Source: Jiangmen Municipal Development and Reform Commission, finishing: Duchuan Management Research Department, please indicate!
On April 3, the Jiangmen Municipal Development and Reform Commission issued the Measures for the Administration of Investment by the Jiangmen Municipal Government (draft for comments)
Government investment projects shall not be advanced by the construction unit for construction.
Article 54 The funds required for government investment projects shall be in place in accordance with the relevant provisions of the State. The financial sector shall, in accordance with the approved budget, in accordance with the relevant provisions of laws, administrative regulations and treasury management, timely and full amount of government investment funds allocated. Government investment projects shall not be advanced by the construction unit for construction.
Article 74 In any of the following circumstances, the project unit shall be ordered to make corrections, suspend or stop the allocation of funds or recover the funds that have been allocated, suspend or stop construction activities, and impose sanctions on the responsible leaders and directly responsible personnel in accordance with law:
(A) without approval or do not meet the provisions of the construction conditions to start construction of government investment projects;
(2) Fraudulently obtaining government investment funds such as approval of government investment projects or investment subsidies and loan interest discounts;
(C) without approval to change the construction site of the government investment project or to the construction scale, construction content and so on to make a major change;
(4) Increasing investment estimates without authorization;
(5) Require the construction unit to advance funds for the construction of government investment projects;
(6) Failure to implement or not implement approved government investment projects without justifiable reasons or in accordance with the construction period.
If the construction funds are not in place, the construction unit will suspend the construction!
Article 62 The project shall go through and improve the relevant formalities in accordance with the law, the source of funds has been secured and the funds in place shall not be lower than the proportion prescribed by the State, the project budget estimate shall be approved, and the construction conditions stipulated by other laws and regulations shall be met before the construction can be started. If the construction conditions are not met, construction shall not be started. It is strictly forbidden to survey, design and construct at the same time.
Major government investment projects that shall be subject to examination and approval of the commencement report in accordance with the relevant provisions shall start construction only after going through the formalities for examination and approval of the commencement report.
In the process of project construction, if the construction funds are not in place as scheduled and in full, the project unit shall require the construction unit to suspend the construction and make a good explanation and complete the aftermath work in accordance with the relevant provisions of the state, and the construction can only be continued after the funds are in place.
Article 37 The construction drawing design documents are prohibited from changing the construction content, construction scale or improving the construction standards determined by the approved preliminary design documents without authorization.
The project implements a lifelong responsibility system for project quality!
Article 60 The project shall establish and improve the responsibility system, and strictly implement the systems of bidding and bidding, government procurement, project supervision, contract management, and project legal person.
The project implements a lifelong responsibility system for project quality to ensure the quality of the project.
The project unit shall establish and improve the engineering insurance and engineering guarantee system for investment projects, and strengthen project risk management.
Article 63 The construction period of the project shall be reasonably determined and strictly implemented in accordance with the relevant provisions of the State, and no unit or individual shall illegally interfere with it.
Article 65 If there is a project quality problem during the warranty period and needs to be rectified, the project unit shall supervise and urge the construction unit to carry out rectification, and if the construction unit fails to make rectification within the time limit, the project unit shall entrust the takeover unit to rectify it, and the relevant expenses shall be deducted from the project warranty after being approved by the financial department. After the expiration of the warranty period, the project unit shall, together with the takeover unit and other responsible units, conduct a re-inspection in accordance with relevant regulations.
Adopt online monitoring, on-site verification and other methods to supervise and inspect the project.
Article 67: Development and reform departments and other departments responsible for the supervision and management of government investment projects in accordance with law shall employ methods such as online monitoring and on-site verification to strengthen supervision and inspection of the implementation of government investment projects.
The project unit shall truthfully submit the basic information on the commencement of construction, construction progress and completion of the government-invested project through the online platform. Relevant departments and project units involved in the project shall strengthen internal supervision and internal control.
The project unit and other units of project construction such as consulting, survey, design, construction, and supervision shall consciously accept the supervision and inspection of the relevant departments.
The project is included in the government-invested project integrity early warning and evaluation system for supervision.
The audit department shall conduct independent audit supervision of the implementation of the project in accordance with the law, and issue an audit report in accordance with the law, and the relevant units shall rectify the relevant opinions and recommendations in accordance with the audit report in a timely manner.
Article 68: Development and reform departments and other departments that have oversight and management responsibilities for government investment projects in accordance with law shall establish mechanisms for sharing information on government investment projects, and realize information sharing through online platforms.
In principle, projects that are not included in the government investment plan will not be arranged for government investment
Article 12 Government investment shall be managed by the plan. The government investment plan is divided into a three-year rolling plan and an annual plan.
Strengthen the reserve of projects using government investment funds through project libraries and government investment plans. In accordance with the national economic and social development plan, a three-year rolling plan shall be prepared, the major projects within the plan period shall be clarified, and the medium-term financial plan shall be linked to make overall arrangements and standardize the use of various government investment funds. According to the three-year rolling plan, the annual plan is prepared, and the implementation is organized in accordance with the annual plan and financial expenditure budget.
In principle, projects that are not included in the government investment plan will not be arranged for government investment.
The government investment projects included in the city's key construction project plan shall be managed according to major projects. Government investment should give priority to key construction projects.
The original text is as follows:
The "Jiangmen Municipal Government Investment Management Measures" (Jiangfu [2020] No. 9) has expired and been revised, and the "Jiangmen Municipal Government Investment Management Measures" (draft for comments) are hereby published to solicit public opinions in accordance with the relevant provisions of the city's administrative normative documents. If there are any amendments or suggestions, please feedback to the Investment Department of Jiangmen Development and Reform Bureau by e-mail, letter or other means within 30 days from the date of publication.
Address: Investment Division, Jiangmen Development and Reform Bureau, No. 1 Baisha Avenue West, Pengjiang District, Jiangmen City, Guangdong Province (the envelope is marked with the words "Opinions on the Investment Management Measures of Jiangmen Municipal Government").
Zip code: 529000
E-mail: [email protected]
Contact number: 0750-3276635
Attachment: Measures for the Administration of Investment by Jiangmen Municipal Government (Draft for Comments)
Jiangmen Municipal Development and Reform Bureau
April 3, 2024
Measures for the Administration of Investment by the Jiangmen Municipal Government (Draft for Solicitation of Comments)
Chapter I: General Provisions
Article 1 In order to give full play to the investment role of the municipal government, improve the efficiency of government investment, standardize government investment behavior, and stimulate the vitality of social investment, in accordance with the relevant laws, regulations and provisions such as the Government Investment Regulations, combined with the actual situation of the city, these measures are formulated.
Article 2 The term "Jiangmen Municipal Government investment" in these measures refers to the use of funds arranged by the municipal budget within the scope of Jiangmen City to carry out fixed asset investment and construction activities, including new construction, expansion, reconstruction, technological transformation, etc.
Decoration and repair projects below the quota and government informatization projects shall be implemented in accordance with the current regulations.
Article 3: Government investment funds shall be invested in public interest services, public infrastructure, agriculture and rural areas, public service platforms, ecological and environmental protection, major scientific and technological progress, social management, national security, and other public sector projects where the market cannot effectively allocate resources, with non-commercial projects as the mainstay.
In accordance with the requirements of the national and provincial governments to improve relevant supporting policies and measures, give full play to the guiding and driving role of government investment funds, and encourage social funds to invest in the areas specified in the preceding paragraph.
In accordance with the requirements of the national and provincial regular assessment and adjustment mechanism for the scope of government investment, the direction and structure of government investment will be continuously optimized.
Article 4 Government investment shall follow the principles of scientific decision-making, standardized management, performance-oriented, and openness and transparency.
Government investment should be commensurate with the level of economic and social development and the state of fiscal revenue and expenditure. The Municipal People's Government strengthens the overall planning, budget constraints and performance management of government investment funds.
Article 5 Government investment funds shall be arranged according to the project and shall be mainly in the form of direct investment; for operational projects that really need support, the method of capital injection shall be mainly adopted, and investment subsidies and loan interest discounts may also be appropriately adopted.
The arrangement of government investment funds shall comply with the relevant requirements for advancing the reform of the division of fiscal powers and expenditure responsibilities, and treat all types of investment entities equally, and must not set discriminatory conditions.
Article 6 Government investment projects refer to projects in which the government invests by means of direct investment and capital injection.
The approval system shall be implemented for government investment projects, and the project unit shall prepare the project proposal, feasibility study report and preliminary design, and submit it to the development and reform department or relevant departments (hereinafter referred to as the project approval department) for examination and approval in accordance with the prescribed examination and approval authority and procedures. Other formalities that must be performed by the project shall be handled in accordance with relevant regulations.
The project unit shall strengthen the preliminary work of the government investment project, ensure that the depth of the preliminary work meets the specified requirements, and be responsible for the authenticity of the project proposal, feasibility study report, preliminary design and other documents that shall be attached in accordance with the law.
Article 7 The project unit shall carry out the pre-performance evaluation of the project in accordance with the relevant mechanisms and regulations of ex-ante performance management. The evaluation results serve as an important basis for the project approval department to approve the feasibility study report, be included in the project library and the financial department to arrange funds, and can also be used as a reference basis for the review of relevant industry authorities.
Article 8 Except for projects involving state secrets, the project entity shall go through the approval formalities for government investment projects through the Guangdong Provincial Investment Project Online Approval and Supervision Platform (hereinafter referred to as the Online Platform) and use the project code generated by the Online Platform.
The project approval department shall, through the online platform, list the plans and industrial policies related to government investment, disclose the process and time limit for the approval of government investment projects, and provide relevant consulting services to the project unit.
Article 9 The project examination and approval department shall, in accordance with the national economic and social development plan, land and space planning, special planning in relevant fields, industrial policies, etc., review the government investment project from the following aspects, and make a decision on whether to approve it:
(A) the project proposal should be a preliminary analysis of the necessity of the construction of the government-invested project, the main construction content, the proposed location, the proposed scale, the investment calculation, the financing and the social and economic benefits;
(B) the feasibility study report should be a comprehensive analysis of the technical and economic feasibility of government investment projects, as well as social benefits, energy conservation, comprehensive utilization of resources, ecological environmental impact, social stability risks, financing plans and performance objectives reasonableness, etc., the implementation of the construction conditions to make an analysis and explanation;
(C) the preliminary design shall comply with the relevant provisions of the State and the relevant requirements of the feasibility study report approval documents, clear individual projects or unit projects of the construction content, construction scale, construction standards, land scale, main materials, equipment specifications and technical parameters, etc., and accordingly the preparation of investment estimates. The estimated investment budget shall include all the costs required for the construction of government investment projects stipulated by the state;
(4) Other matters that shall be reviewed in accordance with laws, administrative regulations, and relevant state provisions.
If the project examination and approval department refuses to approve the government investment project, it shall notify the project unit in writing and explain the reasons.
For government investment projects that have a significant impact on economic and social development or the public interest or have a large investment model, the project approval department shall make a decision on whether to approve it on the basis of the assessment of the intermediary service agency, public participation, expert review, and risk assessment.
Article 10 The development and reform department is the competent department of government investment, performs the duties of comprehensive management of government investment, is responsible for the preparation of government investment plans in conjunction with relevant functional departments, and handles the examination and approval of project proposals, feasibility study reports, and budget estimates in accordance with the prescribed authority and division of responsibilities. For agricultural investment projects, the agricultural and rural departments shall perform the examination and approval procedures in accordance with relevant regulations and procedures.
The financial department is responsible for guiding and supervising the financial activities of government investment projects, arranging annual budgets, and reviewing and confirming the project budget, settlement and final financial accounts for completion in conjunction with the project departments in accordance with their duties.
The audit department shall supervise and manage government investment projects in accordance with the law. Relevant departments such as natural resources, ecology and environment, housing and urban-rural construction, transportation, agriculture and rural affairs, water conservancy, emergency management, and urban management shall jointly do a good job in project management in accordance with their respective responsibilities. The competent department of the specific project is responsible for the guidance, comprehensive coordination, and approval and allocation of financial funds for the project.
The municipal (district) government shall cooperate with the construction of government investment projects within its jurisdiction and assist the project unit to carry out relevant work.
The project unit is the main body of the implementation of government investment projects, and shall do a good job in the organization and implementation of the project in accordance with the capital construction procedures and relevant regulations.
Chapter 2 Program Management
Article 11 The people's governments at or above the county level shall, in accordance with the national economic and social development plan, the medium-term fiscal plan, and the state's macroeconomic regulation and control policies, and in combination with the state of fiscal revenue and expenditure, make overall arrangements for projects using government investment funds, and standardize the use of all types of government investment funds.
Article 12 Government investment shall be managed by the plan. The government investment plan is divided into a three-year rolling plan and an annual plan.
Strengthen the reserve of projects using government investment funds through project libraries and government investment plans. In accordance with the national economic and social development plan, a three-year rolling plan shall be prepared, the major projects within the plan period shall be clarified, and the medium-term financial plan shall be linked to make overall arrangements and standardize the use of various government investment funds. According to the three-year rolling plan, the annual plan is prepared, and the implementation is organized in accordance with the annual plan and financial expenditure budget.
In principle, projects that are not included in the government investment plan will not be arranged for government investment.
The government investment projects included in the city's key construction project plan shall be managed according to major projects. Government investment should give priority to key construction projects.
Article 13 The government investment plan shall be prepared and issued in accordance with the following procedures:
(1) In September of each year, the project unit or other relevant units shall submit arrangements to the development and reform department.
(B) the development and reform department, in conjunction with the financial departments and relevant units, the preparation of government investment plan arrangements, and do a good job of investment plans and fiscal expenditure budget convergence.
(C) the development and reform departments and the financial sector will be submitted to the municipal government for consideration of the government investment plan proposals, after the municipal government review and approval into the annual national economic and social development plan, and as the basis for the annual budget arrangements.
(4) The government investment plan shall be issued by the development and reform department.
Article 14 The government investment plan shall include the following contents:
(1) Three-year rolling plan projects;
(2) The scale of the total annual planned investment;
(C) included in the annual plan of the project name, construction scale and content, construction period, total project investment, annual investment, source of funds, completed investment and carried out main work, annual construction content, responsible units, etc.;
(4) Other circumstances that shall be explained.
For the time being, the small and scattered arrangements for specific projects, as well as government investment subsidies and loan discount projects, can be bundled as a project, and the overall arrangement direction and investment scale can be clarified, and after being included in the government investment plan, the responsible unit shall determine the specific content in accordance with the plan and report to the municipal government for approval before implementation.
Article 15 The projects included in the three-year rolling plan shall mainly carry out the work of implementing the construction conditions and improving all kinds of examination and approval procedures. The projects included in the annual plan are mainly carried out in the project construction.
The financial sector should be combined with the actual needs, the overall arrangement of funds for the three-year rolling plan project to carry out the preliminary work, after the preliminary work is mature, with the conditions for starting, by the project unit or other relevant units to the development and reform department, the financial department to apply for inclusion in the annual plan.
Projects included in the three-year rolling plan shall meet the following conditions:
(A) in line with the city's national economic and social development of the medium and long-term planning, land and space planning, special planning and departments, industry development and construction needs;
(2) There is a clear proposed location, construction content, construction scale and investment calculation.
Projects included in the annual plan shall meet the following conditions:
(1) If the method of direct investment or capital injection is adopted, the construction conditions shall be preliminarily implemented, the scale of construction and investment shall be determined, and it is expected that all kinds of approval procedures can be completed and construction will start within the year.
(2) Where methods such as investment subsidies or loan interest discounts are adopted, formalities have been completed in accordance with the relevant provisions of the State;
(3) Other conditions stipulated by the relevant departments of the government at or above the municipal level.
16th once the government investment plan is approved, all units shall strictly implement to ensure that the relevant work is completed in accordance with the requirements of the plan.
If the government investment plan needs to be adjusted in the implementation, the project unit or other relevant units shall submit it to the development and reform department, and the development and reform department, together with the financial department and relevant units, shall propose adjustment proposals to the municipal government, and after the municipal government has deliberated and approved, the development and reform department shall issue an adjustment plan. The adjustment of the government investment plan should generally be carried out and completed in the third quarter.
The scope of adjustment of the government investment plan does not include the adjustment of the specific project construction scale and investment scale of the approved project proposal, feasibility study report and budget estimate, and the adjustment of the construction scale and investment scale of the specific project shall be adjusted in accordance with the relevant provisions of these measures.
Article 17 The preliminary costs of the project refer to all the expenses necessary for the preliminary work of the project such as exploration, planning, consulting, environmental impact assessment, design, assessment, demonstration, bidding, expropriation and compensation, three links and one leveling, and construction application.
The preliminary costs of the projects included in the government investment plan shall be included in the preliminary work funds arranged by the financial departments according to the actual needs.
Chapter 3 Examination and approval of project proposals
18th project proposal prepared by the project unit or commissioned by the corresponding ability of the engineering consulting unit in accordance with the relevant specifications, submitted to the project approval department for approval, should be attached to the financial sector construction funds source of intention opinions and other relevant documents.
Article 19 Projects that meet any of the following circumstances,
(A) has been included in the prescribed procedures and authority approved by the government investment plan and other types of special planning, planning;
(2) Partial expansion and reconstruction projects, as well as single construction content, small investment scale, simple technical scheme, estimated total investment of 50 million yuan and below;
(3) The depth of the preliminary work meets the requirements of the project proposal;
(4) Where emergency construction is necessary in response to emergencies such as natural disasters, accidents, public health incidents, or social security incidents;
(5) It has been implemented with the consent of the municipal party committee and municipal government.
In one of the circumstances of the preceding paragraph, but it is truly necessary to carry out relevant work on the basis of the approval of the project proposal, as well as the need for in-depth study of major projects, upon application by the project unit, the project proposal may be prepared and approved in accordance with the procedures.
Article 20 For projects that meet one of the following requirements and it is necessary to construct a project, the project approval department shall directly approve the project proposal:
For projects that have been approved and agreed to be implemented by the municipal government, the construction scale and investment scale proposed in the project proposal are consistent with the content of the approved construction plan.
In addition to the provisions of the preceding paragraph, the project examination and approval department shall put forward preliminary opinions, and after submitting to the municipal government for approval and approval, the project examination and approval department shall reply.
The project approval department may consult the relevant departments before approving the project proposal or requesting instructions from the municipal government.
The project approval department shall send a copy of the project proposal approval document to the finance, natural resources, ecological environment, housing and urban-rural construction and other relevant departments.
Article 21 After the approval of the project proposal, the project unit shall, in accordance with the approval documents of the project proposal, organize and carry out the feasibility study of the project, implement the construction and operation guarantee conditions, and apply to the department of natural resources for planning and site selection, land use pre-examination and approval procedures in accordance with the regulations, and obtain relevant permits and review opinions.
Chapter IV Examination and approval of the project feasibility study report
Article 22 The feasibility study report of the project shall be prepared by the project unit itself or entrusted by the project consulting unit with corresponding capabilities in accordance with the relevant specifications.
You can not prepare the project feasibility study report, only need to provide the project estimate schedule prepared by the engineering consulting or qualified cost consulting unit commissioned in accordance with the law, or directly compile and approve the preliminary design and budget estimate of the project. The project unit shall, with reference to the requirements for the preparation of the project feasibility study report, explain the necessity and feasibility of the project construction, and the construction plan.
When the project unit submits the relevant materials to the project approval department for approval, it shall attach the following documents:
(A) the natural resources department issued by the construction project land pre-examination and site selection opinion or sea pre-examination opinion;
(B) the financial sector issued a description of the financial arrangements and implementation, prior performance evaluation report;
(3) Application for approval of bidding (only refers to projects that need to be approved for bidding);
(4) Energy conservation assessment documents (only refers to projects that need to be reviewed separately for energy conservation);
(5) Other documents that shall be submitted in accordance with relevant provisions.
For the government investment project plan and other types of special plans and plans that have been approved by the prescribed procedures and authority, or the project that has been agreed to be implemented by the municipal government, when submitted to the project examination and approval department for approval, the documents required by the first and second items of the preceding paragraph may not be attached, but the project unit shall complete the documents required by the first paragraph of the preceding paragraph before the start of the project, and implement the project construction funds, otherwise the construction shall not be started, and the relevant information shall be reported to the project approval department.
Article 23: Projects with any of the following circumstances do not require the approval of the project approval department, are not included in the scope of management of these Measures, and are managed in accordance with the relevant provisions of government procurement:
(1) Sporadic and small-scale construction projects for the installation of purchased equipment;
(2) Separate decoration and repair projects with a total investment of 4 million yuan or less and unrelated to the new construction, reconstruction and expansion of buildings and structures.
Article 24 For projects that meet one of the following requirements and meet the construction conditions, the project examination and approval department shall directly approve the project feasibility study report or the adjustment of the project feasibility study report:
(1) For projects that have been approved for project proposals, the construction scale and investment scale proposed in the project feasibility study report are consistent with the content of the project proposal;
(B) has been approved by the municipal government to agree to implement the project, the project feasibility study report proposed in the scale of construction, investment scale and other consistent with the approved construction plan;
(3) The government invests in a project by way of capital injection, and the excess investment is raised by the project unit itself.
In addition to the projects specified in the preceding paragraph, the project examination and approval department shall put forward preliminary opinions, and after submitting to the municipal government for approval and approval, the project examination and approval department shall reply.
The project approval department may consult the relevant departments before approving the project feasibility study report or requesting instructions from the municipal government.
The project examination and approval department shall send a copy of the approval document of the project feasibility study report to the finance, natural resources, ecological environment, housing and urban-rural construction and other relevant departments.
Article 25 Before the project examination and approval department approves the project feasibility study report, it may entrust a third-party engineering consulting unit or organize an expert review meeting to consult and evaluate the project feasibility study report. For projects with a total investment of more than 50 million yuan, consultation and evaluation shall be organized. Public interest projects that have a major economic, social, and environmental impact and are of general concern to the public may also be widely solicited from all sectors of society and the public by means such as hearings and consultation meetings.
The project unit shall, on the basis of consultation and assessment and public opinions, improve the project feasibility study report, and submit the consultation and evaluation and the implementation of public opinions to the project approval department as an annex to the project feasibility study report.
Before approving the feasibility study report of the project, if the competent departments of transportation, water conservancy, energy and other industries have organized expert review and issued review opinions, the project approval department may no longer conduct consultation and assessment.
26th in addition to the provisions are not allowed to disclose the project, has a significant impact on the economy, society and the environment, involving major public interest projects, the project approval department in the approval of the project feasibility study report or submitted to the municipal government before the study shall be publicized to the public. The project unit shall revise and improve the feasibility study report of the project according to the public feedback.
Article 27 A government investment project shall be implemented in accordance with the construction site, construction scale and construction content approved by the project examination and approval department; if the construction site is to be changed or the construction scale and construction content are to be changed significantly, it shall be submitted to the original project examination and approval department for examination and approval in accordance with the prescribed procedures.
After the approval of the project feasibility study report, if the estimated total investment of the project exceeds the original approved estimated total investment by 10% or more due to one of the following circumstances, the project feasibility study report shall be re-submitted and approved:
(A) due to national and provincial construction standards and norms and other policy adjustments, according to the original approved construction and investment scale and other organizational construction, after completion can not meet the needs of the work;
(B) due to the construction period of the price of a sharp rise, geological conditions have undergone major changes, natural disasters and other force majeure factors, according to the original approved construction and investment scale and other organizational construction, can not meet the actual needs of the project;
(C) other adjustments approved by the municipal government.
If the application for adjustment of the project feasibility study report is approved, the project unit shall explain the reasons in detail and attach the opinions of the financial department on the arrangement of increasing investment funds.
Article 28 The approved project feasibility study report is the basis for determining the project. The project unit may, in accordance with the approval documents of the feasibility study report of the project, apply to the departments of natural resources, ecology and environment for planning permission, formal land use procedures, environmental impact assessment, etc., and entrust the design unit to carry out preliminary design and other work in accordance with the law, and obtain relevant permits and review opinions in accordance with relevant regulations.
Chapter 5 Management of Budget Estimates
Article 29 The project unit shall, in accordance with the law, entrust an engineering design unit with corresponding qualifications to prepare the preliminary design in accordance with the approved project feasibility study report (if necessary, the preliminary design shall be expanded in accordance with the regulations). The preliminary design shall reach the depth prescribed by the state, and there shall be no omissions that affect the use of the project.
The project implements a quota design, and the construction content and construction scale of the preliminary design shall not exceed the scope approved by the project feasibility study report in principle, and the estimated project budget shall not exceed the estimated total investment approved by the project feasibility study report in principle.
Article 30 After the preparation of the preliminary design is completed, the project unit shall report to the relevant administrative departments for examination and approval in accordance with the regulations.
If the preliminary design and project budget estimate exceed the estimated total investment, construction scale, content and standards and other binding conditions determined by the approval of the project feasibility study report, the relevant administrative departments shall require the project unit to optimize the design plan, reasonably reduce the construction standards, adjust the equipment selection, etc., in order to meet the binding conditions. After optimizing the design, if the estimated project budget still exceeds the estimated total investment, the relevant administrative department shall confirm it in the review opinion.
For projects that do not require preliminary design review in accordance with relevant regulations, and the preliminary design and project budget estimate exceed the binding conditions of the preceding paragraph, the project unit shall optimize the design in accordance with the requirements of the preceding paragraph. If, after optimizing the design, the estimated project budget still exceeds the estimated total investment, the project unit shall make an explanation together with the design unit.
31st project unit shall, in accordance with the law, entrust a qualified engineering cost consulting unit to prepare project estimates. The project budget estimate shall be prepared in accordance with the relevant professional valuation basis, budget estimate preparation specifications, and the preliminary design documents reviewed and approved by the relevant administrative departments.
When the project unit submits the project budget estimate to the development and reform department or the relevant industry department for approval, it shall attach the following documents:
(A) by the relevant administrative departments to review and agree to the preliminary design documents;
(B) the relevant administrative departments of the preliminary design review opinions;
(C) the implementation of the preliminary design review opinions;
(4) Other documents that shall be submitted in accordance with relevant provisions.
Article 32 The project budget estimate shall be completed by the development and reform department or the relevant industry authorities (the transportation and water conservancy department shall be responsible for the budget estimate of transportation and water conservancy projects) in accordance with the provisions of the review, and shall be submitted to the municipal government for approval, and the project examination and approval department shall be approved.
If one of the following circumstances is met, the project approval department shall directly approve the project budget estimate or the project budget estimate adjustment:
(A) the project construction scale, construction content, estimated total investment control within the scope of the approved project feasibility study report;
(2) The government invests in a project by way of capital injection, and the excess investment is raised by the project unit itself;
(3) For projects invested by the government in the form of direct investment, if the adjusted estimated budget does not exceed 10% of the original approved total investment and the increased investment amount is within 1 million yuan (inclusive), the funds have been implemented.
The project approval department may consult the relevant departments before approving the project budget estimate or asking the municipal government for instructions.
Article 33 The estimated investment budget approved by the project examination and approval department shall be the basis for controlling the total investment of government investment projects. In principle, the investment in the construction of government-invested projects shall not exceed the approved investment estimates.
34th project budget estimates before approval, the project approval department may entrust a qualified third-party cost consulting unit to conduct a review, the project approval department is responsible for reviewing the final. The audit opinion of the third-party cost consulting unit is an important basis for approving the project budget estimate, and the third-party cost consulting unit shall be responsible for the audit opinion. If the estimated investment is 50 million yuan or more, or the total estimated investment is increased by 10 million yuan or more, a qualified third-party cost consulting unit shall be entrusted to review it in accordance with the law.
Article 35 After the preliminary design and budget estimate of the project are approved, the project unit shall strictly implement them, and shall not raise the construction standards, expand the construction scale, increase the construction content, or change the preliminary design without authorization. If one of the circumstances listed in Article 26 is met and it is necessary to adjust the budget estimate, it shall be handled in accordance with the following provisions:
(1) If the project investment exceeds the total amount of the approved project budget estimate, the project unit shall submit an application for adjustment to the project approval department in advance, and shall not adjust the implementation without approval (except for emergencies).
(2) Under the premise of ensuring the quality of the project and the use of functions, after optimizing the design scheme, if the estimated total investment of the project still exceeds 10% (inclusive) of the estimated total investment approved in the project feasibility study report, the project feasibility study report shall be re-compiled and approved, and the relevant provisions of Chapter IV shall be implemented.
The adjustment budget estimate shall be proposed by the project unit, submitted to the original project approval department for adjustment, and the following materials shall be submitted:
(A) the original preliminary design and budget estimate documents and approval documents;
(2) The adjustment budget estimate prepared by the unit with corresponding qualifications, the comparison table between the adjustment budget estimate and the original approved budget estimate, and the reasons, basis and calculation method for the adjustment of the budget estimate are quantitatively explained;
(3) Bidding and contract documents related to the adjustment of budget estimates, including changes in the negotiation part;
(D) construction drawing design (including decoration design) and budget documents and other information required for the adjustment of budget estimates;
(E) the financial sector issued a statement on the implementation of funds.
Investments that have increased due to price increases are not used as a basis for calculating other expenses.
If budget adjustment or adjustment is involved, it shall be handled in accordance with the relevant budget laws, administrative regulations and relevant state regulations.
Article 36 Under the premise of not changing the content and standards of the original approved construction, and not exceeding the total investment of the approved budget estimate, if it can be solved by using the basic reserve fee and the adjustment between the sub-items within the budget estimate, the project budget estimate shall not be adjusted, and shall be implemented in accordance with the following provisions:
(1) If the basic reserve fee is used, the project unit shall adjust it on its own;
(2) If the use of the basic reserve fee is still not solved and needs to be resolved through the adjustment between the sub-items within the budget estimate, the project unit shall report the adjusted use to the original budget estimate approval department and the financial department for the record.
If the content and standards of the original approved construction are changed, the project unit shall report to the original approval unit, and the relevant formalities can only be handled after the original approval unit agrees.
Chapter VI Budget Management
Article 37 After the approval of the project budget estimate, the project unit shall entrust the engineering design unit to prepare the construction drawing design documents in accordance with the relevant national construction standards and specifications and the approved preliminary design documents and project budget estimates.
It is forbidden to change the construction content, construction scale or improve the construction standard determined by the approved preliminary design documents without authorization.
Article 38 The construction drawing design documents shall be submitted to the construction drawing review agency for review by the project unit in accordance with the relevant regulations. In accordance with relevant laws and regulations, the construction drawing review agency shall review the construction drawings of the project in the relevant fields involving public interests, public safety and mandatory standards for engineering construction, and put forward the review opinions of the construction drawing design documents.
When reviewing the construction drawing design documents, the approved preliminary design, the construction scale, content and standards determined by the project budget estimate, and the estimated budget investment shall be regarded as binding conditions.
39th construction drawing design documents as required by the review, the project unit shall, in accordance with the project professional attributes corresponding to the industry authorities management regulations, according to law entrusted responsible for the project construction drawing design design unit or qualified cost consulting unit to prepare the construction drawing budget (including the highest bid limit), in accordance with the requirements of the financial sector project cost guidelines, the complete information submitted to the financial sector for review.
The project budget shall not exceed the approved project budget estimate, and if the approved project budget estimate is exceeded, the project unit shall notify the design unit to adjust the construction drawing design by optimizing the design. After optimizing the design, if the approved project budget estimate is still exceeded, the project feasibility study report or project budget estimate shall be re-submitted for approval in accordance with the prescribed procedures.
40th project unit submitted construction drawing budget (including the highest bid limit), the financial sector may entrust the investment review agency or qualified cost consulting unit for review, the financial sector is responsible for the approval. The cost consulting unit is responsible for the audit opinions issued by it.
The project budget approved by the financial department will be used as one of the bases for the project unit's bidding, procurement, contract signing, financial infrastructure fund arrangement, application and allocation, accounting, etc.
Article 41 For projects with a construction cost of less than 4 million yuan and non-public bidding, the construction drawing budget does not need to be submitted to the financial department for review, and shall be implemented in accordance with the following provisions:
(A) the construction of 2 million yuan to 4 million yuan of the project, the project unit shall, in accordance with the provisions of article 38 of the preparation of construction drawing budget, and the budget results document submitted to the financial department for the record;
(2) For projects with a construction and safety fee of less than 2 million yuan, the project unit may, in combination with actual needs, determine whether to entrust an intermediary agency to prepare a construction drawing budget.
Chapter VII Settlement Management
Article 42 The competent department of the project shall, in conjunction with the financial department, strengthen the supervision of the settlement of the project price, focusing on the review of the project bidding documents, the calculation of the quantity and various costs, the contract agreement, the construction change visa, the difference between labor and material prices, and the project claim.
43rd project completion acceptance (or delivery acceptance), the project unit shall, in accordance with the relevant provisions, urge the construction unit to prepare the project settlement, and in accordance with the law entrust a qualified cost consulting unit for preliminary examination (belonging to the highway, water transport, water conservancy professional engineering settlement, can also be responsible for the supervision of the project supervision unit for preliminary examination), in accordance with the requirements of the financial sector project cost guidelines, will be complete by the relevant units approved by the preliminary examination and settlement opinions submitted to the relevant departments for review.
Article 44 For projects with construction and security costs of 4 million yuan or more, the project settlement shall be approved by the financial department.
For projects with construction and safety costs of less than 4 million yuan, except for the project department in charge at the same level and the municipal unit that does not submit the annual departmental final accounts to the financial department, the financial department shall be responsible for the approval of the project settlement of other projects, and shall be reported to the financial department for the record.
For the project settlement submitted by the project unit, the financial department may entrust the investment review agency or a qualified cost consulting unit to conduct a review, and the project department in charge may entrust a qualified cost consulting unit to conduct a review. For those who meet the requirements, it shall be approved within 2 months, and large-scale projects shall not exceed 3 months. The cost consulting unit is responsible for the audit opinions issued by it.
The project settlement approved by the relevant departments will be used as one of the bases for the project unit to apply for financial infrastructure fund arrangement, handle the application for infrastructure fund allocation, accounting and delivery of assets.
45th financial sector of the year submitted for the record of the project settlement according to the proportion of not less than 20% of the sampling review, and the random inspection and review report written report to the Municipal Commission for Discipline Inspection and Supervision, the audit department and the competent department of the industry.
For the project settlement submitted for the record, the financial sector may entrust the investment review agency or a qualified cost consulting unit to conduct a sampling review.
If the financial department finds problems during the inspection process and puts forward rectification opinions, the project department in charge shall complete the rectification work within 3 months after receiving the rectification notice.
46th implementation of the whole process of construction project cost control management of the project, encourage the project unit to entrust the same project cost consulting unit to implement the whole process of construction project cost consulting activities (that is, from the beginning of the preparation of the project budget estimate to the end of the preliminary examination of the project settlement).
Chapter VIII Final Account Management
Article 47 After the completion of a government investment project, it shall be completed and accepted in accordance with the relevant provisions of the State, and the final financial accounts for completion shall be handled in a timely manner after the completion acceptance is qualified.
Article 48 The financial final accounts for the completion of the project are the documents that correctly verify the value of the project assets and reflect the construction results of the completed projects, and are the basis for the transfer of assets and the registration of property rights. After the completion of the project, the project unit shall strictly implement the relevant financial accounting measures, prepare the final financial accounts for the completion of the project as required, and ensure that the report is timely, the figures are accurate, and the content is complete.
Article 49 The project unit shall, within 3 months from the date of completion of the project and can be put into use or pass the trial operation, in accordance with the requirements of the guidelines for the submission of the financial final accounts of the project completion of the financial department for review, collect and sort out the final account information, compile and report the final financial accounts for completion, and submit them to the relevant departments for review. If it is truly necessary to extend the period under special circumstances, it shall not exceed 2 months for small and medium-sized projects, and 6 months for large-scale projects.
The competent department of the project shall supervise and urge the project unit to complete the preparation and reporting of the final financial accounts within the specified time.
Article 50th in addition to the project department in charge of the level and not submitted to the financial sector of the annual departmental accounts of the municipal units project completion financial accounts by the financial department is responsible for the approval, other project completion financial accounts by the project department responsible for the approval, reported to the financial department for the record.
The financial department may entrust an investment review agency or a qualified social intermediary agency to conduct a review of the final financial accounts submitted by the project unit, and the competent department of the project may entrust a qualified social intermediary agency to conduct the review. For those who meet the requirements, it will be approved within 6 months. Social intermediaries are responsible for the review opinions they issue.
Article 51 The project unit shall complete the following work in a timely manner after the approval of the final financial accounts for the completion of the project:
(1) The part of the surplus funds of the project that should be handed over to the finance shall be handed over to the finance within one month from the date of approval of the final accounts;
(2) Within 6 months from the date of acceptance of the completion of the project, the assets shall be recorded or adjusted according to the final account approval opinions, and the asset transfer procedures and the corresponding ownership confirmation and registration procedures shall be carried out according to the value of the assets delivered for use;
(3) Within 6 months from the date of acceptance of the completion of the project, the creditor's rights and debts approved in the final accounts shall be cleared up in a timely manner;
(4) Within 6 months from the date of acceptance of the completion of the project, the existing problems raised by the final account approval unit shall be rectified in a timely manner, and the rectification report shall be submitted in writing to the competent department of the project and the financial department for the record.
In accordance with the provisions of Article 48, if the time for the preparation of the final financial accounts of the completion is extended, the time for the completion of the work to be completed after the approval of the above-mentioned financial final accounts shall be extended accordingly.
52nd financial sector of the year submitted for the record of the project completion of the financial accounts according to the proportion of not less than 20% of the sampling review, and the random inspection review report written report to the Municipal Commission for Discipline Inspection and Supervision, the audit department and the competent departments of the industry.
For the financial final accounts of the completion of the project submitted for the record, the financial department may entrust the investment review agency or qualified social intermediary institutions to conduct random inspection and review.
If the financial department finds problems during the inspection process and puts forward rectification opinions, the project department in charge shall complete the rectification work within 3 months after receiving the rectification notice.
Article 53 The surplus financial funds of government investment projects shall be returned to the state treasury in accordance with the relevant provisions of the State.
Chapter IX Fund Management
Article 54 The funds required for government investment projects shall be in place in accordance with the relevant provisions of the State. The financial sector shall, in accordance with the approved budget, in accordance with the relevant provisions of laws, administrative regulations and treasury management, timely and full amount of government investment funds allocated. Government investment projects shall not be advanced by the construction unit for construction.
Article 55 The project unit shall carry out financial management in accordance with the relevant provisions and do a good job in the following basic work of financial management of capital construction:
(1) Establish and improve the financial management system and internal control system of the unit's capital construction, and designate a special person to be responsible for the financial management of capital construction;
(2) Strictly follow the regulations on the use of infrastructure funds to ensure that infrastructure funds are used for projects in a timely and full manner;
(3) Each item shall be accounted for separately, and the accounting situation shall be included in the account books and financial statements of the unit;
(4) Prepare the project capital budget, do a good job in accounting management according to the project estimate (budget), keep abreast of the construction progress, regularly conduct property and material inventory, and do a good job in accounting data file management;
(E) accurate and timely to the financial department, the competent department of the project to submit the financial statements and information of the capital construction;
(F) timely settlement of project prices, preparation of project completion financial accounts, asset delivery procedures;
(7) Other work required by the financial department and the competent department of the project.
The competent department of the project unit shall guide and supervise the project unit to do a good job in the basic work of financial management of capital construction, promptly rectify problems when they are discovered, and actively improve the internal management procedures. In accordance with the provisions of the implementation of the agency bookkeeping and project agency system, the agency bookkeeping unit and the agency construction unit shall cooperate with the project unit to do a good job in the basic work of financial management, and timely inform the project unit of the project accounting.
Article 56 The project unit shall, in accordance with the standard format of the competent department of the industry, prepare the bidding (procurement) documents or contracts in combination with the actual situation of the project.
Before the bidding (procurement) documents or contracts (including non-bidding projects and services) involved in the construction of the project are issued or signed, the financial department shall review the amount, source of funds, billing basis, settlement method, payment method and other relevant terms in the bidding documents or contract. The bidding plan of major projects shall be jointly reviewed by the relevant functional departments participating in the construction.
Article 57 The project unit shall, within 30 days from the date of formal issuance of the bidding (procurement) documents and the signing of the contract, submit the above-mentioned documents to the financial department for the record, as the basis for the arrangement and use of financial infrastructure funds, project settlement and final financial accounts for completion.
Article 58 The financial arrangement of infrastructure funds shall be reviewed and used by the competent department of the project in accordance with the review elements and rules, under the control of the annual budget, and the financial department shall conduct random inspections afterwards.
According to the summary table of the payment plan submitted by the project department and the contract documents and other relevant information, the financial department shall review the plan for the use of project budget funds in the current quarter within 10 working days before the beginning of each quarter.
The competent department of the project shall review the specific application for the use of funds (including the financial arrangements for the infrastructure funds of the project at the same level) according to the actual needs of the project construction within the planned amount of the project budget funds for the current quarter approved by the financial department. When the project unit applies to the competent department of the project for review and payment of financial arrangements for infrastructure funds, it shall provide materials with audit opinions from the supervision unit, the whole process cost control consulting unit, the project unit and other units according to their duties. After the application for fund payment is approved by the competent department of the project, the project unit shall handle the payment of funds within the amount of the budget fund use plan issued by the financial department.
Chapter 10 Construction Management
Article 59 The project shall be established on behalf of the project, and during the period of agency construction, the agency shall assume the responsibilities of the project unit.
In any of the following circumstances, the project unit may not carry out the construction on behalf of the project, and the project unit shall organize the construction on its own in accordance with the law:
(1) The total investment is 4 million yuan or less;
(2) Involving national security or state secrets;
(3) Environmental protection, water conservancy facilities, highways, inland waterway construction, government informatization, gardening, maintenance, and special decoration projects;
(D) with the consent of the municipal government, do not implement other projects on behalf of the construction.
The project approval department shall clarify the organization of the project construction when approving the project proposal and feasibility study report. If it is clear that the agency construction will not be carried out, a copy shall be sent to the Commission for Discipline Inspection and Supervision, auditing and other departments.
Article 60 The project shall establish and improve the responsibility system, and strictly implement the systems of bidding and bidding, government procurement, project supervision, contract management, and project legal person.
The project implements a lifelong responsibility system for project quality to ensure the quality of the project.
The project unit shall establish and improve the engineering insurance and engineering guarantee system for investment projects, and strengthen project risk management.
Article 61 The consulting, survey, design, supervision, construction and procurement of other services, equipment and materials related to the construction of the project shall be carried out in accordance with the relevant provisions of the Law on Bidding and Bidding and Government Procurement.
Article 62 The project shall go through and improve the relevant formalities in accordance with the law, the source of funds has been secured and the funds in place shall not be lower than the proportion prescribed by the State, the project budget estimate shall be approved, and the construction conditions stipulated by other laws and regulations shall be met before the construction can be started. If the construction conditions are not met, construction shall not be started. It is strictly forbidden to survey, design and construct at the same time.
Major government investment projects that shall be subject to examination and approval of the commencement report in accordance with the relevant provisions shall start construction only after going through the formalities for examination and approval of the commencement report.
In the process of project construction, if the construction funds are not in place as scheduled and in full, the project unit shall require the construction unit to suspend the construction and make a good explanation and complete the aftermath work in accordance with the relevant provisions of the state, and the construction can only be continued after the funds are in place.
Article 63 The construction period of the project shall be reasonably determined and strictly implemented in accordance with the relevant provisions of the State, and no unit or individual shall illegally interfere with it.
Article 64 The project adheres to the estimation control budget estimate, budget estimate control budget, and budget control final account.
Once the project feasibility study report, preliminary design, project budget estimate, budget, etc. are approved, they shall be strictly implemented, and no unit or individual has no legal reason and no legal procedures.
The project unit and its competent departments, supervision units, and whole-process cost control consulting units shall be constructed in strict accordance with the approved design documents, and shall do a good job in investment, quality and construction period control in strict accordance with the relevant provisions and contracts (agreements).
In the course of preliminary work or implementation of the project, if there is a change in the project unit, construction site, construction scale, investment scale, etc., and it is really necessary to change, the principle of first examination and approval and then change shall be followed (except for emergencies), and the original examination and approval department shall be submitted for approval in advance in accordance with the regulations.
The project unit shall make overall plans for the adjustment of the project, try to put forward all adjustment needs at one time, and avoid repeated and multiple project adjustments.
Article 65 The handover procedures can only be completed after the project is accepted.
In the preliminary work and construction process of the project, the project unit shall strengthen the communication with the takeover unit, fully listen to the opinions and suggestions of the takeover unit, and report the construction drawing design documents approved by the takeover unit to the takeover unit before the start of the project.
The takeover unit shall, at the time of completion and acceptance of the project (or before), put forward rectification opinions in accordance with the approved construction drawing design documents in accordance with the acceptance standards, and the project unit shall complete the rectification work within the agreed time limit according to the rectification opinions of the takeover unit. After the completion of the rectification work, the transfer procedures will be handled, and after the project is handed over, the takeover unit shall be responsible for custody.
If the takeover unit does not put forward rectification opinions at the time of completion and acceptance of the project (or before), it shall be deemed that the project has reached the acceptance standard, and the takeover unit shall not refuse to go through the takeover procedures for any reason.
If the construction unit fails to make rectification within the time limit, the project unit entrusts the takeover unit to rectify, and the relevant expenses are deducted from the project warranty after being approved by the financial department. After the expiration of the warranty period, the project unit shall, together with the takeover unit and other responsible units, conduct a re-inspection in accordance with relevant regulations.
Article 66 The project examination and approval department shall, in accordance with the relevant provisions of the State, select representative completed government investment projects, and entrust intermediary service agencies to conduct post-evaluation of the selected projects. The post-evaluation shall conduct a comprehensive evaluation of the approval and implementation of the project and put forward clear opinions based on the actual effect of the project after completion.
The specific implementation body of fiscal expenditure performance evaluation is divided into departmental (unit) self-evaluation and financial sector organization evaluation. The performance evaluation of fiscal expenditure shall be carried out in accordance with the relevant provisions.
The results of the post-project evaluation and the results of the performance evaluation of fiscal expenditure shall be used as an important reference basis for future government investment plans, fiscal expenditure budget arrangements and fund allocation.
Chapter 11 Supervision and Management
Article 67: Development and reform departments and other departments responsible for the supervision and management of government investment projects in accordance with law shall employ methods such as online monitoring and on-site verification to strengthen supervision and inspection of the implementation of government investment projects.
The project unit shall truthfully submit the basic information on the commencement of construction, construction progress and completion of the government-invested project through the online platform. Relevant departments and project units involved in the project shall strengthen internal supervision and internal control.
The project unit and other units of project construction such as consulting, survey, design, construction, and supervision shall consciously accept the supervision and inspection of the relevant departments.
The project is included in the government-invested project integrity early warning and evaluation system for supervision.
The audit department shall conduct independent audit supervision of the implementation of the project in accordance with the law, and issue an audit report in accordance with the law, and the relevant units shall rectify the relevant opinions and recommendations in accordance with the audit report in a timely manner.
Article 68: Development and reform departments and other departments that have oversight and management responsibilities for government investment projects in accordance with law shall establish mechanisms for sharing information on government investment projects, and realize information sharing through online platforms.
Article 69 The project unit shall, in accordance with the relevant provisions of the State, strengthen the management of archives of government investment projects, and archive the relevant documents and materials in the process of project approval and implementation for future reference.
Article 70 Information on the annual plan for government investment, the approval and implementation of government investment projects, and supervision and inspection shall be disclosed in accordance with law.
Article 71 Matters such as the performance management of budget funds, the quality management of construction projects, and the management of production safety for government investment projects shall be implemented in accordance with relevant laws, administrative regulations, and relevant national, provincial and municipal regulations.
Chapter XII: Legal Responsibility
Article 72: In any of the following circumstances, corrections are to be ordered, and responsible leaders and directly responsible personnel are to be given sanctions in accordance with law:
(1) Exceeding the scope of examination and approval authority for government investment projects;
(B) the non-compliance with the provisions of the government investment projects to be approved;
(3) Failing to approve or adjust the investment estimates of government investment projects in accordance with regulations;
(4) Arranging government investment funds such as investment subsidies and loan interest discounts for projects that do not meet the requirements;
(5) Other situations of dereliction of duty, abuse of power, or twisting the law for personal gain in the performance of government investment management duties.
Article 73: In any of the following circumstances, legal responsibility shall be pursued in accordance with the relevant budget laws, administrative regulations, and relevant provisions of the State:
(1) The government and its relevant departments borrow debts in violation of laws and regulations to raise government investment funds;
(2) Failing to handle the allocation of government investment funds in a timely and full manner in accordance with regulations;
(3) Transferring, embezzling, or misappropriating government investment funds.
Article 74 In any of the following circumstances, the project unit shall be ordered to make corrections, suspend or stop the allocation of funds or recover the funds that have been allocated, suspend or stop construction activities, and impose sanctions on the responsible leaders and directly responsible personnel in accordance with law:
(A) without approval or do not meet the provisions of the construction conditions to start construction of government investment projects;
(2) Fraudulently obtaining government investment funds such as approval of government investment projects or investment subsidies and loan interest discounts;
(C) without approval to change the construction site of the government investment project or to the construction scale, construction content and so on to make a major change;
(4) Increasing investment estimates without authorization;
(5) Require the construction unit to advance funds for the construction of government investment projects;
(6) Failure to implement or not implement approved government investment projects without justifiable reasons or in accordance with the construction period.
Article 75 Where the project unit fails to archive the relevant documents and materials in the process of examination and approval and implementation of government investment projects for future reference, or transfers, conceals, tampers or destroys the relevant documents and materials of the project, it shall be ordered to make corrections, and the responsible leaders and directly responsible personnel shall be punished according to law.
Article 76: Where violations of the provisions of these Measures constitute a crime, criminal responsibility shall be pursued in accordance with law.
Chapter XIII: Supplementary Provisions
Article 77: Where the higher level has other provisions on projects using national or provincial funds, transportation, water conservancy, or agricultural projects, and key national construction projects, follow those provisions.
The project of buildings and halls shall be strictly managed in accordance with the relevant regulations of the state and province.
Where there are other provisions for public-private partnership projects, follow those provisions.
The investment management of the county (city, district) government may be implemented with reference to these measures.
Article 78 These Measures shall come into force on xx/xx/2024 and shall be valid for 5 years, and the original "Measures for the Management of Investment Projects of the Jiangmen Municipal Government" (Jiangfu [2020] No. 9) shall be repealed at the same time. Where the state or province has new provisions, follow those provisions.
![What should I do if the construction at the "doorstep" disturbs the people? In doing so, they have moved the residents from complaining to "talking"[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)