Rural Road Construction Management Measures (Ministry of Transport of the People's Republic of China Order No. 4 of 2018)

     The "Rural Road Construction Management Measures" was adopted by the 25th Ministerial Meeting on December 27, 2017, and agreed by the Ministry of Finance, and is hereby published. It shall come into force from June 1, 2018.

April 8, 2018

Chapter I General Provisions

Article 1 In order to regulate the construction and management of rural roads, promote the sustainable and healthy development of rural roads, according to the "Highway Law", "Highway Safety Protection Regulations", "Construction Project Quality Management Regulations", "Construction Project Safety Management Regulations" and other laws, administrative regulations and relevant provisions of the State Council, the development of these measures.

　　Article II of the management of new construction, reconstruction and expansion of rural roads, the measures shall apply.

　　The rural roads referred to in these measures are included in the rural road planning, and in accordance with the technical standards of highway engineering construction of county roads, township roads, village roads and their affiliated facilities, including rural roads identified by the provincial transport authorities and included in the statistical annual report mileage. Highways include highway bridges, tunnels and ferries.

　　County roads refer to inter-county roads other than national and provincial highways, as well as roads connecting the seat of the county-level people's government with the seat of the township-level people's government and the main commodity production and distribution areas.

　　Country roads are inter-county roads other than county roads and county roads and inter-county roads and roads connecting the seat of the people's government at the township level and the village.

　　Village roads are in addition to township roads and township roads other than grade roads connecting the village and the village, the village and the natural village, the village and the external road, but does not include the village streets and lanes and farmland between the machine farming road.

　　Article III of the rural road construction should follow the government-led, graded responsibility, safety first, to ensure quality, ecological and environmental protection, according to the principle of local conditions.

　　Article IV Ministry of Transport is responsible for the national highway construction industry management.

　　County-level local transportation authorities in charge of the administrative region based on the responsibility of the construction and management of rural roads, county-level transportation authorities are specifically responsible for guiding and supervising the construction and management of rural roads, village roads.

　　Article 5 county-level people's government shall implement the main responsibility for the construction of rural roads in the administrative region in accordance with the relevant provisions of the State Council, the quality and safety of rural road construction is responsible for the implementation of financial protection mechanisms, strengthen and standardize the construction and management of rural roads, strict ecological environmental protection, support and promote the green and sustainable development of rural roads.

　　Township-level people's government is responsible for the administrative area of the township road, village road construction and management.

　　Village committees under the guidance of the people's government at the township level, in accordance with the villagers' voluntary, democratic decision-making principles and a discussion system to organize the construction of village roads.

　　Article VI of the rural road construction projects to implement the project owner responsibility system. Project owners should have the appropriate management and technical capabilities of the construction project.

　　Encourage the selection of specialized agencies to perform the duties of the project owner.

　　Article VII rural highway construction projects in accordance with the scale, function, technical complexity and other factors, divided into important rural highway construction projects and general rural highway construction projects.

　　Provincial transport authorities can work with the relevant departments at the same level to determine the specific criteria for the division of important rural highway construction projects and general rural highway construction projects, and can be based on relevant regulations and these measures, combined with the actual situation in the region to simplify the construction procedures of general rural highway construction projects.

　　Article VIII encourages the application of new technologies, new materials, new techniques, new equipment in the construction of rural roads to improve the quality of construction.

　　Under the premise of ensuring the quality of rural road construction, encourage the integration of old road resources, processing of waste materials suitable for road construction, etc. for rural road construction, and promote the recycling of resources.

　　Encourage the use of design, construction and acceptance after a certain period of maintenance work combined implementation of the "construction and maintenance integration" model.

　　Article IX above the municipal level, the local transport authorities shall use randomly selected construction projects, randomly selected inspectors, the inspection of the public way, the rural road construction projects for supervision and inspection. Inspection ratio determined by the provincial transport authorities.

　　County-level transport authorities should achieve full coverage of rural road construction project supervision and inspection.

　　Encourage the commissioning of highway design, construction, supervision and inspection units qualified to carry out supervision and inspection.

　　Article X of the rural road construction project annual plan, subsidy policy, bidding, construction management, quality supervision, use of funds, project acceptance and other information should be open to the public in accordance with the relevant provisions of the Ministry of Transport, accepting social supervision.
 

Chapter II Planning Management

　　Article XI of rural road construction planning should be consistent with the national economic and social development planning, land use planning, and urban and rural planning, national roads, provincial roads and other modes of transport development planning coordination.

　　Article XII of the county road construction planning by the county-level transport authorities in conjunction with the relevant departments at the same level, after the county people's government for approval, reported to the higher level of the people's government for approval.

　　Township roads, village roads construction planning by the county-level transportation departments to assist the preparation of the people's government at the township level, reported to the county-level people's government for approval.

　　Approved rural road construction planning, should be reported to the approving authority of the higher level of transport authorities for the record.

　　Article XIII of rural highway construction planning unit shall be prepared in the construction planning synchronization of rural highway construction planning project library, with the construction planning and fulfill the approval and filing procedures.

　　Rural road construction planning project library to implement dynamic management, according to the need for regular adjustment. Project library adjustment should be reported to the original approving authority for approval, and reported to the approving authority of the higher level of the competent transport department for the record.

　　Article XIV above the county level local transportation department shall be based on rural road construction planning project bank, taking into account financial investment, annual construction priorities, maintenance capacity and other factors, in conjunction with the relevant departments at the same level to prepare the annual plan for rural road construction projects.

　　Not included in the rural road construction planning project library of construction projects, shall not be included in the annual plan.

　　Rural highway construction projects annual plan preparation and approval procedures developed by the provincial transport authorities.

Chapter III construction funds

　　Article XV of rural road construction funds should be in accordance with relevant state regulations, included in the local government budget at all levels.

　　Rural highway construction should gradually establish and improve the financial input, supplemented by multi-channel financing mechanism.

　　Encourage the use of rural road resources development, financial support, donations, donations and other ways to raise funds for rural road construction.

　　Article XVI above the county level local transportation authorities shall, in accordance with their responsibilities, establish and improve the rural road construction funds management system, strengthen the supervision of the use of funds.

　　Article XVII by the central government to give investment support for rural road construction projects, should be in accordance with the relevant provisions of the project and the use of funds in a timely manner to the relevant departments for the record.

　　Article XVIII of the rural road construction funds should be paid in accordance with relevant provisions in a timely manner. Has been included in the construction plan of the project can be used to "build first and then subsidize" and other ways to organize the construction.

　　Vehicle purchase tax subsidy funds should be used entirely for construction projects construction and installation project cost expenditure, shall not be extracted from the consulting, review, management and other costs, but the central government full investment in construction projects.

　　Article XIX of the rural road construction funds should be used in accordance with the provisions of the relevant departments to supervise and inspect.

　　Any unit, organization or individual shall not intercept, squeeze, misappropriation of rural road construction funds.

　　Article 20 rural road construction shall not increase the burden on farmers, shall not harm the interests of farmers, shall not use coercive means to units and individuals to raise funds, shall not force farmers to work, prepare materials.

　　Article 21 rural highway construction shall not default on construction and migrant wages, not to default on land requisition and relocation payments.

Chapter IV construction standards and design

　　Article 22 The construction of rural roads should be based on the actual situation in the region, a reasonable determination of the technical level of the road, and in line with the relevant standards and norms and the provincial transport authorities above the relevant requirements.

　　Article 23 The design of rural roads should do a good job of arable land, especially permanent basic farmland, water conservancy facilities, ecological environment and the protection of cultural relics and monuments.

　　The conditions of the local design of rural roads can be combined with tourism and other needs to set up rest areas, viewing platforms.

　　Article 24 of the rural highway design should be undertaken by the appropriate qualified design units.

　　Important rural highway construction projects should be preliminary design and construction drawings. General rural highway construction projects can be directly to the construction plan design, and can be multiple projects together.

　　Article 25 rural highway construction project design documents by the county level or higher local transportation authorities in accordance with the relevant provisions of laws and administrative regulations for approval, the specific approval authority by the provincial transportation authorities to determine.

　　Rural highway construction projects or major design changes should be reported to the original design approval department for approval.

Chapter V construction

　　Article 26 The rural highway construction land should be in line with land use standards, and in accordance with relevant state regulations.

　　Article 27 The rural highway construction project requires land acquisition and demolition, should be in accordance with the local people's government to determine the compensation standards to give compensation.

　　Article 28 The rural highway construction project survey, design, construction, supervision, etc. in line with the statutory bidding conditions, shall be tendered in accordance with law.

　　Provincial transportation authorities may prepare model bidding documents for rural highway construction.

　　Article 29 The local transportation authorities above the county level shall work with the relevant departments at the same level to strengthen the guidance and supervision of rural highway construction project bidding.

　　Article 30 important rural highway construction projects should be separate bidding, general rural highway construction projects can be multiple projects together.

　　Article 31 of the rural highway construction project bidding by the project owner is responsible for the organization.

　　Article 32 The rural highway construction project should be selected with the appropriate qualifications of the unit construction. Under the condition of ensuring the quality of the project, the local people can be organized under the guidance of professional and technical personnel to participate in the implementation of general rural highway construction projects in the technical difficulty of the roadbed and ancillary facilities.

　　Article 33 rural highway construction projects by the project owner in accordance with relevant laws and regulations to decide on their own form of project supervision.

Chapter VI quality and safety

　　Article 34 rural highway construction projects shall comply with the quality and safety supervision and management of engineering regulations.

　　Article 35 The rural highway construction project shall set the warranty period and quality deposit. Important rural highway construction projects warranty period in 2 to 3 years, the general rural highway construction projects warranty period in 1 to 2 years, the specific period agreed by the project owner and the construction unit in the contract, calculated from the date of acceptance of the project delivery. Quality deposit can be set aside from the construction project funds or paid in the form of a bank guarantee, set aside or pay the proportion should be in line with relevant state regulations.

　　Quality defects occurring within the warranty period, the construction unit is responsible for repair. The construction unit can not be repaired, the project owner is responsible for organizing the repair, repair the related costs incurred from the quality deposit deducted, the shortfall is borne by the construction unit.

　　Warranty period expires and the quality defects are effectively disposed of, the quality deposit set aside should be returned to the construction unit.

　　Article 36 The provincial transportation department shall establish a credit evaluation system for rural highway construction, by the county-level transportation department of rural highway construction project units for evaluation, and the implementation of the corresponding joint creditworthy incentives and joint discipline for failure.

　　Article 37 The rural road construction project shall be set up in accordance with relevant standards of traffic safety, protection, drainage and other ancillary facilities, and with the main project design, construction, and put into use at the same time.

　　Article 38 encourages the employment of technical experts or mobilize local mass representatives to participate in the quality and safety supervision of rural highway construction projects.

　　Article 39 to encourage the implementation of standardized construction, concrete mixing, prefabricated components, steel processing and other implementation of factory management to improve the quality of construction.

Chapter VII project acceptance

　　Article 40 After the completion of rural road construction projects, should be organized in accordance with the relevant state provisions of the handover, completion acceptance. Without acceptance or acceptance of unqualified, shall not be delivered.

　　General rural highway construction project delivery, completion acceptance can be combined, and can be multiple projects together.

　　Article 41 of rural road construction projects by the project owner to organize the acceptance of delivery, by the county level or above, the competent local transportation departments in accordance with the project management authority to organize the completion of acceptance. Delivery, completion inspection and acceptance of the combined project, by the county level or more local transportation authorities in accordance with project management authority to organize acceptance.

　　By the county level or above the competent local transportation departments to organize the acceptance of rural road construction projects, should invite the same level of public security, production safety supervision and management and other relevant departments to participate in the acceptance results reported to the higher level of transport authorities for the record.

　　Local transportation departments above the municipal level should be the project acceptance as an important element of supervision and inspection.

　　Article 42 The acceptance of rural road construction projects, acceptance units shall be in accordance with the design documents and project contract, the organization of quality appraisal testing, approval of the amount of work.

　　Article 43 The rural highway construction projects in the delivery acceptance found that there are quality defects and other problems, by the construction unit to complete the rectification period.

　　Article 44 of the rural highway new projects after the acceptance of delivery, before opening traffic, and handed over to the management and maintenance units.

　　County-level transportation departments should be organized in a timely manner to do basic data statistics, updates and construction data archiving work.

　　Article 45 The provincial transport authorities can be based on the "highway project completion (delivery) acceptance" and "highway engineering quality inspection and evaluation standards", combined with the actual situation in the region, the specific rural highway construction project acceptance procedures.

Chapter VIII Legal Liability

　　Article 46 violation of the provisions of these measures, one of the following circumstances, by the competent department of transport or by its recommendations to the local people's government of the responsible unit to be notified and criticized, the deadline for rectification; the circumstances are serious, the person responsible shall be given administrative sanctions.

　　

　　(A) in the process of raising funds for the construction of rural roads, forced units and individuals to raise funds, forcing farmers to contribute to the work, preparation of materials.

　　(B) unauthorized reduction in compensation standards for land acquisition, or default on construction, land acquisition and relocation payments and wages of migrant workers.

　　Article 47 violation of the provisions of these measures, rural road construction funds are not paid on time, or retention, squandering, misappropriation of construction funds, by the relevant transport authorities or by its recommendations to the local people's government of the responsible units to inform and criticize, rectify; the circumstances are serious, the person responsible shall be given administrative sanctions.

　　Article 48 violation of the provisions of these measures, the rural highway construction projects without the delivery acceptance that open traffic, the competent transport department shall order the cessation of use, the deadline for correction.

　　Article 49 of the rural highway construction projects occurring bidding violations, according to the "Bidding and Tendering Law" "Bidding and Tendering Law Implementation Regulations" and other relevant provisions, the relevant responsible units and persons responsible for the punishment.

　　Article 50 of the rural highway construction projects occurring subcontracting, illegal subcontracting and other quality and safety violations, according to the "construction project quality management regulations" "construction work safety management regulations" and other relevant provisions, the responsible units and responsible persons to give punishment.

Chapter IX By-laws

　　Article 51 These measures shall come into force on June 1, 2018. 27 January 2006 to the Ministry of Communications Order No. 3 of 2006 issued by the "rural road construction management measures" shall be repealed at the same time.