(1) Construction projects such as office buildings of organs and people's organizations;
(two) scientific research, education, culture, health, sports, civil affairs and other social undertakings;
(three) environmental protection, municipal facilities, ecological management and other construction projects. Article 5 Non-operating government investment projects with a total investment of more than RMB100000 and government investment accounting for more than 70% of the total investment shall be implemented on an agent basis. However, projects involving national security and state secrets are excluded.
Encourage non-operating government investment projects below the standards specified in the preceding paragraph to implement the agent construction system.
Construction projects (hereinafter referred to as construction projects) investment standards need to be adjusted, drawn up by the development and reform of the autonomous region and the financial sector, and reported to the people's government of the autonomous region for approval before promulgation and implementation. Article 6 The development and reform department shall be responsible for the organization, implementation, guidance, coordination, supervision and management of government-invested construction projects at the corresponding level. The financial department is responsible for the supervision and management of the use of funds for construction projects invested by the government at the corresponding level.
Supervision, auditing, construction and other relevant departments are responsible for the supervision and management of the implementation activities of the agent construction project. Seventh construction cost standards shall be determined by the financial and price departments.
The standard of construction fee shall be made public. Chapter II Project Supervision Article 8 The development and reform department shall perform the following duties:
(a) to study and formulate the construction project management system;
(two) review the construction plan and draft the text of the construction contract;
(three) in conjunction with the supervisory organs and project users to determine the construction unit and project supervision unit;
(four) signed a construction contract with the project construction unit and project users;
(five) to check the engineering quality, safety, progress, scale, standards and the use of funds of the agent construction project, and to coordinate the major issues in the project construction;
(six) to organize the completion and acceptance of construction projects. Ninth development and reform departments should criticize and correct the illegal behavior of the project agent in the process of project construction, if the circumstances are serious, suspend the execution of the agent contract.
Audit institutions shall conduct follow-up audits on the allocation and use of construction project funds, regularly announce the use of construction project funds, and announce the final audit results after the audit.
Construction administrative departments shall supervise and inspect the qualifications of engineering construction units and engineering supervision units, as well as the implementation of engineering seismic fortification standards, engineering quality and safety, and promptly investigate and deal with illegal acts.
Supervisory organs shall supervise the administrative organs that perform the duties of supervision and management of construction projects, other state organs related to construction projects, organizations authorized by laws and regulations to manage public affairs and their staff. Article 10 The administrative departments of development, reform and construction shall supervise and inspect the construction projects in accordance with the law, and shall not ask for or accept the property of the relevant units or seek other interests. Eleventh any unit or individual has the right to report violations of law and discipline in the implementation of construction projects.
The functional department that receives the report shall immediately investigate and deal with it according to law, and feed back the results to the informant, and may announce the results to the public. Chapter III Project Agent Construction Article 12 A project agent construction unit shall meet the following conditions:
(1) Having the qualification of an independent enterprise as a legal person;
(2) Having the qualification of engineering consulting or engineering design, engineering supervision, real estate development and general contracting for construction projects as agents;
(3) Having corresponding economic strength;
(four) with project construction management experience and good reputation. Thirteenth project construction units and project supervision units shall be determined by bidding or comparison.
The determination of project construction units and project supervision units shall follow the principles of openness, fairness and impartiality. Fourteenth development and reform departments and project construction units, project users, project construction units and project supervision units shall sign contracts according to law to clarify the rights and obligations of all parties. Fifteenth project construction units shall comply with the following provisions:
(a) to provide performance guarantee for the construction project in the form of cash or bank guarantee, and the amount of performance guarantee is 30%-50% of the construction service fee. The specific performance guarantee method and amount are agreed in the construction contract;
(two) the unit or subordinate units shall not undertake survey, construction, supervision, installation, equipment and material supply in the construction project;
(three) to organize the bidding for project survey, design, construction and equipment and materials procurement according to law, and report the bidding situation in writing to the development and reform and financial departments;
(four) according to the law for construction permits and other engineering construction procedures;
(five) to urge the engineering supervision units and construction enterprises to perform the safety construction and quality supervision duties of the agent construction project;
(six) according to the construction progress and capital demand of the agent construction project, put forward the plan for the use of funds to the financial department;
(seven) regularly submit the progress of construction projects and the use of funds to the development and reform, financial departments and project units;
(eight) to sort out and compile the relevant technical data of the completed agent construction project, and go through the formalities of asset delivery to the project users;
(nine) shall not transfer the winning agent construction project to others;
(ten) shall not collude with the survey, design, construction, supervision, equipment and materials supply and project users to seek illegitimate interests or harm the national interests and social public interests.
The performance bond specified in the first paragraph of the preceding paragraph shall be collected and managed by the development and reform department, and no unit or individual may misappropriate it.