eligible for the construction of the project in accordance with the prequalification.
Article 12 Government investment works, State-owned and State-owned units investment works, public interest in relations, public safety-building project-making documents should be developed to implement the price rules and standards issued by States and provinces; the completion review should be based on the construction work contract and be subject to oversight by the relevant sector; and the prohibition of all fraudulent actions in terms of contracting or price. The settlement is not endorsed when it comes to an unauthorized increase in the construction of construction projects through design changes, subproject adjustments and standard adjustments.
Chapter III Governance
Article 13. Any legal person, other organization or person has been determined by law to be commercially bribes, shall not be involved in the construction of tenders within one year; in serious circumstances, shall not be involved in the construction of tenders in the course of two years; the mark has been null and void.
The administrative licence obtained through commercial bribery has been repealed by law.
Article 14. Quant liability companies and equity companies, such as survey, design, construction, supervision, solicitation and price counselling, shall not be granted a sentence for offences such as bribery, the enforcement of persons who have not been over five years served as legal representatives of companies, directors, directors, managers, companies licensed by law, corporate legal representatives, etc. shall not be responsible for any company, a legal representative of the enterprise, a director, a manager and a manager within three years of the suspension of the licence.
Article 15. Finance, auditing, at all levels, should enhance the safety management and audit supervision of government investment works, other State and State control units investment construction projects. The establishment of a regulatory system for the allocation of funds for sound projects, strict implementation of the payment procedures for the progress of the works, and supervision of the status of the use of funds by enterprises. Business bribery is determined by law and should be assessed with the relevant authorities on whether funds continue to be allocated and effective measures are taken in a timely manner to secure project funds.
Article 16 should regulate the operation of the enterprise under the supervision of the State asset monitoring authority at all levels, including the self-regulation of business bribery in the examination and accountability system. Business bribery occurs in the area of construction of construction, with the aim of lowering annual and other disposals for corporate heads and those directly responsible, with a specific approach being developed by the provincial State asset monitoring authority with the relevant departments.
Article 17, the competent labour and social security authorities at all levels should include commercial bribery in the area of construction, including in the labour security of the integrity evaluation system and, where appropriate, in order to effectively safeguard the legitimate rights and interests of the worker through the labour market, the public job presentation body or other forms of risk warning.
The People's Bank should incorporate into the corporate and individual communications system, in accordance with the law, information on commercial bribery enterprises and individuals, and provide financial institutions with timely credit risk to financial institutions, and financial institutions that have granted loans to that enterprise should strengthen their supervision in the performance of their contracts and take appropriate defence measures to prevent financial risks.
The business administration at all levels should enhance the supervision of construction enterprises and, when the enterprise is established and registered, it should be reviewed in strict accordance with the relevant legislation, to strengthen the annual inspection review and market inspections, to strengthen oversight management and to investigate corporate violations by law.
The relevant administrations, such as district-level construction, transport, water, inspection, audit, etc., should strengthen their contacts with the judiciary and the prosecution authorities in order to provide timely information on major case collation and establish new mechanisms for the integration of commercial bribery in the area of construction.
Chapter IV Legal responsibility
Article 21 acts of commercial bribery of units and individuals in construction activities are dealt with in accordance with the relevant laws, regulations.
Article 2 imposes a fine on the bribes, bribes and bribes in the works package with the contractor, and shall, in the light of the circumstances, be subject to fines, forfeiture by law of the bribes and for the disposal of the competent and other direct responsible personnel directly responsible. Crime constituted criminal liability by law.
In addition to the penalties provided in the preceding paragraph, the contractor's units that are bribeed in the construction contract may be suspended by law, lowering the level of qualifications or reversing the award.
Article 23 deals with administrative licences and other matters in the field of construction, with bribes, which are dealt with in accordance with the State Department's Regulations on the administrative disposition of civil servants. Crime constituted criminal liability by law.
Chapter V
Article 24 Controls of commercial bribery in construction areas such as land, communications, electricity, information industry, medicine, metallurgy, land mines, militarization, etc.
Article 25