Xiang jiao Ji Jian [2018] No.116

　

　

Hunan Provincial Department of Transportation

Some opinions on further standardizing the management of expressway and provincial highway engineering construction projects in our province

In order to further strengthen the management of highway construction projects in our province, clarify the responsibilities of all parties, standardize working procedures, and promote the healthy and orderly development of highway construction, combined with the actual reform of highway construction management system in our province, according to the relevant laws, regulations and provisions of the state, Ministry and province, the following opinions are put forward.

One,Highway engineering construction implements the system of industry supervision and graded responsibility.

(a) the Provincial Department of Transportation is responsible for the industry supervision of highway engineering construction in the province. Specifically responsible for the supervision and management of expressway construction projects approved or approved by the national and provincial development and reform commission.

(two) the provincial highway management agencies entrusted by the Provincial Department of Transportation, responsible for the province’s highway engineering construction industry management.

(III) The Municipal Transportation Bureau is specifically responsible for the supervision and management of the common national and provincial highway construction projects included in the provincial transportation development plan within its administrative area. Other ordinary highway construction projects included in the provincial transportation development plan can be implemented with reference to this opinion.

Two, strictly implement the basic construction procedures, and effectively prevent management risks.

(4) Highway engineering construction projects must strictly implement the legal person responsibility system, the bidding system, the project supervision system and the contract management system, strictly implement the capital construction procedures stipulated by the state, and shall not violate or simplify the capital construction procedures without authorization. Transportation administrative departments at all levels should strictly examine and implement according to the management authority, and establish a sound management system and files.

(5) The provincial department of transportation is responsible for the examination and approval of construction drawings of expressway construction projects, and the relevant municipal and state transportation bureaus are responsible for the examination and approval of construction drawings of ordinary national and provincial highways.

Expressway construction projects shall be reported to the ministries and agencies by the project legal person after the organization completes the construction drawing design documents. The ministries and agencies entrusted the provincial highway management agencies to organize a review and consultation unit on behalf of the office for review., prepare the review report and put forward the industry review opinions (if the design and construction general contracting mode is adopted, the preliminary design unit shall also submit the design consultation and supervision report). For projects with complex technology, the ministries and agencies can entrust independent consulting agencies to check the construction drawing review, key parts and important structures, and the ministries and agencies will examine and approve the construction drawing budget according to the review report, verification opinions (if any), industry review opinions and the review opinions of the department’s cost management agency (except for the design and construction general contracting mode), and gradually establish and improve the construction drawing review and evaluation mechanism.

General national and provincial highway construction projects shall be reported to the relevant municipal and state transportation bureaus after the construction drawing and design documents are completed by the project legal person organization, and shall be reviewed by the municipal and state transportation bureaus and approved. The specific implementation rules shall be formulated separately by the municipalities. After the approval of the construction drawing is completed by the Municipal Transportation BureauWithin 15 working days, the construction drawing approval document shall be submitted to the provincial highway management organization for the record.

(six) highway engineering construction projects should establish and improve the quality and safety assurance system. Before the project starts, the construction unit shall go through the quality supervision procedures with the traffic quality and safety supervision institution as required. Expressway construction projects shall be submitted by the project legal person to the provincial traffic quality and safety supervision institutions, and ordinary national and provincial highway construction projects shall be submitted by the project legal person to the municipal and state traffic quality and safety supervision institutions. Traffic quality and safety supervision institutions at all levels shall promptly urge the construction unit to go through the quality supervision procedures in accordance with the regulations, and carry out quality supervision and management in a timely manner according to law.

(seven) highway construction projects shall implement the construction permit system according to law, and the project legal person shall strictly follow the "Measures for the Administration of Highway Construction Market" (ministerial order)No.11, 2015) stipulates that the construction permit procedures shall be handled, and the construction of the project without permission shall not be started. In case of violation, administrative punishment shall be imposed according to law.

For expressway construction projects, the project legal person shall apply to the Provincial Department of Transportation for construction permit, and for ordinary national and provincial highway construction projects, the project legal person shall apply to the relevant municipal and state transportation bureaus for construction permit. The transportation administrative departments at all levels shall make a decision on the construction permit according to the procedure, in which the ordinary national and provincial highway construction projects shall, after making the construction permit,Within 15 working days, the municipal and state transportation bureaus shall report to the provincial highway management agencies for the record.

(eight) highway engineering construction projects should be organized in stages according to the Ministry of Transport’s "Measures for Acceptance of Highway Engineering Completion (Delivery)" and related implementation rules.

The project legal person is responsible for the completion acceptance. After the completion of acceptance, the project legal person shall complete the project completion acceptance report in time as required, and report to the transportation administrative department that approved the project construction drawing design for the record. The completion acceptance of ordinary national and provincial highways shall be summarized by the municipal and state transportation bureaus at the end of each quarter and submitted to the provincial highway management agencies for the record. No traffic trial operation may be opened for projects that have not been completed or failed to pass the completion acceptance. 　

After the project meets the completion acceptance conditions, the project legal person shall apply to the administrative department of transportation for completion acceptance. The completion and acceptance of expressways is organized by the Provincial Department of Transportation, and the completion and acceptance of ordinary national and provincial highways is organized by the local municipal and state transportation bureaus. After the completion and acceptance of ordinary national and provincial highways, the municipal and state transportation bureaus shallWithin 15 working days, the completion acceptance appraisal book will be submitted to the provincial highway management organization for the record.

Construction mileage is less than5 kilometers or a total investment of less than 50 million yuan of ordinary national and provincial highway construction projects (except bridges, long tunnels and above), can be completed and accepted by the municipal transportation bureau.

Three, strengthen the supervision of bidding process, and create a unified, open, competitive and orderly market environment.

(9) The project legal person shall follow the principles of openness, fairness, impartiality, honesty and credibility, implement the relevant laws, regulations and provisions of the state, the Ministry and the province, organize the bidding work of the project according to the approved bidding scope, bidding method and organizational form, and shall not evade bidding, discriminate against potential bidders and bidders, or implement local protection and black-box operation.

(ten) strictly implement the bidding filing management system. Expressway construction projects shall be submitted by the project legal person to the Provincial Department of Transportation for the record in a timely manner, including the qualification documents and results (if any), as well as the bidding documents and the written report on bidding (including the bid evaluation report). Ordinary national and provincial highway construction projects shall be reported by the project legal person to the relevant municipal and state transportation bureaus for the record in a timely manner, including the qualification documents and results (if any), as well as the bidding documents and written reports on bidding (including bid evaluation reports). If there are other provisions governing counties directly under the province, those provisions shall prevail.

(11) Highway construction projects shall fully implement the trading system of entering the public resource trading market, expressway construction projects shall enter the provincial public resource trading center for trading, and ordinary national and provincial highway construction projects shall enter the municipal and above public resource trading centers for trading.

(twelve) the construction projects of expressways and ordinary national and provincial highways should gradually realize electronic bidding. If electronic bidding is adopted, it shall be implemented in accordance with this opinion and the relevant provisions on electronic bidding.

(thirteen) the administrative departments of transportation at all levels shall supervise the bidding process according to the management authority, and deal with the complaints and reports in the bidding in a timely manner, and seriously deal with the illegal acts of bidding according to the law and regulations.

Four, standardize the management of engineering change, the implementation of hierarchical responsibility, prohibit unauthorized changes.

(fourteen) after the approval of the construction drawing design documents of highway engineering construction projects, they shall not be modified or changed without authorization. If it is really necessary to change the approved construction drawing design documents, it shall be implemented only after approval in accordance with the examination and approval authority. The Provincial Department of Transportation will strengthen the supervision and inspection of lowering construction standards and reducing construction scale changes.

(fifteen) highway engineering design changes are divided into two categories: highway construction projects and ordinary national and provincial highway construction projects.

1 need to improve technical standards or increase the scale of construction, and the increased investment exceeds the corresponding budget by 10% or more, and the design changes shall be reported to the original budget approval department for approval.

2. The Ministry of Transport approved the preliminary design of the expressway project, and its major design changes were reported to the Ministry of Transport for approval after the preliminary examination by the Provincial Department of Transportation.

The preliminary design of the expressway project approved by the Ministry of Transport has major design changes under one of the following circumstances; Or the provincial department of transportation approved the preliminary design of the expressway project, there is one of the following major or major design changes, submitted to the provincial department of transportation for approval:

① The starting and ending points of the route have changed;

(2) the route plan for more than 2 kilometers is adjusted continuously;

(3) the number of bridges or the structural forms of bridges and above have changed;

(4) the number of tunnels or ventilation scheme changes;

⑤ The number, location or scheme of interchange has changed;

6. The charging method, site location and scale have changed;

⑦ The standard and scale of the connecting line have changed;

(8) The type, width and thickness of pavement structure change;

Pet-name ruby management, maintenance and service facilities change in location, quantity and scale.

The remaining major design changes are entrusted to the project legal person for self-examination and approval. After the approval is completed,Report to the Provincial Department of Transportation for the record within 15 working days. General design changes shall be reviewed and approved by the project legal person.

3. The design changes of ordinary national and provincial highway construction projects (including technically complex projects) shall be formulated by the municipal transportation bureaus themselves, and the construction scale and technical standards shall not be arbitrarily reduced. It is a major design change, such as the change of the starting and ending points of the route, the adjustment of the route scheme for more than 1 km in a row, the change of the width of subgrade and pavement, the change of the overall pavement structure type, the change of the structure type and scale of the extra-large bridge, and the increase or decrease of the number of bridges and tunnels above the bridge. Within 15 working days after the completion of the approval, the municipal transportation bureau shall report to the provincial highway management organization for the record.

(16) Transportation administrative departments at all levels should strengthen the supervision and management of engineering design changes, and seriously investigate and deal with unauthorized changes, illegal changes, dismembered changes to avoid approval and other irregularities.

(seventeen) the project legal person should strengthen the project cost management and strictly control the project investment. In the process of project implementation, the budget estimate should be strictly taken as the highest control amount of project investment. If it is really necessary to exceed the budgetary estimate, the budgetary estimate shall be examined and approved in strict accordance with the relevant provisions. Transportation administrative departments at all levels shall strengthen the supervision and inspection of highway engineering cost activities in accordance with their duties and powers.

Five, strict market access, strengthen contract management, strengthen industry supervision, to ensure the quality and safety of the project.

(eighteen) highway and ordinary national and provincial highway construction projects shall implement the project legal person responsibility system according to law. The project legal person can manage the project by itself, or entrust a qualified management unit to manage it.

The technical and management capabilities of the legal person of the expressway construction project or the organization and personnel of the management unit entrusted by it shall conform to the Opinions of the Ministry of Transport on Further Strengthening the Management of the Highway Project Construction Unit.No.438 [2011]).

The legal person of provincial highway construction project or its entrusted management unit, organization and personnel shall meet the following basic conditions:

1. The organization has major functional management departments such as planning, contract, engineering, finance, quality and safety, with clear division of responsibilities and perfect management system;

2. The person in charge of the project is familiar with the national laws and regulations on engineering construction, with good political quality, high professional level, good reputation in the industry, more than 3 years of engineering management experience, and has served as the person in charge of one or more highway projects or the deputy person in charge of two or more projects, and should have intermediate or above titles;

3. The technical person in charge of the first-class highway and the construction project containing tunnels and extra-large bridges has the title of senior or above in highway engineering, has rich engineering experience, and has served as the technical person in charge of two or more highway engineering projects; The technical person in charge of highway construction projects of Grade II and below has the title of intermediate or above in highway engineering, has rich engineering experience, and has served as the technical person in charge of one or more highway projects or the technical personnel of two or more projects;

4. The first-class highway construction projects should have more than 5 engineers and technicians with intermediate titles or above in highway engineering, and the second-class highway construction projects should have more than 3 engineers and technicians with intermediate titles or above in highway engineering. Financial personnel should have the ability of financial accounting. 　　　　　　　　

When the preliminary design documents of the project are submitted for approval (including the first-stage construction drawing design documents), the highway project construction unit shall report the management institutions, management personnel and qualifications stationed at the project site to the relevant transportation administrative departments for verification. The competent department of transportation shall timely review, and those who fail to meet the qualification standards shall be instructed to supplement and improve, or instructed to entrust a construction agent with corresponding management capabilities to be responsible for construction management. In the process of project construction, the change of main personnel such as the project leader or technical leader shall be reported to the relevant transportation administrative department for verification.

(19) highway design, construction, supervision, testing, consulting and other business units shall have corresponding qualifications, fully perform their obligations in accordance with the provisions of the contract, and prohibit acts such as relying on lending qualifications, subcontracting and illegal subcontracting.

(twenty) the project legal person should strengthen the management of contract performance, include the breach of contract and the liability clauses in the bidding documents or contract documents, and establish and improve the penalty and assessment incentive mechanism for breach of contract.

(21) The project legal person shall formulate and improve the management system of project quality, safety, progress and cost, effectively improve the management ability and quality, establish and improve the project quality and safety assurance system, implement the project quality responsibility registration system and lifelong responsibility system, vigorously promote the standardization construction, further strengthen the project quality and safety management, and ensure the inherent quality and durability of the project, and ensure the quality and safety of the project.

(twenty-two) transportation administrative departments at all levels should strengthen information management, and gradually establish an information management platform for highway construction. Make full use of information means such as big data and cloud platform, implement dynamic management of information such as performance of highway construction project personnel, and effectively improve the supervision ability and level of the industry.

(23) Provincial highway management agencies should earnestly fulfill the management responsibilities of highway engineering construction industry in the province, and focus on strengthening the guidance and supervision of the approval of construction drawings, construction permits, construction management, design changes, and completion (handover) acceptance of provincial highway construction projects.

(24) transportation administrative departments at all levels and industry management institutions should strengthen industry supervision, and organize comprehensive supervision and special supervision of highway construction markets and construction projects within their jurisdiction according to management authority, and all inspection results should be included in market credit records, annual transportation target assessment and quality work assessment. The illegal acts found by the inspection shall be punished according to the management authority.

(25) The Municipal Transportation Bureau is responsible for the supervision and management of national and provincial highway construction, adoption and transfer of ordinary highways, and shall, in accordance with the construction, management and transfer plan approved by the local people’s government and relevant regulations, promptly clarify or adjust the custody responsibilities of relevant units during the project construction period and the adoption institutions after the completion, and strengthen the supervision and management of project adoption and transfer.

VI. Others

(26) departments at all levels should earnestly strengthen the building of a clean government, improve the working mechanism, strengthen the management of projects and personnel, plug management loopholes from the system and mechanism, establish and improve a long-term mechanism for preventing and punishing corruption, build sunshine transportation, and enhance the image of the industry.

(27)This opinion is fromIt will come into force on August 1, 2018 and will be valid for 5 years.

　

　

　

Hunan Provincial Department of Transportation 　　　

July 12, 2018

Hunan Provincial Department of Communications Office 　　　　　　　　　　　　　　　Printed on July 27th, 2018

　　Beijing, September 10 (Reporter Sun Ying) According to the Voice of China report, on the morning of September 8, the Office of the Central Committee for Governing the Country in an All-round Way according to Law held a spiritual expert forum to study the important speech made by General Secretary of the Supreme Leader at the first meeting of the Central Committee for Governing the Country in an All-round Way according to Law. Legal experts and scholars attending the meeting talked about their experience in studying the spirit of the important speech of General Secretary of the Supreme Leader.

　　The first plenary session of the Central Committee for Governing the Country in an All-round Way according to Law formally put forward the proposition of "new ideas, new ideas and new strategies for governing the country in an all-round way according to law". Zhang Wenxian, vice president of china law society, believes that "new ideas" can be summarized by these key words — — The party leads the rule of law; People’s subject; Good law and good governance; A powerful country in France. Zhang Wenxian said that General Secretary of the Supreme Leader has repeatedly quoted the Legalist classic that "those who serve the law are strong, and those who serve the law are weak, and the country is weak", and has deeply analyzed the experience and lessons on the rule of law for many times, guiding the whole party and the people of the whole country to unswervingly follow the road of strengthening the country by serving the law, and giving full play to the leading and normative role of the rule of law in economic development, political clarity, cultural prosperity, social justice, good ecology, and national peace and security.

　　Fu Zitang, a professor at Southwest University of Political Science and Law, analyzed in his speech that the party’s leadership must be strengthened to govern the country in an all-round way according to law, and the relationship between the party and the rule of law is the core issue of the rule of law. He said: "General Secretary of the Supreme Leader pointed out that ‘ The relationship between the party and the law is a fundamental problem. If it is handled well, the rule of law, the party and the country will flourish. If it is not handled well, the rule of law, the party and the country will decline ’ . The leadership of the party is consistent with the rule of law. The socialist rule of law must uphold the leadership of the party, and the leadership of the party must rely on the socialist rule of law. "

　　It is the core work and key task of the Central Committee for Governing the Country by Law to study and formulate the construction plan of China ruled by law. Wang Liming, a professor at Renmin University of China, analyzed: "Through this plan, we can ensure that the CPC Central Committee takes the overall situation and coordinates all parties, form a top-level design of rule of law construction, and eliminate the adverse effects of departmental interests, local interests and other interest groups in rule of law construction, and avoid the imbalance in rule of law construction. As Shenzi said: ‘ Dharma practitioners are not from the world, not from the ground, but from the world, which is in line with people’s hearts. ’ Only the rule of law construction plan that reflects the people’s dominant position and reflects the needs of the people is a scientific and reasonable plan. "

　　The General Secretary of the Supreme Leader pointed out: "It is necessary to promote the socialist core values to run through all aspects of legislation, law enforcement, justice and law-abiding, so that the socialist rule of law can become good law and good governance." Zhuo Zeyuan, a professor at the Central Party School (National School of Administration), analyzed that the embodiment of core values in legislation should be transformed into norms of entities and procedures, not simple principles. Zhuo Zeyuan said: "Tell people and society what is good and what is bad;" What is right and what is wrong; What is advocated by law and what is opposed by law; What is legal and what is illegal; What is just and what is unjust should be expressed through legislation. "

　　Governing the country according to law in an all-round way is a broad and profound revolution in the field of state governance, which will inevitably lead to many adjustments in the state governance system and governance structure. Ma Huaide, a professor at China University of Political Science and Law, suggested that the Central Office of Governing the Country according to Law should focus on three tasks: First, the Office of Governing the Country according to Law should strengthen supervision and assessment; The second is to strengthen the evaluation and construct a scientific index system of governing the country according to law; The third is incentive and accountability.

　　Since the reform and opening up, China’s law education has made great progress. According to incomplete statistics, China’s universities have set up 627 undergraduate programs in law, 197 authorized programs for master’s degrees in first-class disciplines in law, 243 authorized programs for master’s degrees in law and 50 authorized programs for doctoral degrees in first-class disciplines in law. Many experts expressed their views on how to give full play to the basic and leading role of legal education in comprehensively governing the country according to law, and improve the level of legal education and the quality of training talents under the rule of law.

　　Chun Wong, a professor at China University of Political Science and Law, analyzed: "Under the background of such a large scale and quantity of legal education, it is particularly important to strengthen the quality of training talents under the rule of law, because training and bringing up a group of outstanding talents under the rule of law who are familiar with and adhere to the rule of law system in Socialism with Chinese characteristics is an important guarantee for comprehensively promoting the rule of law."

　　Xinhua News Agency, Shanghai, September 7th (Reporter Jia Yuankun) On September 7th, the first domestic large-scale cruise ship "Aida Modu" slowly left Waigaoqiao Shipbuilding Terminal 4 under the tug, and started a new voyage of completion verification. This is the first trial successfully completed on July 24th. After a lapse of 45 days, we set sail again and fully implemented the final trial plan, which is also the last trial before delivery.

　　On September 7th, the first domestic large-scale cruise ship "Ada Modu" started a new voyage of completion verification, and fully implemented the final completion trial plan, which was also the last trial before delivery. (Photo courtesy of Shanghai Waigaoqiao Shipbuilding)

　　The completed sea trial will test and inspect more than 90 sea trial items of 31 debugging procedures, including regional vibration and noise test, waste gas washing, desulfurization, general broadcast alarm sound pressure, etc., and will focus on diesel-heavy oil conversion, testing speed and durability tests under heavy oil conditions, unmanned engine room and other projects.

　　In order to ensure the success of the trial, Shanghai Waigaoqiao Shipbuilding Co., Ltd. specially set up a trial completion working group, with Chen Gang, the general manager and chief designer of the large-scale cruise project as the chief commander, and a maritime command center and a shore-based support center. The two centers have a navigation test group, a logistics support group and 13 professional groups, each of which performs its own duties to form a joint force and solidly promote the various tasks of the trial completion. More than 1,300 ship owners, ship inspectors, contractors, service providers and Waigaoqiao shipbuilding engineers and technicians participated in the completion trial.

　　Chen Gang introduced that the first trial was mainly to preliminarily verify the functions of the system, and to test the related overall performance, vibration and noise indicators, etc. The completed trial will comprehensively verify the navigation system, propulsion system, power station management system, fire alarm system and broadcasting system of the whole ship, as well as the functions of the automated smart grid, vibration and noise, and safe return to Hong Kong.

　　Large-scale cruise ships, together with large-scale LNG carriers and aircraft carriers, are called the "three pearls in the crown" of shipbuilding industry. It is extremely difficult to design and build, and it is a landmark project that reflects a country’s industrial strength and scientific and technological level. The trial verification of the first domestic large-scale cruise ship "Aida Modu" is advanced as scheduled, and it is planned to be named and delivered at the end of this year. China’s shipbuilding industry will soon officially gather these "three pearls", and the high-quality development level of shipbuilding industry will be further improved.