Regulations of Jiangsu Province on Administration of Comprehensive Agricultural Development
时间:2016-04-06  浏览次数: 196

Regulations of Jiangsu Province on Administration of Comprehensive Agricultural Development

(Adopted at the Eighteenth Meeting of the Standing Committee of the Twelfth People’s Congress of Jiangsu Province on September 25, 2015)

 

Chapter I  General Provisions

Article 1 These Regulations are enacted in accordance with the relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purpose of standardizing activities in comprehensive agricultural development, upgrading the comprehensive agricultural development level, and promoting the development of agriculture and rural economy.

Article 2 These Regulations shall apply to comprehensive agricultural development and its supervision and management within the administrative region of this Province.

The term “comprehensive agricultural development” (hereinafter abbreviated as CAD) as used in these Regulations refers to activities of comprehensive development and exploitation of agricultural resources in projects funded by the CAD fiscal fund and other funds as approved by the State or the provincial competent CAD department.

Article 3 CAD shall follow the principles of overall planning, adaptation to local conditions, dominance of the sector, project-driven mechanism, intensive development, and stress on beneficial results.

CAD shall stick to the coordination of economic, social and ecological benefits, boost the high-standard farmland construction, the industrialized operation of agriculture and the exploitation of agricultural reserve resources, increase the comprehensive capacity of agricultural production, promote both agricultural efficiency and farmers' income, and safeguard and improve the ecological environment of agriculture and rural areas.

Article 4 A management system of CAD counties shall be practiced in CAD. CAD counties refer to those counties (cities or districts) which meet the requirements for CAD as verified by the competent CAD department of the State or the Province. The addition, suspension, restoration, revocation and quit of CAD counties shall be implemented in accordance with relevant State and provincial regulations.

Article 5 The people's governments of the Province, cities divided into districts and CAD counties shall strengthen its leadership over CAD work, incorporate CAD into the national economy and social development planning of their specific region of administration, and coordinate to solve the major problems in the work of CAD.

Article 6 The provincial competent CAD department shall, according to the division of duties, be responsible for the administration of CAD in the whole province. The competent CAD department of cities divided into districts and CAD counties shall, according to the division of duties, be responsible for the administration of CAD in their specific regions of administration.

The development and reform commission and the departments of agriculture, offshore fishery, forestry, water conservancy and land resources shall, according to their respective duties, do well in CAD-related work.

The local people's government of the towns (townships) carrying out CAD projects shall specify the organs and personnel in charge to do well in CAD-related work..

Article 7 The competent CAD department shall organize the compilation of CAD planning which will serve as a guideline for CAD and its management.

The planning of CAD shall conform to the national economic and social development plan, the overall plan for land use, the development plan of agriculture and rural economy and the integrated water resource plan, and link up with relevant special programs.

Chapter II Project Administration

Article 8 CAD projects include state CAD projects and provincial ones. State CAD projects mainly include land management projects, industrialized operation projects and other CAD projects set up by the State; provincial CAD projects mainly include projects concerning the comprehensive development of old riverbed area of the Yellow River, hilly and mountainous areas, coastal mudflats, riverside sandy soil and coal mining subsidence areas and other CAD projects set up by the Province.

Article 9 The local people's governments of the CAD counties and the towns (townships) under their jurisdiction may apply for national CAD projects of land rehabilitation. The following requirements shall be met in the application for national CAD projects of land rehabilitation:

(1) it shall conform to the overall planning for land uses;

(2) there shall be a clear demarcation for the area with a guarantee of water source and basic key projects of irrigation and drainage;  

(3) the pieces of land to be developed and rehabilitated are connected to each other, and the development and rehabilitation of them can effectively improve the production conditions and ecological environment there;

(4) it has been approved by the convention of representatives from the village which owns the pieces of land to be developed and rehabilitated or agreed upon by two-thirds of the villagers concerned; and

(5) it has met the other requirements as prescribed by the competent CAD department of the State and the Province.

Article 10 Business entities like farmers' specialized cooperatives and agro-related enterprises may apply for national CAD projects of industrialized operation.  The following requirements shall be met in the application for national CAD projects of industrialized operation:

(1) it shall conform to industrial policies and industrial development planning;

(2) there shall be a clear advantage in resources and distinctive regional characters;

(3) there shall be a definite object of development and the project will play an exemplary and leading role with high expectation of benefits;

(4) they shall be able to raise funds for the construction of the project and be able to implement the project;

(5) the construction of the project shall meet the requirements of ecological environment protection and resource conservation and utilization; and

(6) it has met the other requirements as prescribed by the competent CAD department of the State or the Province.

Article 11 The local people's governments of the towns (townships) under the jurisdiction of CAD counties, farmers' specialized cooperatives, agro-related enterprises, family farms and planting and breeding farmers may apply for provincial CAD projects. The following requirements shall be met in the application for provincial CAD projects:

(1) it shall be within the area of agricultural land reserve;

(2) the utilization form shall suit the characteristics of the resources and conform to the regional industrial planning;

(3) importance shall be attached to both protection and development and there shall be a definite object of development with high expectation of benefits;

(4) it shall be closely connected with farmer's benefits and considerably increase local farmer's income; and

(5) it has met the other requirements as prescribed by the competent CAD department of the Province.

Article 12 The following procedures shall be observed in the application of CAD projects:

(1) the competent CAD department of the Province or cities divided into districts releases the project application guide;

(2) the applicant submits its application materials to the competent CAD department of CAD counties who relays the application materials to the competent CAD department of the Province or cities divided into districts; where the applicant is the local people's government of CAD counties, it shall submit its application materials directly to the competent CAD department of the Province;

(3) the competent CAD department of cities divided into districts and CAD counties shall, in accordance with the administrative authority, carry out an on-site inspection for the applied project;

(4) the provincial competent CAD department shall organize or entrust the competent CAD department of cities divided into districts to organize the project review;

(5) the competent CAD department of the Province, cities divided into districts and CAD counties shall publicize the projects to be approved;

(6) the provincial competent CAD department shall endorse the approval of projects or entrust the competent CAD department of cities divided into districts to do so;and

(7) national CAD projects shall be reported to the competent CAD department of the State for record, and projects endorsed by the competent CAD department of cities divided into districts shall be reported to the provincial competent CAD department for record.

Article 13 The competent CAD departments shall formulate and totalize the annual implementation plans for the projects level by level.

The approved implementation plans for the projects shall not be arbitrarily adjusted or altered; where, under special circumstances, it is absolutely necessary to do so, it shall be reported for approval in accordance with specified procedures and authorities.

Article 14 Such systems as bidding system, project supervision system, and system of information disclosure for funds and projects shall be practiced in CAD projects as stipulated by the State and the Province.

In the construction of national CAD projects of industrialized operation and provincial CAD projects, the project executor may invest in advance and be subsidized with the CAD funds after passing the acceptance test upon the completion of project.

Article 15 The competent CAD department shall organize an acceptance test upon the completion of CAD projects. The competent CAD department of cities divided into districts shall be responsible for the organization of acceptance test upon the completion of CAD projects within its administrative region; the provincial competent CAD department shall be responsible for the spot check of the acceptance tests upon the completion of CAD projects in the Province. The results of acceptance tests will serve as a basis for the next year's project planning.

The system of acceptance accountability and the investigation system of responsibilities shall be established for the acceptance test of CAD projects.

Article 16 The subject of management and maintenance shall be specified and the transfer formalities shall be met promptly in accordance with the following provisions after the acceptance test has been passed upon the completion of CAD projects applied by the local people's governments of the CAD counties, towns and townships.

(1) The subject of management and maintenance for village projects shall be determined by the villagers' committee or the village collective economic organization;

(2) The subject of management and maintenance for cross-village projects shall be determined by the people's government of the town (township);and

(3) The subject of management and maintenance for cross-town (township) projects shall be determined by the people's government of the CAD counties;

Expenses for the management and maintenance of CAD projects applied by the local people's governments of the CAD counties, towns (townships) shall be calculated and withdrawn at the proportion as provisioned, and the shortfall, if any, shall be made good by the fiscal budget of the CAD counties where the projects are located. Funds for the management and maintenance allocated from the CAD county finance may be used to pay the salaries or allowances of management personnel.

The CAD projects applied by farmers' specialized cooperatives, agro-related enterprises, family farms, and planting and breeding farmers shall be managed and maintained by the applicants.

Chapter III Fund Management

Article 17 The CAD funds include:

(1) financial funds allocated for CAD projects by the State and the Province;

(2) financial funds invested in national or provincial CAD projects by the cities divided into districts and the CAD counties;

(3) funds raised by the project construction units; 

(4) financial and social funds raised through such preferential policies as financial subsidies and discount loans, etc.; and

(5) other funds.

Article 18 The financial department of the Province, cities divided into districts and the CAD counties shall incorporate the CAD funds into the annual budget and ensure their allocation in time and in full amount.

Article 19 The competent CAD department shall perfect the fund-raising mechanism and attract social funds by way of financial subsidies and discount loans to increase investment in CAD projects.

Article 20 The CAD funds shall be managed in accordance with the scope of fund use and financial accounting systems as stipulated by the competent CAD department of the State and the Province, and the funds shall be managed by specially appointed personnel with separate accounts for exclusive purposes.

The county-level reimbursement system shall be practiced for the use of CAD funds.

Article 21 Where the approved CAD projects cannot be implemented further, the competent CAD department of the CAD counties shall apply for their termination, and when approved by the competent CAD department of the State and the Province, the financial funds shall be withdrawn level by level. Where it is otherwise provided for by the State, the provisions shall prevail.

Article 22 Upon the completion of CAD projects, the use of project funds shall be audited by the auditing organ of the CAD counties or by qualified intermediary institutions randomly chosen by the competent CAD department through government procurement. The auditing report made by the auditing organ or intermediary institutions shall serve as an important basis for the verification of total financial allocation and the acceptance test of the projects.

The competent CAD department of the CAD counties shall inform the auditing organ in advance by letter of the CAD projects that need to be audited upon their completion, and the auditing organ shall, according to law, organize the annual auditing plan and implement it in time.

Article 23 The competent CAD department of the Province, cities divided into districts and the CAD counties shall carry out performance evaluation of CAD work and performance appraisal of financial funds so as to provide a foundation for the promotion of projects and the management of funds.

Chapter Four Supervision and Liabilities

Article 24 All units and individuals shall have the right to report any violation of laws or regulations in CAD work, and the relevant department shall handle the case in accordance with the law and keep the informants confidential.

Article 25 The competent CAD department of the Province, cities divided into districts and the CAD counties shall establish and perfect a mutually restrictive mechanism of planning, implementation and supervision, conduct supervision and examination over the construction of CAD projects, use of funds and project operation, and accept the supervision of the auditing and supervisory organs.

Article 26 The construction unit of CAD projects shall accept the guidance, examination, test for acceptance and investigation of reports by the competent CAD department and accept the supervision of the auditing and supervisory organs. Any problem found therein shall be rectified in time.

Article 27 The competent CAD department shall strengthen its supervision over the lack of credibility among the applicants of CAD projects and those units or individuals participating in such activities as the design, review, construction, supervision and acceptance test of CAD projects.

Article 28 Any violation of the provisions of these Regulations in the following circumstances shall be corrected  within a time limit as ordered by the provincial competent CAD department according to its administrative authority; where no corrections are made within the time limit, scale of investment shall be reduced as stipulated for the next year's CAD projects in the CAD counties where the projects are located; where the case is serious, the CAD counties shall be suspended or disqualified for their right in CAD projects:

(1) where the fiscal funds are not allocated in time and in full amount according to the approved plan;

(2) where the prescribed procedures are not followed in the adjustment, alteration or termination of the project plan;

(3) where the time of project construction is extended without authorization;

(4) where the problems found in the guidance, examination, test for acceptance and investigation of reports by the competent CAD department and in the supervision of the auditing and supervisory organs are not rectified in time;

(5) where the CAD funds are not managed in accordance with the scope of fund use and financial accounting systems, the county-level reimbursement system is not practiced, and the funds are not managed by specially appointed personnel with separate accounts for exclusive purposes;

(6) where the CAD funds are swindled, appropriated, embezzled, intercepted or retained; or

(7) where the project has not passed the annual acceptance test upon its completion.

Article 29 Where such project applicants as farmers' specialized cooperatives, agro-related enterprises and family farms swindle CAD funds, the competent CAD departments shall recover the swindled CAD funds level by level, confiscate the illegal gains, and impose a fine of more than 10 percent but less than 50 percent of the swindled money; the people directly in charge or other people directly responsible shall be fined more than 3,000 yuan but less than 50,000 yuan; where a crime is constituted, the criminal liabilities shall be investigated according to law.

Article 30 Anyone who breaks, damages or steals the engineering facilities of CAD projects shall be held liable for compensation according to law; activities contravening public security management regulations shall be punished according to the Law of the People's Republic of China on Administrative Penalties for Public Security; where a crime is constituted, the criminal liabilities shall be investigated according to law.

Article 31 The staff members of the competent CAD department and other departments who abuse their powers, neglect their duties, or engage in malpractice for personal gains in CAD work shall be given administrative sanctions according to law; where a crime is constituted, the criminal liabilities shall be investigated according to law.

Chapter V Supplementary Provisions

Article 32 Where state-owned farms and related provincial units are approved by the competent CAD department of the State and the Province to carry out CAD work, the relevant provisions of these Regulations shall be observed.

Where cities divided into districts and counties (cities or districts) carry out comprehensive development of agricultural resources with CAD fiscal funds, it shall be handled with reference to these Regulations.

Article 33 These Regulations shall come into effect as of January 1, 2016.

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