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| Notice of the National Development and Reform Commission on the Implementation of the Regulation on Government Investment | | 国家发展改革委关于做好《政府投资条例》贯彻实施工作的通知 |
| (No. 796 [2019] of the National Development and Reform Commission) | | （发改投资〔2019〕796号） |
| The development and reform commissions of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, and Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市及计划单列市、新疆生产建设兵团发展改革委： |
| The Regulation on Government Investment (Order No. 712 of the State Council, hereinafter referred to as the “Regulation”) was issued recently and shall come into force on July 1, 2019. The Regulation is China's first administrative regulation on government investment, and a summary of the government investment practices over a long period of time. It is a significant legislative accomplishment made in the process of establishing a modern economic system in this country. The issuance and implementation of the Regulation is of vital importance for regulating government investment according to the law, harnessing the strength of government investment, improving the efficiency of government investment, and stimulating the vitality of social investment. To promote the implementation of the Regulation, relevant matters are hereby notified as follows. | | 《政府投资条例》（国务院令第712号，以下简称《条例》）已于近日颁布，于2019年7月1日起施行。《条例》是我国政府投资领域第一部行政法规，是长期以来我国政府投资实践的科学总结，是在贯彻新发展理念、建设现代化经济体系过程中的重要立法成果。这部法规的颁布和实施，对于依法规范政府投资行为、充分发挥政府投资作用、提高政府投资效益、激发社会投资活力，具有十分重要的意义。为了促进《条例》的贯彻实施工作，现就有关事项通知如下。 |
| I. Fully recognizing the significance and urgency of implementing the Regulation | | 一、充分认识贯彻实施《条例》的重要性和紧迫性 |
| The Regulation is specially developed to regulate the government investment activities, and it is another milestone administrative regulation on investment following the Regulation on the Administration of the Confirmation and Recordation of Enterprise Investment Projects. It has solved certain issues in the administration of government investment in China, such as lack of a superordinate law, and poor authority, ineffective guidance, and weak binding effect of the existing regulations and normative documents; and has made concrete institutional arrangements for how to fulfill the new requirements of the CPC Central Committee and the State Council on government investment in a new situation and how to resolve the prominent problems in practices. The Regulation is conducive for us to continue the market-oriented approach, further deepen the reform of investment and financing, accurately understand the functional position of government investment, and maximize the decisive role of market in the allocation of resources; it is conducive to the implementation of high-quality development requirements, preventing risks and making up for shortcomings according to the law, and better playing the role of government investment in optimizing infrastructure supply structure and improving infrastructure supply capacity; it is helpful for us to fulfill the requirements for comprehensive law-based governance, incorporate the administration of government investment into the rule of law, promote the legalization of the functions, authorities, procedures and responsibilities of government investment, and improve the government's abilities in investment by adhering to the rule of law; and it also allows us to regulate the government investment funds and project management, promote the unified use of the funds and effective decision-making in and rigorous supervision of investment projects, and improve the efficiency of government investment. The development and reform commissions at all levels shall fully recognize the significance of the Regulation, make proper preparations for learning, publicizing and implementing the Regulation, and earnestly carry out the provisions of the Regulation in actual practices. | | 《条例》专门规范政府投资行为，是继《企业投资项目核准和备案管理条例》之后投资领域又一部重要的行政法规。它解决了我国政府投资管理缺乏上位法，现有规章、规范性文件权威性不足、指导性不够、约束性不强的问题，对落实新形势下党中央、国务院关于投资工作的新要求、解决实践中的突出问题，作出有针对性的制度安排。加强《条例》的贯彻实施工作，有利于坚持市场化方向、进一步深化投融资体制改革，正确把握政府投资的功能定位、充分发挥市场在资源配置中的决定性作用；有利于贯彻高质量发展要求、依法做好防风险和补短板工作，更好发挥政府投资在优化基础设施供给结构、提升基础设施供给能力中的作用；有利于落实全面依法治国要求、将政府投资管理纳入法治轨道，推进政府投资职能、权限、程序、责任法定化，运用法治思维和法治手段提高政府投资工作能力；有利于规范政府投资资金和项目管理，依法推进资金统筹使用和项目科学决策、严格监管，切实提高政府投资效益。各级发展改革部门要充分认识贯彻实施《条例》的重大意义，认真组织做好学习、宣传和实施前的准备工作，并在实际工作中切实贯彻《条例》的各项规定。 |
| II. Strengthening the training and publicity of the Regulation | | 二、加强《条例》培训和普法宣传 |
1. The development and reform commissions at all levels shall spare no efforts in organizing the learning and training of the Regulation: as the competent investment authorities, the development and reform commissions shall take the lead in learning the Regulation in a bid to fulfill the responsibility of comprehensive administration of government investment. The National Development and Reform Commission (“NDRC”) shall provide an intensive training for its functional departments and the relevant offices of the development and reform commissions at the provincial level; and the development and reform commissions at the provincial level shall be responsible for providing trainings for the investment administration personnel of the functional departments and the development and reform commissions at the city and county levels. The development and reform commissions at all levels shall combine study with practices, learn the Regulation in various forms, consider the Regulation as an important part in relevant trainings, tests, assessments and examinations, constantly improve the capability of fulfilling their duties according to the law, and ensure that all provisions and requirements of the Regulation be strictly implemented.
．．．．．． | | （一）各级发展改革部门要抓紧组织学法培训。发展改革部门作为投资主管部门，履行政府投资综合管理职责，必须率先学好《条例》。2019年7月1日之前，国家发展改革委将对委机关和各省级发展改革委相关处室组织一次集中培训；各省级发展改革委负责对本机关和市、县两级发展改革部门投资管理相关岗位工作人员轮训一遍。各级发展改革部门要学用结合，广泛开展多种形式的学法活动，并在相关学习培训、考核和考试中将《条例》作为重要内容，不断提高依法履职能力，确保《条例》各项规定和要求得到严格执行。
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