Notice of the Ministry of Electric Power on Printing and Distributing the Provisions on Implementing the Legal Person Responsibility System for Electric Power Construction Projects (Trial)

Chapter I General Provisions Article 1 In order to meet the needs of the development of electric power construction, further improve and implement the project legal person responsibility system, establish an investment restraint mechanism for electric power construction projects, cultivate and improve the electric power construction market, standardize the organization and behavior of project legal persons, realize a reasonable construction period, control costs, reach the standard and put into production, improve investment efficiency and protect the legitimate rights and interests of companies and shareholders. According to the Company Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, the Law of People's Republic of China (PRC) on Sino-foreign Joint Ventures, the Electricity Law of People's Republic of China (PRC) and the Interim Provisions of the State Planning Commission on Implementing the Legal Person Responsibility System for Construction Projects, these Provisions are formulated in combination with the characteristics of electric power construction projects. Article 2 The term "project legal person" as mentioned in these Provisions refers to limited liability companies (including wholly state-owned companies and Sino-foreign joint ventures) and joint stock limited companies (hereinafter referred to as companies) established in China in accordance with relevant state laws. All large and medium-sized thermal power generation projects newly built, expanded and rebuilt must implement the company responsibility system, that is, the project legal person responsibility system, in accordance with relevant state laws and these Provisions. Article 3 The project legal person responsibility system refers to the legal person responsibility system of the project company established by the investor of the electric power construction project according to the relevant laws and regulations of the state, and is responsible for the project planning, fund raising, construction and implementation, production and operation, debt repayment and asset preservation and appreciation according to law, and enjoys corresponding rights, responsibilities and rights. Chapter II Establishment of a Company Article 4 When applying for the establishment of a power construction project, the promoters or investors shall submit the following documents:

(1) Business license of enterprise as a legal person;

(2) Having a capital verification certificate issued by a statutory capital verification institution;

(three) the credit certificate issued by the relevant departments;

(4) Financial and accounting statements audited and signed by certified public accountants by promoters or investors in the last two years. Article 5 When applying for the feasibility study report of new large and medium-sized power supply construction projects, the company's preparatory organization shall also put forward the company's preparatory plan and investment agreement, and any feasibility study report without the company's preparatory plan shall not be reviewed and converted. Article 6 The company was formally established after the feasibility study report of newly-built large and medium-sized power supply construction projects was approved. Relevant investors should inject capital in time according to national regulations and relevant agreements or contracts of the company, and register the company. Article 7 After the establishment of the company, the documents approving the establishment of the company, the articles of association, the list of the company's chairman and general manager and their resumes, and the establishment of the company's management organization shall be reported to OFTA or the Provincial Electric Power Bureau for the record. Eighth expansion, reconstruction or rolling development of large and medium-sized power projects, such as the proportion of investors and investment changes, should be established in accordance with the provisions of article second; If the proportion of investors and capital contribution has not changed, the original enterprise legal person is generally the project legal person. Chapter III Work Contents of the Company at Various Stages of Project Operation Article 9 Feasibility study stage of the project (before the feasibility study report is approved):

(1) Preparing for the establishment of the company;

(2) signing a joint venture agreement and implementing financing channels;

(3) Organizing environmental protection assessment;

(4) initialling relevant agreements on land acquisition, power purchase and sale, dispatching and grid connection;

(five) to organize the preparation and submission of the feasibility study report of the project, organize the project evaluation, organize the design bidding and sign the design contract;

(6) Other work of the project. Article 10 Project preparation stage (from the approval of feasibility study report to the approval of commencement report):

(a) the formation of the company, according to the provisions of the proportion, batch, period of capital injection;

(two) responsible for land acquisition, land lease, land use procedures, complete the demolition, compensation and engineering site "four links and one leveling" (power supply, water supply, transportation, communication, site leveling) and other work;

(3) Organizing equipment bidding and signing equipment supply contracts;

(four) to organize the preparation of the preliminary design of the project, and report it to the Ministry of Electric Power Industry for approval by OFTA or the Provincial Electric Power Bureau;

(five) to organize the bidding, supervision, supervision and trial operation of the project construction, and sign the contract; Organize the joint review of construction drawing and construction organization design;

(6) Signing contracts for accessing the Internet, dispatching and purchasing electricity;

(seven) to organize the commencement audit and cooperate with the audit department to submit the audit report before the commencement;

(eight) the preparation of the project construction plan application report and the annual investment plan, submitted to OFTA or the Provincial Electric Power Bureau for review, which will be forwarded to the Ministry of Electric Power Industry;

(9) After the state approves the commencement plan, eight commencement conditions shall be implemented according to Article 22 of these Provisions, and an application for commencement of the main project shall be submitted to OFTA or the Provincial Electric Power Bureau. After examination, it shall be submitted to the Ministry of Electric Power Industry for approval. Eleventh project construction stage (after the approval of the commencement report to before it is put into commercial operation):

(a) the implementation of the project construction funds, according to the construction contract to implement the funds in place;

(two) the preparation of the annual construction progress plan, investment plan and capital plan, and submit a summary report to OFTA or the provincial electric power bureau;

(three) the preparation of the monthly report of the project construction progress, investment statistics and financial express, and submit it to OFTA or the provincial electric power bureau for summary report;

(four) to examine and approve general design changes, review and report major design changes, which are approved by the original examination and approval unit;

(five) under the organization and guidance of OFTA quality supervision center station or provincial electric power bureau, carry out engineering quality supervision;

(six) responsible for the safety management in the process of engineering construction;

(seven) according to the project construction schedule organization project construction, timely coordinate and solve the problems existing in the project construction;

(8) Organizing production preparation and personnel training;

(nine) to cooperate with the audit of projects under construction;

(10) Organize the unit start-up, commissioning and commissioning acceptance according to the Code for Start-up and Completion Acceptance of Basic Construction Projects of Thermal Power Plants;

(eleven) to organize the preparation of as-built drawings;

(twelve) according to the standard of unit output, organize the preliminary examination and declaration of unit output;

(thirteen) to prepare the financial statements of the project and accept the audit of the final accounts of the project;

(fourteen) to organize the project completion and acceptance, and put forward the project completion and acceptance report; Organize post-project evaluation and put forward post-project evaluation report; Organize the trial production and performance assessment of the unit;

(fifteen) according to the relevant provisions of the declaration of on-grid tariff.