Administrative
Regulations of Shenzhen Municipality
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on
Governmental Investment Projects
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(Adopted
at the Thirty-eight Meeting of the Standing Committee of the
Second Shenzhen Municipal
People' s Congress on March 3, 2000.) |
Chapter
I General Provisions
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Article
1 In order to standardize
governmental investment project of Shenzhen Municipality,
establish sound
decision-making procedure and organizational
implementation procedure, guarantee quality of projects and
achieve better investment profits, these
regulations are hereby formulated in combination with the
practical conditions of Shenzhen
Municipality and in accordance
with the fundamental principles of the relevant laws and
regulations.
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Article
2 These
regulations shall be applicable to the administration of the
governmental investment projects
at the level of Shenzhen
Municipality.
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In
these regulations, governmental investment projects at the level
of Shenzhen Municipality referred
to the construction projects
with investment of fixed assets at the level of municipality,
for
which the funds within budgetary estimate, land development
funds and other financial funds are used.
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Article
3 All
governmental investment projects shall be constructed in
accordance with approved plans.
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The
plans of governmental investment projects shall be made out
under the relevant laws, regulations
and policies of the state,
the plans of national economy and social development of Shenzhen
Municipality,
the urban planning and the practical requirements.
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Any
governmental investment shall be made in compliance with the
principle of keeping expenditures
below income and maintaining
comprehensive balance.
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Any
governmental investment shall emphatically invest in fundamental
and public projects.
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Article
4 The
construction of the investment projects of the government shall
abide by the following principles:
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(1)
Strictly perform the procedure of capital construction.
Reconnoitering, design and construction
in the same time shall
be prohibited;
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(2)
Stick to the principle of budgetary estimate controlling budget,
and budget controlling final
accounts;
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(3)
Establish improved responsibility system for quality of projects
and responsibility system for
supervision of projects to ensure
quality of projects; and
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(4)
Other responsibility system of legal persons for projects
according to these regulations
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Article
5 The
competent planning agency (hereinafter referred to as the
"Competent Municipal Planning
Agency") of the People's
Government of Shenzhen Municipality (hereinafter referred to as
the
"Municipal Government") shall be specifically
responsible for the working-out plans of the governmental
investment projects and their enforcement. The agencies of
finance, state-owned land planning,
construction, auditing,
administrative supervision and other municipal government
agencies shall
exercise the administration and supervisory
control over the governmental investment projects within the
limits of the respective authorities.
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Chapter
II Establishment of Governmental Investment Projects
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Article
6 All
governmental investment projects shall not be constructed before
the application for the establishment
of projects being
approved.
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The
following documents shall be required for application for the
establishment of projects.
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(1)
Application;
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(2)
Recommendation of projects; and
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(3)
Other documentary materials required by the competent municipal
planning agency.
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Article
7 Any recommendation of projects shall include the following
contents:
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(1)
Necessity and basis of construction of projects;
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(2)
Planned place, scale of construction, estimated investment and
tentative plans for fund financing;
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(3)
Initial analyses of economic benefit and social results; and
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(4)
Other items.
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Article
8 The
application for the establishment of projects shall be examined
by the Municipal Planning Competent
Agency, who submits the
qualified ones to the People's Government for approval. Those
very important
projects shall be submitted by the Municipal
People's Government to the Standing Committee of the Municipal
People' s Congress for examination and approval.
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Any
declaration for the establishment of projects that are to be
approved by the superior people's
government pursuant to the
limit of authority of approval shall be uniformly handled by the
Competent
Municipal Planning Agency.
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As
for the projects that may greatly affect the society or
environment, opinions from all walks
of life and the public
shall be solicited before the establishment of the projects.
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Article
9 After the
application for the establishment of projects approved, a
construction unit shall undertake
the following work in the
given order:
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(1)
Feasibility study;
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(2)
Initial design; and
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(3)
Working out general budgetary estimate of projects.
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The
initial design and general budgetary estimate of the projects
with investment capital below
RMB 30,000,000 or projects
urgently needed construction may be worked out with the approval
of
the Competent Municipal Planning Agency.
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If
it is necessary, the Competent Municipal Planning Agency shall
arrange necessary outlay for work
as stipulated in Paragraph 1
of this Article.
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Article
10 A
construction unit shall authorize those competent advisory
agencies to make the feasibility study
of the projects and work
out reports of feasibility study.
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In
any reports of feasibility study, all-round analyses and
demonstrations, which shall meet the
work requirements as
stipulated by the state, are to be made on the reasonableness or
feasibility
of construction projects in technology, engineering,
economy and the effect on environment.
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The
reports of feasibility study once completed shall be presented
by construction units to the
competent municipal planning agency
for examination and approval.
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Article
11 A
construction unit may, after the report of feasibility study has
been completed, authorize a
competent design unit to work out
initial plans and general budgetary estimate of a project
pursuant
to the requirements of the approved report of
feasibility study.
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Any
initial design shall be subject to the approval of the relevant
agencies as stipulated by the
Municipal People's Government.
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Article
12 All
expenditures required by construction projects shall be included
in general budgetary estimate
of projects.
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All
general budgetary estimates of projects shall be subject to the
examination of competent advisory
agencies who have been
authorized by the competent municipal planning agency and
further to the
approval of the Competent Municipal Planning
Agency.
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Article
13 Written
recommendations of projects, reports of feasibility study and
initial design shall go through
advisory assessment, otherwise
they shall not be approved.
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The
detailed advisory measures are to be prescribed by the Municipal
People's Government.
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Chapter
III Plans for Governmental Investment Projects
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Article
14 All plans
for governmental investment projects shall include the following
contents:
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(1)
Gross amount of annual governmental investment;
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(2)
Names of newly started projects, scale of construction, gross
amount of investment, construction
period, amount of annual
investment and contents of construction;
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(3)
Names of projects for continuous construction, annual amount of
investment and contents of proposals;
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(4)
Planned governmental investment funds at earlier stages; and
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(5)
Other necessary conditions needed statement.
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All
plans of governmental investment projects shall be completed
working out before the start of
the plan of the following year.
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Article
15 Only after
the initial plans have been approved and general budgetary
estimate checked and ratified,
may newly started projects be
brought into the annual plans for governmental investment
projects.
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Article
16 Fund
requirements for continuous construction of projects shall be
first of all ensured in plans
of governmental investment
projects.
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Gross
investment brought into plans of newly started projects shall be
calculated on the basis of
approved general budgetary estimate
for the checked and ratified projects by the Competent Municipal
Planning Agency.
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Article
17 All plans
of governmental investment projects once worked out shall be
submitted by the Municipal
People's Government to the Municipal
People' s Congress for examination and approval.
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Article
18 As for the investment projects
needed to be brought into plans of governmental investment
projects
of the year but not in conformity with the requirements
as stipulated in Article 15 of these regulations, appropriate
funds may be prepared for the plans of annual governmental
investment projects as funds for the
anticipated projects, which
are to be brought into plans of governmental investment projects
and
be submitted by the Municipal People's Government to the
Standing Committee of the Municipal People' s Congress
for
examination and approval the time when the said projects meet
the stipulated requirements. |
Article
19 In the
course of the performance of plans of governmental investment
projects, the Municipal People's
Government shall work out
adjustment plans on the total amount of annual governmental
investment
or any increase or decrease of newly started projects
if necessary for presentation to the Standing Committee of
the
Municipal People' s Congress for examination and approval.
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If
there is any adjustment of annual investment for the approved
projects in the light of the practical
requirements of the
construction projects, the Competent Municipal Planning Agency
shall, after
soliciting opinions from the relevant agencies,
work out adjustment plans for the approval of this municipality,
but the accumulated funds appropriated to the projects shall not
exceed the total investment as
stipulated in the plans.
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Article
20 Once having
been approved, any plan for governmental investment projects
shall take legal effect
for strict enforcement. Any unit or
individual shall not alter the plan without authorization and
through legal proceedings.
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Chapter
IV Administration of Establishment of Governmental Investment
Projects
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Article
21 The
Competent Municipal Planning Agency shall, after the approval of
the plans for government investment
projects, issue timely the
investment plans to all the construction units and notify their
competent
agencies of trades and professions.
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All
construction units shall authorize design units to work out
working drawings and budget for
projects strictly in compliance
with the issued investment plans, the approved initial design
and
general budgetary estimate of projects.
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Any
budget of working drawings and other expenditures needed during
construction of projects shall
be included in the budget of
projects.
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Article
22 Any design
of working drawings shall be subject to the approval of the
agencies as stipulated by
the people's government; any budget of
projects shall be examined and approved by the auditing agencies
(hereinafter referred to as the "Municipal Investment
Auditing Agencies") before submitted to
the Competent
Municipal Planning Agency.
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Any
budget of projects shall not be beyond the approved total
investment of projects. Compulsory
excess shall be subject to
the approval of the Competent Municipal Planning Agency, but any
projects
whose investment exceeds 20% of the total investment
and RMB 50,000,000 shall be reported to the Standing Committee
of the Municipal People' s Congress for examination and
approval.
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Article
23 As for the
construction of the projects in which responsibility system of
legal persons are required
according to the relevant
regulations, legal persons of projects, who shall be responsible
for
the construction, administration and management of projects
at construction units, are to be formed according to
law.
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A
legal representative of a project may not hold concurrent posts
of leadership at any administrative
institutions.
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The
detailed measures on the implementation of responsibility system
of legal persons for projects
are to be specifically stipulated
by the municipal government.
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Article
24 In the projects for which it is
inappropriate to apply the responsibility system of legal
persons,
the construction institutions for the construction of
governmental investment projects established by the municipal
government shall, after the plans have been issued, be their
construction units, who shall undertake
the preparatory works
and organize construction. |
Article
25 Invitation
to bid and bidding shall be held for the reconnoitering, design,
construction and supervision
of the governmental investment
projects according to law. No projects without holding
invitation
to bid and bidding according to law may be approved
to be designed or started construction.
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Article
26 Contracts
shall be concluded according to law on the reconnoitering,
design, construction and supervision
of construction projects.
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A
performance guarantee system shall be applied to governmental
investment projects. All units of
reconnoitering, design,
construction and supervision shall, as soon as contracts have
been concluded,
present letters of performance guarantee of a
certain amount of bonds provided by banks to construction units
under contracts. Any transfer of contract or illicit subcontract
of projects shall be prohibited.
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Article
27 A system of
approval of commencement report shall be applied to governmental
investment projects.
Any commencement report shall be approved
by the Competent Municipal Planning Agency. The following
requirements shall be satisfied for commencement of projects:
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(1)
Legal persons of projects having been set up or persons liable
for projects having been confirmed,
administrative personnel of
projects having reached construction sites and rules and
regulations
on the management of projects having been
formulated;
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(2)
Working drawings having been approved and budget of projects
checked and ratified;
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(3)
Units in charge of construction and supervision units having
been determined and contracts for
undertaking construction and
supervision contracts concluded;
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(4)
Principal part of projects construction preparatory work of
control projects having been completed
to meet requirements of
continuous construction; and
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(5)
Other requirements as stipulated in laws and administrative
rules or regulations.
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The
persons liable for projects in the Item 1 of the preceding
paragraph shall mean the persons
who are designated by
governmental project construction institutions reliable for
construction
of specific projects.
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Any
compulsory advance commencement of projects due to some urgent
circumstances for those who have
not met the requirements as
stipulated in the second item of the second paragraph of this
Article
shall, upon examination of projects by the competent
municipal planning agency, be reported to the Municipal People's
Government for approval.
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Any
construction units may not organize construction unless reports
of commencement of projects
have been approved.
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Article 28
The municipal financial agencies shall appropriate funds for
construction by stages according to
the progress rate of
construction of projects under the annual plans of governmental
investment
projects.
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Special
funds of governmental investment projects shall be used for a
special purpose, for which
the municipal financial agencies
shall exercise control and supervision over financial activities
in governmental investment projects.
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Article 29
A direct payment system shall be applied to any construction
funds.
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All
construction units shall, with approved application of the
establishment of projects, issued
investment plans, relevant
documents, contracts on reconnoitering, construction,
supervision, etc
and application for appropriated funds signed
by personnel in charge of construction units, go through payment
procedures in municipal financial agencies, who shall directly
pay the construction funds to units
of reconnoitering, design,
supervision, etc, or directly appropriate the construction funds
to
legal persons of projects for which legal persons are formed
according to law.
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The
detailed measures on direct payment are to be formulated by the
Municipal People's Government.
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Article 30
A non-spot attestation control system shall be applied to
governmental investment projects, but
any increase to content
and quantity of projects due to special circumstances arising
not on the
part of units in charge of construction may be
attested on the construction sites. Any construction units shall
advance the non-spot attestation for which the relevant
documents or materials shall be provided,
but in case any
attestation of content and quantity of projects occurs, it shall
be jointly affirmed
by units of construction, design and
supervision and municipal investment auditing institutions. Any
overdue attestation shall be held invalid.
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Article
31 Any equipment needed in
governmental investment projects shall be purchased in
accordance with
the Regulations of Shenzhen Special Economic
Zone on Governmental Procurement. |
Article 32
Any governmental investment projects shall be constructed
strictly according to the approved design
documents. Any
necessary changes in design shall, upon approval and revision of
design units, be
reported by construction units to the original
ratification authorities for examination and approval.
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Any
addition to the total investment of projects due to changes of
design or other causes shall
be decided pursuant to the second
paragraph of Article 22 of these regulations.
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Article 33
After the completion of governmental investment projects
according to the approved design documents,
the settlement,
final accounts, completion and acceptance of projects shall be
finished within
6 months unless otherwise specifically provided
by law.
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All
settlement and final accounts of completion of projects shall be
checked by the municipal investment
auditing agency, who shall
provide opinions on checkup within 45 days after receipt of all
the
necessary documents and materials.
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Article 34
The governmental investment projects shall be handled with
registration of title.
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The
municipal financial agency is responsible for the title
registration. All construction units
shall apply for title
registration within 30 days after completion final accounts have
been worked
out and upon checkup of the Municipal Investment
Auditing Institutions.
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Any
project without registration of title may not be made available
for use.
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Article 35
All construction units shall go through procedures of the
handover of assets with end users timely
after title
registration, excluding the projects to which responsibility
system of legal persons
has been applied.
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Any
balance of construction funds shall, within a month after
registration of title, be turned over
to the Municipal Financial
Agency. |
Chapter
V Supervision of Governmental Investment Projects
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Article 36
The Standing Committee of the Municipal People' s Congress
shall exercise supervision over the
execution of plans of
governmental investment projects according to law.
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It
is the right of the Standing Committee of the Municipal
People' s Congress to organize specific
investigations of
significant items in governmental investment projects, in which
the agencies,
units or individuals concerned shall actually
reflect information and provide necessary data. |
Article 37 The
Municipal People's Government shall report to the Municipal
People' s Congress or its Standing
Committee about the
execution of the plans for governmental investment projects at
least twice
within a year.
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Article 38
The Competent Municipal Planning Agency shall be responsible for
the supervision and examination
of the execution of plans of
governmental investment projects, and report to the municipal
government
and the relevant special committees of the Municipal
People' s Congress about the execution of plans.
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The
relevant municipal agencies shall exercise supervision and
examination of governmental investment
projects within their
limits of authorities. |
Article
39 The People's Government may
appoint special check commissioners to check independently the
construction
process of the significant governmental investment
construction projects according to relevant regulations. |
Article 40
The Municipal Auditing Agency shall exercise auditing
supervision over the execution and final
accounting of
governmental investment projects according to law.
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Any
audit made by auditing agencies on completion final accounts of
governmental investment projects
shall be binding to
construction units, design units and units in charge of
construction.
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Article 41
Names of legal persons of projects or names of construction,
reconnoitering, supervision units,
units in charge of
construction and names of persons reliable of governmental
investment projects
shall be published on the construction sites
when under construction and at conspicuous places of buildings
or fixtures after construction.
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Telephone
numbers for tip-off shall be set up and made known to the public
by relevant municipal
agencies. It is the right of any unit,
individual or news agency to report or prosecute all illegal
acts that occur in the course of examination and approval and
under construction of governmental investment
projects. Those
shall be rewarded who are meritorious in report or prosecution. |
Chapter
VI Legal Responsibility
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Article 42 Any
construction unit who violates any of the following provisions
shall be ordered to make corrections
within the specified time
limit and prosecuted for the administrative liability of the
personnel
in charge and personnel directly liable; if the
circumstances are serious, the offender shall be removed from
office and forbidden to be in charge of the administration of
any governmental investment projects
within three years; if the
offence constitutes a crime, the offender shall be prosecuted
for his
criminal liability according to law.
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(1)
Starting construction without authorization;
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(2)
Raising construction standard or extending scope of investment
without authorization;
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(3)
Organizing tenders not according to law;
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(4)
Transferring or invading or embezzling funds for construction;
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(5)
Making available for use without completion acceptance or with
unqualified completion; and
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(6)
Other acts seriously in violation of these regulations and other
laws and regulations.
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Article
43 Any advisory institution who,
in the course of advisory assessment of written recommendation,
reports
of feasibility study and initial design of projects,
practices fraud or makes absolutely inadequate assessment
conclusion shall, according to the seriousness of the
circumstances, be criticized by circulating
a notice and
forbidden to undertake any advisory assessment of governmental
investment projects
within 3 years; the offender shall be liable
for the damages if there is any loss, or prosecuted for his
criminal liability according to law if the offence constitutes a
crime. |
Article 44
Any relevant governmental agency who commits any of the
following acts shall be ordered to make
corrections within the
time limited and prosecuted for the administrative liability of
the chief
personnel in charge and personnel directly liable; if
the offence constitutes a crime, the offender shall be
prosecuted for his criminal liability according to law.
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(1)
Having illegally approved reports of feasibility study or design
documents;
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(2)
Having illegally approved commencement report;
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(3)
Having illegally appropriated funds for construction; and
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(4)
Other acts seriously in violation of these regulations and other
relevant laws and regulations.
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Article
45 Any leader of the relevant
competent agency of the People's Government, who orders or
authorizes
other agencies to violate construction procedures in
these regulations, or illegally interferes with decision making
of governmental investment projects, shall be prosecuted for his
administrative liability; if the
offence constitutes a crime,
the offender shall be prosecuted for his criminal liability
according
to law. |
Article
46 In case any serious quality
accidents occur in governmental investment projects, besides the
investigation
of the liability on the part of the construction,
reconnoitering and supervision units, units in charge of
construction, their legal representatives and personnel directly
liable, the relevant administrative
leaders shall be prosecuted
for administrative liability in examination and approval,
execution
of construction procedures, appointment of cadres and
supervisory control over construction of projects; if the
offence constitutes a crime, the offender shall be prosecuted
for his criminal liability according
to law. |
Article
47 Anyone working in the
government office who, in the course of the construction of
governmental investment
projects, abuses his power of office,
neglects his duties, practices irregularities for personal
gains, takes bribes shall be confiscated of his illegal gains
and investigated for his administrative liability
according to
law; if the offence constitutes a crime, the offender shall be
prosecuted for his
criminal liability according to law. |
Chapter
VII Supplementary Provisions
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Article 48
The detailed implementation measures are to be formulated by the
Municipal People's Government
in accordance with these
regulations.
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Article
49 The implementation of
governmental investment projects of people's governments of all
districts
and towns of Shenzhen Municipality shall refer to
these regulations. |
Article 50
These regulations shall take effect as of July 1, 2000.
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