The "Regulations" mainly have the following four main features:
First, it embodies the characteristics of management according to law.
The "Regulations" are formulated in strict accordance with the relevant laws and regulations of the state from the basis, content, time limit for examination and approval, and provisions for setting penalties. The scope of application of the Regulations and the division of responsibilities are mainly determined according to the People's Republic of China (PRC) Port Law. The contents are mainly based on the Bidding Law of People's Republic of China (PRC), Regulations on Quality Management of Construction Projects, Regulations on Survey and Design Management of Construction Projects and the State Council's Decision on Investment System Reform, etc. The provisions on the time limit for examination and approval and the intensity of punishment are mainly based on the Administrative Licensing Law of People's Republic of China (PRC). Second, it embodies the characteristics of industry management.
The Regulations embody the characteristics of industry management in terms of scope of application, management responsibilities, construction procedures, market management, construction information management and punishment measures, mainly in the following aspects: 1. In the scope of application, according to the relevant provisions of the Port Law, port construction activities other than military and fishery are included in the scope of transportation industry, especially with petroleum, chemical industry and power plants. 2. In terms of management responsibilities, it is stipulated that the Ministry of Communications is the competent department of the industry, and port construction is jointly managed by the Ministry of Communications, the provincial department of transportation and the competent department of the port where the port is located, which embodies the industry management mode of "unified management and graded responsibility" and manages all port construction. 3. In terms of construction procedures, firstly, the construction procedures from the preliminary work of port construction to the completion and acceptance are defined, including the whole process of port construction, which embodies the whole process management of the industry. Secondly, except for the differences in project initiation procedures between government-invested projects and enterprise-invested projects, the infrastructure procedures are the same. The different project approval procedures require the management of national investment projects to be stricter in project approval, but both government investment projects and enterprise investment projects embody the principle of consistency in industry management in infrastructure project management. 4. In terms of market management, the Regulations embody the industry management mode of classified responsibility in port construction project management; In the management of employees, we do not distinguish between the forms of enterprise ownership and the central and local enterprises, but put forward corresponding requirements for all units entering the port construction market from the perspective of industry management; In terms of clean government, it also puts forward requirements from the perspective of industry management. 5. In the construction of information management, corresponding requirements are put forward for relevant units from the aspects of information submission and information management. 6. In terms of punishment measures, corresponding punishment provisions have been formulated according to the People's Republic of China (PRC) Port Law, which embodies the principle of fairness in industry management. Third, it embodies the characteristics of scientific management.
On the basis of summing up the experience of port construction management, the "Regulations" were strictly followed by the procedures stipulated by the state and the Ministry of Communications, and were repeatedly revised through expert discussion and soliciting opinions from the industry. There are two bright spots in the Regulations, which have attracted everyone's attention. One is about the preliminary design consulting review, and the other is the main body of the construction drawing design review. Design review is an administrative license reserved by the State Council after administrative examination and approval. Preliminary design is a very important link in engineering construction, which involves many engineering and technical problems. Therefore, it takes a lot of time and energy to check technical problems, coordinate issues raised by environmental protection, fire protection, safety, health and maritime affairs, and invite a large number of technical experts to attend the meeting. The effect is not necessarily good. In order to ensure the quality of preliminary design review and the safety of port engineering, after investigation and study, the idea of entrusting consulting review for technical problems is put forward. Entrusted consulting review refers to entrusting another design unit with a qualification level not lower than that of the original preliminary design document preparation unit to conduct technical review and consultation on the preliminary design document when approving the preliminary design. The evaluation and consultation units are qualified. At present, the Ministry of Communications has determined that five design units, including CCCC Waterway Planning and Design Institute and CCCC No.1, No.2, No.3 and No.4 Waterway Engineering Design Institute, are qualified for design review and consultation. In this way, the port administrative department will reply to the preliminary design documents according to the review and consultation report, other relevant documents and the opinions of relevant departments. At the same time, it also stipulates that before approving the construction drawing design, the examination and approval department shall entrust another design unit with a qualification level not lower than that of the original construction drawing design document preparation unit to review the contents of the construction drawing design document on structural safety, stability and durability. With regard to the main body of construction drawing design review, a lot of investigation and research have been carried out in the process of compiling the Regulations, and the construction drawing design is very complicated. According to the relevant provisions of the state, in order to ensure the quality of construction drawing design review and concentrate on industry management, the regulations clearly hand over the construction drawing design review to the port competent department where the port is located. The "Regulations" embodies the idea of scientific management and has been well received by everyone since its release. Fourth, it embodies the characteristics of unified management.
In the process of formulating the Regulations, the idea of unified management has always been maintained. First of all, from the scope of adaptation, unified management has been implemented for ports other than military ports and fishing ports; Secondly, from the perspective of industry management, it is clear that the Ministry of Communications is the national port administrative department; Thirdly, from the construction procedure, not only the whole process of engineering construction, but also the unified port construction project management procedure is formulated in the basic construction procedure; Fourth, in terms of market management and information submission, all relevant units and construction projects should abide by relevant regulations. Fifth, in terms of legal responsibility, we should follow the principles of fairness, justice and openness, bear the same legal responsibility and punishment measures, and treat them equally.
Scope of application of the Ordinance:
These Regulations shall apply to the construction activities of new, expanded and rebuilt port construction projects in People's Republic of China (PRC) (including port construction projects supporting other construction projects) and its supporting facilities. (This provision does not apply to the construction activities of military ports and fishing ports. The "Regulations" clarify that the Ministry of Communications is the competent department of port construction management, and particularly emphasize that the management of port construction projects supporting other construction projects should abide by the "Regulations".
How does "Regulations" define the management authority of port construction?
The "Regulations" embodies the principle of unified management and graded responsibility for port construction, and clarifies the management authority of port construction: the Ministry of Communications is responsible for the industry management of port construction throughout the country, and is specifically responsible for the construction management of port construction projects approved by the National Development and Reform Commission and approved by the Ministry of Communications. Provincial transportation departments are responsible for the industry management of port construction within their respective administrative areas, and are specifically responsible for the construction management of port construction projects approved by relevant departments of provincial people's governments. The construction and management of other port construction projects shall be the responsibility of the port administrative department where the port is located.
Provisions on Construction Procedures of Port Construction Projects require that:
The "Regulations" emphasize the implementation of port construction procedures, stipulating that port construction shall be carried out in accordance with the construction procedures and relevant regulations stipulated by the state, and the construction procedures shall not be simplified without authorization unless otherwise stipulated by the state. In terms of project initiation procedures, it is stipulated that the project proposal and feasibility study report of port construction projects invested by the government shall be subject to examination and approval system, and the project application report and filing documents of port construction projects invested by enterprises shall be subject to examination and approval system and filing system respectively. It is stipulated that the port coastline shall implement the administrative licensing system. The deepwater coastline of the port shall be examined and approved by the Ministry of Communications in conjunction with the National Development and Reform Commission; The non-deep water coastline of a port shall be approved by the port administrative department. The port construction projects approved by the National Development and Reform Commission use the port coastline, and the approval procedures for the use of the port coastline are no longer handled. In terms of capital construction procedures, it is stipulated that in the process of survey, design, bidding, construction and acceptance, both government-invested projects and enterprise-invested projects should strictly abide by national laws and administrative regulations on capital construction and strictly implement relevant construction procedures. Mainly includes: First, the port engineering design management implements the administrative licensing system. Port engineering design is divided into two stages: preliminary design and construction drawing design. The preliminary design of port engineering shall be examined and approved by the corresponding port administrative department according to the authority stipulated in Article 3, and the construction drawing design shall be examined and approved by the port administrative department where the port is located. Two, the port construction project bidding filing system requires the port administrative department to supervise and manage the bidding work of port construction projects according to law. The project legal person of a port project shall report the tender documents, pre-qualification results and bid evaluation results to the port administrative department for the record in accordance with the project management authority. Three, the port construction project starts to implement the filing system, which requires that the port construction project should have the conditions to start, and the project legal person should file with the port administrative department in accordance with the project management authority before starting. Four, the port construction project completion and acceptance of the implementation of administrative licensing system. After the completion of a port construction project, it shall be completed and accepted in accordance with the relevant provisions of the Measures for the Completion and Acceptance of Port Projects issued by the Ministry of Communications. Port construction projects can only be delivered after completion and acceptance.
"Regulations on the Administration of Port Construction Market" requires:
The Regulations define the main contents of port construction market management, including project legal person responsibility system, bidding system, contract management system, project supervision system and quality and safety supervision and management system. At the same time, specific requirements are put forward for port administrative departments, legal persons of port construction projects and port construction practitioners, and corresponding provisions are made for clean government work in the field of port construction. Mainly includes: 1. Port construction project management: 1. Port projects implement the project legal person responsibility system. It is stipulated that the project legal person is responsible for the planning, financing, construction implementation, production and operation, debt repayment and asset preservation and appreciation of the construction project, and implements the whole process management of the construction project in accordance with relevant state regulations. 2. Bidding system for port projects. It is stipulated that the project legal person shall, in accordance with the principles of openness, fairness, impartiality, honesty and credibility, and in accordance with the Bidding Law of People's Republic of China (PRC) and the Provisions on the Administration of Bidding for Survey, Design, Construction and Construction in supervision bidding promulgated by the Ministry of Communications, conduct bidding for the survey, design, construction and supervision of construction projects and the procurement of important equipment and materials according to law. At the same time, it is stipulated that no unit or individual may break up a construction project that must be subject to bidding according to law or evade bidding or false bidding in any other way. 3, port engineering contract management system. It is stipulated that the project legal person shall conclude a written contract with the winning bidder according to the bidding documents and the bidding documents of the winning bidder. The project legal person and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract. 4, port engineering project supervision system. According to laws, regulations and relevant technical standards, specifications and documents, the supervision unit is required to monitor the project quality, safety, progress and project investment on behalf of the construction unit, manage contracts, information and materials, and coordinate the relationship between relevant units. 5, port engineering quality and safety supervision and management system. It is stipulated that the port project shall implement the quality assurance system of government supervision, legal person management, social supervision and enterprise self-inspection. The port administrative departments and the quality supervision institutions entrusted by them shall, in accordance with relevant laws, regulations, rules, technical standards and norms, follow the principles of science, objectivity, openness, fairness and impartiality, and implement the supervision and management of quality and safety production. Ii. Requirements of port administrative departments, legal persons of port construction projects, port construction employees and personnel: 1. It is stipulated that the port administrative department should strengthen the dynamic supervision and management of port engineering practitioners and their market behavior, and gradually establish a credit management system for port engineering construction market. The port administrative department shall establish a quality complaint reporting system, accept social supervision and conscientiously implement all kinds of complaints and reports. 2. It is stipulated that legal persons, survey units, design units, construction units, supervision units and units related to safety production of port engineering construction projects must adhere to the principle of safety first and prevention first, strictly implement national laws and regulations on safety production, establish and improve safety production rules and regulations, and project legal persons, construction units and supervision units shall formulate safety emergency plans, strengthen the education of workers on safety production, implement the persons responsible for safety production of construction projects, and assume the responsibility for safety production according to law. 3. It is stipulated that business units involved in port construction, such as survey, design, construction and supervision, should be honest and trustworthy, and can only enter the port construction market after obtaining corresponding qualifications according to law. The survey unit shall be responsible for the quality of the survey results, and the geological, surveying and hydrological survey results provided must be true, accurate and complete; The design unit is responsible for the quality of the design results, and the design documents shall meet the design depth requirements stipulated by the state; The construction unit shall be responsible for the construction quality of the project, and the relevant personnel of the construction unit shall hold relevant certificates in accordance with the relevant provisions of the state; The supervision unit shall be responsible for the supervision of project quality, and the supervision unit and supervision personnel shall fully perform the rights and obligations of supervision based on the principles of science, impartiality and independence. Three. In the field of clean government work in port construction: if it is stipulated that clean government contracts should be signed according to regulations, the project legal person should sign clean government contracts with the construction and supervision units, and include the implementation of clean government contracts in the scope of construction assessment.
Reasons for implementing the information submission system of construction projects;
In order to fully understand and master the port construction situation in the whole industry, adjust the port construction management according to the port construction situation, timely analyze the port economic operation combined with the national economic development, formulate industry management policies and regulations, and strengthen industry management, the Regulations clearly require the implementation of the construction project information submission system, and specify the information summary department and reporting time. At the same time, it is stipulated that when engineering quality accidents and safety accidents occur, the accident unit shall report to the relevant departments in a timely manner in accordance with relevant state regulations and safety emergency plans.
Requirements of "Regulations" in clarifying relevant legal responsibilities:
The regulations clarify the responsibilities of project legal persons, survey units, design units, construction units, supervision units, quality supervision institutions and port administrative departments in port construction, and put forward clear punishment measures. At the same time, the corresponding punishment provisions have been made especially for the acts of violating the port planning and construction of port projects, using the port coastline without legal approval, and putting the port projects into use without acceptance. Provisions of the project legal person in violation of port planning and construction of port projects, without legal approval to use the port coastline, the port administrative department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the port administrative department shall apply to the people's court for compulsory removal of illegally built facilities, and may impose a fine of not more than 50,000 yuan. If a port project is put into use without acceptance, the port administrative department where the port is located shall order it to stop using it, make corrections within a time limit and impose a fine of not more than 50,000 yuan.
The new requirements of the Regulations on Port Design Management are mainly reflected in:
First, the submission channels, forwarding time, examination and approval departments, examination and approval contents and procedures of the preliminary design documents of port projects are clarified. For the preliminary design documents that are required to be examined and approved by the port administrative department where the port is located, the project legal person shall directly apply to the port administrative department where the port is located and submit relevant materials; If the preliminary design documents are examined and approved by the provincial transportation department, the project legal person shall submit the relevant materials to the port administrative department where the port is located, and the port administrative department where the port is located shall forward the relevant materials to the provincial transportation department; If the Ministry of Communications is responsible for examining and approving the preliminary design documents, the project legal person shall submit the relevant materials to the port administrative department where the port is located, and the port administrative department where the port is located shall submit them to the provincial department of transportation, which will forward the relevant materials to the Ministry of Communications. At the same time, it is stipulated that the newspaper forwarding agency shall complete the newspaper forwarding work within 5 working days after receiving the preliminary design application materials. Two, clear the examination and approval department, examination and approval content and approval procedures of port engineering construction drawing design documents. The "Regulations" clarify that the construction drawing design shall be examined and approved by the port administrative department where the port is located. It is stipulated that the examination and approval department shall make an approval decision on the construction drawing design documents that meet the requirements; For the construction drawing design documents that do not meet the requirements, a decision of disapproval shall be made, and the reasons shall be explained. Three, clear the new review form of preliminary design and construction drawing design. When examining and approving the preliminary design, the port administrative department shall, in accordance with the provisions, entrust other design units whose qualification level is not lower than that of the original preliminary design document preparation unit to conduct technical review and consultation on the preliminary design documents. After the examination and consultation unit completes the examination and consultation work, it shall issue an examination and consultation report to the port administrative department, and the port administrative department shall, according to the examination and consultation report, other relevant documents and the opinions of the relevant departments, reply the preliminary design documents within the statutory time limit. At the same time, it is stipulated that before approving the construction drawing design, the examination and approval department shall entrust another design unit with a qualification level not lower than that of the original construction drawing design document preparation unit to review the contents of the construction drawing design document on structural safety, stability and durability.
The reasons and specific requirements for implementing the filing system for commencement of construction;
As the port is an important public transport infrastructure and the port coastline is an important resource of the country, the port construction involves environmental protection, fire fighting, safety, land acquisition and demolition, etc. 1. In order to strengthen the management of port construction projects, timely understand and master the construction progress of port construction projects, standardize port construction procedures, improve the quality of port construction, safeguard people's lives and property and construction safety, promote the harmony of investment environment and improve the investment benefit, and strengthen the role of government supervision, the Regulations clearly stipulate that the project legal person of port construction projects shall go through the formalities for filing the commencement of construction with the relevant port administrative departments after completing the construction preparations and before the project implementation. In order to make the filing system play the supervisory role of government departments and meet the needs of port construction management, if the filing documents required by the regulations are inconsistent with the provisions of laws, administrative regulations and rules, the port administrative department shall put forward handling opinions within 7 days from the date of receiving the filing documents and exercise the right of supervision in time.
How can the transportation department promote the implementation of the regulations in the next step?
In order to make port authorities at all levels and relevant design, construction and supervision units have a more comprehensive, in-depth and correct understanding of the relevant requirements of the Regulations, the Ministry of Communications is preparing for the promulgation of the Regulations, and plans to start 3-5 publicity classes in the second half of this year. At the same time, the Ministry of Communications is also organizing inspections of projects under construction in ports, and resolutely investigating and handling violations in accordance with relevant regulations.