Interim Measures for the Administration of Special Central Budget investment for Private Investment guidance

(Draft for comment)

Chapter I General provisions

Article 1 In order to strengthen the management of the projects and funds of the special investment project within the central budget to guide private investment (hereinafter referred to as the "Special Project") and improve the efficiency of the investment within the central budget, These Measures are formulated in accordance with the Regulations on Government Investment, Measures for the Management of Investment Capital Injection Projects within the Central Budget, Notice of the National Development and Reform Commission on Further Strengthening and Strengthening the Work of Promoting Private Investment and Mobilizing the enthusiasm of Private Investment and other relevant provisions.

Article 2 Development and reform departments at all levels shall encourage, support and guide the development of private investment, promote the growth of private investment, and maintain a reasonable proportion of private investment in the fixed assets investment of the whole society. The National Development and Reform Commission arranges this special fund to support the construction of relevant projects in areas where private investment has achieved remarkable results.

The scale of capital support for areas with obvious results in private investment and individual regions shall be determined in accordance with relevant regulations.

Article 3 For projects that meet the provisions of these Measures and relevant conditions, in principle, the National Development and Reform Commission shall arrange investment within the central budget in accordance with capital injection and other ways, and the state-owned property rights or equity formed by the investment within the central budget shall be held by the relevant localities.

This special project is directly arranged by the National Development and Reform Commission to specific projects.

Article 4 This special support plan to start or continue the construction of fixed asset investment projects, forming new fixed asset investment, not support completed projects.

Article 5 The project applying for this special fund shall not, in principle, apply for other special investment funds within the central budget (except for special projects related to the pre-project working expenses). The projects already arranged for this special project shall not be applied for investment within the central budget of this special project again.

The second chapter supports scope and standards

Article 6 Projects in infrastructure, social undertakings and other fields that are urgently needed in areas with obvious results of private investment in promoting the development of private economy may apply for the support of this special fund.

Infrastructure projects include transportation, energy, water conservancy, municipal, logistics, new infrastructure, etc. Social programs include medical care, education, elderly care, sports, tourism and other public services.

Article 7 This special project in principle supports the above fields with the participation of private capital with public benefit attributes of business projects, through the arrangement of special funds to improve project profitability, attract private capital to enter, and further guide the expansion of private capital investment channels.

Article 8 The total investment of a single project supported by investment within the central budget shall not be less than 100 million yuan, and the investment within the central budget allocated to a single project shall not be less than 20 million yuan, and the proportion of support for a single project shall not exceed 60% of the total investment in principle.

Article 9 The scale of investment allocated to specific projects within the central budget shall be verified when the fund application report is approved and completed in the investment plan of the current year.

Chapter III Project reserve and annual investment plan declaration

Article 10 Development and reform departments at all levels, together with relevant departments at the same level, in accordance with the relevant requirements for strengthening investment project reserves, according to the scope of this special support, increase project reserves, accelerate the preliminary work, rely on the national major construction project database to prepare a three-year rolling investment plan, and form a continuous and rolling implementation of the project reserve mechanism.

Article 11 The project applying for this special fund shall submit a fund application report. The fund application report shall be submitted by the project unit and submitted to the Development and Reform Commission of the province (autonomous region or municipality directly under the Central Government) according to the procedures.

The development and reform Commission of the province (autonomous region and municipality directly under the Central Government) shall put forward the examination and approval opinions on the fund application reports and summarize them, and submit them together with the annual investment plan application to the National Development and Reform Commission.

Article 12 The fund application report shall include the following contents:

(1) The basic situation of the project unit;

(2) The basic information of the project, including the project code generated by the national investment project online approval and supervision platform (hereinafter referred to as the investment online platform) (except for secret projects), construction content, total investment and funding sources, the implementation of construction conditions, and the project's compliance with national industrial policies and development plans;

(C) the project is included in the three-year rolling investment plan, and the approval process is completed through the investment online platform (the project feasibility study report or preliminary design approval process needs to be completed and a copy of the approval document is attached);

(4) The main reasons and policy basis for applying for this special fund.

The project unit shall be responsible for the authenticity of the content of the submitted fund application report. If the project unit has serious dishonesty in the declaration and is included in the list of serious dishonesty subjects, the development and Reform Commission of the provinces (autonomous regions, municipalities directly under the Central Government) shall not accept its fund application report.

Article 13 The development and reform Commission of a province (autonomous region or municipality directly under the Central Government) shall examine the project fund application report, and be responsible for the authenticity and compliance of the examination results and application materials. The key points of the audit include whether the declared project meets the scope of special support, whether the declaration is repeated, whether the project unit is included in the list of seriously dishonest subjects, whether the declared investment meets the support standards, whether the project has completed the approval process, whether the early working conditions of the planned new project are mature and have the conditions to start, and whether the construction procedures of the extended project are complete. Whether the local construction funds are implemented, whether the project (legal person) unit and the project responsible person, the daily supervision directly responsible unit and the supervision responsible person fill in the standard.

Article 14 The development and reform commissions of the relevant provinces (autonomous regions and municipalities directly under the Central Government) shall, according to the scale of funds allocated to their respective regions, select qualified projects to form an annual investment plan application and submit it to the National Development and Reform Commission. The development and reform Commission of the relevant province (autonomous region and municipality directly under the Central Government) may, on the basis of the prescribed amount of funds, submit alternative projects that do not exceed 20% of the amount of funds.

When the relevant provincial (autonomous region, municipality directly under the Central Government) development and reform Commission submits the annual investment plan application documents, it shall implement the project (legal person) unit and the project responsible person, the daily supervision direct responsibility unit and the supervision responsible person one by one, and the project responsible person and the supervision responsible person shall be the relevant responsible comrade of the project (legal person) unit and the daily supervision direct responsibility unit respectively. At the same time, submit the performance target table of investment within the central budget of the special year.

Chapter IV Approval of capital application report and issuance of annual investment plan

15th National Development and Reform Commission after accepting the local fund application report, according to the "National Development Commission investment consultation evaluation management Measures" commissioned the relevant consulting institutions to evaluate the project, the evaluation focus includes the rationality of the total investment of the project, the source of funds, the implementation of construction conditions, the project in line with the national industrial policy and development planning.

Article 16 For projects that agree to arrange investment support, the National Development and Reform Commission shall approve the fund application report, clarify the scale of investment support within the central budget, and simultaneously issue the investment plan within the central budget.

Article 17 After the issuance of the annual investment plan within the central budget, the development and reform Commission of the relevant province (autonomous region and municipality directly under the Central Government) shall forward the investment plan document within 10 working days after receiving it.

Chapter V Project implementation management

Article 18 The projects supported by this special project shall strictly implement the legal person responsibility system, capital fund system, bidding system, project supervision system and contract management system of the investment project, strengthen the investment control during the construction process, and implement the relevant requirements of project quality and safety management.

Article 19 For projects using investment from the central budget, the relevant laws, regulations and policies of the state shall be strictly implemented, and the funds shall be earmarked for special purposes and accounted for separately. The content and scale of construction shall not be changed without authorization, and it is strictly prohibited to transfer, occupy or misappropriate the investment from the central budget. After the completion of the project, the completion acceptance shall be organized according to the provisions.

Article 20 The project shall be adjusted in time when the following situations occur:

(1) Failure to start construction more than six months after the central budget investment plan is issued;

(2) serious lag in construction resulting in long-term idle funds for one year or more;

(3) Changes in the scale, standards and contents of construction greatly affect the scale of investment arrangement;

(4) The project cannot be continued for other reasons.

Where it is necessary to adjust the investment plan, the development and reform Commission of the province (autonomous region or municipality directly under the Central Government) shall report it to the National Development and Reform Commission for adjustment in accordance with the relevant provisions.

Article 21 The project shall implement a regular dispatch system. The Development and Reform Commission of the province (autonomous region and municipality directly under the Central Government) shall, before the 10th of each month, submit the data of the start of investment projects within the central budget, investment completion and payment, project image and progress to the National Development and Reform Commission through the online approval and supervision platform of investment projects (National Major construction project database) (confidential projects shall be submitted according to relevant requirements). And synchronously upload the project progress and fund payment and use of data vouchers.

Chapter VI Supervision and inspection

Article 22 The National Development and Reform Commission shall promptly organize the supervision, inspection, evaluation and supervision of the implementation of the investment plan within the central budget, supervise the transmission of the investment plan, the implementation of the investment plan and the allocation and use of funds, and urge all localities to rectify the problems found in a timely manner. Where there are many problems found in the supervision, inspection and audit of investment projects within the central budget, the scale of investment support within the central budget for the next year shall be reduced as appropriate.

Relying on the project online approval and supervision platform and the national major construction project database and other information means, the performance target is tracked and monitored, the performance of special investment is dynamically mastered, and the problems found in the performance monitoring are urged to correct the project unit in time. According to the performance of the previous annual investment plan of the project, the investment scale of the next year will be adjusted accordingly.

Article 23 The provincial (autonomous regions, municipalities directly under the Central Government) Development and Reform Commission shall strengthen the supervision and guidance of relevant departments in cities and counties, strengthen the supervision of projects in the region, in particular, give play to the advantages of grass-roots development and reform departments and industry management departments to supervise nearby, and consolidate the "two responsibilities" of the project (legal person) unit and the project responsible person, the daily supervision and direct responsibility unit and the supervision responsible person.

Article 24 Where a project unit commits any of the following acts, the National Development and Reform Commission shall order it to make rectification within a time limit; If it refuses to rectify or still fails to meet the requirements after rectification, it shall reduce, recover or stop the allocation of funds, suspend its declaration of investment within the central budget, incorporate relevant information into the national credit information sharing platform and make it public, and may, according to the seriousness of the circumstances, submit or transfer the relevant authorities to investigate the administrative or legal responsibilities of the relevant responsible persons according to law:

(1) providing false information to defraud investment within the central budget;

(2) transferring, occupying or misappropriating investment within the central budget;

(3) Arbitrarily changing the main construction contents and construction standards;

() the project construction scale, standards and contents of the major changes and do not report in time;

(5) failure to implement the construction in time without justifiable reasons;

(6) refusing to accept the assessment, supervision or supervision and inspection conducted according to law;

(7) failing to submit project information through the investment online platform (national major construction project database) as required;

(8) Other acts in violation of State laws and regulations and the provisions of these Measures.

Chapter VII Supplementary Provisions

Article 25 The development and reform commissions of provinces (autonomous regions and municipalities directly under the Central Government) may formulate administrative rules in accordance with these Measures.

Article 26 The National Development and Reform Commission shall be responsible for the interpretation of these measures.

Article 27 These Measures shall come into force as of the date of promulgation and be valid for 3 years.

Interim Administration of Investment within the Central Budget for Private Investment Guidance

Measures (Draft for Comments) Drafting instructions

In order to implement the relevant work requirements of the National Development and Reform Commission on Further Grasping the Practical work of Promoting Private Investment and Mobilizing the enthusiasm of Private Investment (Development and Reform Investment (2023) No. 1004), the National Development and Reform Commission drafted the Interim Measures for the Management of Investment under the Central Budget for Private Investment Guidance to be issued as normative documents (draft for comments). Hereinafter referred to as the Measures). The Measures are described below.

First, the relevant background of the formulation of the Measures

As the material basis for the development of the private economy, private investment accounts for a relatively high proportion of fixed asset investment in the whole society, and plays an important role in optimizing the supply structure. The National Development and Reform Commission attaches great importance to the work of private investment, and actively takes measures to accelerate the development of private investment, ensure that the proportion of private investment in fixed assets investment remains at a reasonable level, and promote the high-quality development of the private economy.

Document No. 1004 of Development and Reform Investment (2023) clearly states that "the Commission will adjust and set up special investment projects within the central budget, and select 20 prefecture-level cities (districts) with fast growth, high proportion, strong vitality and real measures to support private investment every year." To this end, in 2024, we plan to set up a special project to guide private investment within the central budget, give full play to the role of government investment funds, and further encourage, support, and guide the development of private investment. In accordance with the provisions on the management of investment within the central budget, the National Development and Reform Commission intends to issue the Measures to all localities with normative documents for standardizing project and fund management.

Ii. The main contents of the Measures

The Measures consist of seven chapters and 27 articles, the main contents of which include: First, clearly set special goals, that is, reward areas with obvious results in private investment to support the construction of relevant projects, improve the profitability of projects, attract private capital to enter, and guide the expansion of private capital investment channels; The second is to clarify the scope of support, including infrastructure, social undertakings and other fields in which private capital is involved in business projects with public property; The total investment of a single project supported by investment in the central budget is not less than 100 million yuan, the funds arranged for a single project is not less than 20 million yuan, and the proportion of support for a single project is not more than 60% of the total project investment in principle, so as to avoid small and scattered projects. The fourth is to clarify the way of fund arrangement, which is directly arranged by the Commission to the project, and adopts the method of capital injection, and the state-owned property rights or equity formed by the investment in the central budget are held by the local government. Fifth, clarify the work requirements of local governments and project units, strengthen the management of project application, construction implementation, and fund payment, and effectively bring into full play the benefits of investment within the central budget.

Iii. Other relevant considerations

(1) Areas where private investment has achieved notable results. In order to promote private investment, various localities have actively explored working practices in light of their actual conditions, and some localities have achieved good results. In areas where private investment has achieved significant results, the annual growth rate, proportion and scale of private investment will be considered in a comprehensive evaluation.

(2) On the types of projects to be supported. In the work of promoting private investment, it is found that the proportion of private investment in infrastructure and social undertakings is not high, and more efforts should be made to encourage private capital to enter. According to the Measures, the infrastructure projects that may apply for the support of this special fund include transportation, energy, water conservancy, municipal, logistics, and new infrastructure; Social programs include medical care, education, elderly care, sports, tourism and other public services.

(3) Public-Private Partnership (PPP) projects. The Guiding Opinions on Regulating the Implementation of the New Mechanism for Government-Social Capital Cooperation (State Office Letter (2023) No. 115) stipulates that "the government may provide government investment support for user payment projects during the construction period in accordance with the principle of equal treatment, under the premise of strictly preventing new hidden debts of local governments and complying with laws and regulations and relevant policy requirements." This special fund can also support the construction of PPP projects that meet the requirements. Mobilizing the enthusiasm of local governments and enterprises through the guidance of special funds is conducive to promoting the implementation of the new mechanism for cooperation between the government and private capital.

Source: National Development and Reform Commission