Notice of the General Office of the National Development and Reform Commission on Establishing a National Information System for Public-Private Partnership Projects
Fagai Ban Touzi 〔2024〕 No. 151
Development and Reform Commissions of all provinces, autonomous regions, municipalities directly under the Central Government, cities with independent planning status, and the Xinjiang Production and Construction Corps:
To better implement the spirit of the Central Economic Work Conference and in accordance with the requirements of the *Notice of the General Office of the State Council Transmitting the Guiding Opinions of the National Development and Reform Commission and the Ministry of Finance on Standardizing the Implementation of the New Mechanism for Public-Private Partnerships* (Guobanhan 〔2023〕 No. 115), we plan to establish a national information system for public-private partnership (PPP) projects (hereinafter referred to as the "information system") relying on the National Online Approval and Supervision Platform for Investment Projects (hereinafter referred to as the "online platform") to strengthen information management, monitoring and analysis, and public supervision of PPP projects. The relevant matters are hereby notified as follows.
I. Deeply Understand the Significance of Establishing the Information System
Establishing the national information system for PPP projects is conducive to improving project information statistics and strengthening the monitoring and analysis of PPP projects; it helps enhance social supervision and improve the quality of public goods and public services; and it is beneficial to guiding all participants to effectively improve project implementation quality, implement the requirements of the new mechanism for PPPs, and ensure standardized development and operation in an open and transparent manner.
II. Accurately Grasp the Content of Information Reporting
(1) Investment project code.
Reporting entities shall obtain project codes through online platforms at all levels in accordance with the Interim Measures for the Operation and Management of the National Online Approval and Supervision Platform for Investment Projects (Order No. 3 of the National Development and Reform Commission and other departments in 2017) and the Coding Standards for National Fixed-Asset Investment Project Codes (GB/T 40058-2021), which shall serve as the basis and prerequisite for project information reporting.
(2) Content of the franchise operation plan.
Before the review of the franchise operation plan, the implementing agency shall, in accordance with the requirements of the indicators system for the national information system for PPP projects (see Annex), report project information such as project name, construction content and scale, as well as franchise information including specific implementation methods and franchise term, and upload the franchise operation plan and relevant attachments. Within 10 working days after the franchise operation plan is approved, the implementing agency shall update the above information and upload the approved franchise operation plan; the development and reform department reviewing the franchise operation plan shall report information such as the reviewing department and review time, and upload relevant review documents.
(3) Content of franchisee selection.
Within 5 working days after publicly releasing competitive documents such as tender announcements, the implementing agency shall report information including the method of selecting the franchisee and the release time of competitive documents, and upload competitive documents such as tender announcements. Within 10 working days after the franchisee is selected, the implementing agency shall report information such as the winning bidder and the nature of the winning enterprise, and upload documents such as the notice of winning the bid. Within 10 working days after the signing of the franchise agreement, the implementing agency shall report information such as government investment support and operational subsidies in accordance with regulations; the franchisee or project company shall report information such as the signing time of the agreement, whether a project company is established, and the franchise term, and upload documents such as the preliminary agreement (if any) and the franchise agreement.
(4) Content of investment management procedures.
Within 10 working days after completing the project approval, verification, or record-filing procedures, the franchisee or project company shall report information such as the form and time of project initiation, total project investment, and project capital, and upload the feasibility study report, project application report, and relevant approval documents. For projects that have completed approval, verification, or record-filing procedures and undergo major changes such as changes in construction location, adjustment of main construction content, or adjustment of construction standards, the franchisee or project company shall upload the approval documents within 10 working days after re-completing the project review procedures.
(5) Content of project construction and implementation.
The franchisee or project company shall, in accordance with the progress of project construction and implementation, promptly report the project start time, progress, and completion time, and upload documents such as the construction permit and completion acceptance report. For projects requiring trial operation, the franchisee or project company shall report the trial operation time and upload relevant permits.
(6) Content of project operation management.
After the project enters the operation period (including trial operation), the franchisee or project company shall upload the project operation status within 10 working days after the end of each quarter, and by March 31 of each year, report information such as the total annual income, total cost, net profit of the previous calendar year, the annual delivery volume and average unit price of public goods or services, and their respective proportions to the predicted annual delivery volume and average unit price, and upload the audited annual financial statements. The implementing agency shall conduct annual operation evaluations and upload the operation evaluation results of the previous calendar year by April 30 of each year. In case of price adjustment or changes involving franchise projects, the franchisee shall report the relevant situation within 10 working days from the date of price adjustment.
(7) Content of project termination and transfer.
If a project is terminated or transferred, the implementing agency shall, within 10 working days after the completion of such matters, report information such as the termination status, termination time, transferee, transfer time, and transfer content, and upload documents proving the project termination or transfer.
III. Earnestly Carry Out Information Reporting Work
(1) Actively cooperate in system construction.
To better serve the standardized implementation of the new PPP mechanism, our Commission will build a unified national information system for PPP projects and launch internal testing by the end of March 2024. Provincial development and reform commissions shall, together with relevant parties, actively cooperate to complete related work to ensure the information system officially goes online in April 2024.
(2) Earnestly conduct project information reporting.
Projects that had not completed the bidding and procurement procedures before the cleanup and verification of PPP projects in February 2023, as well as subsequent newly implemented PPP projects, shall report information in the information system in accordance with the above procedures. For projects carried out from February 2023 to the launch of the information system, those within the scope of cleanup and rectification shall be reported only after being confirmed by the relevant provincial development and reform commissions as complying with the requirements of the new PPP mechanism; other projects shall complete supplementary reporting by June 30, 2024.
(3) Layer by layer consolidate the responsibility for information reporting.
All reporting entities shall comprehensively, accurately, and timely report project information. The implementing agency shall review the information reported by the franchisee and project company, and the development and reform department reviewing the franchise operation plan shall review the information reported by the implementing agency. If there are errors or omissions in reporting, the reviewing entity shall promptly notify the reporting entity to revise and improve the information. Our Commission will adopt appropriate methods to identify projects with incorrect or missing reported information, notify the reporting entities to supplement and improve; if no improvement is made within 1 month after notification, such projects will be included in the list of abnormal projects and made public; if no improvement is made within 3 months after notification, our Commission will remove such projects with missing information from the information system.
IV. Give Full Play to the Important Role of the Information System
(1) Improve project implementation quality.
To better implement the decisions and arrangements of the Party Central Committee and the State Council and effectively strengthen policy guidance, our Commission will organize professional teams to conduct random inspections and reviews on whether the reported content complies with the requirements of the new PPP mechanism. If it is found that the franchise operation plan, franchise agreement, etc. do not comply with the requirements of the new PPP mechanism, such projects will be included in the list of abnormal projects and made public, and the relevant provincial development and reform commissions will be notified to promptly organize cleanup and rectification. If rectification is not completed within 3 months after the reminder, our Commission will remove such non-compliant projects from the information system.
(2) Provide a basis for work promotion.
Our Commission will take the completeness of information reporting for each project in the information system as an important basis for providing government investment support during the project construction period, including projects in the national key private investment project database, and recommending projects to financial institutions through the investment-loan linkage mechanism. Banks and other financial institutions are encouraged to give full play to their professional capabilities and provide financing support for projects in the information system in accordance with laws and regulations. Projects not in the information system shall not be financed or undergo preliminary procedures in the name of PPP projects.
(3) Strengthen supervision of intermediary agencies.
Our Commission will monitor the service quality of intermediary agencies participating in projects based on the information system. For those providing low-quality or fraudulent intermediary services such as compiling franchise operation plans, drafting franchise agreements, preparing feasibility study reports or project application reports, or issuing legal opinions, our Commission will, depending on the seriousness of the circumstances, remind, interview, or warn the relevant entities in accordance with laws and regulations. For engineering consulting institutions, this will be considered in the credit rating of engineering consulting units; for law firms, if the circumstances are serious, feedback will be provided to judicial departments. Our Commission will include information on project participants with dishonest behaviors in the information system into the National Credit Information Sharing Platform.
(4) Give play to the role of public supervision.
After the development and reform departments at all levels approve the franchise operation plan and the implementing agency initiates the franchisee selection process, basic project information such as project name and construction content, franchise information such as the winning result of the franchise and the franchise term, operation management information such as quarterly project operation status, audited annual financial data, and regular operation assessment results, as well as project termination or transfer information, will be made public through the information system to facilitate public supervision of the project.
Annex: Indicators System for the National Information System for Public-Private Partnership Projects
General Office of the National Development and Reform Commission
March 2, 2024
