To guarantee the smooth operation of the green passage for key investment attraction projects and increase the quality and efficiency of supervision of the green passage, in accordance with the Provisional Regulations on Investigation and Affixation of Responsibility for Damaging Investment Soft Environment by Guangxi CPC Commission for Inspecting Discipline and Guangxi Supervisory Department, and Nanning¡¯s Implementation Regulations on the Green Passage for Key Investment Attraction Projects, the operating rules are hereby formulated.
Article 1 After the approval by the joint conference on the green passage for key investment attraction projects, the Supervision Group of the Office of the Green Passage shall carry out the entire process supervision of the progress of the projects in the green passage.
Article 2 The rules are applicable to the related departments (units) and the staff involved in the projects in the green passage in Nanning:
1. The counties, urban districts, and development zones, the related departments directly under Nanning Municipal Government, and the personnel concerned involved in the projects of the green passage;
2. The investment enterprises, investors, and concerned persons of the projects of the green passage;
3. Other units, enterprises, and concerned persons involved in the projects of the green passage.
Article 3 Included in the supervision are matters arising out of negotiations, introduction, application, examination and approval, certificates handling, and construction of the projects of the green passage. The major supervision contents include:
1. Matters arising out of the process of negotiations and introduction;
2. Matters arising out of implementing the decisions, resolutions, summary, and completing the work in the course of project introduction;
3. Matters arising out of the application, examination and approval, certificates handling, and construction of the projects of the green passage;
4. Objective and fair supervision of the working efficiency and service quality of the related departments and working staff in the green passage;
5. Preliminary checking of the investors¡¯ and related staff¡¯s complaints and tip-offs against the related departments and working staff in the green passage, and putting forward the comments for addressing the matters in the next step according to the facts.
Article 4 In the course of investment attraction and project introduction, the following acts are forbidden:
1. Incompliance with the state¡¯s policy, casual promises are made so that the investment environment is damaged;
2. The designing, demolishing and removing, and land supply are carried out at odds with the stipulations;
3. The acts of cheating and defrauding.
Article 5 In the course of project application, examination and approval, and certificate handling, the following acts are forbidden:
1. Rudeness to the applicants and improper words and deeds causing conflicts;
2. Unable to complete the work within the time limits;
3. Administrative omission.
Article 6 During the construction of the project in the green passage, the related personnel sent by the counties, urban districts, and development zones to be in charge of the project shall not have the following acts:
1. Not fulfilling the duties or not completely fulfilling the duties;
2. Ineffectiveness in the work and inability to push the smooth progress of the project causing the slow progress of the project;
Article 7 The leaders of governments of various levels, departments, and units shall criticize and educate in time the staff or the units of lower levels for their deeds of damaging the projects in the green passage, and there shall be no screening or conniving, and no addressing of the acts or delaying in addressing of the acts.
Article 8 The staff of the office of the green passage, the project follow-up service group, certificates handling group, and supervision group shall not commit the following acts:
1. Not submitting the materials of the qualified projects;
2. Submitting the materials of the unqualified projects due to a lack of skill in business or employing trickery;
3. Not responsible for the work, not fulfilling the duties, or deliberately placing obstacles.
Article 9 In the implementation of the instructions, decision, and summary of CPC Nanning Committee, Nanning Municipal Government, and the joint conference on the green passage for the key investment attraction projects, the related departments are not allowed to commit the following acts:
1. Not actively fulfilling the duties, but shifting the responsibility onto the upper level;
2. Not effective in the implementation of the instructions, decision, and summary of CPC Nanning Committee, Nanning Municipal Government, and the joint conference on the green passage for the key investment attraction projects;
3. Unable to complete the matters notified by the joint conference on the green passage within the time limits;
4. Not effective in the implementation of the matters notified by the joint conference on the green passage
Article 10 For the units and individuals who violate the stipulations in Articles 4, 5, 6, 7, 8, 9 as above, the key persons in charge of the units and the liability persons shall be criticized by circulating a notice of criticism, punished administratively, transferred, or discharged of the duty by the units concerned according to the limits of authority for cadres¡¯ management and according to the degree of seriousness; and for those who commit crimes, they shall be turned over to the judiciary department for punishment.
For the management personnel from Nanning Municipal Government, or from the counties, urban districts, and development zones of Nanning, the supervision group of the office of the green passage shall propose the comments and report the same to the office of the green passage, and the office of the green passage shall transfer the comments to the supervisory department and units concerned for punishing them.
Article 11 The investors and investment enterprises shall not conduct the following acts:
1. Providing false materials;
2. Irresponsible, inactive, and delay in handling related procedures;
3. The acts of occupying land, money or projects;
4. No input of investment according to the promise, no starting of the work, or delay in starting the work;
5. Slow in the construction progress, or construction without complying with the requirements in the plan.
Article 12 For those who violate the stipulations in Articles 11 above, the following punishment shall be made according to the limits of authority and according to the degree of seriousness:
1. A notice of criticism of the responsible units or individuals shall be circulated;
2. For the management staff and related persons in the investment enterprises, the office of the green passage shall put forward the advice to the investment enterprises that the persons shall be transferred.
3. The office of the green passage shall report the acts to the joint conference on the green passage and the project¡¯s qualification for the green passage shall be cancelled according to the regulations;
4. Suggestions to the departments concerned that the projects shall be cancelled according to China¡¯s laws and regulations, and those who commit crime shall be brought to the judiciary department for punishment.
Article 13 For the units and enterprises involved in the projects of the green passage, if they are required to coordinate with the project construction but fail to do so initiatively, they have other acts disobeying the decisions of the joint conference on the green passage, or they do not provide active cooperation even after supervision and coordination, the office of the green passage shall suggest that related department should punish the person in charge of the unit or the enterprise according to related laws.
Article 14 For the supervision of the acts damaging the project of the green passage, the supervision proposal shall be discussed and confirmed by the joint conference. For the matter of supervision involving in two or more department concerned, the department which is in charge or takes the lead shall be confirmed.
Article 15 When the project is confirmed as a project of the green passage, the supervision group shall classify, number, and register the Notice of Supervision, and Notice of Approval for Supervision. The contents registered shall include the basis, contents, and demands of the supervision, and time for the supervision. When the supervision completed, the time and conclusion shall be contained.
Article 16 Within one working day of project confirmation, the supervision group shall send Notice of Supervision, or Notice of Approval for Supervision to the related county, urban district, development zone, or department directly under Nanning Municipal Government, and under special situation, the notification shall be made by phoning or sending fax at the same time.
Article 17 The supervision items shall be sent in the written forms of Notice of Supervision, or Notice of Approval for Supervision. For the items of great problem and urgency, on-the-spot supervision shall be adopted, and spot check or investigation in secret can also be adopted. The supervision report shall be made in the form of one report for one item.
Article 18 During the supervision, the supervision group shall conscientiously receive the supervision of the related departments and the citizens, obey the working rules strictly, and protect the legal rights and benefits of the person concerned.
Article 19 The Office of the Joint Conference on the Green Passage shall be responsible for the explanation of the rules.
Article 20 The rules shall be effective as of the date of publishing.
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