Central Geological Prospecting Fund Project Supervision Department:
Approved by the Ministry of Land and Resources, the Interim Measures for the Supervision of the Central Geological Exploration Fund (Working Capital) Project are hereby issued for trial implementation.
Central Committee of Ministry of Land and Resources
Geological exploration fund management center
Press release issued on September 8, 2008/KLOC-0.
Interim Measures for the Supervision of the Central Geological Exploration Fund (Working Capital)
Chapter I General Principles
Article 1 In order to strengthen the supervision and management of the Central Geological Exploration Fund (working capital) project (hereinafter referred to as the fund project), ensure the progress and quality of project implementation, and ensure the rational and effective use of exploration funds, these measures are formulated in accordance with the Interim Measures for the Administration of the Central Geological Exploration Fund (working capital) of the Ministry of Finance and the Ministry of Land and Resources (Cai Jian [2006] No.342) and other relevant provisions.
Article 2 These Measures shall apply to projects that are fully invested and cooperatively invested by the Central Geological Exploration Fund (circulating funds).
Article 3 The term "project supervision" as mentioned in these Measures refers to the whole process that the supervision unit is entrusted by the Central Geological Exploration Fund Management Center of the Ministry of Land and Resources (hereinafter referred to as the Fund Center) to supervise and manage the quality, time limit, capital and performance of the fund project construction on behalf of the Fund Center in accordance with the contents and authority agreed in the supervision contract.
Article 4 The supervision basis is the exploration design book, project contract and entrusted supervision contract issued by the Fund Center, as well as relevant national laws and regulations, exploration norms, procedures and technical standards.
Chapter II Supervision and Organization
Article 5 The fund center is the competent authority for fund project supervision, and is responsible for the organization and coordination of fund project supervision and the management guidance of the supervision unit's supervision business. Its main responsibilities are:
(a) the implementation of the relevant provisions of the fund project supervision;
(two) responsible for signing supervision contracts with supervision units, supervising and inspecting the performance of entrusted supervision contracts, providing professional training and guidance to supervisors, and being responsible for the examination and management of supervision qualifications of fund projects;
(three) supervision of fund project supervision business, mediation of supervision disputes, investigation and handling of major supervision accidents and illegal supervision behavior;
(four) to accept and review the project supervision report submitted by the supervision unit, and make relevant treatment according to the regulations;
(five) responsible for other management work related to the supervision of fund projects.
Article 6 The supervision of fund projects shall be subject to contract management, and the fund center shall sign an entrusted supervision contract with the supervision unit. According to the actual situation of the fund project, the entrusted supervision contract can be entrusted by signing one project contract or signing multiple project contracts. The main contents of the entrusted supervision contract shall include: the scope and content of supervision, the rights and obligations of both parties, the calculation and payment of supervision fees, the liability for breach of contract and other matters agreed by both parties.
Article 7 Exploration units undertaking fund projects shall obey the supervision and management of supervision units, establish and improve their own quality assurance system, improve the quality management responsibility system at all levels, equip full-time quality inspectors, and cooperate with supervision units to do a good job in supervision.
Chapter III Supervision Units, Institutions and Qualification Requirements
Eighth supervision units and supervisors should do a good job in project supervision in accordance with the principles of strict supervision, strict justice, serious responsibility and seeking truth from facts.
Ninth supervision units should have the corresponding engineering supervision qualification, which is determined by the capital center according to the market competition mode or designated according to the actual situation.
Tenth supervision units should set up a special project supervision office, equipped with corresponding personnel and equipment, in accordance with the provisions of the entrusted supervision contract and these measures, to carry out project supervision independently, fairly and effectively.
Eleventh project supervision office personnel should be based on the principle of effective control of all construction links of supervision projects, and reasonably equipped. Chief supervision engineer of supervision department (hereinafter referred to as the director) 1 person. At the same time, according to the actual needs of the project, a number of professional engineers related to geological exploration are equipped. The professional fields of personnel should include geology, drilling, geophysical exploration, geochemical exploration, testing, geological economy and other different categories.
Twelfth supervision engineer appointed by the supervision unit, reported to the fund center for examination and filing. The supervision engineer shall meet the following conditions:
(a) with senior professional and technical qualifications;
(2) Having worked in the professional post of geological exploration or related economic work for over 10 years, having served as the technical director of mineral exploration projects or related professions in the exploration work, or having engaged in the organization and management of mineral exploration in the Geological Exploration Bureau or geological team;
(three) familiar with the professional technical standards or norms;
(4) Healthy, competent for field work, and generally no more than 65 years old.
Article 13 The director shall be responsible for the supervision of fund projects. The director is the overall person in charge of project supervision, responsible for the supervision project entrusted by the fund center on behalf of the supervision unit, and fully responsible for the project supervision results. If it must be signed by the supervision unit in the process of supervision, the project leader shall sign and be responsible for the signature. If it is found that the project construction unit has any behaviors that affect the project quality and violate the rules and regulations and need to be corrected immediately, the project leader has the right to issue a shutdown order before reporting.
Chapter IV Duties, Rights and Obligations
Article 14 The entrusted supervision contract signed between the fund center and the supervision unit defines the responsibilities, authorities and obligations of the supervision.
Article 15 The duty of a supervision engineer is to comprehensively supervise and manage the construction quality, exploration technology, methods and means, the use of exploration equipment, data collection and analysis, the progress of the project, the completion of workload and the use of funds in accordance with the requirements of the exploration contract and technical specifications and procedures, and to participate in the on-site acceptance of the project and the review of the results report.
Sixteenth supervision units and their supervision engineers shall enjoy the following rights:
(a) to participate in the review of project design changes, annual project evaluation, on-site acceptance and the preparation of results reports;
(two) access to the project task book, design book, expert review opinions, design approval and other related technical information;
(three) access to the field engineering construction records and phased summary results of the project, check the sampling, sample delivery and sample analysis results of the project, and correct the exploration work that does not meet the technical regulations and design requirements;
(four) to consult the financial report on the use of project funds and correct the use of funds that do not meet the financial requirements;
(five) to supervise the implementation of the construction plan of the exploration unit. If the exploration project is not carried out as planned, it has the right to require the project exploration unit to take necessary measures to speed up the construction progress and ensure that the workload is completed according to the design requirements;
(six) to supervise and inspect whether the number and composition of technical personnel, exploration equipment, technical methods and outsourcing construction quality requirements of the project exploration unit meet the relevant provisions of the exploration contract, and have the right to put forward rectification requirements for matters that do not meet the requirements;
(seven) to urge the project exploration unit to fulfill the responsibilities and legal commitments stipulated in the contract in a timely manner.
Seventeenth supervision units and supervision engineers shall perform the following obligations:
(a) put forward the annual supervision plan;
(2) Track and report the progress and overall situation of project supervision according to the project type and work stage, and establish project supervision files;
(three) according to the supervision, put forward opinions and suggestions to the fund center on adjusting the project construction plan, terminating the project construction, formulating rectification measures, adjusting the project fund allocation plan, and continuing the project;
(4) Submit the supervision report to the fund center within the prescribed time limit and requirements;
(five) to accept the business inspection and guidance of the fund center;
(six) strictly abide by professional ethics, have the obligation to keep confidential the technical information of the fund project, and shall not disclose the technical information of the project to other parties except reporting to the fund center and the competent department of land and resources as required.
Chapter V Supervision Procedures and Contents
Eighteenth supervision work shall be carried out in accordance with the following procedures:
(a) supervision units to develop supervision plans, research fund center to provide project-related technical documents (task book, approved design and review opinions, approval, contract, etc.), to develop supervision plans;
(two) the fund center shall notify the project exploration unit in writing before the start of the project exploration, inform the supervision unit, supervision personnel and supervision authority, and report to the provincial land and resources department where the project is located for the record;
(three) before the implementation of on-site supervision, the supervision unit shall notify the exploration unit of the supervised project in writing 10 days in advance, put forward the requirements of supervision work, and report to the fund center for the record;
(four) after receiving the supervision notice issued by the supervision unit, the project exploration unit shall prepare the relevant technical documents and materials as required, and provide the necessary working and living conditions for the supervision personnel;
(five) supervision engineers carry out supervision work by listening to project work reports, consulting materials, sampling surveys, on-site supervision and inspection, etc.;
(six) after the on-site supervision work, the supervision unit put forward written supervision opinions to the project exploration unit, and the exploration unit signed the supervision conclusion;
(seven) the supervision unit shall submit a supervision report to the fund center and submit it to the provincial competent department of land and resources where the project is located.
Nineteenth supervision work shall include the following main contents:
(a) review the construction progress and construction plan, and supervise the implementation of the project tasks;
(two) spot check the quality of exploration work and check the implementation of engineering quality assurance measures;
(three) to check the implementation of the annual budget, verify the availability of matching funds for cooperative projects, check the completion of the project workload and the use of funds, and put forward the opinions of paying funds by stages according to the specified project schedule;
(four) to supervise and inspect the implementation of scientific management, civilized construction, safety and environmental protection measures and objectives of the project;
(five) to verify the results of geological exploration;
(six) according to the stage control supervision results, timely put forward the supervision opinions of project continuation or termination;
(seven) according to the project type of work, work stage or time schedule to submit supervision work report.
Article 20 The number of supervision engineers in each project supervision of the supervision unit shall not be less than 2, and the supervision work shall cover all aspects of the on-site and indoor work of the project implementation, and the sampling inspection involving the project quality shall not be less than 5%.
Chapter VI Handling of Major Matters in the Process of Supervision
Article 21 In the process of engineering investigation, if factors such as site geology, topography, construction site environment and construction technical conditions change, and the engineering investigation unit proposes to change the design or the engineering supervision engineer proposes to adjust the construction scheme according to the needs of the investigation work, the supervision unit shall organize relevant experts and the engineering investigation unit to conduct necessary research and demonstration and site reconnaissance, confirm the change and formulate the change scheme. The power of the organization to implement change is as follows:
(a) if it is confirmed that it is a reasonable change and does not cause changes in funds, the regulatory unit may directly issue a change consent and report it to the fund center for the record.
The above changes include, but are not limited to: adjustment of light mountain project, relocation of heavy projects within the scope permitted by the code, local adjustment of project construction sequence, completion or deepening of drilling ahead of schedule, etc.
(2) Where major technical and economic changes are involved, resulting in major changes in project quality, expected effect, safety and environmental protection, and capital, the change plan shall be submitted to the capital center for approval and then implemented.
Chapter VII Management Supervision and Dispute Resolution
Twenty-second supervision units must strictly fulfill the entrusted supervision contract and accept the supervision and management of the fund center and the competent departments of land and resources at all levels.
Twenty-third supervision units in the process of supervision tasks, and the project exploration unit, the fund center on the supervision of disputes, both parties to the dispute should be in accordance with the exploration contract, the entrusted supervision contract and the relevant laws, regulations and technical specifications of the state, through friendly consultation to resolve the dispute. If negotiation fails, apply for arbitration according to law.
Twenty-fourth supervision units or supervision engineers have actual or potential interests with the supervised engineering investigation units, and should be avoided; Where the withdrawal of the regulatory unit is involved, the fund center will make adjustments as appropriate.
Twenty-fifth supervisors shall not charge additional allowances, subsidies and any other interests that may affect the fair execution of supervision tasks.
Twenty-sixth staff engaged in supervision activities, dereliction of duty, abuse of power, corruption, disciplinary action by their units; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-seventh supervision units shall, in accordance with the relevant provisions of financial management, strictly manage the funds for supervision work, so as to use them for special purposes and shall not misappropriate or intercept them. Those who violate financial management regulations and intercept or misappropriate supervision fees shall be investigated for responsibility according to law.
Chapter VIII Supervision and Management Fees
Twenty-eighth supervision fees shall be determined by the entrusted supervision contract, and shall be charged to the fund execution fee and paid by the fund center.
Twenty-ninth project supervision fees included in the project budget, allocated once a year. See the annex for the specific standards of supervision fees.
Chapter IX Supplementary Provisions
Article 30 The Fund Center shall be responsible for the interpretation of these Measures.
Article 31 These Measures shall be implemented as of September 18, 2008.
Appendix:
Fund project supervision fee table
Note: Regulatory rate adjustment coefficient: 0. 8 Coal exploration projects, phosphorus, barite, fluorite, kaolin, potassium salt and other minerals 65,438+0, other minerals 65,438+0.2.