水利部政策研究项目管理暂行办法
水利部
水利部政策研究项目管理暂行办法
第一章 总 则
第一条 为加强水利政策研究项目管理工作,提高研究成果质量和经费使用效率,充分发挥政策研究成果对水利发展和改革的支撑作用,制定本办法。
第二条 本办法适用列入水利政策研究与制度建设项目规划(以下简称政研项目规划),并由财政预算安排经费的水利政策研究和制度建设项目(以下简称政研项目)。其中,重大课题研究项目管理按照《水利重大课题研究项目管理办法》执行。
第三条 政策研究应该遵循以下原则:
(一)围绕中心、服务大局;
(二)统筹规划、突出重点;
(三)联系实际、重在应用;
(四)注重前瞻性和创新性。
第四条 政策法规司负责水利政策研究和制度建设管理工作,财务司负责水利政策研究和制度建设经费管理工作。
各司局和流域管理机构是相关政研项目的主持单位,负责研究工作的业务指导。
提出政研项目的司局、流域管理机构和其他直属单位为政研项目的执行单位,负责政研项目的实施。
第五条 水利部建立政策研究项目专家库,对项目立项、大纲审查、成果评审和验收提供技术支持。
参加咨询、评审和验收的专家,从专家库中通过指定和随机抽取相结合的方式产生。
第二章 规划计划编制
第六条 建立政研项目规划管理制度。政策法规司和财务司按照职责分工组织有关司局和单位编制政研项目相关规划。政研项目规划的编制应当围绕水利发展和改革的现实需要、发展趋势及中长期任务,突出重点,统筹兼顾,合理安排政研项目。
第七条 各司局、流域管理机构和其他直属单位根据管理工作需要,适时提出政研项目建议,报政策法规司、财务司,作为政研项目规划编制的基本依据。
政研项目建议应当包括政研项目名称、主要内容、申请单位、承担单位或承担单位确定方式、实施年限和年度、经费需求、预期成果等。
第八条 根据政研项目规划和水利年度工作重点,政策法规司会同办公厅、财务司等有关司局和单位,在每年5月份提出下一年度的政研项目年度计划,报部审定后实施。
年度政研项目经费安排以部门预算批复为准。
第三章 项目委托
第九条 政研项目可由执行单位自行承担,也可由通过定向委托和公开选择确定的单位承担。
定向委托是指执行单位直接委托有关单位承担研究工作。
公开选择是指面向社会选择具备相应条件的单位承担研究工作。
按国家政府采购有关规定必须公开选择承担单位的政研项目,不适用定向委托方式。
公开选择的政研项目信息应当提前一个月在水利部网站等信息平台向社会发布。
第十条 通过定向委托和公开选择确定的承担单位应当具有独立法人资格,具备完成研究任务的专业技术力量和物质条件,有承担政策研究课题的相关经验。
第十一条 采取公开选择方式确定政研项目承担单位的,由政策法规司会同有关司局和单位按照以下程序进行:
(一)发布政策研究项目申报指南;
(二)受理申报单位的申报材料;
(三)审查申报单位的资格;
(四)组织专家评议申报单位材料,并推荐承担单位;
(五)审核确定承担单位;
(六)公布承担单位名单。
按照规定应当进行政府采购的,按照政府采购有关规定执行。
第十二条 通过定向委托和公开选择确定承担单位的,执行单位应当与承担单位签订委托合同,明确课题研究的任务、工作要求、完成时间、委托经费额度等。
第四章 项目管理
第十三条 执行单位应当将政研项目研究工作列入本单位的工作计划,加强管理,及时解决存在的问题,确保政研项目顺利实施。
第十四条 承担单位应当成立政研项目课题组,编制政研项目工作大纲,实行项目负责人制,项目负责人组织落实政研项目管理制度,确定技术负责人和课题组成员,并对工作进度、成果质量和经费支出负责。
第十五条 执行单位应当组织专家对工作大纲进行审查。
执行单位自行承担研究的,由相关主持单位组织工作大纲审查。
第十六条 承担单位应当严格执行国家和水利部预算项目资金使用管理规定,切实做到专款专用,严禁截留、转移、挪用和随意调整。政研项目经费应当主要用于考察调研、业务组织、外部协作和人工费支出等。
第十七条 建立中期检查制度。承担单位应当向执行单位提交中间成果及进展情况报告,执行单位组织专家对中间成果及进展情况进行检查,提出指导意见,并负责跟踪督办。
执行单位自行承担研究的,由相关主持单位组织对中间成果和进度情况进行检查和督促。
第十八条 政研项目因故不能按期完成的,承担单位应当向政策法规司和财务司提交延期申请,说明延期的理由,经同意后方可延期,并按照财政拨款结余结转资金管理的有关规定执行。
第五章 项目验收
第十九条 政研项目完成后,应当按照财政预算项目验收的有关规定,由执行单位组织验收,执行单位自行承担研究的,由主持单位组织验收。验收前,验收组织单位应当报政策法规司、财务司。
政研项目验收包括财务验收。对投资较大的政研项目,财务验收可委托中介机构进行。
验收采取专家评审会议的方式进行。
第二十条 验收未通过的,承担单位应当根据专家意见进行修改,并于三个月内,重新进行验收。
财务验收未通过的,政研项目不能通过验收。
第二十一条 承担单位应当根据验收中专家的意见,对报告进行修改,形成研究报告最终稿,并书面说明对评审意见采纳的情况。
第六章 成果管理
第二十二条 建立研究成果管理制度。项目完成后,执行单位应当将工作大纲、研究报告评审稿、研究报告最终稿及相关评审意见归入档案,并将研究报告最终稿及其电子文本分别报送政策法规司、财务司和主持单位。
水利重大课题和其他资金渠道安排的政研项目验收后,研究报告最终稿及其电子文本应当送政策法规司备案。
研究成果由政策法规司负责管理。
第二十三条 建立政研项目成果数据库。研究成果应当编入数据库,实现成果共享。有特殊规定和保密要求的研究成果按有关规定执行。
第二十四条 建立政研项目研究成果发布制度。政策法规司应当组织摘编政研项目研究成果要点,为决策和管理提供参考。
第七章 附则
第二十五条 本办法由政策法规司负责解释。
第二十六条 本办法自发布之日起试行。
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES ——附加英文版
The Standing Committee of the National People's Congress
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES
(Adopted at the 17th Meeting of the Standing Committee of the
Seventh National People's Congress on December 28, 1990, promulgated by
Order No. 37 of the President of the People's Republic of China on
December 28, 1990, and effective as of the same date)
Article 1
The present Law is enacted in accordance with the Constitution of the
People's Republic of China.
Article 2
This Law shall be applicable to bilateral or multilateral treaties and
agreements and other instruments of the nature of a treaty or agreement
concluded between the People's Republic of China and foreign states.
Article 3
The State Council, that is, the Central People's Government, of the
People's Republic of China shall conclude treaties and agreements with
foreign states.
The Standing Committee of the National People's Congress of the People's
Republic of China shall decide on the ratification and abrogation of
treaties and important agreements concluded with foreign states.
The President of the People's Republic of China shall, in accordance with
decisions of the Standing Committee of the National People's Congress,
ratify and abrogate treaties and important agreements concluded with
foreign states.
The Ministry of Foreign Affairs of the People's Republic of China shall,
under the leadership of the State Council, administer the specific affairs
concerning the conclusion of treaties and agreements with foreign states.
Article 4
The People's Republic of China shall conclude treaties and agreements with
other states in the name of:
(1) the People's Republic of China;
(2) the Government of the People's Republic of China;
(3) the governmental departments of the People's Republic of China.
Article 5
The decision to negotiate and sign treaties and agreements shall be made
according to the following procedures:
(1) in the case of a treaty or agreement to be negotiated and signed in
the name of the People's Republic of China, the Ministry of Foreign
Affairs or the department concerned under the State Council in conjunction
with the Ministry of Foreign Affairs shall make a recommendation and draw
up a draft treaty or agreement of the Chinese side and submit it to the
State Council for examination and decision;
(2) in the case of a treaty or agreement to be negotiated and signed in
the name of the Government of the People's Republic of China, the Ministry
of Foreign Affairs or the department concerned under the State Council
shall make a recommendation and draw up a draft treaty or agreement of the
Chinese side and, after consultation with the Ministry of Foreign Affairs,
submit it to the State Council for examination and decision. In the case
of an agreement concerning a specific line of business, its Chinese draft
shall, with the consent of the State Council, be examined and decided upon
by the department concerned under the State Council or when necessary in
consultation with the Ministry of Foreign Affairs;
(3) agreements to be negotiated and signed in the name of a governmental
department of the People's Republic of China concerning matters within the
scope of functions and powers of the department concerned shall be decided
upon by the department itself or after consultation with the Ministry of
Foreign Affairs. In the case of an agreement relating to matters of major
importance or matters falling within the functions and powers of other
departments under the State Council, the department concerned shall submit
it by itself or after consultation with the other departments concerned
under the State Council, to the State Council for decision. The draft
agreement of the Chinese side shall be examined and decided upon by the
department concerned or when necessary in consultation with the Ministry
of Foreign Affairs.
When major modification in the Chinese draft of a treaty or agreement
already examined and decided upon by the State Council are necessary as a
result of negotiation, the revised draft shall be submitted to the State
Council for examination and decision.
Article 6
Representatives for negotiating and signing treaties or agreements shall
be appointed according to the following procedures:
(1) In the case of a treaty or agreement to be concluded in the name of
the People's Republic of China or the Government of the People's Republic
of China, the Ministry of Foreign Affairs or the department concerned
under the State Council shall submit a report to the State Council for the
appointment of a representative. The full powers of the representative
shall be signed by the Premier of the State Council, but may also be
signed by the Minister of Foreign Affairs.
(2) In the case of an agreement to be concluded in the name of a
governmental department of the People's Republic of China, a
representative shall be appointed by the head of the department concerned.
The letter of authorization for the representative shall be signed by the
head of the department. Where the head of a department signs an agreement
concluded in the name of the governmental department, and where the
contracting parties agree that it is necessary for the head of the
department to produce full powers, the full powers shall be signed by the
Premier of the State Council, but may also be signed by the Minister of
Foreign Affairs.
The following persons shall dispense with full powers for negotiating and
signing treaties and agreements:
(1) the Premier of the State Council, the Minister of Foreign Affairs;
(2) the head of a diplomatic mission of the People's Republic of China who
negotiates and signs treaties and agreements concluded between China and
the state to which he is accredited, unless it is otherwise agreed by the
contracting parties;
(3) the head of a governmental department of the People's Republic of
China who negotiates and signs the agreements concluded in the name of his
department, unless it is otherwise agreed by the contracting parties;
(4) the person, dispatched to an international conference or accredited to
an international organization by the People's Republic of China, who is at
the same time the representative for negotiating treaties or agreements in
that conference or organization, unless it is otherwise agreed by the
conference or otherwise provided for in the constitution of the
organization.
Article 7
The ratification of treaties and important agreements shall be decided
upon by the Standing Committee of the National People's Congress.
The treaties and important agreements referred to in the preceding
paragraph are as follows:
(1) treaties of friendship and cooperation, treaties of peace and similar
treaties of a political nature;
(2) treaties and agreements relating to territory and delimitation of
boundary lines;
(3) treaties and agreements relating to judicial assistance and
extradition;
(4) treaties and agreements which contain stipulations inconsistent with
the laws of the People's Republic of China;
(5) treaties and agreements which are subject to ratification as agreed by
the contracting parties; and
(6) other treaties and agreements subject to ratification.
After the signing of a treaty or an important agreement, the Ministry of
Foreign Affairs or the department concerned under the State Council in
conjunction with the Ministry of Foreign Affairs shall submit it to the
State Council for examination and verification; the State Council shall
then refer it to the Standing Committee of the National People's Congress
for decision on ratification; the President of the People's Republic of
China shall ratify it in accordance with the decision of the Standing
Committee of the National People's Congress.
After the ratification of a bilateral treaty or an important bilateral
agreement, the Ministry of Foreign Affairs shall execute the formalities
for the exchange of the instruments of ratification with the other
contracting party. After the ratification of a multilateral treaty or an
important multilateral agreement, the Ministry of Foreign Affairs shall
execute the formalities for the deposit of the instrument of ratification
with the depositary state or international organization. The instrument of
ratification shall be signed by the President of the People's Republic of
China and countersigned by the Minister of Foreign Affairs.
Article 8
After the signing of the agreements and other instruments of the nature of
a treaty which do not fall under paragraph 2, Article 7 of this Law and
which are subject to approval as prescribed by the State Council or as
agreed by the contracting parties, the Ministry of Foreign Affairs or the
departments concerned under the State Council in conjunction with the
Ministry of Foreign Affairs shall submit them to the State Council for
approval. After the approval of agreements and other instruments of the
nature of a treaty, in the case of a bilateral one, the Ministry of
Foreign Affairs shall execute the formalities for the exchange of the
instruments of approval with the other contracting party or for mutual
notification of the approval by diplomatic notes. In the case of a
multilateral one, the Ministry of Foreign Affairs shall execute the
formalities for the deposit of the instrument of approval with the
depositary state or international organization concerned. The instrument
of approval shall be signed by the Premier of the State Council, but may
also be signed by the Minister of Foreign Affairs.
Article 9
After the signing of the agreements which need no decision on ratification
by the Standing Committee of the National People's Congress or approval by
the State Council, the agreements shall be submitted by the departments
concerned under the State Council to the State Council for the record,
except those agreements concluded in the name of the governmental
departments of the People's Republic of China which are to be submitted by
these departments to the Ministry of Foreign Affairs for registration.
Article 10
If the two contracting parties need to go through different domestic legal
procedures for the entry into force of the same treaty or agreement, the
said treaty or agreement shall enter into force after the accomplishment
by the two parties of their respective legal procedures and the mutual
notification by diplomatic notes.
After the signing of the treaties and agreements listed in the preceding
paragraph, the formalities of ratification, approval, entry on the record
or registration shall be executed as the case requires in accordance with
Articles 7, 8 or 9 of this Law. The formalities of notification by note
shall be completed by the Ministry of Foreign Affairs.
Article 11
The decision to accede to multilateral treaties or agreements shall be
made by the Standing Committee of the National People's Congress or the
State Council as the case requires. The procedures for acceding to
multilateral treaties and agreements shall be as follows:
(1) to accede to a multilateral treaty or an important multilateral
agreement listed in Paragraph 2, Article 7 of this Law, the Ministry of
Foreign Affairs or the department concerned under the State Council in
conjunction with the Ministry of Foreign Affairs shall make a
recommendation after examination and submit it to the State Council for
examination and verification; the State Council shall then refer it to the
Standing Committee of the National People's Congress for decision on
accession. The instrument of accession shall be signed by the Minister of
Foreign Affairs, and the specific formalities executed by the Ministry of
Foreign Affairs;
(2) to accede to a multilateral treaty or agreement other than those
listed in Paragraph 2, Article 7 of this Law, the Ministry of Foreign
Affairs or the department concerned under the State Council in conjunction
with the Ministry of Foreign Affairs shall make a recommendation after
examination and submit it to the State Council for decision on accession.
The instrument of accession shall be signed by the Minister of Foreign
Affairs, and the specific formalities executed by the Ministry of Foreign
Affairs.
Article 12
The decision to accept a multilateral treaty or an agreement shall be made
by the State Council.
In the case of a multilateral treaty or agreement containing clauses of
acceptance which is signed by the Chinese representative or does not
require any signature, the Ministry of Foreign Affairs or the department
concerned under the State Council in conjunction with the Ministry of
Foreign Affairs shall make a recommendation after examination and submit
it to the State Council for decision on acceptance. The instrument of
acceptance shall be signed by the Minister of Foreign Affairs, and the
specific formalities executed by the Ministry of Foreign Affairs.
Article 13
A bilateral treaty or agreement concluded by the People's Republic of
China with a foreign state shall be done in the Chinese language and the
official language of the other contracting party, both texts being equally
authentic. When necessary, a text in the language of a third state agreed
upon by the two contracting parties may be executed in addition as a
third, equally authentic, official text or an unofficial text for
reference. It may be stipulated by agreement of the two contracting
parties that the third text shall prevail in case of divergence of
interpretation of the treaty or agreement.
For agreements on specific lines of business and treaties and agreements
concluded with international organizations, a single language fairly
commonly used internationally may also be used by agreement of the two
contracting parties or in accordance with the provisions of the
constitutions of the international organizations concerned.
Article 14
Signed originals of bilateral treaties and agreements concluded in the
name of the People's Republic of China or the Government of the People's
Republic of China and copies of multilateral treaties and agreements
certified as true by the depositary states or international organizations
concerned shall be deposited with the Ministry of Foreign Affairs. Signed
originals of bilateral agreements concluded in the name of the
governmental departments of the People's Republic of China shall be
deposited with these departments.
Article 15
A treaty or an important agreement of which the Standing Committee of the
National People's Congress has decided on ratification or accession shall
be published in the bulletin of the Standing Committee of the National
People's Congress. The measures for publishing other treaties and
agreements shall be made by the State Council.
Article 16
Treaties and agreements concluded by the People's Republic of China shall
be compiled by the Ministry of Foreign Affairs into a collection of the
Treaties of the People's Republic of China.
Article 17
Treaties and agreements concluded by the People's Republic of China shall
be registered with the Secretariat of the United Nations by the Ministry
of Foreign Affairs in accordance with the relevant provisions of the
United Nations Charter. Treaties and agreements concluded by the People's
Republic of China that require registration with other international
organizations shall be registered by the Ministry of Foreign Affairs or
the departments concerned under the State Council in accordance with the
respective constitutions of the international organizations.
Article 18
The procedures for the conclusion of a treaty or an agreement with an
international organization by the People's Republic of China shall follow
this Law and the constitution of the relevant international organization.
Article 19
The procedures for amendment to, abrogation of and withdrawal from
treaties and agreements concluded by the People's Republic of China shall
follow mutatis mutandis the procedures for the conclusion of the treaties
and agreements in question.
Article 20
The State Council may make regulations in accordance with this Law for its
implementation.
Article 21
This Law shall enter into force as of the date of promulgation.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.