Chapter 1 General Provisions Article 1 In order to give full play to the role of government investment, improve the efficiency of government investment, standardize government investment behavior, and stimulate the vitality of social investment, these regulations are formulated. Article 2 The term “government investment” as mentioned in these Regulations refers to the use of funds allocated by the budget for fixed asset investment and construction activities within China, including new construction, expansion, reconstruction, technological transformation, etc. Article 3 Government investment funds shall be invested in projects in social welfare services, public infrastructure, agriculture and rural areas, ecological environment protection, major scientific and technological progress, social management, national security and other public fields where the market cannot effectively allocate resources. Mainly non-operating projects.
The state shall improve relevant policies and measures, give full play to the guiding and driving role of government investment funds, and encourage social funds to invest in the fields specified in the preceding paragraph.
The state has established a regular evaluation and adjustment mechanism for the scope of government investment to continuously optimize the direction and structure of government investment. Article 4 Government investment shall follow the principles of scientific decision-making, standardized management, emphasis on performance, and openness and transparency. Article 5 Government investment shall be commensurate with the level of economic and social development and fiscal revenue and expenditure.
The state strengthens budget constraints on government investment funds. The government and its relevant departments shall not borrow debt in violation of laws and regulations to raise government investment funds. Article 6 Government investment funds are arranged according to projects, mainly in the form of direct investment; for operating projects that really need support, capital injection is mainly used, and investment subsidies, loan interest discounts, etc. may also be appropriately adopted.
The arrangement of government investment funds should comply with the relevant requirements for promoting the reform of the division of financial powers and expenditure responsibilities between the central and local governments, and treat all types of investment entities equally, without setting discriminatory conditions.
The state strengthens reserves for projects using government investment funds through the establishment of project libraries and other methods. Article 7 The investment department of the State Council shall perform the comprehensive management duties of government investment in accordance with these Regulations and the provisions of the State Council. Other relevant departments of the State Council shall perform corresponding government investment management responsibilities in accordance with these Regulations and the division of responsibilities stipulated by the State Council.
The investment departments and other relevant departments of the local people's governments at or above the county level shall perform corresponding government investment management responsibilities in accordance with these regulations and the division of responsibilities specified by the people's governments at the same level. Chapter 2 Government Investment Decision-making Article 8 The people's governments at or above the county level shall, in accordance with the national economic and social development plan, medium-term financial plan and national macro-control policies, and in conjunction with the fiscal revenue and expenditure status, make overall arrangements for projects using government investment funds, and standardize the use of various Government investment funds. Article 9 For projects invested by the government through direct investment or capital injection (hereinafter collectively referred to as government investment projects), the project unit shall prepare a project proposal, feasibility study report, and preliminary design, and follow the government investment management authority and prescribed procedures. Submit to the investment authority or other relevant departments for approval.
The project unit shall strengthen the preliminary work of the government investment project, ensure that the depth of the preliminary work reaches the prescribed requirements, and review the project proposal, feasibility study report, preliminary design and other documents that should be attached in accordance with the law. Responsible for authenticity. Article 10 Except for projects involving state secrets, the investment authorities and other relevant departments shall handle the approval procedures for government investment projects through the online investment project approval and supervision platform (hereinafter referred to as the online platform) and use the project codes generated by the online platform.
The investment authorities and other relevant departments should list plans, industrial policies, etc. related to government investment through online platforms, disclose the procedures and time limits for government investment project approval, and provide project units with relevant consultation service. Article 11 The investment department or other relevant departments shall review government investment projects from the following aspects and make a decision on whether to approve them based on the national economic and social development plan, special plans in relevant fields, industrial policies, etc.:
< p>(1) The necessity of project construction proposed in the project proposal;(2) The technical and economic feasibility, social benefits and implementation of main construction conditions such as project funds analyzed in the feasibility study report situation;
(3) Whether the preliminary design and the proposed investment budget comply with the approval of the feasibility study report and the requirements of relevant national standards and specifications;
(4) In accordance with the laws and administrative regulations Other matters that should be reviewed in accordance with laws and regulations and relevant national provisions.
If the investment department or other relevant departments disapprove a government investment project, they shall notify the project unit in writing and explain the reasons.
For government investment projects that have a significant impact on economic and social development and social public interests or have a large investment scale, the investment department or other relevant departments shall conduct evaluation, public participation, expert review, and risk assessment through intermediary service agencies. A decision is made on whether to approve or not. Article 12 The investment budget approved by the investment department or other relevant departments is the basis for controlling the total investment in government investment projects.
If the investment estimate proposed in the preliminary design exceeds the investment estimate proposed in the approved feasibility study report by 10%, the project unit shall report to the investment department or other relevant departments, and the investment department or other relevant departments may The project unit is required to resubmit the feasibility study report.