Measures for the Supervision and Management of Investment Projects within the Central Budget
Measures for the Supervision and Management of Investment Projects within the Central Budget
Measures for the Supervision and Management of Investment Projects within the Central Budget
Order of the National Development and Reform Commission of the People's Republic of China No.10
December 29, 2023
The Measures for the Supervision and Management of Investment Projects within the Central Budget, reviewed and adopted at the 7th executive meeting on December 26, 2023, are hereby announced for implementation as of February 1, 2024.
Zheng Shanjie, Director
Measures for the Supervision and Management of Investment Projects within the Central Budget
Chapter I General Provisions
Article 1 The Measures are formulated to strengthen the supervision and management of investment projects within the central budget, standardize project implementation and fund use, and ensure and improve the comprehensive benefits of investment within the central budget in accordance with the Regulations on Government Investment and other relevant regulations.
Article 2 The Measures shall apply to the supervision and management of fixed asset investment projects to be supported by investment within the central budget as arranged by the National Development and Reform Commission (the "NDRC").
For the purpose of the Measures, "supervision and management" refers to the daily management, monitoring and scheduling, supervision and inspection and post-evaluation by the relevant entities of the construction and implementation of investment projects within the central budget, and the assignment, break-down, arrangement and use of funds for the corresponding annual plan of investment within the central budget (hereinafter referred to as "investment plan").
Article 3 The supervision and management of investment projects within the central budget (hereinafter referred to as "investment projects") shall meet the requirements on full life cycle management for investment projects and adhere to the principles of compliance with laws and regulations, consistent powers and responsibilities, openness and transparency, pragmatism and efficiency.
Article 4 The NDRC is responsible for guiding and coordinating the supervision and management of investment projects, promoting the establishment of a sound supervision and management system featuring a clear division of labor, respective responsibilities, vertical and horizontal linkage, and efficient coordination, and urging the relevant local government authorities and agencies to fulfill their supervision and management responsibilities, promote the effective implementation of investment projects and the standardized execution of investment plans, and promote the maximization of the comprehensive benefits of investment within the central budget.
Article 5 The competent industry departments of the State Council that approve investment projects or fund application reports, or are receipts of the corresponding investment plans, or release investment plans jointly with others or countersign investment plans shall perform industry supervision and management responsibilities for investment projects in their industries or fields.
Article 6 Local commissions of development and reform and relevant competent industry departments at all levels shall, according to the division of duties, perform the territorial supervision and management responsibilities for investment projects, establish and perfect the relevant supervision and management working mechanisms, and organize daily dispatch, online monitoring, and supervision and inspection of investment projects in their regions.
Article 7 The central authorities to which investment plans are directly assigned shall have primary supervision and management responsibilities for the investment projects undertaken by themselves and the authorities affiliated to them, institutions directly affiliated to them or their branches at all levels, and shall assume the corresponding supervision and management responsibilities mainly in respect of whether the relevant projects use investment within the central budget in a standardized manner and comply with the relevant provisions on construction and implementation, etc.
For the purpose of the Measures, “central authorities” refer to central departments and their local offices, departments under their vertical management, public institutions affiliated to them, enterprise groups specifically designated in the State plan and centrally administered enterprises.
Article 8 The NDRC s
hall guide all relevant supervision and management departments and authorities to conduct full life cycle supervision and management of investment projects through the national online approval and supervision platform for investment projects (National Major Construction Projects Database), and establish a supervision and law enforcement information sharing mechanism, and strengthen the coordination of supervision and inspection work to avoid repeated inspections and reduce the burden on the grass-root organizations.
For confidential investment projects, supervision and management shall be strengthened with the support of the National Major Construction Projects Database (government affairs intranet system). If the conditions are not met temporarily, it is necessary to use the offline software of the National Major Construction Projects Database to fill in data, or employ appropriate methods to strengthen daily supervision and management subject to the confidentiality requirements.
Article 9 The NDRC shall strengthen the use and application of the results of the supervision and management of investment projects, and establish and perfect the reward, punishment, and incentive mechanism for investment within the central budget. For places where there were many problems in the construction and implementation of investment projects or in the implementation of the corresponding investment plans in the previous year, or where there were many problems raised in the audit and the related problems were serious, the scale of investment support within the central budget shall be deducted as appropriate. For places where investment projects were under effective construction management and the corresponding investment plans were effectively implemented in the previous year, incentives shall be provided in such ways as supervision and inspection incentives, circulation of a notice of commendation, and increased investment support within the central budget.
Chapter II Daily Management
Article 10 When approving a project or fund application report, the NDRC shall determine the amount of investment to be arranged within the central budget, and release an investment plan at one time or in stages based on the project implementation and fund arrangement.
Investment plans shall be classified according to the way they are released, including investment plans that are directly arranged for specific projects and investment plans that are released on a bundled and segmented basis. In principle, investment plans shall be released on a project-by-project basis.
Article 11 For investment plans that are directly assigned to specific projects, the NDRC shall specify the project owner (legal person) and organization in charge of daily supervision of each project when issuing the plans, and put forward clear requirements for the supervision and management work of provincial commissions of development and reform, the relevant competent industry departments, Central authorities, and so on. The commissions of development and reform at provincial level shall forward and release the investment plans within ten working days after receiving them.
Article 12 For investment plans that are released on a bundled and segmented basis, the NDRC shall, within 20 working days after receiving the document, urge the provincial commissions of development and reform or the relevant departments to break down the investment plans into specific projects via the national online approval and supervision platform for investment projects (National Major Construction Projects Database), urge project owners (legal persons) to implement their primary responsibilities, and intensify the regulatory responsibilities of industry departments and local commissions of development and reform at all levels, to promote the standardized and orderly implementation of investment projects.
Article 13 The NDRC shall strengthen the supervision and inspection of investment projects through the national online approval and supervision platform for investment projects (National Major Construction Projects Database), and dynamically track the forwarding, decomposition and execution of the corresponding investment plans to procure that projects are constructed in a standardized and orderly manner and completed on schedule and exert benefits.
Article 14 The project owner (legal person) shall strictly fulfill the primary responsibility for the daily management of the execution of the investment project and the corresponding investment plan, including:
(1) it shall truthfully report the project construction progress and organize the project construction in accordance with the prescribed construction content, scale, standards, and construction period;
(2) if there is a significant reduction in the budget estimate or total investment amount of an investment project, it shall report the same in a timely manner in accordance with the procedures, and the NDRC or the provincial commission of development and reform shall adjust the relevant contents of the investment plan as appropriate in accordance with the relevant regulations, and conduct simultaneous research on the corresponding project or fund application report approval for adjustment; among them, if there are major changes to the project construction content, construction scale, etc., the project change procedures must be completed in accordance with the law;
(3) it shall use investment within the central budget in accordance with the relevant requirements in a standardized and reasonable manner, achieve separate accounting, and use the funds for specific purposes;
(4) it shall submit project information and progress data in a timely, accurate, and complete manner through the national online approval and supervision platform for investment projects (National Major Construction Projects Database) in accordance with the relevant regulations;
(5) it shall consciously accept the supervision, inspection, evaluation, and guidance from the relevant regulatory authorities (organizations), conscientiously rectify the problems raised by the regulatory departments as required, and report the rectification situation in accordance with regulations; and
(6) other requirements stipulated by laws, administrative regulations, and the State.
Article 15 The organization in charge of daily project supervision is in principle directly accountable for the investment project, that is, the higher-level organization that exercises management responsibilities for the financial or human affairs of the project owner (legal person).
......
Order of the National Development and Reform Commission of the People's Republic of China No.10
December 29, 2023
The Measures for the Supervision and Management of Investment Projects within the Central Budget, reviewed and adopted at the 7th executive meeting on December 26, 2023, are hereby announced for implementation as of February 1, 2024.
Zheng Shanjie, Director
Measures for the Supervision and Management of Investment Projects within the Central Budget
Chapter I General Provisions
Article 1 The Measures are formulated to strengthen the supervision and management of investment projects within the central budget, standardize project implementation and fund use, and ensure and improve the comprehensive benefits of investment within the central budget in accordance with the Regulations on Government Investment and other relevant regulations.
Article 2 The Measures shall apply to the supervision and management of fixed asset investment projects to be supported by investment within the central budget as arranged by the National Development and Reform Commission (the "NDRC").
For the purpose of the Measures, "supervision and management" refers to the daily management, monitoring and scheduling, supervision and inspection and post-evaluation by the relevant entities of the construction and implementation of investment projects within the central budget, and the assignment, break-down, arrangement and use of funds for the corresponding annual plan of investment within the central budget (hereinafter referred to as "investment plan").
Article 3 The supervision and management of investment projects within the central budget (hereinafter referred to as "investment projects") shall meet the requirements on full life cycle management for investment projects and adhere to the principles of compliance with laws and regulations, consistent powers and responsibilities, openness and transparency, pragmatism and efficiency.
Article 4 The NDRC is responsible for guiding and coordinating the supervision and management of investment projects, promoting the establishment of a sound supervision and management system featuring a clear division of labor, respective responsibilities, vertical and horizontal linkage, and efficient coordination, and urging the relevant local government authorities and agencies to fulfill their supervision and management responsibilities, promote the effective implementation of investment projects and the standardized execution of investment plans, and promote the maximization of the comprehensive benefits of investment within the central budget.
Article 5 The competent industry departments of the State Council that approve investment projects or fund application reports, or are receipts of the corresponding investment plans, or release investment plans jointly with others or countersign investment plans shall perform industry supervision and management responsibilities for investment projects in their industries or fields.
Article 6 Local commissions of development and reform and relevant competent industry departments at all levels shall, according to the division of duties, perform the territorial supervision and management responsibilities for investment projects, establish and perfect the relevant supervision and management working mechanisms, and organize daily dispatch, online monitoring, and supervision and inspection of investment projects in their regions.
Article 7 The central authorities to which investment plans are directly assigned shall have primary supervision and management responsibilities for the investment projects undertaken by themselves and the authorities affiliated to them, institutions directly affiliated to them or their branches at all levels, and shall assume the corresponding supervision and management responsibilities mainly in respect of whether the relevant projects use investment within the central budget in a standardized manner and comply with the relevant provisions on construction and implementation, etc.
For the purpose of the Measures, “central authorities” refer to central departments and their local offices, departments under their vertical management, public institutions affiliated to them, enterprise groups specifically designated in the State plan and centrally administered enterprises.
Article 8 The NDRC s
hall guide all relevant supervision and management departments and authorities to conduct full life cycle supervision and management of investment projects through the national online approval and supervision platform for investment projects (National Major Construction Projects Database), and establish a supervision and law enforcement information sharing mechanism, and strengthen the coordination of supervision and inspection work to avoid repeated inspections and reduce the burden on the grass-root organizations.
For confidential investment projects, supervision and management shall be strengthened with the support of the National Major Construction Projects Database (government affairs intranet system). If the conditions are not met temporarily, it is necessary to use the offline software of the National Major Construction Projects Database to fill in data, or employ appropriate methods to strengthen daily supervision and management subject to the confidentiality requirements.
Article 9 The NDRC shall strengthen the use and application of the results of the supervision and management of investment projects, and establish and perfect the reward, punishment, and incentive mechanism for investment within the central budget. For places where there were many problems in the construction and implementation of investment projects or in the implementation of the corresponding investment plans in the previous year, or where there were many problems raised in the audit and the related problems were serious, the scale of investment support within the central budget shall be deducted as appropriate. For places where investment projects were under effective construction management and the corresponding investment plans were effectively implemented in the previous year, incentives shall be provided in such ways as supervision and inspection incentives, circulation of a notice of commendation, and increased investment support within the central budget.
Chapter II Daily Management
Article 10 When approving a project or fund application report, the NDRC shall determine the amount of investment to be arranged within the central budget, and release an investment plan at one time or in stages based on the project implementation and fund arrangement.
Investment plans shall be classified according to the way they are released, including investment plans that are directly arranged for specific projects and investment plans that are released on a bundled and segmented basis. In principle, investment plans shall be released on a project-by-project basis.
Article 11 For investment plans that are directly assigned to specific projects, the NDRC shall specify the project owner (legal person) and organization in charge of daily supervision of each project when issuing the plans, and put forward clear requirements for the supervision and management work of provincial commissions of development and reform, the relevant competent industry departments, Central authorities, and so on. The commissions of development and reform at provincial level shall forward and release the investment plans within ten working days after receiving them.
Article 12 For investment plans that are released on a bundled and segmented basis, the NDRC shall, within 20 working days after receiving the document, urge the provincial commissions of development and reform or the relevant departments to break down the investment plans into specific projects via the national online approval and supervision platform for investment projects (National Major Construction Projects Database), urge project owners (legal persons) to implement their primary responsibilities, and intensify the regulatory responsibilities of industry departments and local commissions of development and reform at all levels, to promote the standardized and orderly implementation of investment projects.
Article 13 The NDRC shall strengthen the supervision and inspection of investment projects through the national online approval and supervision platform for investment projects (National Major Construction Projects Database), and dynamically track the forwarding, decomposition and execution of the corresponding investment plans to procure that projects are constructed in a standardized and orderly manner and completed on schedule and exert benefits.
Article 14 The project owner (legal person) shall strictly fulfill the primary responsibility for the daily management of the execution of the investment project and the corresponding investment plan, including:
(1) it shall truthfully report the project construction progress and organize the project construction in accordance with the prescribed construction content, scale, standards, and construction period;
(2) if there is a significant reduction in the budget estimate or total investment amount of an investment project, it shall report the same in a timely manner in accordance with the procedures, and the NDRC or the provincial commission of development and reform shall adjust the relevant contents of the investment plan as appropriate in accordance with the relevant regulations, and conduct simultaneous research on the corresponding project or fund application report approval for adjustment; among them, if there are major changes to the project construction content, construction scale, etc., the project change procedures must be completed in accordance with the law;
(3) it shall use investment within the central budget in accordance with the relevant requirements in a standardized and reasonable manner, achieve separate accounting, and use the funds for specific purposes;
(4) it shall submit project information and progress data in a timely, accurate, and complete manner through the national online approval and supervision platform for investment projects (National Major Construction Projects Database) in accordance with the relevant regulations;
(5) it shall consciously accept the supervision, inspection, evaluation, and guidance from the relevant regulatory authorities (organizations), conscientiously rectify the problems raised by the regulatory departments as required, and report the rectification situation in accordance with regulations; and
(6) other requirements stipulated by laws, administrative regulations, and the State.
Article 15 The organization in charge of daily project supervision is in principle directly accountable for the investment project, that is, the higher-level organization that exercises management responsibilities for the financial or human affairs of the project owner (legal person).
......