"Non-governmental investment project funds signed construction contracts, according to the Ministry of Finance, Ministry of Construction, the National Development and Reform Commission, Ministry of Finance, the People's Bank of China four ministries and commissions, correctly distinguish BT in order to further standardize the management of BT investment and financing modes, investment and financing modes do not comply with the capital construction and construction units, the government has recently issued a "Notice" to strengthen and standardize the management of government investment projects BT financing construction, mainly for the implementation of the BT mode of scope and conditions, approval procedures, rights and obligations of the parties, bidding, repurchase conditions and procedures as well as supervision and management of the six proposed regulatory measures.
The State Council's decision on the reform of the investment system, as the implementation of the city's investment and financing system continues to deepen, in the transfer of the basic features of the financing-build-BT (Build-Transfer) investment and financing model (hereinafter referred to as the BT model) more and more attention and adoption, and to mobilize the participation of non-government funds in the construction of government-invested projects, to promote a number of major infrastructure projects ahead of schedule. implementation has played an important role. However, due to the implementation of the BT model is a short period of time, little experience, in a wide range of unknown, the rights and obligations of both parties are not clear, poor supervision and management problems. In order to further strengthen and standardize the BT mode project management, is the current matters notified as follows:
Strict application of the scope and conditions of the implementation of the BT mode to finance the construction of our ability. Government investment projects, the implementation of the BT mode of city and regional (county) people's government's decision to adopt an authorized project owner, through a tender to select the investment and financing (hereinafter referred to as the financier), through the establishment of the project owner of the financier of the BT mode of project company (hereinafter referred to as the "project company") construction project. The financing must be protected as a project's own funds and long-term financing capacity building, counter-guarantees, shall not be engaged in the project, the project owner to repurchase the source of funds for future benefits approved by the government departments, according to the contract by the project owner to pay the repurchase price of the repurchase plan, the completion of the project.
The use of BT mode should be measured? , the project must be in line with the city's economic and social development plan, district (county), belonging to the government should bear the public **** welfare, infrastructure projects, and into the government's financial resources (including government investment in the main financial) of the dynamic balance in order to ensure that the project repurchase of funds to pay to put an end to delinquent project payments principle, the total investment in the project for the government to adopt the BT mode of more than 50 million yuan, after the completion of the project Two years or so, completed the buyback.
Two, standardize the approval of the BT mode project, and improve decision-making, decision-making mechanism for the implementation of the BT mode project must be in accordance with the Chongqing Municipal Government Investment Project Management Measures "of the feasibility of BT financing requirements to improve the decision-making mechanism and decision-making procedures. BT mode implementation of the project, the project owner in the project feasibility study report prepared by the BT financing construction program, combined with the approval of a special chapter. BT financing construction program should include the following: BT financing construction content, scope, quantity, financiers should have the conditions and capabilities, rights and obligations of the parties; project funding, quality, progress monitoring measures; buyback conditions and procedures; project construction cost analysis; buyback of the source of funds, according to the government funds for the construction of the plan, the BT-financed construction projects in the municipal (county) people's approval of the batch in the district. Dynamic balance of authority. Total investment of 2 million yuan, the municipal government to invest in the capital construction program approved by the Municipal Development and Reform Commission, the Municipal Finance Bureau, the Municipal Construction Commission and the management, the municipal government approval, a total investment of more than 2 million yuan; district (county Ministry of Development and Reform) level of government investment in BT-financed construction projects by the District (County) combined with the financing, construction and project management departments to approve the project, including approval of the adoption of the repurchase of the government's financial difficulties And large-scale projects reported to the district (county). Unapproved projects may not use the BT mode. Project owners BT financing construction projects approved by the organization is strictly enforced and shall not be changed at will, do need to change, must be submitted by the original approval department.
Standardize the behavior of engineering contracting, strict BT mode project bidding system, strict implementation of the bidding system. Financiers do need to realize the invitation to bid or not bidding through the tender, the project owner should choose the BT financing construction program should be justified and provide the appropriate basis. Feasibility study of the bidding project combined with clear approval. After the approval of the preliminary design and investment budget of the project, the bidding should be carried out to select the financier. The project owner's financing ability, financing, construction and management ability and performance reputation are strictly required. The total price of the BT contract, the rest of the construction funds to provide medium-term and long-term loan commitment letter or financial institutions above the provincial level issued not less than 35% of the funds to invest in the project's own funds. Independent legal persons, respectively, have different financing and management advantages, can form a consortium to undertake construction project financing, the signing of the consortium agreement, the content and work commitments, clear rights and obligations of both parties.
The price of the BT contract must be controlled within the approved budget to clear the total price list of the constituent contracts construction and installation costs, financing financing, finance costs, investment returns, and into the total price, but by the project owner to grasp the amount of money, construction and installation costs, financing costs, financing financing is generally fixed lump sum price implementation.
Engineering survey, design, supervision, construction, important equipment and materials procurement bidding according to law. Project investigation, design and supervision work organized by the project owner, the financial institutions involved in the project construction, important equipment, materials procurement bidding held by the financier owners involved in the project bidding.
Reasonable assurance of the rights and obligations and clarify the responsibilities of all parties to the contract. Should be clear in the BT contract the rights and obligations of the project owner and financier. The project owner does the project approval of the preliminary work of the project, land acquisition and resettlement of immigrants, supervision of the financing funds in place, construction management before the completion of the preliminary design, review of the total construction progress, and organization of the repurchase work.
Financing project construction management should set up a project company with independent legal personality, the specific implementation of the project construction. The establishment of the project company did not change the obligations of the owner of the financing project. Financiers to raise their own funds, bank loans and other sources of funds allocated to the project company earmarked for storage in a special account, the organization of the project construction drawings and design documents, the implementation of project management, is responsible for organizing the completion of the project acceptance of data archiving and transmission; responsible for the quality of defects in the period of responsibility for the management of the construction, equipment and materials suppliers warranty work involving all types of insurance coverage for the construction project as well as the completion of the contract. Other matters. Financing and project companies and their legal representatives, the quality of the project is responsible for life. Contents
Funding to strictly implement the relevant provisions of the government's investment projects and complete the contract construction. Project scale, function, standard design changes must be approved by the project owner agreed that major design changes should also fulfill the approval process. Handled by the project owner in the construction process, the financier or the project company is currently required by the management of the joint statement.
Financing and the project company in whole or in part of the content of the contract, shall not be subcontracted, shall not be allowed to construction equipment and materials suppliers to advance construction. All levels of government and its departments, the project owner shall not provide financing guarantees financing and project company. Both parties shall not use the BT mode project as collateral financing party
Develop reasonable repurchase conditions and procedures to ensure the normal switching of the project. The project owner to develop reasonable repurchase payment conditions, in particular, to determine the quality of the construction and installation cost deposit of not less than 5% of the construction and installation costs reserved for the construction project according to the balance of government funds for the payment of the repurchase period. The buyback period shall not be at the end of the construction quality warranty period.
After the completion of the project, the project owner and financier repurchase in accordance with the contract item by item verification of the conditions identified. Need the conclusion of the intermediary organization, this conclusion should *** with the commissioning agency system, commissioning method and commissioning agency should be clearly expressed in the contract. Project completion and acceptance, in line with the conditions of repurchase, the two sides should sign a repurchase memorandum, the project into the repurchase period. The repurchase memorandum is reported to the approval department and the project management department for the record.
The project owner shall safeguard the legitimate interests of the parties financiers, repurchase conditions, shall not be changed arbitrarily, by default, deductions or withholding of the contract payable to strengthen the management or optimization of the design and maintenance of the capital financing or the project company, the project owner shall be paid in accordance with the contract shall be paid. The project can not meet the repurchase conditions, the project owner shall not repurchase the organization by the financier to rectify until it meets the repurchase conditions. Rectification still does not meet the repurchase conditions, the parties shall be sold in the manner agreed in the contract.
Six, improve management measures, strengthen supervision and guidance development and reform, finance, construction, planning, land resources, environmental protection, auditing, industrial and commercial administration and other government departments actively support the implementation of the BT model, in accordance with their respective responsibilities to strengthen guidance, inspection, assessment, audit, and help solve problems in the implementation of the project. Government investment projects dynamic balance plan, development and reform departments and financial sector together to prepare, financial personnel bidding work to guide and supervise the project owner to do a good job in the construction industry management departments to guide the project owner and the project company construction procedures, construction bidding and supervision of project quality, the competent engineering administrative departments to supervise the implementation of the BT contract, and coordination of related issues. BT model financing tracking and supervision system, tracking and auditing the use of funds by the financial sector, the entire process, timely assessment of the project's construction costs and financial risk of the establishment of financial intermediaries commissioned.
Both parties to the BT model contract should strictly abide by the provisions of the state and municipal government departments to conscientiously fulfill their responsibilities, strict screening and examination. Project owners and their staff in the project implementation of illegal and disciplinary responsibility lies on both sides of the relevant departments to investigate. In the city of other BT mode project construction competition, financiers violations of administrative supervision and management department penalties, five years may not participate. In order to strengthen and standardize the government investment projects BT financing construction management, and further improve the urban construction market order, better play a positive role in the BT model, and promote the city's economic and social development and fast.