深圳市政府投资项目管理条例 Administrative Regulations of Shenzhen Municipality

深圳市人大常委会公告第105号
颁布日期：20000404 　实施日期：20000701 　颁布单位：深圳市人大常委会

　　on Governmental Investment Projects

　　(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

　　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.

　　Article 2 These regulations shall be applicable to the administration of the governmental investment projects at the level of Shenzhen Municipality.

　　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.

　　Article 3 All governmental investment projects shall be constructed in accordance with approved plans.

　　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.

　　Any governmental investment shall be made in compliance with the principle of keeping expenditures below income and maintaining comprehensive balance.

　　Any governmental investment shall emphatically invest in fundamental and public projects.

　　Article 4 The construction of the investment projects of the government shall abide by the following principles:

　　(1) Strictly perform the procedure of capital construction. Reconnoitering, design and construction in the same time shall be prohibited;

　　(2) Stick to the principle of budgetary estimate controlling budget, and budget controlling final accounts;

　　(3) Establish improved responsibility system for quality of projects and responsibility system for supervision of projects to ensure quality of projects; and

　　(4) Other responsibility system of legal persons for projects according to these regulations

　　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.

　　Chapter II Establishment of Governmental Investment Projects

　　Article 6 All governmental investment projects shall not be constructed before the application for the establishment of projects being approved.

　　The following documents shall be required for application for the establishment of projects.

　　(1) Application;

　　(2) Recommendation of projects; and

　　(3) Other documentary materials required by the competent municipal planning agency.

　　Article 7 Any recommendation of projects shall include the following contents:

　　(1) Necessity and basis of construction of projects;

　　(2) Planned place, scale of construction, estimated investment and tentative plans for fund financing;

　　(3) Initial analyses of economic benefit a

nd social results; and

　　(4) Other items.

　　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.

　　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.

　　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.

　　Article 9 After the application for the establishment of projects approved, a construction unit shall undertake the following work in the given order:

　　(1) Feasibility study;

　　(2) Initial design; and

　　(3) Working out general budgetary estimate of projects.

　　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.

　　If it is necessary, the Competent Municipal Planning Agency shall arrange necessary outlay for work as stipulated in Paragraph 1 of this Article.

　　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.

　　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.

　　The reports of feasibility study once completed shall be presented by construction units to the competent municipal planning agency for examination and approval.

　　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.

　　Any initial design shall be subject to the approval of the relevant agencies as stipulated by the Municipal People's Government.

　　Article 12 All expenditures required by construction projects shall be included in general budgetary estimate of projects.

　　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.

　　Article 13 Written recommendations of projects, reports of feasibility study and initial design shall go through advisory assessment, otherwise they shall not be approved.

　　The detailed advisory measures are to be prescribed by the Municipal People's Government.

　　Chapter III Plans for Governmental Investment Projects

　　Article 14 All plans for governmental investment projects shall include the following contents:

　　(1) Gross amount of annual governmental investment;

　　(2) Names of newly started projects, scale of construction, gross amount of investment, construction period, amount of annual investment and contents of construction;

　　(3) Names of projects for continuous construction, annual amount of investment and contents of proposals;

　　(4) Planned governmental investment funds at earlier stages; and

　　(5) Other necessary conditions needed statement.

　　All plans of governmental investm

ent projects shall be completed working out before the start of the plan of the following year.

　　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.

　　Article 16 Fund requirements for continuous construction of projects shall be first of all ensured in plans of governmental investment projects.

　　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.

　　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.

　　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 start

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