The evolution of relevant laws and policies is as follows: 1.
Under the BOT mode, private enterprises undertake the investment, financing, construction, operation and maintenance of the infrastructure project, During the concession period, appropriate fees will be charged to the facility users to recover the investment and financing, construction, operation and maintenance costs of the project and obtain reasonable returns; when the concession period expires, the private enterprises of the contracting party will hand over the infrastructure to the government department free or paid.
The former Ministry of construction first mentioned the term “construction transfer (BT)” in the guiding opinions of the Ministry of construction on cultivating and developing general contracting and project management enterprises (Jian Shi [2003] No.
3、 Entrusted construction mode Agent construction system refers to the social specialized project management unit selected by the government through bidding (hereinafter referred to as agent construction unit) , responsible for the investment management, construction organization and implementation of the project, and the system of delivering the project to the user after completion.
30) issued on February 13, 2003.
6、 BT mode Build transfer investment and construction mode (hereinafter referred to as “BT mode”) is an investment and financing construction mode in which the government uses non-governmental funds to implement engineering project construction.
BOT investment makes some infrastructure that is in urgent need of construction and the government is unable to invest in construction at present The project was completed ahead of schedule with the active participation of private enterprises to serve the public.
On February 21, 2017, the general office of the State Council issued the opinions on promoting the sustainable and healthy development of the construction industry, proposing “accelerating the implementation of EPC” and “cultivating the whole process of engineering consultation” On December 26, 2017, the Ministry of housing and urban rural development issued the administrative measures for general contracting of housing construction and municipal infrastructure projects (Draft for comments), which has been officially implemented since March 1, 2020 after three years.
5、 PPP mode: cooperation between public sector and private enterprises (PPP) The essence of this form of financing is that the government gives private enterprises long-term franchise rights and income rights in exchange for accelerating the construction and effective operation of infrastructure.
The evolution of relevant laws and policies of the entrusted construction mode is as follows: the decision of the State Council on investment system reform (GF (2004) No.
The evolution of specific laws and policies is as follows: on February 6, 2016, the CPC Central Committee and the State Council issued several opinions on Further Strengthening the management of urban planning and construction “Deepen the reform of the organization and implementation mode of construction projects and promote the EPC system”.
It was once favored because it is convenient for local governments to expand financing channels, improve project construction efficiency and low repurchase risk.
Under BT mode, legal subjects include BT project owners, investors and financiers, project companies, construction units, financial institutions, etc., covering financing, construction, guarantee, repurchase, etc.
According to different contracting contents, this mode can be divided into construction drawing design construction, preliminary design construction, scheme design construction and other types 2、 EPC mode: the integration mode I and mode II of engineering, procurement and construction (EPC) are common modes of EPC mode.
It is often used in infrastructure construction projects and public welfare construction projects.
On May 20, 2016, the Ministry of housing and urban rural development issued several opinions on further promoting the development of EPC , it has made corresponding provisions on the contracting stage of EPC projects, the selection of EPC enterprises, the subcontracting of EPC projects, and the supervision procedures of EPC projects.
4、 BOT mode (Build Operate Transfer) BOT is the abbreviation of “Build Operate Transfer”, which means “Build Operate Transfer” , is a way for private enterprises to participate in infrastructure construction and provide public services to the society.
20) on July 16, 2004 That is to speed up the implementation of the “agent construction system” for non-profit government investment projects.
In the field of international engineering construction, the construction mode of engineering projects is generally divided into three categories: traditional mode, project management mode and general contracting mode.
200), which further standardized the construction project management, and stipulated that the project owner can select the project management enterprise and implement the mandatory standards of project construction through bidding or entrustment.
However, BT mode lacks unified and specialized legislation, industry competent departments have not implemented general model texts, and the division of rights and responsibilities of all parties involved in BT project is not clear, which is related to the construction project The common problems such as non-standard bidding procedures, subcontracting, illegal subcontracting and affiliation in the field are superimposed, resulting in the chaos of BT mode in practice.
Now, the construction mode of engineering projects is studied as follows: 1、 DB mode: design and build (DB) integration.
Through the concession mode of private enterprises to participate in infrastructure construction, the state not only reduces the government’s public borrowing and direct investment, but also meets the social and public needs in advance.
PPP mode is applicable to projects with large investment, long construction cycle and slow capital return, including transportation departments such as railway, highway, bridge and tunnel, energy departments such as electric power and gas, telecommunications networks and other communication industries.
The original Ministry of construction formulated the Trial Measures for construction project management (Jianshi (2004) No.
Item (7) of Article 4 of the document stipulates: “General contracting enterprises with investment and financing capacity are encouraged to organize the implementation of qualified engineering projects in accordance with the requirements of the owner, such as construction transfer (BT), construction operation transfer (BOT), construction ownership operation (BOO), construction ownership operation transfer (boot), etc.” 。.
The entrusted construction mode is mainly applicable to public welfare government investment projects.
