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Administrative Measures of Hengyang City for Inspection of Key Construction Projects
From:湖南省人民政府网 | Date Add in:2017-11-28 14:55:24 [A  A]

 


Article 1 In order to strengthen the supervision over the key construction projects of the state, the province and the city, guarantee construction quality and ensure fund safety, and increase the investment efficiency, these measures are formulated in accordance with the No.54 [2000] by the General Office of the State Council and No.39 [2001] by the General Office of the Government of Hunan Province.

Article 2 Special inspectors are to take charge of the supervision over key construction projects. They are appointed by Municipal Development Planning Commission and are responsible for the supervision over the development and management of the key construction projects of the state, the province and the city.

Article 3 The key construction projects mentioned in these measures include construction projects funded by the state, the province and the city, large and medium sized construction projects listed on the schedule of investment in fixed assets by the state, the province and the city, as well as construction projects financed by various special policy funds.
The final list of the city`s key construction projects which are to be under the supervision of special inspectors will be decided by concerned departments of the
Municipal Development Planning Commission or the county government.
 
Article 4 The Municipal Development Planning Commission sets up the special inspectors` office of key construction projects of Hengyang City, taking charge of
organizing and managing the supervision over the city`s key projects. takes charge of the inspection of the key construction projects. It`s main responsibilities
include:
 (1) To make supervision plans and organize to carry out special supervision, combined and usual supervision, as well as audit, submit and transmit supervision report;
 (2) To supervise and inspect the inviting and submitting bids activities during the constructing process of key construction projects;
 (3) To take charge of the day-to-day management and training of the special inspectors and their assistants;
 (4) To enact supervision rules and regulations and relevant policies and fulfill other tasks assigned by hierarchy.

Article 5 The special inspector system is implemented to carry out the supervision over the city`s key construct projects.

Article 6 The public servants above section-level are able to serve as special inspectors, one equipped with one or two assistants helping with their work.
The special inspectors do not participate in or interfere with the operation and management of the supervised.
The special inspectors and their assistants must meet the following requirements:
 (1) Be well acquainted with and able to fulfill and enforce the relevant laws, rules, regulations and policies;
 (2) Stick to the inspection principles and perform their duties on the basis of being clean, honest, self- disciplined, and secret-keeping;
 (3) Sufficient professional knowledge on financial accounting, auditing, engineering technology and so on, as well as adequate ability of overall analysis and
judgment.
 (4) Having fully received professional training.

Article 7 The special inspectors` duties include:
 (1) To supervise and inspect the implementation of relevant laws, rules and regulations, and policies of the state by the inspected units and determine whether their
decisions on construction projects comply with permissions and procedures regulated by rules and regulations;
 (2) To supervise and inspect the construction projects` inviting and submitting bits events, construction quality, project progress and final acceptance of key
construction projects.
 (3) To supervise and inspect the inspected units` financial accounting data and other concerned documents, supervise the truthfulness and lawfulness with regard to
fund uses and budgetary estimate control.
 (4) To make evaluation on the principal responsible persons` management and suggest rewards or punishments.

Article 8 On average, one special inspector is responsible for 2 to 5 construction projects and carries out at least twice on-site inspections each year on each project.

Article 9 The special inspectors may adopt the following methods with reagard to their supervision:
 (1) To attend and convene meetings related to inspection affairs at the inspected unit, listen to report on the construction project given by the principal
responsible person of the inspected unit;
 (2) To review the inspected unit`s financial accounting data and other relevant data of the construction projects, such as the final report, accounting documents and
accounting books and son on;
 (3) To carry out on-site inspection to investigate and verify the facts concerned.
 (4) To inquire of the staff members the inspected unit`s financial situation and require the principal responsible person of the inspected unit to explain, if
necessary;
 (5) To inquire of financial, auditing, construction administrative and other relevant departments about the use of funds and the quality of key construction project
undertaken by the inspected unit. Whenever necessary, the Municipal Development and Planning Commission can organize the special inspectors to perform supervision with members from finical, auditing, construction, and supervising department, and invite professional and technical personnel for the inspection.

Article 10 The inspection of key construction projects shall comply with the principle of being law-based, objective, fair, practical and realistic.

Article 11 The inspected unit shall accept the legal inspection by the special inspectors. The inspected unit shall faithfully and regularly provide the inspectors with the documents or materials related to the key construction project, report the major events in the process of construction and management, and shall not delay, reject, conceal or fabricate the documents or materials concerned.

Article 12 The city`s relevant departments and the people`s government of relevant county (or city) and district shall support and cooperate with the inspection over key construction projects, and supply to the inspectors the information and materials about the inspected unit.
The Municipal Development and Planning Commission shall strengthen the mutual contact with the financial, auditing, supervising and other departments as well as the
banking institutions, inform each other of the information concerned.

Article 13 Where any problem is found by the special inspectors at inspection, they should verify the facts at the inspected unit and listen to the opinions thereof. When the inspected unit demurs, the inspectors can report to the special inspectors` office.
Where any serious problems about engineering quality, ecological environment and funds safety, or any other emergencies have been found by the inspection team in the
key construction project, the inspection team shall take necessary measures without delay and report specially to the special inspectors` office and other departments concerned, and the departments concerned shall take relevant actions according to law.

Article 14 Every time the special inspector finishes the inspection over construction project, he should submit the inspection report on time.
The content of an inspection report include: whether the construction projects comply with the examination and approval procedures; the fund uses and analysis and
evaluation of budgetary estimate control; analysis and evaluation on the inviting and submitting bid events and the progress of the project; analysis and evaluation on the management of the principal responsible person of the inspected units; existing problems in the construction and suggestions on solutions and other items required by the Development Planning Commission and by the special inspector.

Article 15 The Municipal Development Planning Commission takes charge of the approval and examination of the inspection report, reporting material matters to Hengynag Municipal People`s Government by the Commission.

Article 16 Where any serious problems that are likely to endanger the engineering safety, or to cause loss of state assets and infringe on the owner`s equity of state assets, or any other emergencies found by the special inspector in his inspection, special report should be written and submitted to the Commission without delay.

Article 17 The inspection on the construction projects by the special inspector and his assistants practices a rotation system, and the duration of their inspection over the same project is no more than 3 years.

Article 18 The challenge system shall be adopted while appointing special inspectors, so that inspectors will not be sent to inspect the construction project which they themselves ever managed or worked for, or where their close relatives are acting as the high-ranking managerial staffs of the inspected units therein.

Article 19 At the inspection, the inspectors and their assistants shall not disclose the commercial secrets of the inspected unit.

Article 20 At the inspection, the inspectors and their assistants shall not accept any gift, remuneration or welfare benefits from the inspected unit; they shall not ask for reimbursement of any expenses in the inspected unit; they shall not attend or participate in any banquet, entertainment, tour, visit at abroad and other activities arranged, organized or financially sponsored by the inspected unit; nor shall they try to obtain profit for themselves, their relatives, friends or other people.

Article 21 Special inspectors and their assistants who has made outstanding achievements in the inspection and made great contributions to maintain national interests shall be rewarded.

Article 22 In case of one of the following circumstances on the part of the special inspectors and their assistants, disciplinary punishment or organizational sanction will be given according to the seriousness of the case. For those who violate the criminal law, they shall be handed over to the law and be prosecuted for criminal responsibility according to the law:
 (1) Conceal and not to report the major problems of the inspected project or to seriously neglect their duties;
 (2) Collaborate with the inspected unit to fabricate a false inspection report;
 (3) Interfere in the normal construction activities of the inspected unit, causing to encroach its legal rights and interests;
 (4) Disclose the state secrets or commercial secrets of the inspected unit;
 (5) Violate relevant regulations on the clean and honest execution of state personnel.

Article 23 In case that the inspected unit violates relevant state laws or regulations about the management of the construction project, the Municipal Development Planning Commission has the authority to make the following settlement according to the seriousness of the case:
 (1) To issue the rectification and reform notice, ordering a rectification within specified time;
 (2) To circulate a notice of criticism;
 (3) To suggest the financial department or relevant departments a delaying supply of funds;
 (4) To suspend the construction;
 (5) To hold the approval of new projects of the same kind by relevant departments; (6) To propose to relevant functional departments a capture of illegal funds and an
auction of illegal luxury goods and other items. The captured funds and incomes from the auction will be turned over to the State Treasury.
Issues over the duties and authorities among the city’s relevant departments and people`s governments of the county (city) and district will be handed over to
relevant departments and people`s governments. Their investigation results should be fed back to the Inspectors’ Office in time.
Major decisions should be reported to and approved by the Municipal People’s Government.

Article 24 After the rectification notice having been issued by the Municipal Development Planning Commission, the Special Inspectors` Office should track and monitor the progress of rectification, and organize timely review, until the rectification aim is achieved.
Relevant counties (cities) or districts, departments and construction units should carefully carry out rectification according to the requirements of the rectification
notice.
 
Article 25 In case of one of the following circumstances on the part of the inspected unit, the departments concerned shall take disciplinary sanction against the
persons in charge who bear the direct or leading responsibility. And if the case is serious enough, members involved shall be removed from their posts. For those who
violate the criminal law, they will be transferred to judicial institutions and be prosecuted for criminal responsibility according to the law:
 (1)Activities violating the law and discipline are found in project inspection;
 (2)Refuse the inspection or prevent inspectors from performing their duties;
 (3)Refuse to provide or deliberately postpone supplying the information and materials concerned to the inspection;
 (4) Conceal or falsify the documents and materials concerned;
 (5) Other behaviors preventing the special inspector from performing their duties.

Article 26 The expenditure required each year by the inspection of the Inspectors` Office and the special inspectors is listed in the municipal special budget with reference to the methods of the state or province.
 
Article 27 These measures shall come into effect upon promulgation.

key words: planning, construction, inspection, methods, notice
 

Sponsored by Hengyang Municipal People's Government, Undertaken by Hengyang Normal University
Co-sponsored by Information Office of Hengyang Municipal People's Government Technical Support & Design:Hengyang Normal University
ICP NO:05002289