Order of Wuhan Municipal People’s Government
No. 256
It is hereby promulgated that the Measures of Wuhan Municipality for the Inspection of Major Construction Projects have been adopted at the 104thExecutive Meeting of Wuhan Municipal People’s Government on September 10, 2014, and shall be implemented as of December 1, 2014.
Mayor: Tang Liangzhi
October 11, 2014
Measures of Wuhan Municipality for the Inspection of Major Construction Projects
Article 1 With a view to strengthening the supervision and administration of major construction projects, standardizing the inspection work for major construction projects, ensuring the project quality and investment security, and improving the investment efficiency, these Measures are formulated in accordance with the Measures for the Inspection of Major State Construction Projects (G.B.F. [2000] No. 54) and other relevant provisions, and in the light of the actual situation of this Municipality.
Article 2 These Measures are applicable to the inspection of major construction projects within the administrative areas of this Municipality.
Article 3 Major construction projects as mentioned in these Measures include:
(1) construction projects using fiscal funds or involving relatively huge amount of government financing;
(2) construction projects of municipal infrastructure and public utilities which involve a relatively heavy investment and are related to public interests and security;
(3) other construction projects in need of inspection as determined by the Municipal People’s Government or the people’s governments at the district level (including the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same below).
The specific standard for the huge amount of government financing and the relatively heavy investment as prescribed in the preceding paragraph shall be determined and promulgated to the public by the municipal competent administrative department of development and reform based on the economic and social development status of this Municipality.
Article 4 The municipal competent administrative department of development and reform shall be responsible for organizing and administering the inspection work for major construction projects at the municipal level. The competent administrative departments of development and reform at the district level shall be responsible for organizing and administering the inspection work for major construction projects at the district level, and shall accept the professional guidance from the municipal competent administrative department of development and reform.
The inspection agencies for major construction projects (hereinafter referred to as the inspection agencies) shall be responsible for the training, dispatch and routine management of inspectors and their assistants, and for coordinating the relationship between inspectors and relevant units during inspection.
Article 5 The Municipal People’s Government and the people’s governments at the district level shall incorporate the funds needed for the inspection of major construction projects into the fiscal budget at the corresponding levels.
It is prohibited to charge or charge in a disguised form any fee from inspected units in the process of inspection of major construction projects.
Article 6 The competent administrative departments of development and reform shall, jointly with the relevant departments of finance, audit and so on, establish a departmental collaboration mechanism, learn from each other in work achievements and circulate relevant conditions, and may, if necessary, carry out joint inspection so as to avoid unnecessary repeated inspections.
Article 7 An inspector responsibility system is practiced for the inspection of major construction projects. Inspectors are provided with assistants to assist in their work, and both are appointed or dismissed by the competent administrative departments of development and reform.
The competent administrative departments of development and reform shalladmitfunctionaries of relevant government departments during the designation of inspectors and their assistants.
Article 8 Inspectors and their assistants shall meet the following requirements:
(1) understanding and observing relevant laws and regulations;
(2) sticking to principles, being honest and self-disciplined, faithfully performing their duties; and
(3) grasping the professional knowledge on project construction and management, and being capable of comprehensive analysis and judgment.
Article 9 Inspectors exercise independent inspection according to law, and no unit or individual may refuse or obstruct the inspection.
Inspector assistants shall, under the leadership of inspectors, be responsible for the routine work including investigation, evidence and information collection, and drafting.
Article 10 An avoidance system is practiced in the dispatch of inspectors and their assistants. It is prohibited to dispatch them to the units which were under their administration, or where they worked, or where their immediate relatives are holding the positions of senior executives.
A periodic rotation system is practiced in project inspection. The inspection term of an inspector and his/her assistant over a construction project is generally not more than two years.
Article 11 The main inspection contents of major construction projects include:
(1) fulfillment of the legal formalities for examination and approval;
(2) tendering and bidding;
(3) practice of the project quality management system and the project safety management measures;
(4) fund use and budget estimate control;
(5) final acceptance, assets liquidation and delivery, and document filing;
(6) practice of the control measures for construction capacity, works, standard and progress;
(7) yield of expected return on investment or social benefits;
(8) implementation of expropriation compensation and environmental protection policies, and major violation of laws and rules such as damage of the public interests or dereliction of duty; and
(9) other matters that need inspection.
Article 12 The following procedures may be gone through during the inspection of major construction projects:
(1) listening to the reports of inspected units on construction projects, and attending their meetings about inspection matters;
(2) checking the finance reports, accounting documents, accounting books and other financial and accounting data as well as other relevant materials related to the construction projects of inspected units;
(3) inspecting the project sites and other related places, investigating and verifying the information concerning tendering and bidding, construction works, project quality and progress, safety management measures and so on;
(4) verifying the financial conditions of inspected units, acquiring information and soliciting opinions from their employees, and if necessary, requiring inspected units or relevant personnel to provide written statements regarding relevant matters;
(5) investigating the information related to inspection matters and obtaining relevant documents from relevant departments of finance, audit and construction as well as financial institutions;
(6) carrying out extended inspection on survey, design, construction, supervision and other relevant project participants and verifying relevant matters based on the detected problems; and
(7) other procedures as prescribed by laws, regulations and rules.
Article 13 The competent administrative departments of development and reform may, as required by the inspection work, invite experts of finance, engineering and law and in other fields to participate in the inspection work.
Article 14 The competent administrative departments of development and reform shall, based on the working requirements of the people’s governments at the corresponding levels and the superior departments, combining the investment priority and the supervision and inspection work plans of the departments of audit and finance, compile the annual inspection work plans for major construction projects and organize their implementation. The annual inspection work plans are subject to change based on the actual situation.
Article 15 During the inspection of major construction projects, inspection of the whole process, or sampling or real-time inspection are optional depending on the specific circumstances.
Article 16 A competent administrative department of development and reform shall deliver an inspection notice to an inspected unit three days before inspection of a major construction project. In an exceptional circumstance, an inspector may carry out an inspection directly on the strength of an inspection notice.
Article 17 After receiving an inspection notice, an inspected unit shall truthfully provide the documents, contracts, agreements, statements and other materials and information related to its construction project without delay, refusal,misrepresentation, or concealing.
The other relevant units and individuals shall support the inspection work and provide an inspector with the relevant information and materials of an inspected unit.
Article 18 An inspector shall make a written record truthfully in the process of his/her inspection, with the signatures of persons-in-charge and the official seals of an inspected unit. Whoever refuses to sign or affix an official seal to an inspection record shall be put on record by an inspector.
If an inspected unit considers that there is any omission or error in an inspection record, it has the right to apply for supplement or correction. Any failure of supplement or correction shall be put on record by an inspector.
Article 19 An inspector who has discovered an emergency of an inspected unit that may endanger the project quality or damage the rights and interests of state assets owners, or that requires immediate report, shall report it promptly to a competent administrative department of development and reform, and the latter shall, jointly with the relevant departments, take effective measures immediately.
Article 20 An inspector shall, within 15 working days after ending the inspection of a major construction project, submit his/her inspection report to a competent administrative department of development and reform. If an extension of the time limit is necessary due to a complicated circumstance, an inspector may submit his/her inspection report within an extension of 15 working days upon the consent of a competent administrative department of development and reform.
Article 21 An inspector shall, before submission, deliver his/her inspection report to the inspected unit to solicit its opinions. An inspected unit who disagrees to an inspection report shall raise its objection to an inspector, and the latter shall verify the dispute, and if the objection istenable, shall amend his/her inspection report promptly.
An inspector shall submit his/her inspection report together with the opinions of an inspected unit to a competent administrative department of development and reform. The latter shall, based on the inspection report, issue an inspection comment to the inspected unit and send the copies to the relevant departments. With regard to any major problem related to a construction project proposed in an inspection report, a competent administrative department of development and reform shall report it to the people’s government at the corresponding level.
Article 22 Inspection reports may be a reference basis for the performance appraisal of the State-owned enterprises and institutions, as well as a reference basis of relevant departments for inspected units’ qualification evaluation or their bidding evaluation under government- invested projects and other construction projects in the administrative areas of this Municipality.
Article 23 If an inspected unit violates the provisions on the administration of construction projects, a competent administrative department of development and reform shall make the following punishment based on the seriousness of the circumstances:
(1) interviewing with the person-in-charge ofthe inspected unit;
(2) circulating a notice of criticism;
(3) issuing a rectification notice and ordering to make rectifications within a prescribed time limit;
(4) recovering investment or suspending the allocation of investment, and suspending the use of investment that have been allocated;
(5) suspending project construction; or
(6) restricting the inspected unit in participating in other construction projects invested by the governments.
A competent administrative department of development and reform shall deliver the copies of a punishment decision to a supervisory department and other relevant departments. A matter under the jurisdiction of other relevant departments or districts shall be transferred by a competent administrative department of development and reform to the related units for their punishment according to law; and the latter shall report the punishment results to the competent administrative department of development and reform. Where laws and regulations provide otherwise, such provisions shall prevail.
Where an inspected unit is unsatisfied with a punishment decision described in Items (3) to (6) of the first paragraph of this Article, it may apply for administrative re-consideration or bring an administrative suit according to law.
Article 24 An inspected unit shall, as required in a rectification notice, make rectifications on the existing problems within the prescribed time limit, and report its rectifications to the competent administrative department of development and reform within a prescribed time limit. The competent administrative department of development and reform shall recheck the rectifications if necessary.
Article 25 Where an inspected unit refuses to cooperate in or obstruct an inspector’s work performed according to law, the responsibilities of relevant responsible persons shall be investigated or they shall be given administrative sanctions. If a crime is constituted, criminal responsibilities shall be investigated according to law.
Article 26 Where inspectors or their assistants abuse their power, neglect their duties or engage in malpractice for personal gains, the responsibilities of relevant responsible persons shall be investigated or they shall be given administrative sanctions. If a crime is constituted, criminal responsibilities shall be investigated according to law.
Article 27 The municipal competent administrative department of development and reform may formulate the rules for implementation in accordance with these Measures.
Article 28 These Measures shall come into force as of December 1, 2014.
