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国家重点建设项目管理办法 MEASURES FOR THE ADMINISTRATION OF NATIONAL KEY CONSTRUCTION PROJECTS

2006-05-15 23:15   我要纠错 | 打印 | 收藏 | | |

计建设(1996)1105号
(Approved by the State Council on June 3, 1996 and promulgated by the State Planning Commission on June 14,1996)
颁布日期:19960614  实施日期:19960614  颁布单位:国家计委

  Article 1 These Measures are formulated for the purposes of strengthening the administration of national key construction projects, ensuring the construction quality and that the projects are completed on time, enhancing the investment returns and promoting the sustained, rapid and healthy development of national economy.

  Article 2 “National key construction projects” referred to in these Measures mean key construction items which are selected from the following large- and medium-sized national capital construction projects because of great influence upon national economy and social development:

  (1) large-sized items of infrastructure, basic industries and pillar industries;

  (2) items of high technology which can promote the industrial technological progress;

  (3) transregional items of great influence upon national or regional economic development;

  (4) items of great influence upon social development; and(5) other key construction items.

  Article 3 National key construction projects shall be designated in accordance with the national industrial policies, based upon the necessity and impossibility of national economy and social development, and in line with the principle of laying emphasis on priorities, acting according to the capability, leaving some margin, preventing scattered investment and ensuring capital injection and supply.

  Article 4 The planning department under the State Council shall designate national key construction projects in consultation with the competent departments concerned under the State Council.

  Article 5 Planning departments of people's governments of provinces, autonomous regions and municipalities directly under the central government and of cities separately listed in planning, and the competent departments (or companies) under the State Council may, within the scope of items specified in Article 2 and in accordance with the principle in Article 3 of these Measures, balance capital construction items within their respective regions or departments and file with the planning department under the State Council applications for listing some of them as national key construction projects for each year.

  The planning department under the State Council shall, after receiving the applications, seek the opinions of the competent departments concerned under the State Council, make overall balancing and designate preparatory national key construction projects after feasibility study reports of construction items submitted in applications have been approved. National key construction projects shall be designated officially after the construction of items submitted in applications has been started.

  The planning department under the State Council shall publish national key construction projects and preparatory national key construction projects after designating them.

  Article 6 The planning department under the State Council and planning departments of local people's governments concerned shall arrange annual investment plans for national key construction projects according to their construction periods of time.

  Article 7 A legal person established for a national key construction project shall assume overall responsibility for the construction project. If otherwise provided by state provisions, such provisions shall apply.

  A legal person established for a national key construction project shall be in charge of making preparations, raising funds, building, production and business operations, paying off debts and maintaining and increasing the value of assets for the construction project, and shall keep control over funds, time limit, quality and production safety of the national key construction project strictly according to relevant state provisions.

  The Company Law of the People's Republic of China and other relevant state provisions shall be applicable to the organizational form and structure of legal persons established for construction projects.

  Article 8 The competent departments concerned under the State Council, local people's governments concerned, banks, enterprises and institutions, each of whom is responsible for allocations to national key construction projects under annual investment plans and contracts for construction projects, shall ensure the construction allocations according to the schedules of the projects.

  Article 9 Each bank and department concerned shall give priority to equipment reserve allocations to national key construction projects.

  Article 10 The planning department under the State Council and planning departments of local people's governments concerned shall set aside a certain percentage of funds to meet special requirements arising in the process of construction when arranging annual investment plans for national key construction projects.

  Article 11 No unit or individual may misappropriate or retain construction funds and equipment reserve funds for national key construction projects.

  Article 12 Local people's governments shall coordinate the work related to the requisition of land for national key construction projects and shall provide conveniences necessary for the construction. Land administration departments shall ensure the use of land for national key construction projects according to law.

  Article 13 Open tenders shall be invited for the design, construction, management and equipment purchase in the principle part of a national key construction project by the legal person established for the project and the proper tender shall be accepted on the basis of competitive selection, with the exception of those projects for which tender invitations may, with an approval, be negotiated or limited to special persons.

  Grade A (or first-class) qualification specified by the state shall be required for tenderers for national key construction projects.

  Without the consent of the legal person established for the national key construction project, any party having won the tender may not subcontract the construction.

  The planning department under the State Council shall, in consultation with the competent departments concerned under the State Council, local people's governments concerned and banks, exercise the supervision and inspection over the tendering for national key construction projects.

  Article 14 Departments in charge of electric power, transportation, post and telecommunications, water and heat supply shall give priority to electricity for construction and production use, materials transportation, communication, and demand for water and heat required by national key construction projects, and shall perform their duties according to contract.

  Article 15 Enterprises and institutions concerned shall give priority to the supply of equipment and materials required by national key construction projects, and shall perform their duties according to contract.

  Article 16 No unit or person may collect fees from national key construction projects. If otherwise provided by law or by the State Council, such provisions shall apply.

  Article 17 A legal person established for national key construction project shall submit a report on the construction and materials regarding the project to the planning department under the State Council according to relevant provisions and shall send copies of them to the competent departments concerned and the bank.

  Article 18 A project directly supporting a national key construction project shall be put into operation simultaneously with the schedule of the national key construction project. Departments and units financing the construction of such a supporting project shall ensure allocations to it according to the construction schedule.

  Article 19 A legal person established for a national key construction project shall promptly organize the preliminary inspection and acceptance together with the designer and the constructor according to the approved design document and other relevant documents after the completion and trial operation of the project.

  If the project passes the preliminary inspection and acceptance, the planning department under the State Council or an agency authorized by it shall organize the inspection and acceptance upon completion together with involved parties.

  Article 20 A national key construction project which has passed the inspection and acceptance upon completion and has been put into operation shall be given an evaluation upon completion according to relevant state provisions.

  Article 21 The planning department under the State Council shall, in consultation with the competent departments concerned under the State Council and local people's governments concerned, coordinate, guide and supervise the work for national key construction projects.

  Article 22 If any party concerned fails to allocate funds to a national key construction project according to provisions, the planning department under the State Council shall issue a circular to criticize him and propose to the competent department for imposing disciplinary sanction according to law upon the person in charge directly responsible or other persons responsible. If a local investment is not allocated according to provisions for two consecutive years, the planning department under the State Council has the authority to suspend the approval of any new construction project in the locality for the next year.

  If any party concerned fails to allocate funds to a national key construction project according to contract, he shall bear the liability for breach of contract.

  Article 23 If anyone misappropriates or retains funds for national key construction projects, the auditing and financial authorities shall reclaim the funds misappropriated or retained, issue a circular to criticize him and propose to the competent department for imposing disciplinary sanction according to law upon the person in charge directly responsible and other persons responsible; if a crime has been constituted, the offender shall be investigated for criminal liability.

  Article 24 If anyone disturbs the order of the construction and production and business operations of national key construction projects, making it impossible for the work to be conducted normally, he shall be punished according to the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; if a crime has been constituted, criminal liability shall be investigated according to law.

  Article 25 If a national key construction project costs quite beyond its estimated budget, or has inferior quality, or suffers loss and waste or a liability accident, as a result of poor management or fraud, the planning department under the State Council shall circulate a notice of criticism and propose to the competent department for imposing disciplinary sanction according to law upon the person in charge directly responsible and other persons responsible; if a crime has been constituted, criminal liability shall be investigated according to law.

  Article 26 These Measures comes into effect on the date of promulgation.

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