Jilin City People's Government Office

Notice on the issuance of Jilin City Emergency rescue and disaster relief project construction management measures

Yoshimi City Office Regulation (2023) No. 2

The county (city) district people's Government, the development zone management Committee, the municipal government commissions and bureaus, directly under the government:

　　The "Jilin City Emergency Rescue and Disaster Relief Project Construction Management Measures" has been discussed and adopted at the 4th Executive meeting of the Municipal Government in 2023, and is now issued to you, please follow it carefully。

Jilin City People's Government Office

May 24, 2023

Measures for the Administration of emergency rescue and disaster relief construction of Jilin City

　　Article 1 In order to further improve the emergency rescue and disaster relief mechanism，Standardize the construction and management of emergency rescue and disaster relief projects，In accordance with the Emergency Response Law of the People's Republic of China, the Tendering and Bidding Law of the People's Republic of China, the Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China, the Regulations on Government Investment and other laws and regulations，Combined with the actual situation of the city，Formulate these measures。

　　Article 2 These Measures shall apply to the identification, construction and supervision of emergency rescue and disaster relief projects within the administrative areas of this Municipality。

　　Article 3 The term "emergency rescue and disaster relief projects" as mentioned in these Measures refers to the emergency construction projects triggered by emergencies, which have major safety hazards, are occurring or about to occur serious hazards, and must take immediate emergency measures。

　　Article 4 The emergency rescue and disaster relief projects mentioned in these Measures include the following construction projects:

　　(1) Water and soil conservation, environmental protection, afforestation, fire prevention and other emergency restoration projects caused by natural disasters and other force majeure factors。

　　(2) emergency reinforcement of waterworks such as flood control, drainage and water supply, and drainage and dredging works。

　　(3) landslide, landslide, debris flow, ground collapse, ground settlement and other geological disaster rescue and control projects。

　　(4) roads, Bridges, rail transit and other transportation facilities rush, guarantee, repair, temporary disposal and technical evaluation projects。

　　(5) Emergency repair works for building construction and public facilities such as municipal and environmental sanitation。

　　(6) Engineering measures that must be taken to deal with inflammable and explosive and other hazardous goods。

　　(7) Other emergency rescue and disaster relief projects that require measures to be taken after the occurrence of natural disasters, accidents, public health events, social security events, etc。

　　Article 5 Emergency rescue and disaster relief works must meet all the following conditions:

　　(1) caused by natural disasters, accidents, public health events, social security events and other emergencies。

　　(2) It is necessary to take immediate measures, and failure to take emergency measures to eliminate the risk (disaster) situation may cause greater losses or great social impact on the public interest or people's lives and property。

　　(3) Limited to the specific scope of damage caused by the occurrence of risk (disaster)。

　　Article 6 The management of emergency rescue and disaster relief projects shall follow the principles of "classified management, graded responsibility, standardized and orderly, focusing on efficiency, openness and transparency"。

　　Article 7 The county (city) district government and the administrative committee of the development zone shall strengthen the leadership of the management of emergency rescue and disaster relief projects within the region, improve the working procedures, refine the identification criteria, and organize the implementation according to law。

　　County (city) district governments and development zone administrative committees，Municipal Development and Reform Commission, planning and Natural Resources Bureau, Housing and Construction Bureau, emergency bureau, law enforcement Bureau, Transportation Bureau, ecological Environment Bureau, Water Resources Bureau, health and other departments according to their respective responsibilities，To supervise emergency rescue and disaster relief projects，Do a good job of project approval, contract management, project progress, safety and quality supervision and inspection。

　　The financial department shall be responsible for the daily supervision of the use of funds for emergency rescue and disaster relief projects, and the audit department shall strengthen the audit supervision of the management and use of funds for emergency rescue and disaster relief projects。

　　Article 8 The identification of emergency rescue and disaster relief projects shall be organized in accordance with the following provisions:

　　(1) According to the needs of emergency rescue and disaster relief work, in accordance with the municipal special emergency plan, the emergency rescue and disaster relief command organization is established, the emergency rescue and disaster relief organization as the main body of responsibility and lead unit for the identification of emergency rescue and disaster relief engineering organization, the nature of the project is initially identified and responsible for organizing demonstration。  

　　(2) The use of municipal financial funds or cross-county (city) district, development zone emergency rescue and disaster relief projects，Failing to establish an emergency rescue command organization，The relevant municipal industry departments shall be the responsible subjects and leading units for the identification of emergency rescue and disaster relief engineering organizations，Conduct preliminary identification of project nature and be responsible for organizing demonstration。

　　(3) In addition to the above circumstances, the emergency rescue and disaster relief projects occurring within the administrative region shall be identified by the county (city) district government and the administrative committee of the development zone where the projects are located。

　　(4) The identification of emergency rescue and disaster relief projects of social fund investment projects shall be implemented with reference to the provisions of items (1), (2) and (3) of this article。

　　Article 9 The emergency rescue and disaster relief command organization, the municipal industry competent department, the county (city) district government and the development zone Administrative Committee (hereinafter referred to as the project competent department) responsible for identifying the emergency rescue and disaster relief project shall be based on the actual situation of the region，Take the lead in establishing the expert review Committee for emergency rescue and disaster relief works (hereinafter referred to as the Expert Review Committee) and the joint meeting system。

　　The expert review committee shall employ senior professionals with high theoretical level, technical ability and rich practical experience in the industries involved in emergency rescue and disaster relief engineering to be responsible for carrying out the demonstration, evaluation, emergency plan formulation, construction plan review, technical guidance and on-site command of emergency rescue and disaster relief engineering。The competent department of the project may also entrust qualified third-party professional institutions, which need to have corresponding qualifications, but also meet the qualification requirements, and undertake the relevant responsibilities of the expert review committee。

　　The joint meeting on emergency rescue and disaster relief engineering is organized and convened by the project competent department, and the comprehensive management departments of development and reform, finance, housing and emergency, and other relevant functional departments are the members to coordinate and solve the relevant problems in the process of promoting emergency rescue and disaster relief engineering。

　　Article 10 Emergency rescue and disaster relief projects shall be identified according to the following procedures:

　　(1) For a construction project that has caused serious harm and must take immediate emergency measures, an emergency joint meeting shall be convened under the leadership of the competent department of the project and shall be identified after deliberation and approval by the meeting。The competent department of the project may, as required, organize an expert review committee to evaluate the progress of the project implementation。

　　(2) For construction projects that may cause serious hazards and may have major hidden risks if no urgent measures are taken, the competent department of the project shall organize an expert evaluation committee to evaluate the urgency of the risks and hidden dangers of the project, and the evaluation report shall be submitted to the joint meeting for deliberation and approval。

　　The construction projects mentioned in item (2) of the preceding paragraph, which may cause serious harm and require immediate emergency measures, do not include those construction projects which are predictable, meet the bidding conditions and can be completed in accordance with normal procedures before the occurrence of foreseeable serious harm。

　　After the joint meeting identified as a rescue and disaster relief project, the project competent department shall submit the expert evaluation opinions and the results of the joint meeting to the municipal government for approval, and the relevant departments shall organize the implementation。

　　Article 11 Emergency rescue and disaster relief projects identified in accordance with these Measures shall go through relevant procedures and organize construction in accordance with the following provisions:

　　(1) After the joint meeting determines that it complies with the relevant laws and regulations on bidding and tendering, it may not conduct emergency rescue and disaster relief projects for bidding and tendering, and directly determine the survey, design, construction, supervision and other units。The competent department of the project shall copy the opinion in writing to the departments of development and reform, housing and construction, and finance at the same level。

　　(b) emergency rescue and disaster relief projects need to go through the relevant procedures according to law, the relevant departments shall, within the scope of their functions and powers, simplify the project approval, planning, land use and other related administrative procedures。Where the land is provided in the form of approved appropriation or allocation, the planning and natural resources departments shall first issue the pre-examination and site selection opinions of the land according to law。After obtaining the above documents, the project construction unit shall organize to start construction in accordance with the construction plan reviewed and approved by the expert committee。

　　(3) has caused or is likely to cause serious harm，Failure to take emergency measures may lead to major risks，And the expert review committee demonstrated that the project needs to start immediately，The competent department of the project shall first organize the construction in accordance with the emergency plan formulated by the expert committee，And may entrust the expert committee on-site command，At the same time, the demonstration report and emergency plan will be written to the housing construction, finance and other departments at the same level。In accordance with relevant laws and regulations, the relevant procedures required for follow-up work such as real estate registration can be completed after the commencement of construction。

　　Article 12 The competent department of the project shall establish a reserve pool of emergency rescue and disaster relief engineering teams (hereinafter referred to as the reserve pool)。The reserve includes emergency rescue and disaster relief engineering testing, investigation, design, supervision, cost consulting, construction and other units。The emergency rescue and disaster relief project teams in the reserve shall be determined by means of open recruitment, declaration by professional units and examination by competent departments。The list of the reserve bank shall be published to the public and dynamic management shall be implemented。

　　Article 13 For emergency rescue and disaster relief projects using financial funds, according to the principle of classified and graded management, the competent department of the project shall determine the emergency rescue and disaster relief project teams with corresponding qualifications and capabilities through comparative selection or random selection from the reserve。Due to the special requirements of the project, there is no suitable qualification and ability requirements in the storage pool, the project management department from outside the storage pool through the selection of the project team。

　　For emergency rescue and disaster relief projects invested by social funds, the project construction unit shall select engineering teams with corresponding qualifications and capabilities from the reserve pool or from outside the reserve pool。

　　Article 14 Before an emergency rescue and disaster relief project is implemented, a contract shall be signed。If the contract is not signed due to emergency circumstances, the contract shall be signed within 15 working days from the date of implementation of the project, and the contract shall specify the construction unit, the quantity of the project, the project cost or the method of pricing, the acceptance standard, the construction period, the quality and safety guarantee responsibility, the project quality warranty obligations and the liability for loss compensation。

　　Article 15 The county (city) district government, the administrative committee of the development zone, all relevant departments and units shall strictly identify and manage emergency rescue and disaster relief projects, and shall not expand the scope and conditions of identification without authorization。The responsible units and persons who fail to organize and implement the emergency rescue and disaster relief projects in a timely manner after the occurrence of the emergency (disaster) situation in violation of the regulations shall be held accountable in accordance with the relevant provisions。

　　Article 16 For emergency rescue and disaster relief projects using fiscal funds, financial investment evaluation and payment in installments shall be carried out。After the construction unit starts construction first，The project construction unit shall apply for construction funds (including project cost, design, supervision, construction, etc.) according to the project progress and in accordance with the financial fund allocation procedure.，However, the maximum shall not exceed 80% of the cost of the completed works;After completion and acceptance of the project，The competent department of the project shall send it to the financial investment review at the same level，The financial investment evaluation results shall be submitted to the government at the same level for approval，Pay the balance。

　　Article 17 Where an emergency rescue and disaster relief project caused by a liability accident is paid in advance by the competent department of the project or the project unit, the liability unit or the person responsible for the accident shall be recovered according to law。

　　Article 18 The competent department of emergency rescue and disaster relief projects shall strengthen the supervision of project construction, and do a good job in the supervision and inspection of project construction contract management, use of funds, project progress, safety and quality。

　　Project construction units of emergency rescue and disaster relief projects shall do a good job in the daily management of project construction to ensure the quality and safety of the project。

　　The parties involved in the construction of emergency rescue and disaster relief projects shall, in accordance with the requirements of relevant laws, regulations and rules of construction projects, do a good job in the organization and implementation of project construction, so as to ensure the quality and safety of emergency rescue projects。

　　Article 19 Staff members of relevant departments (units) who abuse their power, engage in malpractices for personal gain or neglect their duties during the implementation of emergency rescue and disaster relief projects shall be held accountable according to law;If the case constitutes a crime, it shall be transferred to a judicial organ for investigation of criminal responsibility according to law。

　　Article 20 These Measures shall come into force on May 25, 2023 and shall be valid until May 24, 2028。

  Policy interpretation:Policy interpretation of "Jilin City Emergency Rescue and Disaster Relief Project Construction Management Measures"

  Source: Jilin City People's Government website