Order of the State Council of the People's Republic of China No. 712
The index number:
000014349 / 2019-00044
National Economic Management, State-owned Assets Supervision \ Others
Date of writing:
April 14, 2019
Government investment regulations
Send text number:
National Order No. 712
May 05, 2019
Decree of the State Council of the People's Republic of China
The "Government Investment Regulations" have been adopted by the 33rd executive meeting of the State Council on December 5, 2018, and are now promulgated, effective July 1, 2019.
April 14, 2019
Government investment regulations
Chapter I General Provisions
为了充分发挥政府投资作用，提高政府投资效益，规范政府投资行为，激发社会投资活力，制定本条例。 Article 1 These Regulations are formulated in order to give full play to the role of government investment, improve the efficiency of government investment, regulate government investment behavior, and stimulate the vitality of social investment.
本条例所称政府投资，是指在中国境内使用预算安排的资金进行固定资产投资建设活动，包括新建、扩建、改建、技术改造等。 Article 2 " Government investment" as mentioned in these Regulations refers to the use of budgeted funds in China to carry out fixed asset investment and construction activities, including new construction, expansion, reconstruction, and technological transformation.
政府投资资金应当投向市场不能有效配置资源的社会公益服务、公共基础设施、农业农村、生态环境保护、重大科技进步、社会管理、国家安全等公共领域的项目，以非经营性项目为主。 Article 3: Government investment funds should be invested in public welfare projects, public infrastructure, agriculture and rural areas, ecological environment protection, major scientific and technological progress, social management, national security and other public domain projects that cannot effectively allocate resources in the market. Non-operating projects are used as the Lord.
The state perfects relevant policies and measures, gives play to the guidance and leading role of government investment funds, and encourages social funds to invest in the areas 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.
政府投资应当遵循科学决策、规范管理、注重绩效、公开透明的原则。 Article 4 Government investment shall follow the principles of scientific decision-making, standardized management, performance-oriented, and transparency.
政府投资应当与经济社会发展水平和财政收支状况相适应。 Article 5 Government investment shall be compatible with the level of economic and social development and the state of fiscal revenue and expenditure.
The state strengthens budget constraints on government investment funds. The government and its related departments must not borrow debts to raise government investment funds in violation of laws and regulations.
政府投资资金按项目安排，以直接投资方式为主；对确需支持的经营性项目，主要采取资本金注入方式，也可以适当采取投资补助、贷款贴息等方式。 Article 6 Government investment funds are arranged according to projects, and direct investment is the main method. For operational projects that really need to be supported, capital injection is mainly used, and investment subsidies and loan discounts may also be adopted as appropriate.
Arrangement of government investment funds shall meet the relevant requirements for advancing the reform of the division of fiscal authority and expenditure responsibilities between the central and local governments, and treat all types of investment subjects equally without setting discriminatory conditions.
The state strengthens its reserves for projects that use government investment funds by establishing project libraries.
国务院投资主管部门依照本条例和国务院的规定，履行政府投资综合管理职责。 Article 7 The competent investment department of the State Council shall, in accordance with these Regulations and the provisions of the State Council, perform the duties of comprehensive government investment management. Other relevant departments of the State Council shall, in accordance with these Regulations and the division of responsibilities stipulated by the State Council, perform corresponding government investment management duties.
The investment department and other relevant departments of the local people's government at or above the county level shall perform the corresponding government investment management duties in accordance with the division of responsibilities specified in these regulations and the people's government at the corresponding level.
Chapter II Government Investment Decisions
县级以上人民政府应当根据国民经济和社会发展规划、中期财政规划和国家宏观调控政策，结合财政收支状况，统筹安排使用政府投资资金的项目，规范使用各类政府投资资金。 Article 8 The people's governments at or above the county level shall, in accordance with the national economic and social development plan, the medium-term financial plan, and the national macro-control policies, make arrangements for the use of government investment funds in a coordinated manner, and regulate the use of various government investment funds.
政府采取直接投资方式、资本金注入方式投资的项目（以下统称政府投资项目），项目单位应当编制项目建议书、可行性研究报告、初步设计，按照政府投资管理权限和规定的程序，报投资主管部门或者其他有关部门审批。 Article 9 For projects invested by the government in the form of direct investment and capital injection (hereinafter collectively referred to as government investment projects), the project unit shall prepare project proposals, feasibility studies, and preliminary designs, in accordance with government investment management authority and prescribed procedures, Report to the investment authority or other relevant departments for approval.
The project unit shall strengthen the preliminary work of the government-invested project, ensure that the depth of the preliminary work meets the required requirements, and be responsible for the authenticity of the project proposal, feasibility study report, preliminary design, and other documents that should be attached in accordance with the law.
除涉及国家秘密的项目外，投资主管部门和其他有关部门应当通过投资项目在线审批监管平台（以下简称在线平台），使用在线平台生成的项目代码办理政府投资项目审批手续。 Article 10 Except for projects involving state secrets, the investment authority and other relevant departments shall go through the online examination and approval platform for investment projects (hereinafter referred to as the online platform) and use the project code generated by the online platform to go through the examination and approval procedures for government investment projects.
The competent investment department and other relevant departments shall list the planning and industrial policies related to government investment through online platforms, publicize the process and time limit for the approval of government investment projects, and provide relevant consulting services for project units.
投资主管部门或者其他有关部门应当根据国民经济和社会发展规划、相关领域专项规划、产业政策等，从下列方面对政府投资项目进行审查，作出是否批准的决定： Article 11 The competent investment department or other relevant departments shall, in accordance with the national economic and social development plan, the special plans for related fields, and industrial policies, review the government investment projects from the following aspects and decide whether to approve them:
(1) the necessity of project construction proposed in the project proposal;
(2) the implementation of the major economic and technical feasibility, social benefits, and project funding of the project analyzed in the feasibility study report;
(3) Whether the preliminary design and the proposed investment estimates meet the requirements of the feasibility study report and the relevant national standards and specifications;
(4) Other matters that should be reviewed in accordance with laws, administrative regulations and relevant state regulations.
If the competent investment department or other relevant departments do not approve a government investment project, they shall notify the project unit in writing and explain the reasons.
Government investment projects that have a significant impact on economic and social development, social public interest, or large-scale investment, should be approved by the investment authority or other relevant departments based on the evaluation of intermediary service agencies, public participation, expert evaluation, and risk assessment. Decide.
经投资主管部门或者其他有关部门核定的投资概算是控制政府投资项目总投资的依据。 Article 12 The investment estimate approved by the investment authority or other relevant departments is the basis for controlling the total investment of government investment projects.
If the investment estimate submitted by the preliminary design exceeds the investment estimate provided by the approved feasibility study report, the project unit shall report to the investment authority or other relevant departments, and the investment authority or other relevant departments may require the project unit to resubmit the feasible Sex research report.
对下列政府投资项目，可以按照国家有关规定简化需要报批的文件和审批程序： Article 13 For the following government investment projects, the documents and approval procedures that need to be approved may be simplified in accordance with relevant state regulations:
(1) Projects that have been identified in relevant plans;
(2) Partial expansion and reconstruction projects;
(3) Construction of a project with a single content, a small investment scale, and a simple technical scheme;
(4) Projects that require urgent construction in response to emergencies such as natural disasters, accidents, public health events, and social security events.
The specific scope of the items listed in the third paragraph of the preceding paragraph shall be determined by the investment department of the State Council in conjunction with other relevant departments of the State Council.
采取投资补助、贷款贴息等方式安排政府投资资金的，项目单位应当按照国家有关规定办理手续。 Article 14 Where government investment funds are arranged by means of investment subsidies, discounted loans, etc., the project unit shall go through the formalities in accordance with relevant state regulations.
Chapter III Annual Investment Plan of the Government
国务院投资主管部门对其负责安排的政府投资编制政府投资年度计划，国务院其他有关部门对其负责安排的本行业、本领域的政府投资编制政府投资年度计划。 Article 15 The State Council's investment authority compiles annual government investment plans for the government investments it arranges, and other relevant departments of the State Council compile annual government investment plans for government investments in this industry and field that it is responsible for.
Relevant departments of local people's governments at or above the county level compile annual government investment plans in accordance with the regulations of the people's governments at the corresponding levels.
政府投资年度计划应当明确项目名称、建设内容及规模、建设工期、项目总投资、年度投资额及资金来源等事项。 Article 16 The annual government investment plan shall specify such matters as the project name, construction content and scale, construction period, total project investment, annual investment amount, and source of funds.
列入政府投资年度计划的项目应当符合下列条件： Article 17 Items included in the annual government investment plan shall meet the following conditions:
(1) In the case of direct investment or capital injection, the feasibility study report has been approved or the investment estimate has been approved;
(2) Where investment subsidies and loan discount interest are adopted, the procedures have been completed in accordance with relevant state regulations;
(3) Other conditions stipulated by relevant departments of the people's governments at or above the county level.
政府投资年度计划应当和本级预算相衔接。 Article 18 The annual government investment plan shall be linked to the budget at the same level.
财政部门应当根据经批准的预算，按照法律、行政法规和国库管理的有关规定，及时、足额办理政府投资资金拨付。 Article 19 The financial department shall, in accordance with the approved budget and in accordance with the laws, administrative regulations and relevant provisions of the state treasury management, handle the allocation of government investment funds in a timely and sufficient manner.
Chapter IV Implementation of Government Investment Projects
政府投资项目开工建设，应当符合本条例和有关法律、行政法规规定的建设条件；不符合规定的建设条件的，不得开工建设。 Article 20 The construction of a government-invested project shall comply with the construction conditions stipulated in these Regulations and relevant laws and administrative regulations; if the construction conditions are not met, construction shall not be started.
For major government investment projects where the State Council stipulates that the construction report should be examined and approved, construction can only begin after the approval procedures for the construction report have been completed in accordance with the regulations.
政府投资项目应当按照投资主管部门或者其他有关部门批准的建设地点、建设规模和建设内容实施；拟变更建设地点或者拟对建设规模、建设内容等作较大变更的，应当按照规定的程序报原审批部门审批。 Article 21 Government investment projects shall be implemented in accordance with the construction site, construction scale and construction content approved by the investment authority or other relevant departments; if the construction site is planned to be changed or the construction scale and construction content are to be changed substantially, it shall be implemented in accordance with The prescribed procedures are reported to the original approval department for approval.
政府投资项目所需资金应当按照国家有关规定确保落实到位。 Article 22 The funds required for government investment projects shall be ensured in accordance with relevant state regulations.
Government investment projects shall not be funded by construction units.
政府投资项目建设投资原则上不得超过经核定的投资概算。 Article 23 In principle, the investment in the construction of government investment projects shall not exceed the approved investment budget estimate.
If it is really necessary to increase investment estimates due to national policy adjustments, price increases, major changes in geological conditions, etc., the project unit should propose adjustment plans and funding sources, and report to the original preliminary design approval department or investment budget verification department for approval in accordance with prescribed procedures; Budget adjustments or adjustments shall be handled in accordance with budget laws, administrative regulations and relevant state regulations.
政府投资项目应当按照国家有关规定合理确定并严格执行建设工期，任何单位和个人不得非法干预。 Article 24 Government investment projects shall reasonably determine and strictly implement the construction period in accordance with relevant state regulations, and no unit or individual may illegally interfere.
政府投资项目建成后，应当按照国家有关规定进行竣工验收，并在竣工验收合格后及时办理竣工财务决算。 Article 25 After the government-invested project is completed, it shall be subject to completion acceptance in accordance with relevant state regulations, and shall complete the final financial accounts in a timely manner after the completion acceptance has passed.
The financial funds of government investment projects shall be returned to the state treasury in accordance with relevant state regulations.
投资主管部门或者其他有关部门应当按照国家有关规定选择有代表性的已建成政府投资项目，委托中介服务机构对所选项目进行后评价。 Article 26 The competent investment department or other relevant departments shall select representative completed government investment projects in accordance with relevant state regulations, and entrust intermediary service agencies to conduct post-evaluation of the selected projects. The post-evaluation should be based on the actual results after the project is completed, and carry out a comprehensive evaluation of the project approval and implementation and put forward clear opinions.
Chapter V Supervision and Management
投资主管部门和依法对政府投资项目负有监督管理职责的其他部门应当采取在线监测、现场核查等方式，加强对政府投资项目实施情况的监督检查。 Article 27 The competent investment department and other departments that have the responsibility for supervision and management of government investment projects according to law shall adopt online monitoring, on-site verification and other methods to strengthen the supervision and inspection of the implementation of government investment projects.
The project unit shall truthfully report the basic information of the construction, construction progress and completion of the government-invested project through the online platform.
投资主管部门和依法对政府投资项目负有监督管理职责的其他部门应当建立政府投资项目信息共享机制，通过在线平台实现信息共享。 Article 28 The competent investment department and other departments that have the responsibility for supervision and management of government investment projects according to law shall establish government investment project information sharing mechanisms and realize information sharing through online platforms.
项目单位应当按照国家有关规定加强政府投资项目档案管理，将项目审批和实施过程中的有关文件、资料存档备查。 Article 29 The project unit shall strengthen the management of the archives of government investment projects in accordance with the relevant state regulations, and archive relevant documents and materials in the process of project approval and implementation for reference.
政府投资年度计划、政府投资项目审批和实施以及监督检查的信息应当依法公开。 Article 30 Information on the annual government investment plan, the approval and implementation of government investment projects, and information on supervision and inspection shall be made public in accordance with law.
政府投资项目的绩效管理、建设工程质量管理、安全生产管理等事项，依照有关法律、行政法规和国家有关规定执行。 Article 31 Matters such as performance management of government-invested projects, quality management of construction projects, and management of production safety shall be implemented in accordance with relevant laws, administrative regulations and relevant state regulations.
Chapter VI Legal Liability
有下列情形之一的，责令改正，对负有责任的领导人员和直接责任人员依法给予处分： Article 32 Under any of the following circumstances, he shall be ordered to make corrections, and the leaders and persons directly responsible shall be punished according to law:
(1) Examining and approving government investment projects beyond the examination and approval authority;
(2) approval of government investment projects that do not meet the requirements;
(3) Investment estimates for government investment projects that have not been approved or adjusted in accordance with regulations;
(4) Arranging government investment funds such as investment subsidies and loan discounts for non-compliant projects;
(5) Other cases of neglect of duties, abuse of power, and malpractice for the benefit of government investment management duties.
有下列情形之一的，依照有关预算的法律、行政法规和国家有关规定追究法律责任： Article 33 In any of the following circumstances, legal liabilities shall be investigated in accordance with budget laws, administrative regulations and relevant state regulations:
(1) The government and its related departments have borrowed debts to raise government investment funds in violation of laws and regulations;
(2) failing to handle the allocation of government investment funds in a timely and full manner in accordance with regulations;
(3) Transfer, embezzle, or misappropriate government investment funds.
项目单位有下列情形之一的，责令改正，根据具体情况，暂停、停止拨付资金或者收回已拨付的资金，暂停或者停止建设活动，对负有责任的领导人员和直接责任人员依法给予处分： Article 34 If the project unit has any of the following circumstances, it shall be ordered to make corrections, depending on the specific circumstances, to suspend or stop the appropriation of funds or to recover the funds allocated, to suspend or stop construction activities, to the responsible leaders and directly responsible persons Sanctions according to law:
(1) Start construction of government investment projects without approval or without meeting the required construction conditions;
(2) fraudulently obtaining government investment funds such as the approval of government investment projects, investment subsidies, and loan discounts;
(3) changing the construction site of a government-invested project without approval or making major changes to the scale and content of construction;
(4) Unauthorized increase of investment estimates;
(5) requiring the construction unit to advance the construction of government-invested projects;
(6) The government investment projects that have been approved are not implemented without proper reasons or in accordance with the construction period.
项目单位未按照规定将政府投资项目审批和实施过程中的有关文件、资料存档备查，或者转移、隐匿、篡改、毁弃项目有关文件、资料的，责令改正，对负有责任的领导人员和直接责任人员依法给予处分。 Article 35 If the project unit fails to archive the relevant documents and materials in the process of examination and approval of the government-invested project in accordance with the regulations, or transfers, conceals, tampers with, or destroys the relevant documents and materials of the project, it shall be ordered to make corrections and shall be held responsible. Leaders and persons directly responsible shall be punished according to law.
违反本条例规定，构成犯罪的，依法追究刑事责任。 Article 36 Whoever violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
国防科技工业领域政府投资的管理办法，由国务院国防科技工业管理部门根据本条例规定的原则另行制定。 Article 37 Measures for the administration of government investment in the field of national defense science, technology, and industry shall be separately formulated by the State Council ’s administrative department for national defense, science, technology, and industry in accordance with the principles laid down in these regulations.
中国人民解放军和中国人民武装警察部队的固定资产投资管理，按照中央军事委员会的规定执行。 Article 38 The fixed assets investment management of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be implemented in accordance with the provisions of the Central Military Commission.
本条例自2019年7月1日起施行。 Article 39 These Regulations shall become effective on July 1, 2019.