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

ed projects if necessary for presentation to the Standing Committee of the Municipal People’s Congress for examination and approval.

　　If there is any adjustment of annual investment for the approved projects in the light of the practical requirements of the construction projects, the Competent Municipal Planning Agency shall, after soliciting opinions from the relevant agencies, work out adjustment plans for the approval of this municipality, but the accumulated funds appropriated to the projects shall not exceed the total investment as stipulated in the plans.

　　Article 20 Once having been approved, any plan for governmental investment projects shall take legal effect for strict enforcement. Any unit or individual shall not alter the plan without authorization and through legal proceedings.

　　Chapter IV Administration of Establishment of Governmental Investment Projects

　　Article 21 The Competent Municipal Planning Agency shall, after the approval of the plans for government investment projects, issue timely the investment plans to all the construction units and notify their competent agencies of trades and professions.

　　All construction units shall authorize design units to work out working drawings and budget for projects strictly in compliance with the issued investment plans, the approved initial design and general budgetary estimate of projects.

　　Any budget of working drawings and other expenditures needed during construction of projects shall be included in the budget of projects.

　　Article 22 Any design of working drawings shall be subject to the approval of the agencies as stipulated by the people's government; any budget of projects shall be examined and approved by the auditing agencies (hereinafter referred to as the "Municipal Investment Auditing Agencies") before submitted to the Competent Municipal Planning Agency.

　　Any budget of projects shall not be beyond the approved total investment of projects. Compulsory excess shall be subject to the approval of the Competent Municipal Planning Agency, but any projects whose investment exceeds 20% of the total investment and RMB 50,000,000

shall be reported to the Standing Committee of the Municipal People’s Congress for examination and approval.

　　Article 23 As for the construction of the projects in which responsibility system of legal persons are required according to the relevant regulations, legal persons of projects, who shall be responsible for the construction, administration and management of projects at construction units, are to be formed according to law.

　　A legal representative of a project may not hold concurrent posts of leadership at any administrative institutions.

　　The detailed measures on the implementation of responsibility system of legal persons for projects are to be specifically stipulated by the municipal government.

　　Article 24 In the projects for which it is inappropriate to apply the responsibility system of legal persons, the construction institutions for the construction of governmental investment projects established by the municipal government shall, after the plans have been issued, be their construction units, who shall undertake the preparatory works and organize construction.

　　Article 25 Invitation to bid and bidding shall be held for the reconnoitering, design, construction and supervision of the governmental investment projects according to law. No projects without holding invitation to bid and bidding according to law may be approved to be designed or started construction.

　　Article 26 Contracts shall be concluded according to law on the reconnoitering, design, construction and supervision of construction projects.

　　A performance guarantee system shall be applied to governmental investment projects. All units of reconnoitering, design, construction and supervision shall, as soon as contracts have been concluded, present letters of performance guarantee of a certain amount of bonds provided by banks to construction units under contracts. Any transfer of contract or illicit subcontract of projects shall be prohibited.

　　Article 27 A system of approval of commencement report shall be applied to governmental investment projects. Any commencement report shall be approved by the Competent Municipal Planning Agency. The following requirements shall be satisfied for commencement of projects:

　　(1) Legal persons of projects having been set up or persons liable for projects having been confirmed, administrative personnel of projects having reached construction sites and rules and regulations on the management of projects having been formulated;

　　(2) Working drawings having been approved and budget of projects checked and ratified;

　　(3) Units in charge of construction and supervision units having been determined and contracts for undertaking construction and supervision contracts concluded;

　　(4) Principal part of projects construction preparatory work of control projects having been completed to meet requirements of continuous construction; and

　　(5) Other requirements as stipulated in laws and administrative rules or regulations.

　　The persons liable for projects in the Item 1 of the preceding paragraph shall mean the persons who are designated by governmental project construction institutions reliable for construction of specific projects.

　　Any compulsory advance commencement of projects due to some urgent circumstances for those who have not met the requirements as stipulated in the second item of the second paragraph of this Article shall, upon examination of projects by the competent municipal planning agency, be reported to the Municipal People's Government for approval.

　　Any construction units may not organize construction unless reports of commencement of projects have been approved.

　　Article 28 The municipal financial agencies shall appropriate funds for construction by stages according to the progress rate of construction of projects under the annual plans of governmental investm

ent projects.

　　Special funds of governmental investment projects shall be used for a special purpose, for which the municipal financial agencies shall exercise control and supervision over financial activities in governmental investment projects.

　　Article 29 A direct payment system shall be applied to any construction funds.

　　All construction units shall, with approved application of the establishment of projects, issued investment plans, relevant documents, contracts on reconnoitering, construction, supervision, etc and application for appropriated funds signed by personnel in charge of construction units, go through payment procedures in municipal financial agencies, who shall directly pay the construction funds to units of reconnoitering, design, supervision, etc, or directly appropriate the construction funds to legal persons of projects for which legal persons are formed according to law.

　　The detailed measures on direct payment are to be formulated by the Municipal People's Government.

　　Article 30 A non-spot attestation control system shall be applied to governmental investment projects, but any increase to content and quantity of projects due to special circumstances arising not on the part of units in charge of construction may be attested on the construction sites. Any construction units shall advance the non-spot attestation for which the relevant documents or materials shall be provided, but in case any attestation of content and quantity of projects occurs, it shall be jointly affirmed by units of construction, design and supervision and municipal investment auditing institutions. Any overdue attestation shall be held invalid.

　　Article 31 Any equipment needed in governmental investment projects shall be purchased in accordance with the Regulations of Shenzhen Special Economic Zone on Governmental Procurement.

　　Article 32 Any governmental investment projects shall be constructed strictly according to the approved design documents. Any necessary changes in design shall, upon approval and revision of design units, be reported by construction units to the original ratification authorities for examination and approval.

　　Any addition to the total investment of projects due to changes of design or other causes shall be decided pursuant to the second paragraph of Article 22 of these regulations.

　　Article 33 After the completion of governmental investment projects according to the approved design documents, the settlement, final accounts, completion and acceptance of projects shall be finished within 6 months unless otherwise specifically provided by law.

　　All settlement and final accounts of completion of projects shall be checked by the municipal investment auditing agency, who shall provide opinions on checkup within 45 days after receipt of all the necessary documents and materials.

　　Article 34 The governmental investment projects shall be handled with registration of title.

　　The municipal financial agency is responsible for the title registration. All construction units shall apply for title registration within 30 days after completion final accounts have been worked out and upon checkup of the Municipal Investment Auditing Institutions.

　　Any project without registration of title may not be made available for use.

　　Article 35 All construction units shall go through procedures of the handover of assets with end users timely after title registration, excluding the projects to which responsibility system of legal persons has been applied.

　　Any balance of c

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