If the competent investment department or other relevant departments refuse to approve a government investment project, they shall notify the project unit in writing and explain the reasons.
Prohibit “advance construction”: government investment projects shall not be advanced construction by construction units.
It is hereby promulgated and shall enter into force as of July 1, 2019.
Timely completion final accounts: the completion acceptance shall be carried out in accordance with the relevant provisions of the state, and the completion financial final accounts shall be handled in time after the completion acceptance is qualified.
For government investment projects that have a significant impact on economic and social development and public interests or have a large investment scale, the competent investment department or other relevant departments shall make a decision on whether to approve them on the basis of intermediary service agency evaluation, public participation, expert evaluation and risk evaluation.
Chapter I General principles of government investment regulations Article 1 These Regulations are formulated in order to give full play to the role of government investment, improve the efficiency of government investment, standardize government investment behavior and stimulate the vitality of social investment.
It is not allowed to arbitrarily reduce the construction period: the construction period of government invested projects shall be reasonably determined and strictly implemented in accordance with the relevant provisions of the state, and no unit or individual shall illegally intervene.
The project unit shall strengthen the preliminary work of the government invested 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 should be attached according to law.
Whoever violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.
5.
Chapter III annual government investment plan Article 15 the competent investment department under the State Council shall prepare an annual government investment plan for the government investment it is responsible for arranging, and other relevant departments under the State Council shall prepare an annual government investment plan for the government investment it is responsible for arranging in its own industry and field.
Article 14 Where government investment funds are arranged by means of investment subsidies and loan interest discounts, the project unit shall go through the formalities in accordance with the relevant provisions of the state.
Chapter II government investment decisions Article 8 people’s governments at or above the county level shall, in accordance with the national economic and social development plan, the medium-term financial plan and the state’s macro-control policies, make overall arrangements for the projects using government investment funds in combination with the financial revenue and expenditure situation, and standardize the use of all kinds of government investment funds.
Article 3 government investment funds shall be invested in social public welfare services, public infrastructure, agriculture and rural areas, ecological and environmental protection, major scientific and technological progress, social management, national security and other public projects in which the market cannot effectively allocate resources, mainly non operational projects.
Article 7 The competent investment department under the State Council shall perform the duties of comprehensive administration of government investment in accordance with these regulations and the provisions of the State Council.
Article 6 the government investment funds shall be arranged according to the project, mainly in the form of direct investment; For operational projects that really need support, capital injection is mainly adopted, and investment subsidies, loan discount and other methods can also be appropriately adopted.
The competent investment department and other relevant departments shall list the plans and industrial policies related to government investment through the online platform, disclose the handling process and time limit of the examination and approval of government investment projects, and provide relevant consulting services for project units.
Require the construction unit to advance the construction of government investment projects, fail to implement the approved government investment projects without justified reasons or fail to implement the approved government investment projects according to the construction period, and punish the responsible leaders and directly responsible personnel according to law.
Since the implementation of the regulations on government investment, more than 10 provinces, cities and autonomous regions have issued documents to follow up, prohibiting “advance construction”, and government investment projects shall not be advanced construction by construction units.
The state has established a mechanism for regular evaluation and adjustment of the scope of government investment to continuously optimize the direction and structure of government investment.
Article 12 the investment budget approved by the competent investment department or other relevant departments is the basis for controlling the total investment of government investment projects.
If the investment estimate proposed in the preliminary design exceeds 10% of the investment estimate proposed in the approved feasibility study report, the project unit shall report to the competent investment department or other relevant departments, and the competent investment department or other relevant departments may require the project unit to resubmit the feasibility study report.
Article 11 The competent investment department or other relevant departments shall, in accordance with the national economic and social development plan, special plans in relevant fields, industrial policies, etc., examine government investment projects from the following aspects and make a decision on whether to approve them: (1) the necessity of project construction proposed in the project proposal; （2） The implementation of main construction conditions such as technical and economic feasibility, social benefits and project funds of the project analyzed in the feasibility study report; （3） Whether the preliminary design and the proposed investment estimate meet the requirements of the reply to the feasibility study report and relevant national standards and specifications; （4） Other matters that should be examined in accordance with laws, administrative regulations and relevant provisions of the state.
3.
The state strengthens budgetary constraints on government investment funds.
The state strengthens the reserves of projects using government investment funds by establishing project banks and other means.
The specific scope of the projects listed in Item 3 of the preceding paragraph shall be stipulated by the competent investment department under the State Council in conjunction with other relevant departments under the State Council.
The regulations on government investment (Order No.
Article 2 the term “government investment” as mentioned in these Regulations refers to the investment and construction of fixed assets within the territory of China with the funds arranged in the budget, including new construction, expansion, reconstruction, technological transformation, etc.
The competent investment departments and other relevant departments of the local people’s governments at or above the county level shall perform the corresponding government investment management duties in accordance with these regulations and the division of responsibilities stipulated by the people’s governments at the corresponding level.
Article 9 for projects invested by the government in the form of direct investment or capital injection (hereinafter referred to as government invested projects), the project unit shall prepare project proposals, feasibility studies and preliminary designs, and submit them to the competent investment department or other relevant departments for examination and approval in accordance with the government’s investment management authority and prescribed procedures.
Article 13 for the following government investment projects, the documents and examination and approval procedures that need to be submitted for approval may be simplified in accordance with the relevant provisions of the state: (1) projects that have been clearly defined in the relevant plans; （2） Partial expansion and reconstruction projects; （3） Projects with single construction content, small investment scale and simple technical scheme; （4） Projects that need urgent construction in response to emergencies such as natural disasters, accident disasters, public health events and social security events.
Other relevant departments under the State Council shall perform corresponding government investment management duties in accordance with these regulations and the division of responsibilities stipulated by the State Council.
Article 5 government investment shall be commensurate with the level of economic and social development and the state of fiscal revenue and expenditure.
4.
The regulations is the first administrative regulation in the field of government investment in China, which clearly requires: 1.
Article 4 government investment shall follow the principles of scientific decision-making, standardized management, performance-oriented, openness and transparency.
The relevant departments of the local people’s governments at or above the county level shall, in accordance with the provisions of the people’s governments at the corresponding levels, formulate annual plans for government investment..
Article 10 except for projects involving state secrets, the competent investment department and other relevant departments shall go through the examination and approval procedures of government investment projects through the online examination and approval supervision platform of investment projects (hereinafter referred to as the online platform) and use the project code generated by the online platform.
712 of the State Council of the people’s Republic of China) has been adopted at the 33rd executive meeting of the State Council on December 5, 2018.
The government and its relevant departments shall not borrow debts in violation of laws and regulations to raise government investment funds.
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2.
The arrangement of government investment funds shall meet the relevant requirements of promoting the reform of the division of financial powers and expenditure responsibilities between the central and local governments, treat all kinds of investors equally, and shall not set discriminatory conditions.
The State shall improve relevant policies and measures, give play to the guiding and leading role of government investment funds, and encourage social funds to invest in the fields specified in the preceding paragraph.
The text is as follows.
01 what are the provisions of the government investment Ordinance? The regulations on government investment has been officially implemented since July 1, 2019.
