must be unified in accordance with the provisions of the superior law.
This Regulation is the first administrative regulation in the field of government investment in China, and its effectiveness is not comparable to ordinary ministerial documents.
Relevant work will be subject to the provisions of the Regulations.
The State Council of the People’s Republic of China has promulgated the “Regulations on Government Investment”, which will officially come into effect next month.
Scope of clean-up: Departmental regulations, local government regulations, and normative documents related to government investment should all be included in the scope of clean-up.
The Regulations clearly require: 1.
2.
Those who violate the provisions of these regulations and constitute a crime shall be investigated for criminal responsibility in accordance with the law.
Prohibit “advance payment construction”: government investment projects shall not be funded by construction units for construction.
Subsequently, the official website of the National Development and Reform Commission issued a notice on the implementation of the Government Investment Regulations, requiring all regions to: 1.
4.
The national and provincial-level development and reform departments should determine the list of departmental regulations, local government regulations, normative documents, and cleaning opinions that need to be cleaned up before July 1, 2019; Complete the revision and abolishment procedures before December 31, 2019.
Require the construction unit to advance funds for government investment projects, fail to implement without justifiable reasons, or fail to implement approved government investment projects according to the construction schedule, and impose penalties on responsible leaders and directly responsible personnel in accordance with the law.
comprehensively clean up the current system that does not comply with the Regulations.
3.
3.
Progress requirements: Starting from July 1, 2019, if the government investment management regulations are inconsistent with the provisions and spirit of the Regulations, they will be suspended.
5.
The so-called “advanced construction contracting” refers to the construction party (local government) not having to prepay and pay the construction contractor the project funds according to the project progress, but the construction enterprise as the construction contractor advances the project funds in advance, and then repays them after the construction is completed.
If the main content of the relevant regulations violates the Regulations, they shall be abolished; If individual clauses are inconsistent with the Regulations, they should be revised; 2.
Timely completion settlement: The completion acceptance shall be carried out in accordance with relevant national regulations, and the completion financial settlement shall be processed in a timely manner after the completion acceptance is qualified.
Nowadays, why do many engineering companies dare not touch advanced projects anymore? The advance payment project may make you work hard for decades, returning to before liberation
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Any content that violates the “Regulations” in terms of government investment direction, fund raising, investment methods, decision-making procedures, investment plans, budget control, etc.
Do not arbitrarily compress the construction period: Government investment projects should be reasonably determined and strictly executed according to relevant national regulations, and no unit or individual may illegally interfere.
