How to understand the Notice of Haikou Municipal People's Government on Printing and Distributing the Interim Measures for the Management of BT Financing Construction of Haikou Municipal Government In

How to understand the Notice of Haikou Municipal People's Government on Printing and Distributing the Interim Measures for the Management of BT Financing Construction of Haikou Municipal Government Investment Projects BT (build-transfer) investment and financing construction mode (hereinafter referred to as BT mode) is a relatively mature and feasible investment and financing mode, which has been widely used in many domestic urban infrastructure projects in recent years. In this way, broadening financing channels and innovating the construction management of government-invested projects can promote the implementation of many major urban infrastructure projects. At the same time, however, due to the imperfection of domestic policies, management norms and supporting facilities, there are many problems in the practice of BT mode, mainly manifested in the unclear scope of approval authority, avoiding bidding or not bidding according to regulations according to the uncertainty of the rights and obligations of the parties, and under the banner of some projects, BT is engaged in contractor-funded construction, even individual owners and contractors provide loan guarantees, and the management of BT mode is unclear.

"Non-government investment projects signed a construction contract, in accordance with the provisions of the Ministry of Finance, the Ministry of Construction, the National Development and Reform Commission, the Ministry of Finance, the People's Bank of China, correctly distinguish BT. In order to further standardize the management of BT investment and financing mode, the government recently issued the Notice on Strengthening and Regulating the Management of BT Financing Construction of Government Investment Projects, which is mainly used for the scope and conditions, examination and approval procedures, rights and obligations of all parties, bidding and repurchase.

The investment system of "Decision on Reform" in the State Council, with the deepening implementation of urban investment and financing system, has been paid more and more attention and adopted, and mobilized non-government funds to participate in the construction of government investment projects, which has played an important role in promoting the early implementation of a number of major infrastructure projects. However, due to short time, lack of experience, unclear scope, unclear rights and obligations of both parties, and poor supervision and management. In order to further strengthen and standardize the project management of BT mode, relevant matters are hereby notified as follows:

Strictly apply the scope and conditions, and implement the financing capacity building of BT mode. Government investment projects are decided by the municipal, district (county) people's governments that implement the BT model, and the investors and financiers (hereinafter referred to as the financiers) and the financiers who set up the project company (hereinafter referred to as the "project company") through the way of bidding by authorizing the project owners. Financing must be taken as the guarantee of the project's own funds and long-term financing capacity building. For projects that are not allowed to engage in counter-guarantee, the source of repurchase funds by the project owner shall be examined and approved by the government department, and the repurchase price and repurchase plan paid by the project owner according to the contract shall be completed.

BT mode should be adopted according to one's ability. The project must conform to the economic and social development plan of the city, district (county), belong to the public welfare and basic projects that the government should undertake, and be brought into the dynamic balance of the government's financial resources (including the main financial resources invested by the government) to ensure that the project repurchase funds can be paid and put an end to the principle of defaulting on the project payment. The total investment of the project is more than 50 million yuan, and the government adopts BT mode, which will be completed in about two years after the project is completed.

Second, to standardize the examination and approval of BT mode projects, improve the decision-making and implement the decision-making mechanism of BT mode projects, we must improve the decision-making mechanism and procedures in accordance with the requirements of BT financing feasibility study in the Measures for the Administration of Chongqing Municipal Government Investment Projects. For a project with BT mode, the project owner shall prepare a BT financing construction plan in the project feasibility study report, with a special chapter for approval. BT financing construction plan should include the following contents: the content, scope and quantity of BT financing construction, the conditions and capabilities that the financier should have, and the rights and obligations of all parties; Monitoring measures for project funds, quality and progress; Conditions and procedures for repurchase; Project construction cost analysis; According to the government fund construction plan, the source of funds for repurchase is dynamically balanced under the approval authority of BT financing construction projects of the municipal (county) human and social departments. With a total investment of 2 million yuan, the capital construction procedures of the municipal government are approved by the Municipal Development and Reform Commission, the Municipal Finance Bureau, the Municipal Construction Committee and the management office, and the municipal government, with a total investment of more than 2 million yuan; The BT financing construction scheme of district (county) level government investment projects shall be examined and approved by the district (county) joint financing, construction and project management departments, among which the approval and government repurchase funds are difficult and large-scale engineering projects need to be reported to the district (county) for examination and approval. BT mode shall not be adopted for unapproved projects. Strictly implement the examination and approval of the BT financing construction project organized by the project owner, and do not change it at will. If it is really necessary to change it, it must be reported to the original examination and approval department for approval.

Standardize the project contracting behavior, strictly implement the bidding system of BT mode projects, and strictly implement the bidding system. If the financing party is invited to bid or not, the project owner should choose the BT financing construction scheme, explain the reasons and provide the corresponding basis. The feasibility study of the project subject to tender should be combined with clear approval. After the preliminary design of the project and the approval of the investment budget, bidding should be conducted to select the financing party. Strict requirements are imposed on the project owner's financing ability, financing, construction and management ability and performance reputation. BT contract price, the rest of the construction funds to provide long-term loan commitments or financial institutions at or above the provincial level issued by not less than 35% of the funds invested in the project's own funds. Independent legal persons, with different financing and management advantages, can form a consortium to undertake the financing of construction projects, the signing of the consortium agreement, the commitment of content and work, and clarify the rights and obligations of both parties.

The price of BT contract must be controlled within the approved budget, excluding the list of total contract price, construction and installation expenses, financing and financial expenses and investment income, and entering the total price. However, the amount held by the project owner, construction and installation costs, financing costs and financing are generally fixed.

Engineering survey, design, supervision, construction and procurement of important equipment and materials shall be subject to tender according to law. The survey, design and supervision of the project shall be organized by the project owner, financial institutions shall participate in the project construction, and the financier holding the tender for purchasing important equipment and materials shall participate in the project bidding.

A contract that reasonably protects the rights and obligations of all parties and clarifies the responsibilities of all parties. The rights and obligations of the project owner and the financier in the BT contract should be clarified. The person in charge of the project is responsible for the preliminary work of the project, such as project approval, land acquisition and demolition, supervision of the availability of financing funds, review of the overall construction progress before the completion of the preliminary design of construction management, and organization of repurchase work.

The construction management of financing projects should set up a project company with independent legal personality to implement the project construction. The establishment of the project company has not changed the obligations of the owners of financing projects. The financing party proposes to transfer its own funds, bank loans and other sources of funds to the special account of the project company and store them in the special account, sort out the engineering construction drawing design documents, implement project management, and be responsible for organizing the filing and transmission of the project completion acceptance data; Responsible for the management of quality defects liability period, construction, warranty of equipment and materials suppliers, all kinds of insurance involved in construction projects and other matters related to the completion of the contract. The financing and project company and its legal representative are responsible for the project quality for life. content

Funds should strictly implement the relevant regulations, government investment projects, and complete the contract construction. Design changes of project scale, functions and standards must be approved by the project owner, and major design changes should also be changed. It is required by the joint statement of the project owner, the financing party or the current management of the project company during the construction process.

All or part of the contract contents of the financing and project company shall not be subcontracted, and suppliers of construction equipment and materials shall not be allowed to contribute to the construction. Governments at all levels and their departments and project owners shall not provide financing guarantee for financing and project companies. Both parties shall not use BT mode projects as mortgage financiers.

Formulate reasonable repurchase conditions and procedures to ensure the normal switching of the project. The project owner shall formulate reasonable payment conditions for repurchase, especially determine the quality guarantee of not less than 5% for construction and installation projects during the repurchase period according to the balance of government funds. The repurchase period shall not be at the end of the project quality warranty period.

After the completion of the project, the project owner and the financier will repurchase the determined conditions item by item according to the contract. The conclusion that an intermediary agency is needed should be the same as the principal-agent system, and the way of entrustment and the entrusted agency should be clearly defined in the contract. If the project is completed and accepted and meets the repurchase conditions, both parties will sign a repurchase memorandum, and the project will enter the repurchase period. The repurchase memorandum shall be submitted to the examination and approval department and the project management department for the record.

The project owner shall safeguard the legitimate interests of the financing parties, and the repurchase conditions shall not be changed at will. In case of breach of contract, if the contract payables are deducted or withheld, it is necessary for the fund financing or the project company to strengthen management or optimize design and maintenance, and the project owner shall pay the payables according to the contract. If the project does not meet the repurchase conditions, the project owner shall not repurchase the institution, and the financing party will rectify it until it meets the repurchase conditions. If the rectification still does not meet the repurchase conditions, both parties shall sell it in the way agreed in the contract.

Improve management measures and strengthen supervision and guidance. Government departments such as development and reform, finance, construction, planning, land and resources, environmental protection, auditing, and industrial and commercial administration should actively support the implementation of BT mode, and strengthen guidance, inspection, evaluation, and auditing according to their respective responsibilities to help solve problems existing in project implementation. The dynamic balance plan of government investment projects shall be compiled by the development and reform department in conjunction with the financial department, and the financial personnel shall guide and supervise the bidding work. The project owner should do a good job in the guidance of the construction industry management department to the project owner and the project company, supervise the construction bidding and project quality, and the project management department should supervise the implementation of the BT contract and coordinate related issues. BT mode financing tracking supervision system, the financial department tracks and audits the use of funds, and evaluates the project construction cost and the financial risks entrusted by financial intermediaries in a timely manner throughout the process.

Both parties to the BT model contract should strictly abide by the regulations, and the state and municipal government departments should conscientiously perform their duties and strictly screen and test. The responsibility of the project owner and his staff for violating the law and discipline in the project implementation lies in the investigation of the relevant departments of both parties. In the competition of other BT mode projects in this city, if the financier is punished by the administrative supervision and management department, he shall not participate in it within five years. In order to strengthen and standardize the management of BT financing construction of government investment projects, further improve the market order of urban construction, better play the positive role of BT mode, and promote the sound and rapid economic and social development of our city.