Interim Provisions of Beijing Municipality on the Administration of Investment and Construction Projects
Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Notice of the General Office of the State Council on Strengthening the Quality Management of Infrastructure Projects (Guo Ban Fa [1999] 16) in order to strengthen the management of government-invested construction projects, standardize the investment construction procedures, strengthen the investment responsibility system and risk restraint mechanism, ensure the quality of construction projects and improve the investment benefit. Article 2 The term "government-invested construction projects" as mentioned in these Provisions refers to projects that use special construction funds such as funds for investment in fixed assets in the municipal fiscal budget, land transfer income for investment in fixed assets, urban infrastructure "four sources" construction fees, municipal public facilities construction fees, social undertakings construction fees, water conservancy construction funds, central subsidy investment and plans, and loan funds promised by the financial department. Article 3 All construction projects that use government investment in accordance with the relevant laws, regulations and policies of the state and fall within the scope of examination and approval management of this Municipality, as well as construction projects in which the government participates in investment and the investment amount is more than 5 million yuan (including 5 million yuan), shall be managed in accordance with these Provisions. Article 4 The main scope of government-invested construction projects: public welfare projects that serve social development and are not for profit, and it is difficult to directly recover investment; Monopoly infrastructure and some basic industrial projects with long construction period, large investment and low income; Competitive projects such as pillar industries and high-tech industries that have a significant role in the economic development of this Municipality. Article 5 The Beijing Municipal Planning Commission (hereinafter referred to as the Municipal Planning Commission) is the competent department of the municipal government for the management of investment and construction projects; Beijing Municipal Bureau of Finance (hereinafter referred to as the Municipal Bureau of Finance) implements financial management and supervision over the financial activities of municipal government-invested construction projects. Article 6 Government-invested construction projects shall go through examination and approval procedures in accordance with state regulations, and strictly implement the construction procedures. Construction procedures mainly include: project proposal, feasibility study report, preliminary design, construction project planning permit, commencement report, completion acceptance, etc. It is strictly forbidden to occupy or misappropriate unplanned government investment; It is forbidden to engage in "trilateral" projects with survey, design and construction. Article 7 According to the Company Law of People's Republic of China (PRC), a government-invested construction project established as a project legal person is approved in the form of a limited liability company (including a wholly state-owned company) or a joint stock limited company. The government investment is injected into the project legal person company in the form of state capital, and the project legal person is responsible for the whole process of project planning, fund raising, construction implementation, production and operation, debt repayment and asset preservation and appreciation. Article 8 According to the relevant provisions of the Bidding Law of People's Republic of China (PRC), the survey, design, construction and supervision of government-invested construction projects and the procurement of major equipment and materials shall be subject to the bidding system. Tender should be open tender, if it is really necessary to take the form of invitation tender, it must be approved by the Municipal Planning Commission and the Municipal Finance Bureau. Ninth government investment projects must implement the contract management system. Its design, construction, procurement and project supervision should conclude contracts according to law, and all kinds of contracts must have clear quality requirements, performance guarantees and penalty clauses for breach of contract. Chapter II Determination of Projects Article 10 For government-invested construction projects, the construction unit shall prepare project proposals and report them to the Municipal Planning Commission for examination and approval in accordance with the prescribed authority and procedures. Among them, the Municipal Planning Commission must first report to the municipal government for urban infrastructure projects with a government investment of more than 200 million yuan and other projects with a government investment of more than 50 million yuan. Eleventh construction units in accordance with the approved project proposal to prepare a feasibility study report, according to the provisions of the authority and procedures, reported to the Municipal Planning Commission for approval. The feasibility study report must specify the construction scale, construction content, construction standards and investment estimation of each single project in detail, and attach the approved general plan of the project. For the project that requires the implementation of the project legal person responsibility system in the examination and approval of the project proposal, the project legal person establishment plan should be put forward. Twelfth City Planning Commission shall organize relevant experts or entrust an intermediary agency with corresponding qualifications to evaluate and demonstrate the feasibility study report of government-invested construction projects and the project proposal of major projects. Thirteenth government investment projects approved by the feasibility study report, by the Municipal Planning Commission into the city's fixed assets investment project reserve. Chapter III Project Planning and Design Article 14 For government-invested construction projects listed in this Municipality's fixed assets investment project reserve, the construction unit or the entrusted intermediary agency shall prepare design bidding documents according to the estimated investment, construction scale, construction content and construction standards approved by the feasibility study report, and organize public bidding or inviting bidding after being approved by the Municipal Planning Commission and the Municipal Finance Bureau. The bidding design unit shall prepare the planning and design scheme and preliminary design in strict accordance with the bidding documents. Fifteenth the construction unit shall organize the evaluation of the investment design scheme, and put forward the proposal of winning the bid. After the Municipal Planning Commission organizes relevant departments or entrusts intermediaries to review and determine the estimated investment of the project, the construction unit shall issue a notice of winning the bid for the design scheme, sign a design contract and report it to the Municipal Planning Commission and the Municipal Finance Bureau for the record. Article 16 The design of government-invested construction projects includes three stages: planning and design scheme, preliminary design and construction drawing. The winning design scheme shall be submitted to the competent department of city planning and design for approval according to relevant regulations. The Municipal Planning Commission and the Municipal Finance Bureau shall participate in the preliminary design review meeting of the project organized by the municipal planning and design department. If the project is expanded, the content is increased and the standard is improved due to the needs of planning and design, the increased investment shall not exceed 3% of the approved investment, and the increased construction area shall not exceed 5% of the approved area. Construction projects exceeding the above limits shall re-compile the feasibility study report and report it to the Municipal Planning Commission for approval.