Zhejiang Province, A Major Construction Project Inspection Methods

Original Language Title: 浙江省重大建设项目稽察办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
  Chapter I General provisions article to strengthen oversight of major construction projects, standard inspection of major construction projects to ensure construction quality and safety, improve investment efficiency, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second approach applies to inspection activities of major construction projects in the province.

Major construction projects mentioned in these measures refers to the use of province, city divided into districts, counties (cities and districts), three-tier financial funds or Government funds up to the amount prescribed by the Government of the same level of financing construction projects, using state all kinds of special construction funds for construction projects, and access to government subsidy, onlending, subsidized loans to support business investment and major construction projects.

Article inspection of major construction projects follow the objective justice, procedural norms, the principle of seeking truth from facts, to check the correct.

The fourth development and reform of the Administrative Department of the people's Governments above the county level (hereinafter referred to as the development and reform authorities) responsible for the Organization and administration of the inspection of major construction projects in the administrative area. Fifth inspection of major construction projects working requirements included in the present budget.

Inspection of major construction projects and not subject to inspection shall charge or charge any fee in a disguised form.

Article development and reform authorities establish a major construction project illegal or irregular reporting system, publication of telephone, mail and e-mail, receiving citizens, legal persons and other organizations on major construction projects construction in the process of law, reports of irregularities, as well as the reports of inspectors is illegal, violations.

Development and reform Department upon receipt of the report, he shall receive and investigate; not part of the mandate of this Department should timely transfer of competence to deal with Department and inform the parties. Chapter II inspection duties seventh inspectors include check and appointed by the people's Governments above the county level Office staff and other State officials for inspection.

Inspectors shall be familiar with the relevant laws, rules, regulations, project construction and management expertise, adhere to principles, carry out their duties faithfully.

Inspection jobs needed to recruit the relevant professionals or professional bodies.

Eighth major construction projects to government investment, development and reform Department inspection responsibilities include the following: (a) supervision of investment and construction of national and provincial laws, regulations, rules, policies, planning and implementation.

(B) check the release and implementation of investment plans for major construction projects, including construction, content, standards, and time period.

(C) check the construction preparation work implementation, major construction projects program implementation; investment control of project quality, safety, scheduling, project bidding system, legal system, contracts, supervision of implementation; capital management usage; project completion acceptance, investment returns.

Inspection of major construction projects to government investment, which can be for a full inspection of the contents listed in the preceding paragraph, may also be listed in the preceding paragraph, a special inspection of the contents.

Nineth government investment subsidy, onlending enterprise investment, loan and other major construction projects, development and reform Department focuses on whether it meets the support policy, management of Government funds, investment benefit check. Tenth Article JI justice personnel carried out JI justice work, can exercise following terms: (a) check out and project construction about of file information; (ii) into and project construction about of construction, and warehouse, and detection and test, places for identification; (three) requirements was JI Justice units on about problem be description or on related personnel for asked; (four) used copy, and copy, and recording, and camera, form collection information and Forensics; (five) to financial, and audit, and tax, and

Market supervision and management departments and financial institutions as well as the units involved to understand the situation and (vi) to the doing business with inspection unit verify the information; (g) a qualified professional institution commissioned to carry out special inspection, verification or evaluation.

11th article JI justice personnel and hired of professional technicians (containing hired of professional institutions about personnel, with) shall not has following behavior: (a) participation or illegal intervention was JI Justice units project construction and production business activities; (ii) received, and obtained was JI Justice units to various form provides of property or gets other not due interests; (three) leaked was JI Justice units of commercial secret; (four) leaked not conducive to whistleblower of situation; (five) other violation legal, and regulations, and regulations provides of behavior.

12th inspectors and hiring of professional and technical personnel and inspection units have an interest, or for other reasons may affect the fairness of inspection should be avoided.

Inspection Unit considered inspectors and hiring of professional and technical personnel should be avoided, may, in writing, to implement development and reform of the Inspection Department.

Inspectors and technicians employed by the withdrawal of inspection Commissioners decided withdrawal of the Inspection Office, by the development and reform authorities, mainly responsible for the decision.

13th Inspection Unit and shall cooperate with the inspection, provide inspection project-related documents and circumstances, shall destroy, hide, transfer, alter, forge or delays, refused to provide information on the file.

Units referred to in the preceding paragraph refers to the consultation assessment, survey, design, construction, supervision, materials and equipment, bidding Agency, final accounts establishment or approval, cost management, project management and other units involved, and the relevant administrative bodies.

Chapter III inspection procedures the 14th article development and reform Department under the people's Government requirements with superior development and reform authorities, preparation of the annual inspection of major construction projects planned, copied to the departments concerned at the reported to the people's Governments at the corresponding level for approval.

Development and reform Department annual inspection of major construction projects planned, should be considering the degree of social concern and industry, geographical distribution, choose, forestry, water conservancy, transportation, energy, industrial restructuring and upgrading, social undertakings, as well as other major infrastructure projects. 15th article development and reform authorities carry out inspection work shall form a project inspection group.

Check inspection groups to project implementation shall, in General, early 5th send written notice of the inspection to the inspection unit, if necessary, you can check and notify in writing the implementation of inspection.

16th inspectors to check and found problems, should faithfully record, and obtain the relevant certification materials. Inspection Unit shall confirm the inspection found problems, signed and sealed by the heads of the main unit.

There are objections, Inspection Unit entitled to the circumstances to plead and added the appropriate evidence.

17th inspection found there may seriously jeopardize the major construction project safety, resulting in major losses of State assets, and other emergencies, development and reform Department of entrusted inspection units to take appropriate measures and inform the project authority and local government. After the end of the 18th inspection, inspection teams should form the inspection report.

Inspection report including basic situation of project, implementation, identify problems and corrective actions. Check after the formation of the first draft of the report shall make a written request for views of the inspection unit.

Inspection Unit shall, from the date of receipt of the draft inspection report on written feedback in the 10th, different comments on the inspection unit, formed after the inspection teams should further verification of the official inspection report.

Development and reform authorities should check and report to the people's Governments at the corresponding level, and copy to the departments and units concerned at the same level.

19th inspection determines that the project had serious problems, the development and reform authorities empowered to issue improvement notices, order check and rectification.

Check and find other Department management permission problems, development and reform authorities should be transferred to the relevant departments in a timely manner, relevant departments shall feedback results in a timely manner. 20th Inspection Unit shall check and rectification of the report views and rectification notice of the request for rectification, and report results of rectification.

Timely development and reform authorities organized spot check.

21st article was JI Justice units and related units violation national and province about project investment and construction management of legal, and regulations, and regulations provides of, except by about administrative law enforcement sector law be punishment outside, development and reform competent sector can according to plot weight made following processing decided: (a) informed criticism; (ii) into bad credit records; (three) drew attention to the financial sector suspended allocated or recovered financial sex funds.

22nd project inspection results should serve as a development and reform authorities within a certain period of vetting, approving construction projects and financial departments to arrange an important basis for government investment funds, the longest period of not more than 5 years.

Fourth chapter check and supervision mechanism of the 23rd superior development and reform authorities to subordinate development and reform Department of major construction inspection guidance and supervision of the work of the project; superior development and reform authorities can be responsible for the inspection of major construction projects, commissioned organisation for development and reform authorities at lower levels.

24th in conjunction with the development and reform authorities monitoring, finance, audit, housing and urban-rural development (planning), land and natural resources, transportation, water conservancy departments to establish horizontal collaboration mechanisms, inform each other of the situation, transfer the clues, share the results of supervision, and conduct joint inspection, avoid duplication checking.

Monitoring, finance, audit, housing and urban-rural development (planning), land resources, transportation, water conservancy departments of major construction projects shall make investigation, inspection, audit findings, the development and reform authorities can be directly used in the inspection work. 25th province development and reform authorities using network technologies, establish province-wide inspection of major construction projects management information system, improve the online monitoring and early warning mechanisms as well as regular monitoring and analysis report, quality evaluation norm of regulatory systems.

Relation to project owners and participation unit shall supply the relevant information.

26th article development and reform authorities establish a major construction project performance monitoring system, entrusted with the relevant professional bodies after the mid-term evaluation of the project, evaluation methods, to assess the implementation of major construction projects and investment performance and evaluation. The 27th article development and reform authorities in conjunction with the relevant departments to establish credit supervision system for major construction projects, major construction project owners and units involved evaluation of the services and credit, and accountability measures such as included in the list of the serious breach of trust units, improve the mechanism for punishment.
28th article development and reform Department in conjunction with the relevant departments to check information published in a certain range; on many problems, to reorganize the ineffective, repeatedly checked and make regions and units, public exposure.

Fifth chapter legal responsibility 29th article was JI Justice units has following case one of of, by development and reform competent sector ordered corrected; refused to corrected of, be informed criticism, and by right to organ in accordance with management permission on directly is responsible for of competent personnel and other directly responsibility personnel law be disposition; constitute crime of, law held criminal: (a) refused to, and block JI justice personnel law perform duties of; (ii) destroyed, and hidden, and tampered with or forged about material of;

(C) not according to inspection reports action or rectification notice requirements and implement action plan; (d) on the development and reform authorities made a decision refusing to perform or unduly delayed implementation of (v) other acts of obstruction of the inspectors to perform their duties. 30th article development and reform competent sector found administrative organ and staff has following behavior one of of, reported to the this level Government give informed criticism, and by right to organ in accordance with management permission on directly is responsible for of competent personnel and other directly responsibility personnel law be disposition; constitute crime of, law held criminal: (a) misappropriation, and interception, and misappropriated financial sex funds of; (ii) intervention project tender bid of; (three) not law perform project approval, and approved and construction management, duties,

Projects resulted in significant losses.

31st consultative assessment, survey, design, construction, supervision, materials and equipment supply, tender agent, final accounts establishment or approval, cost management, project management and other units involved, are involved in the process of major construction projects construction, of violations of laws, rules and regulations, in accordance with the provisions of the relevant laws, rules and regulations assume legal responsibility. 32nd article JI justice personnel and hired of professional technicians has following case one of of, by right to organ in accordance with management permission law be disposition; constitute crime of, law held criminal: (a) on JI justice work in the found of illegal, and violations behavior, hidden not reported or deliberately not according to provides processing of; (ii) in accordance with this approach provides should application avoided and not application avoided, caused bad consequences of; (three) has this approach 11th article provides behavior one of of; (four) has other abuse, and engages in, and

Acts of negligence. Sixth chapter supplementary articles the 33rd article this way come into force from October 1, 2015.

Related Laws