Article 2 The term "government investment" as mentioned in these Measures refers to the investment in fixed assets with the following funds (or assets).
(a) the financial budget funds at the corresponding level.
(two) the higher authorities special grant funds.
(3) national debt.
(four) loans from international financial organizations and foreign governments and other government sovereign foreign debt funds.
(5) Funds raised through government credit loans or government promised repayment.
(six) other government funds or assets.
Article 3 These Measures shall apply to the new construction, expansion, reconstruction and maintenance of all construction projects involving government investment.
Where the state and province have other provisions on the use of government sovereign foreign debt funds such as loans from international financial organizations and foreign governments, special funds from the central and provincial governments, such provisions shall prevail.
Article 4 Government investment is mainly used in economic and social fields where resources cannot be effectively allocated by the market, including public welfare, public infrastructure and social undertakings, to protect and improve the ecological environment, promote the coordinated development of urban and rural areas, and promote the adjustment and optimization of industrial structure and scientific and technological progress.
Fifth development and reform department is the government investment department (hereinafter referred to as the investment department), responsible for the comprehensive supervision and management of the government's annual investment plan, investment project approval and project fund plan.
The financial department is responsible for the budget preparation, fund allocation audit, government procurement management, financial activities supervision and other work of government investment projects, and the final accounts of the project completion (finance) are reviewed and approved.
The audit department is responsible for auditing the construction drawing budget and settlement of government investment projects, tracking and auditing major projects, and auditing and supervising the final accounts.
The supervision department is responsible for the administrative supervision of government investment projects and the supervision of building a clean government.
Special inspector office is responsible for the whole process inspection of government investment projects.
Planning, land and resources, environmental protection, construction and other relevant functional departments shall, in accordance with their respective responsibilities, manage and supervise government investment projects.
Article 6 Basic construction procedures of construction projects (in numerical order):
(a) the examination and approval of the project (project proposal), but also the examination and approval of the survey and design bidding scheme.
(2) Planning and site selection, land pre-examination, environmental impact assessment, energy-saving assessment and review, and relevant examination and approval that must be completed according to the project conditions.
(three) to approve the feasibility study report, and at the same time approve the bidding scheme.
(four) land use approval, project planning permission, detailed survey, preliminary design review, budget review, etc.
(five) issued a project investment plan, bidding and purchasing according to law.
(six) the review, signing and filing of the winning contract.
(seven) construction permit, start construction.
(8) Completion acceptance.
(9) Settlement, examination of final accounts and payment of funds.
(10) Transfer of assets.
Article 7 Government investment projects shall meet the following requirements:
(a) in line with the national industrial policy, economic and social development planning, urban master planning and special planning, land use planning, as well as resource conservation, ecological environment protection and other provisions.
(2) The arrangement of the annual investment plan of the project should follow the principle of "living within our means and making a comprehensive balance".
(3) Investment decision-making and project implementation, and strengthening project life cycle cost control.
(four) the basic construction procedures stipulated by the state shall be strictly implemented in the aspects of construction approval, construction implementation and completion acceptance.
(five) strictly implement the project legal person system, bidding system, contract management filing system, project supervision system, safety production responsibility system, project quality lifelong responsibility system and major project tracking audit system.
(six) in strict accordance with the principle of "budget control budget, budget control budget, budget control final accounts".
(seven) government investment projects that have a significant impact on the economy, society and ecological environment shall implement the publicity system, the hearing system and the expert appraisal system. Article 8 Departments in charge of various industries shall prepare project construction plans according to the economic and social development plans, and report them to the government for approval after being reviewed and synthesized by the investment authorities, which shall serve as an important basis for the government's investment decision.
Ninth the establishment of government investment project library, in accordance with the relevant provisions of the "Changsha project library management measures" to implement dynamic information management. Government investment projects are included in the project library according to the following procedures:
(1) Each department shall apply to the competent investment department for project warehousing according to the project construction plan.
(two) the competent department of investment shall organize a joint hearing to approve the warehousing.
(3) Determine the project number after the project is completed and the feasibility study report is approved.
Project number is a necessary condition for project follow-up procedures and fund allocation.
Tenth government investment decision-making procedures:
(a) the financial sector at the beginning of the fourth quarter of each year put forward the total size of available financial resources for government investment in the next year.
(II) The competent investment department shall, according to the total size of available financial resources for government investment in the next year and the priorities of warehousing projects, negotiate with relevant departments to put forward suggestions on government investment plans for the next year, report them to the executive meeting of the government for approval, announce them to the public, and incorporate them into the draft annual plan for national economic and social development.
(three) the investment department issued the project investment plan according to the government's annual investment plan and the completion of the preliminary work of the project.
Eleventh government annual investment plan, priority should be given to key projects and livelihood projects, priority should be given to continued construction projects, priority should be given to central and provincial investment projects.
The annual investment plan of the government shall include the following contents:
(a) the total annual investment scale of the government at the corresponding level.
(2) The annual investment plan of the construction project, including the project name, the project legal person, the construction scale and content, the construction period, the total investment and funding sources of the project, the annual investment scale and funding sources, and the completed investment of the continuation project, etc.
(three) the preliminary work expenses of the government investment projects to be arranged.
(4) Preparatory projects to be arranged.
(five) other circumstances that should be explained.
Article 12 Once the government's annual investment plan is determined, it must be strictly implemented. If the annual investment projects of the government need to be adjusted, the competent department of industry shall report to the competent department of investment, and the competent department of investment shall, jointly with the relevant departments such as finance, put forward an adjustment plan, which shall be implemented after being approved by the executive meeting of the government or the mayor's office meeting.
Thirteenth projects that apply for inclusion in the annual government investment plan must be selected from the government investment project library and must meet the following conditions:
(1) The feasibility study report of the project has been approved as required.
(2) The project legal person has been determined.
(three) other sources of funds other than government investment have been implemented.
According to the annual economic and social development goals, projects that need to be included in the government's annual investment plan, but do not fully meet the above requirements, can be included in the government's annual investment plan as preparatory projects, and then be arranged as formal projects and implemented after conditions are met. Fourteenth government investment projects shall be declared by the project construction unit to the competent investment department. The project approval document is the basis for handling the follow-up procedures of the project.
Major projects should also entrust intermediaries to prepare project proposals when reporting, which should be examined and approved by the investment authorities, and the content and depth must meet the requirements of national norms.
Projects with government investment of more than 30 million yuan or projects with direct financial allocation of more than 2 million yuan shall be submitted to the government for approval after preliminary examination opinions are put forward by the investment authorities.
Fifteenth project construction units shall apply to the planning, land resources, environmental protection, development and reform departments for site selection, land use pre-trial opinions, environmental impact assessment, energy conservation assessment and review according to the project approval documents, as the basis for the approval of the feasibility study report.
Article 16 A project construction unit shall entrust an intermediary agency to prepare a feasibility study report of the project and report it to the competent investment department for approval. The competent department of investment shall entrust an intermediary agency to make an assessment, and jointly with the administrative departments of planning, land and resources, environmental protection, finance and related industries and invite relevant experts to focus on the evaluation and demonstration of the construction plan and investment estimation, and reply in accordance with the examination and approval authority; The construction plan of major projects shall be submitted to the mayor's office meeting for deliberation and determination. Projects that need to be reported to the higher authorities for examination and approval shall be reviewed by the municipal investment authorities and put forward opinions.
Seventeenth investment estimation refers to the total investment of construction projects approved by the feasibility study report. The investment estimate includes the total cost of project construction, other costs of project construction (including land acquisition and demolition costs), reserve funds, loan interest during the construction period, etc.
Eighteenth planning management departments according to the approval documents issued by the competent investment department of the project feasibility study report, according to the procedures issued by the construction land planning permit; The land and resources management department shall handle the land red line for the project construction unit according to the approval document of the project feasibility study report of the investment department and the construction land planning permit.
Nineteenth project units should choose survey and design units according to law, and make preliminary design according to the approval documents of project feasibility study report, construction land planning permit, land red line, land use certificate and other documents, and report to the competent department of industry for approval.
The preliminary design follows the principle of limited design investment estimation and control of design budget estimation. A project that has not completed the examination and approval of the feasibility study report (or the examination and approval of the project application report) shall not be subject to preliminary design examination and approval.
Twentieth after the completion of the preliminary design review of the project, the design budget report must be prepared and submitted to the budget review department for approval. Design budgetary estimate refers to all the expenses incurred in the whole process of the project from preparation to completion acceptance and delivery, including: project construction expenses, other expenses of project construction (including land acquisition and demolition expenses approved by the demolition management department), preparation expenses and loan interest during the construction period. If the estimated design budget exceeds the investment estimate (excluding the cost of land acquisition and demolition) 10%, the feasibility study report must be submitted for approval again or the preliminary design must be revised.
The design budget of municipal, transportation and water conservancy projects invested by the government shall be audited by the competent department of industry and reported to the competent department of government investment for countersignature; The design budget of other government investment projects shall be reviewed by the competent government investment department.
Twenty-first approved design budget is the maximum amount of project investment and the basis for the investment department to issue the project investment plan. Under special circumstances, if it is really necessary to adjust the investment scale or construction standards, it must be reported in advance to the competent investment department in conjunction with the competent industry department for examination and approval according to procedures.
Twenty-second project construction units shall entrust design units to carry out construction drawing design, and entrust intermediary agencies to review and report to the competent department of industry for the record.
Twenty-third project construction units shall entrust intermediary agencies to prepare the project budget and report it to the audit department for review.
The construction drawing budget shall not exceed the engineering construction cost in the approved design budget estimate. Twenty-fourth government investment projects should be clear about the project legal person, responsible for the construction, management and operation of the project. Government investment projects that do not meet the requirements of implementing the project legal person responsibility system shall be implemented by the competent department of the project with the approval of the government, and the government authorizes the competent department of investment, the financial department and the competent department of the project to sign the project management responsibility letter.
Twenty-fifth non-operating government investment in public welfare projects to implement the agent construction system. Projects that implement the agent construction system shall be clearly defined in the reply of the project proposal or project feasibility study report. The construction unit shall be selected by the investment department in conjunction with the government investment department and the project administrative department through bidding according to law. Measures for the administration of the agent construction system shall be formulated separately.
Article 26 If financing methods such as BOT, TOT, BT and PPP are approved by the government executive meeting or the mayor's office meeting, the project legal person bidding system shall be implemented, that is, qualified project legal persons shall be selected for project investment, construction and operation through public bidding.
For the project that must be subject to project legal tender, it should be made clear when the project proposal or project feasibility study report is approved.
Twenty-seventh government investment projects survey, design, construction, supervision and procurement of important equipment and materials shall be subject to tender according to law; Other projects that fall within the scope of the government procurement catalogue shall be subject to government procurement. All bidding and purchasing activities must be carried out in Changsha Public Resource Trading Center. For the project with a total investment of 654.38 billion yuan, the bidding scheme (including bid division, bidding method and time arrangement, etc.). ) and the bid evaluation methods and qualification examination conditions for construction projects with a single pre-tender estimate of more than 20 million yuan must be reported in writing in advance to the deputy mayor in charge of the municipal government for approval; For major projects with a total investment of more than 500 million yuan, the tender announcement and tender scheme (including bid division, tender method and organization form, composition of bid evaluation committee, bid evaluation method, basic qualifications of bidders, tender schedule, etc.). ) need to be reported to the main leaders of the municipal government for approval.
The competent investment department shall, jointly with the competent industry departments and other relevant departments, be responsible for supervising the whole bidding process of government investment projects.
Twenty-eighth government investment projects must implement the contract management system. Its survey and design, construction, equipment and materials procurement and engineering supervision, as well as agency construction and project legal person bidding. The contract must be signed according to law. All kinds of contracts must comply with the contract law, the bidding law, the government procurement law and relevant regulations, and must be signed in accordance with the amount determined by bidding and procurement; Gradually implement the standard contract text, put forward by the competent department of industry, and implemented after being audited by the Legislative Affairs Office of the municipal government. If the financing contract and construction contract with an amount of more than 5 million yuan are not signed according to the standard text of the contract, they must be reported to the Legislative Affairs Office of the municipal government for legality review before signing.
It is strictly forbidden for any unit to sign a construction contract over budget or to change or sign a contract without the approval of the competent department.
Twenty-ninth government investment projects to implement the project supervision system. The supervision unit shall supervise the engineering construction according to the relevant laws, regulations, rules, engineering design documents, supervision contracts and other engineering construction contracts.
Thirtieth government investment projects in case of special circumstances caused by non-human reasons, the construction unit should put forward and provide relevant information. When the project content or quantity changes, the project construction unit (or agent construction unit), design supervision unit, industry director, investment director, audit department and financial department should confirm each other.
In case of sudden accidents and emergencies endangering the safety of life and property, necessary emergency measures can be taken at the scene and reported to the competent department of the project; If additional investment is really necessary, it is necessary to submit an additional investment pre-report to the competent department of industry and the competent department of investment within 2 working days, and the competent department of investment shall go through the relevant examination and approval procedures according to the prescribed procedures.
Other circumstances lead to an increase in investment scale, which shall be borne by the construction party itself and not paid by the government.
Thirty-first government investment projects must strictly implement the on-site project visa system. Project construction can only be changed due to policy adjustment, force majeure or unforeseen factors. The project construction unit shall put forward the change plan in advance and report it to the original examination and approval department for approval according to the prescribed procedures. Under other circumstances, no engineering changes may be made.
If the investment scale changes, it shall be reported to the competent investment department in advance in conjunction with relevant departments for examination and approval according to procedures; If you increase your investment, it will be invalid to reissue it afterwards.
Thirty-second government investment projects to implement the lifelong responsibility system for project quality. The relevant administrative leaders, project legal representatives and relevant responsible persons of the survey, design, construction and supervision units of government investment projects shall be responsible for the project quality for life according to their respective responsibilities.
Article 33 The construction period of government-invested projects shall be determined scientifically, and the construction tasks must be completed within the time limit stipulated in the bid-winning contract, and the completion acceptance handover system shall be implemented according to law. The government affairs center shall organize relevant departments such as investment director, auditing, finance and industry director to conduct acceptance according to their respective responsibilities.
Article 34 The project construction unit shall submit the project settlement data to the audit department for audit within 28 working days after the comprehensive completion and acceptance of the government-invested project, and submit the completion settlement audit report and other related materials issued by the audit department to the financial department for final accounts audit reply within 15 working days. Audit and finance departments should complete the project settlement, final accounts and other related work within 6 months.
Thirty-fifth project construction units shall, within 30 working days after the approval of the final financial accounts, handle the registration of public assets according to law and incorporate them into the supervision and management of public assets.
Thirty-sixth project construction units should handle the management transfer procedures within 3 months after acceptance; If it is necessary to register property rights, it should be registered first. The key projects invested by the government shall be handed over after the financial department has examined and approved the final financial accounts, and shall be audited by the auditing department.
Thirty-seventh government investment projects shall strictly implement the system of statistics, file management and information submission in accordance with relevant regulations. The implementation of project approval, construction, acceptance and final accounts are recorded in the project library management information system for future reference.
Thirty-eighth government investment projects to implement the post-project evaluation system. After the trial period of project delivery expires, the competent investment department shall, jointly with the departments of finance, auditing and supervision, conduct post-project evaluation in accordance with the relevant provisions of the state, and report the evaluation conclusion to the people's government at the same level.
Thirty-ninth eligible government investment projects are approved by the people's government at the same level, and property rights or equity are transferred according to law, and the recovered funds are used for rolling investment.
Fortieth the term "intermediary institutions" as mentioned in these Measures refers to the institutions recognized by the relevant departments of the municipal government according to law, which meet the relevant qualification requirements and provide relevant services for government investment projects.
The competent department of investment shall, jointly with the competent departments of finance, auditing and industry, establish a library of intermediary institutions for government investment projects according to law. Where each department entrusts an intermediary agency to undertake the business related to government investment projects, it shall be drawn from the intermediary agency library, except that it must be determined through public bidding according to law. Specific management measures shall be formulated separately. Forty-first government investment projects are allocated according to the following procedures:
(1) The competent investment department issues the project investment plan according to the government's annual investment plan, the approval of the feasibility study report and the approval of the design budget estimate, and the financial department and the government investment company allocate construction funds according to the approval documents of the project investment plan and the progress of the project. The project construction unit (or financing platform) shall, in accordance with the relevant provisions, implement the "double control" management of government-invested project construction funds (except government sovereign foreign debt funds such as loans from international financial organizations and foreign governments).
(two) the government investment projects to implement the system of direct disbursement of funds. For projects that use budgetary funds, the project construction unit shall go through the appropriation formalities with the Municipal Treasury Centralized Payment Bureau on the strength of the approval documents of the project investment plan and the relevant documents for approval of commencement, as well as the application for appropriation signed by the relevant contract of design, construction and supervision and the person in charge of the construction unit; The municipal centralized treasury payment bureau will directly allocate the construction funds to the design, construction, supervision or equipment supply units after the audit according to the procedures. Government investment in the form of financial subsidies shall be directly allocated to the project unit by the financial department. For projects that use the financing funds of government investment companies, government investment companies should set up corresponding institutions and implement the direct fund allocation system with reference to the financial budget fund allocation model. The project funds allocation procedures for the construction agent system shall be implemented in accordance with the Measures for the Administration of Construction Agent System.
(3) The use of construction funds as stipulated in Items (2), (3), (4), (5) and (6) of Article 2 of these Measures must also be managed in accordance with the government's annual investment plan and fund disbursement procedures.
Forty-second in the arrangement of the government's annual investment plan, the special funds for the preliminary work should be arranged as a whole and managed according to the following procedures:
(a) the preliminary work funds refer to the expenses incurred in project establishment, feasibility study, land use approval, preliminary design survey, preparation, review and demonstration. The funds for the preliminary work of the project shall be managed in a rolling way. After the preliminary work of the project is completed, the financial department or financing platform shall deduct the construction funds when arranging the allocation.
(two) the project legal person or the competent department of the project shall declare the pre-project work plan to the competent department of investment, and be responsible for organizing the implementation of the pre-project work.
(three) the investment department issued the preliminary work plan of the project and input it into the project library management information system.
(four) the financial department according to the investment department issued the project preliminary work plan documents appropriated preliminary work funds.
(five) after the completion of the preliminary work of the project, the investment department shall specify the funds for the preliminary work when issuing the project investment plan.
Forty-third government investment projects must set up a special account, accounting in accordance with the basic construction financial system and accounting system, and strictly in accordance with the requirements of the investment plan approval documents.
Forty-fourth reform the management of government investment companies.
(a) the investment company must be established and operated in accordance with the modern enterprise system, and mainly undertake the financing, investment, construction, operation and management of construction projects to ensure the safety and efficiency of government investment.
(two) the investment projects arranged by the government and the projects arranged by the investment company must be included in the annual investment plan management of the government, and shall be handled according to the basic construction procedures after the comprehensive balance of the investment department.
Forty-fifth financial departments or government investment companies shall allocate funds according to the project investment plan and project construction progress. In principle, the accumulated amount of the project payment before the project completion acceptance shall not exceed 70% of the contract price. If it is really necessary to pay in excess of the proportion, it must be reported to the financial department and the audit department for approval in advance, but it is strictly forbidden to pay in excess of the estimated budget and budget. The remaining funds shall be liquidated according to the settlement audit results of the audit department and the financial final accounts audited by the financial department. Forty-sixth project departments to implement the responsibility system for government investment projects. The competent department of the project is responsible for the industry supervision of the project implementation, and timely reports the problems in the process of project implementation to the government and relevant departments.
Forty-seventh the implementation of government investment projects inspection system. Special inspector office of major projects in the city is responsible for the whole process inspection of government investment projects according to the Measures for the Inspection of Major Projects in Changsha.
Forty-eighth administrative supervision organs are responsible for the implementation of administrative supervision of the relevant units and departments involved in government investment projects, and carry out law enforcement supervision, efficiency supervision and clean government supervision according to law.
Forty-ninth government investment to implement the information disclosure system.
(a) the government portal website to establish information columns of government investment projects, and accept the supervision of NPC deputies, CPPCC members, news media and all sectors of society.
(2) The competent investment department announces the government investment control objectives, main control policies, investment status of key industries and industrial guidance catalogue in the information column, so as to give play to the guiding role of government investment in the whole society.
(III) The competent department of industry shall disclose in the information column detailed information such as the scale and content of the annual government investment projects in this industry, the total investment and the arrangement of government funds, the names of project construction units, survey and design units, construction units and supervision units, the names of persons in charge, and the time of commencement and completion.
(four) the project construction unit shall publish the project information in a prominent position on the construction site.
(five) the relevant government departments shall publish telephone numbers and other ways to report complaints, accept complaints from citizens, legal persons and other organizations, and report illegal acts in the approval and construction of government investment projects. Fiftieth the term "project construction unit" as mentioned in these Measures refers to the legal entity or government department responsible for organizing the project implementation and construction management. If the project construction unit has one of the following acts, it shall be ordered to make rectification within a time limit, and its bad behavior shall be recorded in the credit file and published in the media; Causing economic losses, it shall be liable for compensation according to law; Punish the person in charge of the unit and the person directly responsible according to discipline; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) did not perform the basic construction procedures.
(two) without approval to improve the construction standards, expand the scale of investment, change the construction content.
(3) Failing to organize bidding according to law.
(four) transfer, occupation or misappropriation of construction funds.
(five) delivery without acceptance or unqualified acceptance.
(six) other acts in violation of these measures and relevant laws and regulations.
Fifty-first the relevant administrative departments of the government have one of the following acts, and the supervisory organ shall order them to make corrections within a time limit; If no correction is made within the time limit, it shall be punished as a violation of discipline; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) in violation of the relevant provisions of the state and the basic construction procedures such as project approval, environmental assessment, feasibility study, survey and design, budget estimate and planned land use.
(two) in violation of the provisions of these measures, the approval of the super scale, super standard, super budget, super budget.
(3) interfering in the bidding activities.
(four) in violation of the provisions of these measures.
(five) the conclusion of the review or supervision is seriously inaccurate or fraudulent.
(six) other acts in violation of these measures and relevant laws and regulations.
Article 52 Intermediaries, contractors and their employees who undertake business related to government investment projects collude with project units or related parties to operate illegally, and the results reports or evaluation conclusions issued by them are seriously inaccurate, or the quality of the projects is poor, their bad behaviors shall be recorded in the credit files and published in the media according to the seriousness of the case, or the relevant departments shall not entrust them to undertake business related to government investment projects within five years; Causing economic losses, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 53 If a major quality or safety accident occurs in a government-invested project, the legal responsibilities of the legal representative and the person directly responsible of the contractor and the project construction unit shall be investigated according to law, and the administrative responsibilities of the responsible persons and managers of the relevant management departments of the project shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 54 If any functionary of a state organ abuses his power, engages in malpractices for selfish ends, extorts and accepts bribes, neglects his duty, lacks supervision, misbehaves or neglects his duty, thus causing heavy losses, he shall be investigated for the administrative responsibility of the competent leader of the responsible unit and relevant personnel according to law and discipline; If a crime is constituted, criminal responsibility shall be investigated according to law. Fifty-fifth district and county (city) government investment project management with reference to these measures.
Article 56 Measures for the administration of government investment other than these Measures shall be formulated separately.
Article 57 These Measures shall come into force on August 5, 20 12.