深圳经济特区政府投资项目管理条例
Regulations of Shenzhen Special Economic Zone on the Administration of Government Investment Projects
(Adopted on August 28, 2014 at the 31th Session of the Standing Committee of the 5th People’s Congress of Shenzhen Municipality, amended on January 12, 2018 at the 22th Session of the Standing Committee of the 6th People’s Congress of Shenzhen Municipality as per the Decision on Amending the Regulations of Shenzhen Special Economic Zone on the Administration of Government Investment Projects, and revised at the 5thSession of the Standing Committee of the 7th People’s Congress of Shenzhen Municipality on October 30, 2021)
Chapter One General Provisions
Article 1 These Regulations are enacted in accordance with the basic principles of the applicable laws and administrative regulations such as the Government Investment Regulations and in light of the reality of Shenzhen Special Economic Zone for the purposes of regulating the investment of the municipal government of Shenzhen, strengthening the constraints on the annual government investment plan, strengthening the management and supervision on projects under government investment, improving the effectiveness of government investment, and stimulating the vitality of social investment.
Article 2 The term of “investment of the municipal government of Shenzhen” in these Regulations refers to the use of municipal financial funds in the administrative area of Shenzhen Municipality for fixed asset investment and construction activities, including new construction, expansion, reconstruction and technological transformation.
Article 3 Government investment shall follow the principles of scientificity, standardization, efficiency, openness and moderate balance.
Article 4 Government investment funds shall be invested in projects in public fields to which the market cannot effectively allocate resources, such as the projects of social welfare services, public basic infrastructure, ecological and environmental protection, major scientific and technological progress, social management and national security, in the meantime the focus shall be laid on non-operational projects.
The municipal people’s government (hereinafter referred to as the “municipal government”) shall improve relevant policies and measures, bring into play the leading and driving role of government investment funds to encourage social capital to invest in the projects specified in the preceding paragraph.
The municipal government shall establish a mechanism to regularly assess and adjust the scope of government investment, and constantly optimize the direction and structure of government investment.
Article 5 The government investment funds shall be arranged mainly as direct investment according to project’s type. For operational projects actually in need of support, government funds shall be invested mainly by means of capital injection, and can be invested by means of investment subsidies or loan interests discount if appropriate.
Government investment funds shall be arranged in consistent with the applicable requirements of the authority division of government investment, with equal treatment to all types of investors, and without setting any discriminatory condition.
Article 6 The municipal government shall improve the government investment management mechanism in accordance with law, perform statutory duties, standardize the examination and approval process, optimize the examination and approval process, and investigate the bearing of responsibilities in accordance with law.
Article 7 The municipal development and reform department shall be the competent department for the government investment of municipal level (hereinafter referred to as the “competent municipal investment department”), be responsible for relevant work such as managing government investment comprehensively, establishing online platforms, reviewing and approving municipal-level government investments, formulating standards, making plannings and carrying them out.
Relevant departments of the municipal government shall perform their corresponding responsibilities of government investment management in accordance with the division of their functions and responsibilities.
Article 8 The Competent Municipal Investment Department shall work with relevant departments to establish and improve an online management platform system (hereinafter referred to as the “Online Platform”) covering the whole process, the whole chain and the whole life cycle of investment projects so as to popularize the innovative application of digital technology such as building information modelling, to achieve smart project management. The Online Platform shall be connected with the budget monitoring system of the People’s Congress of Shenzhen Municipality by network to achieve data sharing.
Relevant departments of the Municipal Government shall explicitly list out their plans, industrial policies and job responsibilities related to government investment, disclose the handling procedures and time limit for the examination and approval of government investment projects, and provide relevant advisory services for project units through the Online Platform. Relevant data information, such as the matters requiring examination and approval, application materials, approval documents and flow information shall be shared with the project code and on the Online Platform, except those involving national secrets.
Competent department of relevant industry such as education, health and indemnificatory housing shall bring about the integration of information projects of its industry and unify data interfaces and standards. Where it is really necessary to build an independent information technology project, such project shall be implemented in accordance with the requirements upon approval.
Article 9 Government investment shall be compatible with the economic and social development level as well as financial revenue and expenditure, giving priority to the technology and product which are safe and controllable, green and low-carbon, or can save resource.
The Municipal Government and its relevant departments shall not borrow debt to raise government investment funds in violation of laws or regulations.
Chapter Two Government Investment Decision Making
Article 10 For projects with direct investment or capital injection by the government (hereinafter collectively referred to as “Government Investment Projects”), the project proposal, feasibility study report, preliminary design and total project estimate shall be reviewed and examined for approval in proper order, except otherwise provided in Article 13 or Article 14 of these Regulations or by the State or Guangdong Province.
Project unit shall strengthen the preliminary work of government investment projects to ensure that the depth of work at all stages meets the specified requirements and shall take responsibility for the authenticity of the project proposals, feasibility study reports, preliminary designs, total project estimates and other documents that shall be attached in accordance with law.
The project unit mentioned in these Regulations refers to the unit responsible for the preparation, formulation or submission of the project proposals, feasibility study reports, preliminary designs or total project estimates.
Article 11 The project proposals, feasibility study reports and total project estimates shall be examined and approved by the Competent Municipal Investment Department, while the preliminary designs shall be reviewed or examined for approval by the department assigned by the Municipal Government.
If a government investment project has significant impact on socio-economic development or ecological environment, the project unit shall solicit opinions from the department of judicial administration, planning and natural resources, ecology and environment, and water affairs on the project proposal, which shall be submitted to the Municipal Government for approval after reviewed by the Competent Municipal Investment Department.
If a government investment project has significant impact on socio-economic development or ecological environment, involves significant public interests or has a large investment scale, publication shall be made for fully listening to the opinions of professionals and the social public.
Article 12 The Competent Municipal Investment Department shall make public the application conditions, contents and depth requirements for the project proposals, feasibility study reports and total project estimates.
Article 13 The project unit may directly submit the feasibility study report and add contents to demonstrate the necessity of the project in the said feasibility study report, if the government investment project meets any one of the following conditions:
1. Being included in the Outline of the Five-Year Plan for National Economic and Social Development of Shenzhen Municipality;
2. Being approved to carry out preliminary work by the executive meeting of the Municipal Government;
3. With a total investment of less than 50 million yuan;
4. With single construction content, small investment scale or simple technical solution such as the project of simple acquisition of equipment, decoration, building repair, bus stops, traffic safety facilities and urban lighting.
Article 14 If a project is determined by the municipal government as emergency project or special emergency project, the project unit may directly submit the preliminary design and total project estimate, and add contents to demonstrate the necessity of the project in the said total project estimates.
The specific measures for determining emergency projects and special emergency projects referred to in the preceding paragraph shall be separately developed by the Municipal Government.
Emergency rescue and disaster relief projects shall be managed in accordance with relevant provisions.
Article 15 A project unit may entrust an engineering consultancy to prepare the project proposal.
A project proposal shall provide in-depth demonstration of the necessity and basis for the construction of the project as well as preliminary analyses of the proposed location, scale and content of the project, together with other details such as auxiliary projects, investment calculations, construction and operation mode, fundraising, investment and financing mode, economic benefits and social benefits.
Article 16 A project unit may entrust an engineering consultancy to carry out project feasibility study and formulate a feasibility study report in accordance with the requirements of the approved project proposal. The Competent Municipal Investment Department may directly organize the preparation of the feasibility study report, investment and financing plan, as well as operation and maintenance program for a project with significant impact on socio-economic development or ecological environment.
A feasibility study report shall provide an all-round analysis and demonstration of whether the aspects of the project in question such as space, technology, engineering, safety, environmental impact, construction waste disposal, resource and energy conservation, auxiliary projects, operation and maintenance, investment and financing are reasonable from the whole life cycle perspective, and shall satisfy the depth requirement. .
At the feasibility study approval stage, relevant departments of the Municipal Government shall issue the examination and approval results in sequence in accordance with relevant established procedures.
Article 17 A project unit shall authorize a unit with corresponding qualification in accordance with law to carry out the preliminary design and the preparation of the total project estimate according to the approved feasibility study report.
The preliminary design shall specify the project’s construction content, construction scale, construction standards, land size, major materials, equipment specifications and technical parameters, and satisfy the depth requirements.
The total project estimate shall include all the cost estimate required for the construction of project.
Article 18 Where the total project estimate exceeds 10% of the estimate of the approved feasibility study report, the project unit shall report to the Competent Municipal Investment Department, which may require the project unit to resubmit the feasibility study report.
Article 19 The Competent Municipal Investment Department shall entrust the municipal government investment project evaluation agency to review the project proposal, feasibility study report and total project estimates, and may entrust a legal service agency for legal compliance assessment.
Article 20 The application of government investment projects that shall be examined and approved by the higher level of government in accordance with national regulations shall be handled by the Competent Municipal Investment Department in a unified manner.
Article 21 The reserve management system for government investment projects shall be implemented. Classified and dynamic management of the government investment project reserve shall be implemented. The Competent Municipal Investment Department may remove a project out of the project reserve if its construction basis or construction condition is changed significantly, or substantial progress has not been made in the earlier stage for a long time.
The specific measures for the reserve management of government investment projects shall be separately developed by the Competent Municipal Investment Department.
Article 22 For projects where government investment funds are arranged in the form of investment subsidies or loan interests discount, the project units shall handle the procedures in accordance with the applicable provisions.
Chapter Three Annual Government Investment Plan
Article 23 The Competent Municipal Investment Department shall prepare the draft annual government investment plan in accordance with relevant laws, regulations, policies, the socio-economic development goals of Shenzhen Municipality and the actual needs.
The draft annual government investment plan shall be linked to the municipal-level draft budget.
The draft annual government investment plan may arrange appropriate funds to support district governments to undertake the construction of projects arranged by important decision of the municipality. .
Article 24 The draft annual government investment plan shall include the following contents:
1. Total annual government investment;
2. Project name, project code, construction phase, construction scale, total project investment, construction cycle, annual investment amount, source of funds and construction content;
3. Projects to be arranged and funds set aside;
4. Pre-project costs;
5. Other matters that shall be listed.
Article 25 Project under continued construction may be applied for directly listed in the draft annual government investment plan.
New project shall be selected from the government investment project reserve and may not be included in the draft annual government investment plan until its total project estimates are approved in principle. The total investment of new project shall be based on the approved total project estimates.
If a project needs to be included in the draft annual government investment plan but does not meet the conditions set out in the preceding paragraphs, it may be arranged as a project to be scheduled, for with corresponding funds shall be reserved in the draft annual government investment plan.
Article 26 The Competent Municipal Investment Department shall arrange reasonable funds for carrying out the preparation and review of project proposals, feasibility study reports, preliminary design and total project estimates, and for the relevant work of major project planning and incubation, investment and financing program preparation and review, environmental impact assessment, energy conservation assessment, legal services, engineering survey, building information model preparation and review, evaluation and review, engineering and project acceptance, project post-evaluation according to the actual situation and work needs.
Article 27 The draft annual government investment plan shall be submitted to the People’s Congress of Shenzhen Municipality for review and approval after adopted by the municipal government.
The Competent Municipal Investment Department shall submit the draft annual government investment plan to relevant special committee of the People’s Congress of Shenzhen Municipality for preliminary review one month before the session. The relevant special committee of the People’s Congress of Shenzhen Municipality may put forward review opinions after taking focus review on part of projects. The Competent Municipal Investment Department shall work with relevant departments to feedback timely.
The preliminary review opinions and feedback mentioned in the preceding paragraph shall be printed and distributed to the representatives of the People’s Congress of Shenzhen Municipality.
Before approving the draft annual government investment plan, the Municipal Government may propose new government investment projects prearrangement program if necessary and submit it to the Standing Committee of the People’s Congress of Shenzhen Municipality for review and approval.
Article 28 After the draft annual government investment plan is approved by the People’s Congress of Shenzhen Municipality, the Competent Municipal Investment Department shall issue the annual government investment plan timely and deliver the copies to the relevant special committees of the People’s Congress of Shenzhen Municipality.
The annual government investment plan shall be strictly implemented and shall not be changed by any organization or individual without statutory procedures.
Article 29 Where it is indeed necessary to adjust the total annual government investment, increase or decrease the number of new projects in the process of implementing the annual government investment plan, an adjustment scheme of the annual government investment plan shall be prepared and shall be submitted by the Municipal Government to the Standing Committee of the People’s Congress of Shenzhen Municipality for review and approval.
If the adjustment of the annual government investment plan necessitates an increase in the total annual government investment, the Municipal Government shall synchronously prepare the financial budget adjustment scheme and submit it together with the adjustment scheme of the annual government investment plan to the Standing Committee of the People’s Congress of Shenzhen Municipality for review and approval.
Article 30 The annual government investment plan, the adjustment scheme of the annual government investment plan and the report on the implementation of the annual government investment plan approved by the People’s Congress of Shenzhen Municipality or the Standing Committee of the People’s Congress of Shenzhen Municipality shall be made public by the Competent Municipal Investment Department within 30 days upon the approval.
Chapter Four Implementation of Government Investment Projects
Article 31 Project unit shall select implementing unit in accordance with the approved mode of construction and operation. If a project is organized construction under the mode of unified construction of government investment or market-based commissioned construction, the projects unit shall handle project handover procedures with the implementing unit before the project construction starts and shall file for record with the Competent Municipal Investment Department within ten working days upon the handover.
For government investment project under unified construction, the construction and management unit shall carry out relevant work in accordance with the functions prescribed by the Municipal Government.
For government investment project with project legal person responsibility system, project legal person shall be established in accordance with law to be responsible for the construction, management and operation of the project.
The implementing unit mentioned in these Regulations refers to the unified management unit of government investment project, project (legal person) self-implementation unit, and market-based commissioned implementing unit.
The specific measures for project handover shall be separately developed by the Municipal Government.
Article 32 Implementing unit shall organize the implementation according to the approved construction site, scale, content and the construction and operation mode, and shall strengthen the management of the construction organization plan.
Where the construction site or construction and operation mode is to be changed, or a major change is to be made to the scale or content of construction, the implementing unit shall join hands with the project unit to submit such changes to the original approval department for review and approval in accordance with the prescribed procedures.
Article 33 A project responsibility system shall be established and perfected for government investment projects in accordance with the principle of controlling budgets and final accounts by estimates, with strict implementation of basic construction procedures. The construction of government investment projects shall comply with the construction conditions set forth in these Regulations as well as the applicable laws and regulations. It is forbidden to carry out surveying, design and construction simultaneously.
Government investment project shall not be constructed with the advance fund of construction unit.
Article 34 The construction period of government investment project shall comply with the applicable provisions and shall not be arbitrarily compressed or delayed. No unit or individual may illegally interfere.
The engineering safety facilities and pollution prevention facilities of government investment project shall be designed and constructed according to the needs of the main project and shall be put into use in accordance with law.
Article 35 Implementing unit shall, according to the approved preliminary design and total project estimate, authorize a unit with corresponding qualification to design the construction drawings or prepare the project budget.
The project budget includes the construction drawings budget and other cost budget required for the construction of project.
Article 36 If a project has not started construction for a long time due to the impact of objective factors after the total project estimate is approved, implementing unit may propose a budget adjustment plan before the start of construction and report the plan to the Competent Municipal Investment Department for review and approval.
Article 37 The amount of project construction investment, in principle, shall not exceed the amount approved by total project estimate.
Where the total project estimated cost needs to be increased during the implementation process due to policy adjustment, price increase, or major change in geological condition, implementing unit shall jointly with the project unit propose an adjustment plan and submit it to the Competent Municipal Investment Department for review and approval.
If the increased amount of the total project estimate to be adjusted reaches or surpasses five million yuan and reaches 10% of the total project estimate, the Competent Municipal Investment Department shall report such adjustment to the Municipal Government for approval.
The Competent Municipal Investment Department shall deliver to the relevant special committees of the People’s Congress of the Municipal Government the copy of the result of the adjusted project estimate specified in the preceding paragraph.
Article 38 As regarding to government investment project, the whole-process engineering consulting service may be procured by tender, while specific services such as investment consulting, survey, design, supervision, costing, and project management may be procured separately.
Article 39 The engineering, procurement and construction (hereinafter referred to as EPC) model can be adopted for project with clear construction content and mature technical scheme. Government investment project under the EPC model shall issue contract after the approval of the preliminary design or the total project estimate. If the contract requires to be issued in advance, approval shall be obtained from the Municipal Government.
Article 40 The important equipment, materials and related service items required in the construction of government investment projects shall be procured in accordance with the provisions on bidding for construction projects. The equipment belonging to the category of simple equipment acquisition shall be procured in accordance with the applicable provisions.
Article 41 The relevant departments of the Municipal Government shall, in accordance with the principles of fairness and openness, reasonably develop the document of tender bidding and procurement as well as the sample contract for government investment project and shall not set any discriminatory term.
The project unit and implementing unit shall standardize the contract text and strengthen contract management. The main terms and the substantive content of the contract signed shall be consistent with the provisions of the tender document. No contract that deviates from the substantive content of the tender document shall be signed.
The Municipal Government shall establish and perfect a contract supervision and management system and shall supervise and manage the process of conclusion, performance of contract.
Article 42 If the construction design of government investment project changes, implementing unit shall earnestly perform its principal responsibility and confirm the changes jointly with the project unit, design unit, supervision unit and construction unit.
Article 43 The management of government investment project shall be carried out without on-site verification in principle.
If on-site verification is necessary because the project content or the amount of work of government investment project is increased due to the impact of force majeure, the construction unit shall file an application and provide relevant materials. When the content or amount of work specified by the on-site verification is done, implementing unit, design unit and supervision unit shall make confirmation jointly, and may not backdate the verification. No on-site verification may be used as the basis for project settlement if it is not made according to applicable provisions.
Article 44 The municipal finance department shall make timely arrangements for the funds of the annual government investment plan and implement the centralized treasury payment system in accordance with laws, administrative regulations and the provisions of these Regulations.
Article 45 The project unit and developer shall handle the fund appropriation procedures in accordance with the financial funds management regulations and based on the annual government investment plan, project construction progress and the related economic contracts.
Article 46 Project guarantee systems, such as bid guarantee, performance guarantee, project quality assurance guarantee and guarantee for the payment of wages of migrant workers shall be implemented for government investment projects. Project guarantors may use such ways as bank guarantee, letter of guarantee of the project guarantee company and project guarantee insurance to provide guarantees for the projects.
Article 47 The acceptance of works of government investment project shall be organized in time in accordance with the applicable provisions. Developers may hire an intermediary with appropriate qualification to provide project acceptance consulting services.
Government investment project shall not be delivered for use by implementing unit if the acceptance of works fails or has not been done.
The acceptance of works mentioned in these Regulations refers to the final acceptance as well as the acceptance of specific works such as planning, fire control, environmental protection and special equipment.
Article 48 Implementing unit shall complete the preparation of the project settlement report within three months upon the acceptance of government investment project works and shall submit the report to the municipal financial review agency for review.
Implementing unit shall complete the preparation of the report on the final accounts of completion within three months upon the settlement and review of all works of the government investment project and shall submit the report to the municipal financial review agency for review.
Large-scale government investment projects may implement review mechanisms for project settlement and report on the final accounts of completion for sectional works. Where special circumstances of government investment projects make it indeed necessary to extend the period for project settlement and submission of the report on the final accounts of completion, implementing unit shall file an extension application with the Competent Municipal Investment Department. The Competent Municipal Investment Department shall decide whether to extend or not based on the actual conditions. The maximum time period for submission and review shall not exceed one year.
Article 49 The municipal financial review agency shall review the project settlement and the final accounts of completion in accordance with the provisions and shall evaluate the financial income and expenditure, tendering and bidding, project management and contract management related to the project construction.
Article 50 The project unit and implementing unit may specify in the tender documents or the contract that the review conclusions by the municipal financial review agency shall be used as the basis for payments settlement.
Article 51 The project unit and implementing unit shall apply to the Competent Municipal Investment Department for project acceptance within thirty working days upon completing the review of the report on the final accounts of completion of a government investment project. The period may be applied for extension in special circumstances.
The Competent Municipal Investment Department may entrust a corresponding municipal industry department or district government (management committee of new district) to carry out project acceptance of a project whose estimated total investment is less than 50 million yuan. The Competent Municipal Investment Department may hire a professional institution with the appropriate qualification to provide project acceptance consulting services.
The procedures, contents and standards of project acceptance shall comply with the applicable provisions of the Municipal Government.
The project acceptance mentioned in these Regulations refers to the comprehensive inspection and acceptance of the feasibility study report, preliminary design and the implementation of the total project estimates, implementation and rectification of the acceptance of works, project settlement, final accounts of completion and project trial operation.
Article 52 The municipal financial review agency and the Competent Municipal Investment Department shall deliver the copies of their respective reports on the final accounts of completion and project acceptance reports of the government investment projects to the relevant special committees of the People’s Congress of Shenzhen Municipality and the municipal audit department.
Article 53 The project unit and implementing unit shall, in principle, jointly apply to the municipal finance department for examining and approving the final accounts of completion within 30 working days upon completing the review procedures of the final accounts of completion of the government investment project. The municipal finance department may authorize the competent project department or relevant unit to review the final accounts of completion.
If the construction funds have surplus, the project unit and implementing unit shall handle relevant procedures of the surplus fund in accordance with the applicable provisions within 30 working days upon completing the review of the final accounts of completion.
Article 54 After the completion and acceptance of the project, implementing unit shall work with the project unit for the delivery of assets and registration of accounts.
Article 55 If there is fixed asset after a government investment project is completed, the project unit shall handle relevant procedures of accounting adjustment according to the approved final accounts of completion within 30 working days upon the approval of the final accounts of completion.
If there is no fixed asset after a government investment project is completed, the project unit shall handle relevant follow-up procedures in accordance with the financial management system within 30 working days upon the approval of the final accounts of completion.
Article 56 Implementing unit shall establish a leadership responsibility system and personnel post responsibility system for the archives of government investment project, and shall timely transfer project archives and digital documents to the municipal archives management agency, such as the text, drawings, audios, videos, and building information models established in the project’s whole process covering decision making, implementation and completion.
Article 57 Implementing unit and the project unit shall submit project-related information and materials in accordance with the requirements of the Competent Municipal Investment Department.
Chapter Five Supervision on Government Investment Projects
Article 58 Except for the projects involving state secrets, the Competent Municipal Investment Department and other relevant departments shall use the online platform to generate project code for handling relevant procedures and collecting relevant information.
The Competent Municipal Investment Department and other departments with supervisory and management responsibilities for government investment projects according to law shall strengthen the supervision and inspection on the implementation of government investment projects by online monitoring or on-site examination.
Developers shall regularly and faithfully report the information of government investment projects, such as start of construction, construction progress, investment completion, and construction completion through the online platform. If an implementing unit fails to report in time or reports untrue, false or incomplete information, the Competent Municipal Investment Department may inform relevant industry authorities of such situation and order the implementing unit to make correction within a specified period.
Article 59 A notification system of final accounts of project completion shall be established.
The Competent Municipal Investment Department shall supervise and urge implementing unit to handle the final accounts of project completion in a timely manner and notify the final accounts of project completion every year.
Article 60 The Standing Committee of the People’s Congress of Shenzhen Municipality shall supervise the implementation of the annual government investment plan in accordance with the law by means of hearing and deliberating special government reports, developing inquiries or questions, or organizing investigation to specific issues.
Article 61 The Municipal Government shall, at the beginning of the year, include the implementation of the government investment plan of the previous year in the draft government investment plan of the current year, and shall , in the middle of the year, report the implementation of the government investment plan in the first half of the year to the Standing Committee of the People’s Congress of Shenzhen Municipality.
The report of the implementation of the previous year’s plan shall set out the following contents: the amount of money listed in the plan issued and actually paid by the treasury , the completion of the project settlement, the completion of the final project situation, evaluation of the project after completion and problems in the implementation of the plan.
Article 62 The Competent Municipal Investment Department shall be responsible for supervising and checking the implementation of the annual government investment plan and report to the Municipal Government.
Article 63 The municipal departments of finance, planning and natural resources, ecology and environment, housing and urban-rural development shall supervise government investment projects within their respective authorities in accordance with the law.
Article 64 The Competent Municipal Investment Department shall select some of the completed government investment projects in a scientific and reasonable manner and entrust professional institutions to carry out post-completion evaluation in accordance with the applicable State regulations.
Post-completion evaluation shall be made basing on the actual effect of the project after completion, with a comprehensive evaluation of the project approval and implementation, and clear conclusion.
The result of post-completion evaluation shall be used as an important reference for relevant development planning, examination and approval, and construction management of government investment projects.
Article 65 The names of implementing unit, survey, design, construction and supervision units of a government investment project and the names of their responsible persons shall be marked on the construction site and the completed building or structure of the government investment project.
Article 66 The Municipal Government shall establish and improve the public participation system and management accountability system for government investment projects. Every organization and individual shall have the right to report to the Competent Municipal Investment Department, supervisory authorities and other departments of the illegal acts committed in the approval or construction process of government investment project.
Chapter Six Legal Liabilities
Article 67 Where a project unit violates the provisions of these Regulations and falls into anyone of the following circumstances, the Competent Municipal Investment Department shall inform the situation to relevant departments and order it to make correction within a specified time limit; and according to the specific circumstances, may suspend or stop appropriation of funds or withdraw the funds that have been appropriated, or suspend or stop the project:
1. practicing fraud to obtain approval or government investment funds, such as investment subsidies and loan interests discount;
2. changing the contents of the approved documents of government investment projects without authorization.
Under any one of the circumstances specified in the preceding paragraph, the directly responsible supervisors and other directly responsible persons shall be punished in accordance with law.
Article 68 Where a unified management unit or project (legal person) independent developer of a government investment project violates the provisions of these Regulations and falls into one of the following circumstances, the Competent Municipal Investment Department shall inform relevant departments of the situation and order corrections within a specified time limit; and may suspend the project where the circumstances are serious and the project is not completed:
1. Starting construction without approval;
2. Carrying out construction according to a construction drawing or design document which is inconsistent with the approved preliminary design on main content;
3. Changing the construction site or operation mode of the government investment project, or making major change to the scale or content of construction without authorization.
4. Breaking the limit of investment budget estimates without authorization;
5. Requiring the construction unit to pay in advance for the construction of government investment project;
6. Refusing to implement the project or failing to implement the project as scheduled without justifiable reasons;
7. Neglecting its duties and causing the waste of government investment funds;
8. Embezzling or misappropriating government investment funds;
9. Failing to transfer the whole process files of the government investment project in violation of the provisions of these Regulations;
10. Failing to handle procedures of project settlement, final accounts of completion, acceptance of works, project acceptance, asset filing, asset transfer or property rights registration of government investment project in violation of the provisions of these Regulations;
11. Practicing fraud or having big negligence in the application for funds allocation, or in submitting review materials for project settlement or final accounts of completion;
12. Committing an act which shall be ordered to be corrected within a limited time, or will cause the project to be suspended according to the provisions of laws or regulations.
Where any one of the circumstances specified in the preceding paragraph occurs, the directly responsible supervisors and other directly responsible persons shall be punished in accordance with law.
Article 69 Where a market-based commissioned construction unit falls into one of the circumstances listed in Article 68 of these Regulations, the Competent Municipal Investment Department shall order it to make correction within a specified time limit; may suspend the project where the circumstances are serious and the project is not completed; shall, in conjunction with relevant departments, include it in the poor credit records in accordance with the applicable provisions if it refuses to make corrections; shall make it bear compensation liability where damage is caused according to law.
Article 70 Where an engineering consulting agency or design unit deliberately infringes on the intellectual property rights of others, engages in falsification or commits gross negligence while preparing, or reviewing the proposal, feasibility study report, preliminary design or total project estimates of a government investment project, the Competent Municipal Investment Department shall, jointly with relevant departments, include it in the poor credit records in accordance with the applicable provisions; submit it to relevant departments to be investigated for liability in accordance with law where the circumstances are serious; make it bear compensation liability in accordance with law where damage is caused.
Article 71 Where a construction unit of a government investment project defaults in the payment of wages, engages in falsification, delays settlement or commits gross negligence during the construction, project settlement or warranty process, the Competent Municipal Investment Department shall, jointly with relevant departments, include it in the poor credit records in accordance with the applicable provisions; where the circumstances are serious, the matter shall be submitted to relevant departments to be investigated and handled according to law; where damage is caused, the said unit shall assume the liability for compensation in accordance with law.
Article 72 Where the municipal department of investment, finance, planning and natural resources, ecology and environment, or housing and urban-rural development, the preliminary design approval department or the staff member abuses his power, fails to perform his duty, plays favoritism, or commits irregularity in the annual government investment plan management, project approval management, construction management or supervision work, the directly responsible supervisors and other directly responsible people shall be punished in accordance with law.
Article 73 Where the project unit, developer, engineering consulting agency, design unit, construction unit and other units violate the provisions of these Regulations and shall bear legal responsibility in accordance with other applicable laws and regulations, in addition to applying the provisions of this chapter, the provisions of other applicable laws and regulations shall also apply.
Chapter Seven Supplementary Provisions
Article 74 The information of government investment projects shall be disclosed and made public in accordance with law.
Article 75 District people’s government (including the management committee of new district) may develop specific measures for the management of district government investment projects in light of the actual situation of its district referring to these Regulations.
Article 76 The management of government investment projects in Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone shall be carried out in accordance with the applicable provisions of the Municipal Government.
Article 77 These Regulations shall enter into force on November 1, 2021.
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