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

onstruction funds shall, within a month after registration of title, be turned over to the Municipal Financial Agency.

　　Chapter V Supervision of Governmental Investment Projects

　　Article 36 The Standing Committee of the Municipal People’s Congress shall exercise supervision over the execution of plans of governmental inv

estment projects according to law.

　　It is the right of the Standing Committee of the Municipal People’s Congress to organize specific investigations of significant items in governmental investment projects, in which the agencies, units or individuals concerned shall actually reflect information and provide necessary data.

　　Article 37 The Municipal People's Government shall report to the Municipal People’s Congress or its Standing Committee about the execution of the plans for governmental investment projects at least twice within a year.

　　Article 38 The Competent Municipal Planning Agency shall be responsible for the supervision and examination of the execution of plans of governmental investment projects, and report to the municipal government and the relevant special committees of the Municipal People’s Congress about the execution of plans.

　　The relevant municipal agencies shall exercise supervision and examination of governmental investment projects within their limits of authorities.

　　Article 39 The People's Government may appoint special check commissioners to check independently the construction process of the significant governmental investment construction projects according to relevant regulations.

　　Article 40 The Municipal Auditing Agency shall exercise auditing supervision over the execution and final accounting of governmental investment projects according to law.

　　Any audit made by auditing agencies on completion final accounts of governmental investment projects shall be binding to construction units, design units and units in charge of construction.

　　Article 41 Names of legal persons of projects or names of construction, reconnoitering, supervision units, units in charge of construction and names of persons reliable of governmental investment projects shall be published on the construction sites when under construction and at conspicuous places of buildings or fixtures after construction.

　　Telephone numbers for tip-off shall be set up and made known to the public by relevant municipal agencies. It is the right of any unit, individual or news agency to report or prosecute all illegal acts that occur in the course of examination and approval and under construction of governmental investment projects. Those shall be rewarded who are meritorious in report or prosecution.

　　Chapter VI Legal Responsibility

　　Article 42 Any construction unit who violates any of the following provisions shall be ordered to make corrections within the specified time limit and prosecuted for the administrative liability of the personnel in charge and personnel directly liable; if the circumstances are serious, the offender shall be removed from office and forbidden to be in charge of the administration of any governmental investment projects within three years; if the offence constitutes a crime, the offender shall be prosecuted for his criminal liability according to law.

　　(1) Starting construction without authorization;

　　(2) Raising construction standard or extending scope of investment without authorization;

　　(3) Organizing tenders not according to law;

　　(4) Transferring or invading or embezzling funds for construction;

　　(5) Making available for use without completion acceptance or with unqualified completion; and

　　(6) Other acts seriously in violation of these regulations and other laws and regulations.

　　Article 43 Any advisory institution who, in the course of advisory assessment of written recommendation, reports of feasibility study and initial design of projects, practices fraud or makes absolutely inadequate assessment conclusion shall, according to the seriousness of the circumstances, be criticized by circulating a notice and forbidden to undertake any advisory assessment of governmental investment projects within 3 years; the offender shall be liable for the damages if

there is any loss, or prosecuted for his criminal liability according to law if the offence constitutes a crime.

　　Article 44 Any relevant governmental agency who commits any of the following acts shall be ordered to make corrections within the time limited and prosecuted for the administrative liability of the chief personnel in charge and personnel directly liable; if the offence constitutes a crime, the offender shall be prosecuted for his criminal liability according to law.

　　(1) Having illegally approved reports of feasibility study or design documents;

　　(2) Having illegally approved commencement report;

　　(3) Having illegally appropriated funds for construction; and

　　(4) Other acts seriously in violation of these regulations and other relevant laws and regulations.

　　Article 45 Any leader of the relevant competent agency of the People's Government, who orders or authorizes other agencies to violate construction procedures in these regulations, or illegally interferes with decision making of governmental investment projects, shall be prosecuted for his administrative liability; if the offence constitutes a crime, the offender shall be prosecuted for his criminal liability according to law.

　　Article 46 In case any serious quality accidents occur in governmental investment projects, besides the investigation of the liability on the part of the construction, reconnoitering and supervision units, units in charge of construction, their legal representatives and personnel directly liable, the relevant administrative leaders shall be prosecuted for administrative liability in examination and approval, execution of construction procedures, appointment of cadres and supervisory control over construction of projects; if the offence constitutes a crime, the offender shall be prosecuted for his criminal liability according to law.

　　Article 47 Anyone working in the government office who, in the course of the construction of governmental investment projects, abuses his power of office, neglects his duties, practices irregularities for personal gains, takes bribes shall be confiscated of his illegal gains and investigated for his administrative liability according to law; if the offence constitutes a crime, the offender shall be prosecuted for his criminal liability according to law.

　　Chapter VII Supplementary Provisions

　　Article 48 The detailed implementation measures are to be formulated by the Municipal People's Government in accordance with these regulations.

　　Article 49 The implementation of governmental investment projects of people's governments of all districts and towns of Shenzhen Municipality shall refer to these regulations.

　　Article 50 These regulations shall take effect as of July 1, 2000

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/