Provisions of Jilin Province on the Administration of Fixed Assets Investment Projects
Chapter I General Provisions Article 1 In order to further strengthen the management of fixed assets investment projects, standardize investment behavior, optimize investment structure and improve investment efficiency, these provisions are formulated in accordance with the spirit of the reform of the national investment and financing system and relevant regulations, and in combination with the actual situation of our province. Article 2 The fixed assets investment projects mentioned in these Provisions include capital construction investment projects, technological transformation investment projects, real estate development investment projects and other fixed assets investment projects. Article 3 The preliminary work and approval procedures for fixed assets investment projects must be carried out in accordance with the Interim Provisions of Jilin Province on Approval Procedures for Fixed Assets Investment Projects (Ji [1996] 14). The implementation of fixed assets investment projects should follow the Regulations of Jilin Province on the Administration of Construction Market and the relevant provisions of the state and province. Chapter II Investment Decision Article 4 Establish investment consultation, evaluation and decision-making procedures. All projects invested by the government, state-owned enterprises (including state-owned holding enterprises) and collective enterprises must be scientifically evaluated and demonstrated, and the consulting and evaluation system of qualified professional consulting and evaluation units must be implemented. Fifth consulting and evaluation units must adhere to the principle of seeking truth from facts and put forward independent, fair, scientific and reliable evaluation opinions on technology, engineering, economic benefits and social benefits in accordance with relevant state policies, decrees and regulations. Article 6 If decision-making mistakes are caused by consultation and evaluation, the economic responsibility and legal responsibility of the consultation and evaluation unit and relevant responsible persons shall be investigated. Article 7 The legal person responsibility system for construction projects shall be implemented. All fixed assets investment projects of state-owned units and collective units must set up a project legal person to be responsible for the whole process of project planning, fund raising, construction and implementation, operation and management, debt repayment and asset preservation and appreciation. Legal persons enjoy full autonomy in accordance with relevant state regulations, and must also bear corresponding investment risk responsibilities. Article 8 For fixed assets investment projects newly built, expanded or rebuilt by existing enterprises, the existing enterprise legal person shall be the project legal person. If a new independent accounting subsidiary is needed, the project legal person should be re-established. Article 9 A project legal person may establish a limited liability company (including a wholly state-owned company) and a joint stock limited company in accordance with the Company Law. Tenth fixed assets investment projects that implement the project legal person responsibility system, after the project proposal is approved, the project legal person shall be established in time, and the project legal person establishment plan shall be declared together with the project feasibility study report. If there is no project legal person establishment plan or the project legal person establishment plan does not conform to the relevant provisions, the project feasibility study report shall not be approved. After the project feasibility study report is approved, the project legal person is formally established, and the project legal person registration formalities shall be handled according to relevant regulations. Eleventh investment projects that should implement the project legal person responsibility system but have not been implemented, the examination and approval department of fixed assets investment shall not approve the start of construction, and the construction, land and other departments shall not approve and handle relevant procedures. Chapter III Survey and Design Article 12 Units engaged in survey and design of construction projects must hold the qualification grade certificate issued by the administrative department of construction of the government, and it is strictly prohibited to conduct survey and design without a license, leapfrog survey and design, or engage in survey and design beyond the business scope determined by the qualification grade certificate. Thirteenth survey and design units must implement quota design according to the approved design task book. Not according to the requirements of the construction unit and the project legal person, blindly expand the construction scale, increase the construction content and improve the construction standards. Fourteenth design departments should actively adopt advanced technology, advanced technology and effective scientific research results suitable for our province at home and abroad, and strive to improve the quality level of design. The design of large and medium-sized construction projects must carry out multi-scheme comparison and full technical and economic demonstration. The selected design scheme must be advanced in technology, reasonable in economy, safe and applicable, and good in investment benefit. Fifteenth design review department should strictly review the production process, equipment selection and various technical and economic indicators, and carefully check the design. The design that is not deep enough and does not meet the preliminary design requirements shall not be approved. Sixteenth engineering survey and design fees must be strictly in accordance with the provisions of the national and provincial price departments and standards. Seventeenth survey and design reasons affect the progress and quality of the project, resulting in project losses and waste, to investigate the economic and legal responsibilities of the survey and design departments and relevant responsible persons. If the circumstances are serious, it is necessary to lower its survey and design qualification level or cancel its survey and design qualification. Chapter IV Capital Article 18 A capital system shall be implemented for construction projects. All kinds of operating fixed assets investment projects, including capital construction, technological transformation, real estate development projects and collective investment projects of state-owned units, must implement capital according to the proportion stipulated by the state. Nineteenth projects that fail to implement the full capital in accordance with the regulations shall not be approved by the investment project management department, the financial department shall not provide loans, and the construction unit shall not raise funds through the capital market. Article 20 For investment projects with capital system, the contents related to capital should be added to the feasibility study report, including investors, investment methods, investment amount and proportion, documents proving the commitment of each investor, and assets evaluation materials such as physical objects, industrial property rights, non-patented technologies and land use rights. If the content is incomplete, the project examination and approval authority shall not approve its feasibility study report. Chapter V Project Commencement Article 21 For a newly started construction project, the construction unit shall submit a commencement report to the examination and approval department (Planning Commission or Economic and Trade Commission) after the preliminary design of the project is approved. After the investment plan is issued, before the contract is awarded, the construction must be reported to the construction administrative department.