Township people's government, sub-district office, Houma Economic Development Zone Administrative Committee, relevant departments directly under the city:

    The "Houma City Social Capital Investment donated public facilities project related Procedures of the guidance" is issued to you, please carefully implement。

People's Government of Houma City      

November 1, 2023       

    (This article is released to the public)

Houma City social capital investment donation

Public facilitiesGuidance on related procedures of class projects

To speed up the pace of public facilities construction in Houma City，We will further expand the scope of social investment，Expand financing channels for projects，Guide social capital to invest and donate to build public facilities projects in Houma City，According to the relevant provisions of the Opinions of the CPC Central Committee and The State Council on Deepening the Reform of the Investment and Financing System (Zhongfa [2016] No. 18)，Combined with the reality of our city，The following comments are hereby made on the procedures related to social capital investment and donation of public facilities projects:

First, in the public facilities projects that should be built with financial funds at the same level on the land owned by the government, enterprises are encouraged to use free donation modelingType of investment construction。Including but not limited to municipal roads, schools, medical institutions,市Grade cultural and sports facilities, park greening, water works, affordable housing,市Grade pension institutions, etc。

二、The donor shall raise funds for the project construction, organize the project construction work, and hand over the project free of charge to the use or management unit or public facility designated by the government after completion and acceptanceAnd its construction landThe property is owned by the government。

三、Appointed by the municipal governmentThe owner unit of the donated project,Perform the rights and obligations of the owner unit during the construction period。

四、In principle, the donation project shall be promoted in accordance with the model of social investment project, in the name of the donorRelevant administrative departmentsApplication for project filing (approval)Land use, planning,The relevant government functional departments should be recognized, open up green channels, optimize services, and approve in parallel、Expedited processing。

五、The owner unit of the donated project shall be responsible for the donorBased on identified donationsRelevant government decision documentsSign the donation agreement and construction work supervision agreement, put forward the design and use function requirements of the project, and give opinions on the submitted design scheme and standards;Coordinate project approval and declaration procedures with donors, participate in major decisions related to project construction, and receive and manage the completed public facilities on behalf of the municipal government in accordance with relevant regulationsAnd its construction land。

六、The municipal natural resources department shall be responsible for carrying out the relevant work such as land reconditioning and housing expropriation of the project land according to law。

Municipal administrative approval,Development and reform, finance, Audit, housing, water, natural resources, ecological environment, transportation、文物The relevant departments, according to their respective functions, speed up the handling of relevant administrative licensing and approval procedures, and carry out relevant supervision and management work in accordance with the law。

7. Before choosing a siteIt has been determined to be funded by social capital investment项目The donor shall comply with the government's decision documentsDonation agreementHandle the project site selection, project approval, land, planning, construction and other related procedures as soon as possible;In the process of site selection, project approval, land, planning, construction and other procedures, the project is determined to be funded by social capital investment，The examination and approval department shall follow the government decision document and the donation agreement，All the project subjects that have gone through the procedures are changed to donors，Follow-up procedures are handled directly by the donor as the main body。

八、The donor shall form a project construction management team and timely submit the request市The government or relevant departments coordinate to solve problems in the construction processTo ensure that the project is completed on time and with quality。

九、Upon completion of the project, the donor shall work with the owner, the competent construction department,The examination and approval department and other relevant units shall organize the joint completion inspection and acceptance according to regulations。The quality defect liability period and warranty period after the completion acceptance shall be assigned by the donor according to the actual needsCoordinate and communicate with the construction unit, design unit and other relevant units to fulfill the corresponding obligations。

十、After the completion of the project acceptance, the donor shall organize the preparation of the final financial accounts of the completion, and entrust a third party to conduct the review, and submit the final financial accounts of the completion after the review市Financial department record。

十一、The donor shall hand over the important materials of the whole process of the project, such as the project donation agreement, supervision agreement, preliminary approval and construction documents, as-built drawings, project acceptance and completion financial final accountsRelevant department，由Owner's unitIn accordance with relevant regulations, the relevant departments to handle the property rights registration and asset transfer and other follow-up procedures。

十二、The donor is in breach of the donor agreement or the regulatory agreement，Failure to complete the project approval and construction within the agreed time limit, lack of construction funds, confusion in management, serious quality and safety accidents and social instability，After rectification, the relevant requirements still cannot be met，The project cannot be completed within the agreed time limit due to non-force majeure or government responsibility，By the owner unit in accordance with the provisions of the donation agreement and supervision agreement，Put forward the project follow-up construction solution，Submit to the municipal government for consideration according to the original approval path，Remove its power as a construction unit，Termination of relevant agreement，The relevant legal responsibility shall be borne by the donor。The owner unit shall, in accordance with the relevant regulations of construction administration, evaluate the performance of the donor and report the evaluation to the municipal competent department of construction报告。

十三、If the survey, design, supervision, construction and other relevant participating units cause the following situations due to poor work: the survey and design quality does not meet the relevant requirements, and the relevant reports are not handled according to the regulations批Procedures start without authorization and refuse to correct, cause serious quality and safety accidents, project quality does not meet the agreed requirements and refuse to take remedial measures，The owner unit may be subject to the provisions of the supervisory agreement，Urge the donor to terminate the relevant agreement with the corresponding participating units，Select other qualified construction units to continue to carry out related work，The relevant legal liabilities and expenses incurred shall be dealt with according to the provisions of the supervision agreement。The owner units to the above situation市The construction project shall be carried out by the competent department报告。

十四、本Guiding opinionMatters not covered will be determined by further study。

十五、Before the promulgation of relevant national, provincial and municipal documents, these guidelines shall be followed。

Document interpretation:Notice of Houma Municipal People's Government on issuing the Guiding Opinions on the Relevant Procedures for the Construction of Public Facilities Projects Related to Social Capital Investment in Houma