财建[2004]369号-建设工程价款结算暂行办法 解读

财建[2004]369号-建设工程价款结算暂行办法 解读 陕建发【2009】3号文件约定材料价格风险范围 《建设工程价款结算暂行办法》 发文单位:财政部建设部 财建[2004]369号 党中央有关部门，国务院各部委、各直属机构，有关人民团体，各中央管理企业，各省、自治区、直辖市、单列市财政厅(局)、建设厅(委、局)，新疆生产建设兵团财务局: 为了维护建设市场秩序，建设工程价款结算活动，按照国家有关法律、法规，我们制订了《建设工程价款结算暂行办法》。现印发给你们，请贯彻执行。 附件:建设工程价款结算暂行办法 中华人民共和国财政部 中华人民共和国建设部 二??四年十月二十日 附件: 建设工程价款结算暂行办法 第一章 总则 第一条为加强和规范建设工程价款结算，维护建设市场正常秩序，根据《中华人民共和国合同法》、《中华人民共和国建筑法》、《中华人民共和国招标投标法》、《中华人民共和国预算法》、《中华人民共和国政府采购法》、《中华人民共和国预算法实施条例》等有关法律、行政法规制订本办法。 第二条凡在中华人民共和国境内的建设工程价款结算活动，均适用本办法。the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 国家法律法规另有规定的，从其规定。 第三条本办法所称建设工程价款结算(以下简称“工程价款结算”)，是指对建设工程的发承包合同价款进行约定和依据合同约定进行工程预付款、工程进度款、工程竣工价款结算的活动。 第四条国务院财政部门、各级地方政府财政部门和国务院建设行政主管部门、各级地方政府建设行政主管部门在各自职责范围内负责工程价款结算的监督管理。 第五条从事工程价款结算活动，应当遵循合法、平等、诚信的原则，并符合国家有关法律、法规和政策。 第二章 工程合同价款的约定与调整 第六条招标工程的合同价款应当在规定时间内，依据招标文件、中标人的投标文件，由发包人与承包人(以下简称“发、承包人”)订立书面合同约定。 非招标工程的合同价款依据审定的工程预(概)算书由发、承包人在合同中约定。 合同价款在合同中约定后，任何一方不得擅自改变。 第七条发包人、承包人应当在合同条款中对涉及工程价款结算的下列事项进行约定: (一)预付工程款的数额、支付时限及抵扣方式; (二)工程进度款的支付方式、数额及时限; (三)工程施工中发生变更时，工程价款的调整方法、索赔方式、时限要求及金额支付方式; the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight (四)发生工程价款纠纷的解决方法; (五)约定承担风险的范围及幅度以及超出约定范围和幅度的调整办法; (六)工程竣工价款的结算与支付方式、数额及时限; (七)工程质量保证(保修)金的数额、预扣方式及时限; (八)安全措施和意外伤害保险费用; (九)工期及工期提前或延后的奖惩办法; (十)与履行合同、支付价款相关的担保事项。 第八条发、承包人在签订合同时对于工程价款的约定，可选用下列一种约定方式: (一)固定总价。合同工期较短且工程合同总价较低的工程，可以采用固定总价合同方式。 (二)固定单价。双方在合同中约定综合单价包含的风险范围和风险费用的计算方法，在约定的风险范围内综合单价不再调整。风险范围以外的综合单价调整方法，应当在合同中约定。 (三)可调价格。可调价格包括可调综合单价和措施费等，双方应在合同中约定综合单价和措施费的调整方法，调整因素包括: 1、法律、行政法规和国家有关政策变化影响合同价款; 2、工程造价管理机构的价格调整; 3、经批准的设计变更; 4、发包人更改经审定批准的的施工组织设计(修正错误除外)造成费用增加; 5、双方约定的其他因素。 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 第九条承包人应当在合同规定的调整情况发生后14天内，将调整原因、金额以书面形式发包人，发包人确认调整金额后将其作为追加合同价款，与工程进度款同期支付。发包人收到承包人通知后14天内不予确认也不提出修改意见，视为已经同意该项调整。 当合同规定的调整合同价款的调整情况发生后，承包人未在规定时间内通知发包人，或者未在规定时间内提出调整报告，发包人可以根据有关资料，决定是否调整和调整的金额，并书面通知承包人。 第十条工程设计变更价款调整 (一)施工中发生工程变更，承包人按照经发包人认可的变更设计文件，进行变更施工，其中，政府投资项目重大变更，需按基本建设程序报批后方可施工。 (二)在工程设计变更确定后14天内，设计变更涉及工程价款调整的，由承包人向发包人提出，经发包人审核同意后调整合同价款。变更合同价款按下列方法进行: 1、合同中已有适用于变更工程的价格，按合同已有的价格变更合同价款; 2、合同中只有类似于变更工程的价格，可以参照类似价格变更合同价款; 3、合同中没有适用或类似于变更工程的价格，由承包人或发包人提出适当的变更价格，经对方确认后执行。如双方不能达成一致的，双方可提请工程所在地工程造价管理机构进行咨询或按合同约定的争议或纠纷解决程序办理。 (三)工程设计变更确定后14天内，如承包人未提出变更工程价款报告，则发包人可根据所掌握的资料决定是否调整合同价款和调整的具体金额。重大工程变更涉及工程价款变更报告和确认的时限由发承包双方协商确定。 收到变更工程价款报告一方，应在收到之日起14天内予以确认或提出协商the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 意见，自变更工程价款报告送达之日起14天内，对方未确认也未提出协商意见时，视为变更工程价款报告已被确认。 确认增(减)的工程变更价款作为追加(减)合同价款与工程进度款同期支付。 第三章 工程价款结算 第十一条工程价款结算应按合同约定办理，合同未作约定或约定不明的，发、承包双方应依照下列规定与文件协商处理: (一)国家有关法律、法规和规章制度; (二)国务院建设行政主管部门、省、自治区、直辖市或有关部门发布的工程造价计价、计价办法等有关规定; (三)建设项目的合同、补充协议、变更签证和现场签证，以及经发、承包人认可的其他有效文件; (四)其他可依据的材料。 第十二条工程预付款结算应符合下列规定: (一)包工包料工程的预付款按合同约定拨付，原则上预付比例不低于合同金额的10,，不高于合同金额的30,，对重大工程项目，按年度工程计划逐年预付。计价执行《建设工程工程量清单计价规范》(GB50500—2003)的工程，实体性消耗和非实体性消耗部分应在合同中分别约定预付款比例。 (二)在具备施工条件的前提下，发包人应在双方签订合同后的一个月内或不迟于约定的开工日期前的7天内预付工程款，发包人不按约定预付，承包人应在预付时间到期后10天内向发包人发出要求预付的通知，发包人收到通知后仍the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 不按要求预付，承包人可在发出通知14天后停止施工，发包人应从约定应付之日起向承包人支付应付款的利息(利率按同期银行贷款利率计)，并承担违约责任。 (三)预付的工程款必须在合同中约定抵扣方式，并在工程进度款中进行抵扣。 (四)凡是没有签订合同或不具备施工条件的工程，发包人不得预付工程款，不得以预付款为名转移资金。 第十三条工程进度款结算与支付应当符合下列规定: (一)工程进度款结算方式 1、按月结算与支付。即实行按月支付进度款，竣工后清算的办法。合同工期在两个年度以上的工程，在年终进行工程盘点，办理年度结算。 2、分段结算与支付。即当年开工、当年不能竣工的工程按照工程形象进度，划分不同阶段支付工程进度款。具体划分在合同中明确。 (二)工程量计算 1、承包人应当按照合同约定的方法和时间，向发包人提交已完工程量的报告。发包人接到报告后14天内核实已完工程量，并在核实前1天通知承包人，承包人应提供条件并派人参加核实，承包人收到通知后不参加核实，以发包人核实的工程量作为工程价款支付的依据。发包人不按约定时间通知承包人，致使承包人未能参加核实，核实结果无效。 2、发包人收到承包人报告后14天内未核实完工程量，从第15天起，承包人报告的工程量即视为被确认，作为工程价款支付的依据，双方合同另有约定的，按合同执行。 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 3、对承包人超出设计图纸(含设计变更)范围和因承包人原因造成返工的工程量，发包人不予计量。 (三)工程进度款支付 1、根据确定的工程计量结果，承包人向发包人提出支付工程进度款申请，14天内，发包人应按不低于工程价款的60,，不高于工程价款的90,向承包人支付工程进度款。按约定时间发包人应扣回的预付款，与工程进度款同期结算抵扣。 2、发包人超过约定的支付时间不支付工程进度款，承包人应及时向发包人发出要求付款的通知，发包人收到承包人通知后仍不能按要求付款，可与承包人协商签订延期付款协议，经承包人同意后可延期支付，协议应明确延期支付的时间和从工程计量结果确认后第15天起计算应付款的利息(利率按同期银行贷款利率计)。 3、发包人不按合同约定支付工程进度款，双方又未达成延期付款协议，导致施工无法进行，承包人可停止施工，由发包人承担违约责任。 第十四条工程完工后，双方应按照约定的合同价款及合同价款调整内容以及索赔事项，进行工程竣工结算。 (一)工程竣工结算方式 工程竣工结算分为单位工程竣工结算、单项工程竣工结算和建设项目竣工总结算。 (二)工程竣工结算编审 1、单位工程竣工结算由承包人编制，发包人审查;实行总承包的工程，由具体承包人编制，在总包人审查的基础上，发包人审查。 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 2、单项工程竣工结算或建设项目竣工总结算由总(承)包人编制，发包人可直接进行审查，也可以委托具有相应资质的工程造价咨询机构进行审查。政府投资项目，由同级财政部门审查。单项工程竣工结算或建设项目竣工总结算经发、承包人签字盖章后有效。 承包人应在合同约定期限内完成项目竣工结算编制工作，未在规定期限内完成的并且提不出正当理由延期的，责任自负。 (三)工程竣工结算审查期限 单项工程竣工后，承包人应在提交竣工验收报告的同时，向发包人递交竣工结算报告及完整的结算资料，发包人应按以下规定时限进行核对(审查)并提出审查意见。 工程竣工结算报告金额 审查时间 1 、500万元以下: 从接到竣工结算报告和完整的竣工结算资料之日起20天 2、 500万元,2000万元: 从接到竣工结算报告和完整的竣工结算资料之日起30天 3、 2000万元,5000万元: 从接到竣工结算报告和完整的竣工结算资料之日起45天 4、 5000万元以上: 从接到竣工结算报告和完整的竣工结算资料之日起60天 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 建设项目竣工总结算在最后一个单项工程竣工结算审查确认后15天内汇总，送发包人后30天内审查完成。 (四)工程竣工价款结算 发包人收到承包人递交的竣工结算报告及完整的结算资料后，应按本办法规定的期限(合同约定有期限的，从其约定)进行核实，给予确认或者提出修改意见。发包人根据确认的竣工结算报告向承包人支付工程竣工结算价款，保留5,左右的质量保证(保修)金，待工程交付使用一年质保期到期后清算(合同另有约定的，从其约定)，质保期内如有返修，发生费用应在质量保证(保修)金内扣除。 (五)索赔价款结算 发承包人未能按合同约定履行自己的各项义务或发生错误，给另一方造成经济损失的，由受损方按合同约定提出索赔，索赔金额按合同约定支付。 (六)合同以外零星项目工程价款结算 发包人要求承包人完成合同以外零星项目，承包人应在接受发包人要求的7天内就用工数量和单价、机械台班数量和单价、使用材料和金额等向发包人提出施工签证，发包人签证后施工，如发包人未签证，承包人施工后发生争议的，责任由承包人自负。 第十五条发包人和承包人要加强施工现场的造价控制，及时对工程合同外的事项如实纪录并履行书面手续。凡由发、承包双方授权的现场代表签字的现场签证以及发、承包双方协商确定的索赔等费用，应在工程竣工结算中如实办理，不得因发、承包双方现场代表的中途变更改变其有效性。 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 第十六条发包人收到竣工结算报告及完整的结算资料后，在本办法规定或合同约定期限内，对结算报告及资料没有提出意见，则视同认可。 承包人如未在规定时间内提供完整的工程竣工结算资料，经发包人催促后14天内仍未提供或没有明确答复，发包人有权根据已有资料进行审查，责任由承包人自负。 根据确认的竣工结算报告，承包人向发包人申请支付工程竣工结算款。发包人应在收到申请后15天内支付结算款，到期没有支付的应承担违约责任。承包人可以催告发包人支付结算价款，如达成延期支付协议，承包人应按同期银行贷款利率支付拖欠工程价款的利息。如未达成延期支付协议，承包人可以与发包人协商将该工程折价，或申请人民法院将该工程依法拍卖，承包人就该工程折价或者拍卖的价款优先受偿。 第十七条工程竣工结算以合同工期为准，实际施工工期比合同工期提前或延后，发、承包双方应按合同约定的奖惩办法执行。 第四章 工程价款结算争议处理 第十八条工程造价咨询机构接受发包人或承包人委托，编审工程竣工结算，应按合同约定和实际履约事项认真办理，出具的竣工结算报告经发、承包双方签字后生效。当事人一方对报告有异议的，可对工程结算中有异议部分，向有关部门申请咨询后协商处理，若不能达成一致的，双方可按合同约定的争议或纠纷解决程序办理。 第十九条发包人对工程质量有异议，已竣工验收或已竣工未验收但实际投入使用的工程，其质量争议按该工程保修合同执行;已竣工未验收且未实际投入使the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 用的工程以及停工、停建工程的质量争议，应当就有争议部分的竣工结算暂缓办理，双方可就有争议的工程委托有资质的的检测鉴定机构进行检测，根据检测结果确定解决，或按工程质量监督机构的处理决定执行，其余部分的竣工结算依照约定办理。 第二十条当事人对工程造价发生合同纠纷时，可通过下列办法解决: (一)双方协商确定; (二)按合同条款约定的办法提请调解; (三)向有关仲裁机构申请仲裁或向人民法院起诉。 第五章 工程价款结算管理 第二十一条工程竣工后，发、承包双方应及时办清工程竣工结算，否则，工程不得交付使用，有关部门不予办理权属登记。 第二十二条发包人与中标的承包人不按照招标文件和中标的承包人的投标文件订立合同的，或者发包人、中标的承包人背离合同实质性内容另行订立协议，造成工程价款结算纠纷的，另行订立的协议无效，由建设行政主管部门责令改正，并按《中华人民共和国招标投标法》第五十九条进行处罚。 第二十三条接受委托承接有关工程结算咨询业务的工程造价咨询机构应具有工程造价咨询单位资质，其出具的办理拨付工程价款和工程结算的文件，应当由造价工程师签字，并应加盖执业专用章和单位公章。 第六章 附则 第二十四条建设工程施工专业分包或劳务分包，总(承)包人与分包人必须the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 依法订立专业分包或劳务分包合同，按照本办法的规定在合同中约定工程价款及其结算办法。 第二十五条政府投资项目除执行本办法有关规定外，地方政府或地方政府财政部门对政府投资项目合同价款约定与调整、工程价款结算、工程价款结算争议处理等事项，如另有特殊规定的，从其规定。 第二十六条凡实行监理的工程项目，工程价款结算过程中涉及监理工程师签证事项，应按工程监理合同约定执行。 第二十七条有关主管部门、地方政府财政部门和地方政府建设行政主管部门可参照本办法，结合本部门、本地区实际情况，另行制订具体办法，并报财政部、建设部备案。 第二十八条合同示范文本内容如与本办法不一致，以本办法为准。 第二十九条本办法自公布之日起施行。 《建设工程价款结算暂行办法》解读 2004年10月，历经近一午的起草、论证和多次修改，财政部、建设部印发了《建设工程价款结算暂行办法》，该办法的出台，对进一步规范工程价款结算行为具有十分重要的意义，下面仅就本人参与起草、论证、修改本办法的体会，谈一谈对本办法的认识，供大家参考。 一、办法出台背景及主要内容 1(黑白合同造成工程价款结算争议。 2(工程竣工结算久拖不结、多头审查或一审再审。 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 3(工程款拖欠严重，据调查，已竣工未结算占全部竣工工程拖欠工程款的30,左右。 因此，急需政府部门依据国家有关法律、行政法规，对工程价款结算问题进行规范管理。 本办法正是在这一背景下，从合同价款的约定与调整、工程价款结算、工程价款结算争议处理和工程价款结算管理等方面，对发、承包双方的工程价款结算行为进行了规范。 二、办法特点 (一)明确了一个核心:工程价款结算以合同约定为核心 《中华人民共和国合同法》规定:“建设工程合同是承包人进行工程建设，发句人支付价款的合同’’(合同法第269条)，(中华人民共和国建筑法)规定:“建筑工程造价应当按照国家有关规定，由发包单位与承包单位在合同中约定。„„发包单位应当按照合同的约定，及时拨付工程款项” (建筑法第18条)。因此，本办法明确规定了工程价款结算应按合同约定办理，合同未作约定或约定不明的，应依照国家法律、法规和有关部门发布的计价标准和办法处理(第11条)。 (二)实现了16个突破 本办法以政府部门文件的方式，对下列问题作出了明确规定。 1(明确规定了工程合同价款约定与调整的范围，从合同签订起，就纳入工程价款结算规范的内容，保证工程价款结算依法进行。 ?明确规定了发、承包人应当在合同条款中对涉及工程价款结算的十个事项进行约定(第7条)。 ?明确规定了固定总价、固定单价、可调价格三种合同方式的适用范围以及the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 可调价格合同的调整因素(第8条)。 ?明确规定了工程变更、设计变更后涉及工程价款调整的变更时限、方式、方法等(第9条、第10条)。 2(明确规定了工程价款结算包含预付款支付、进度款结算、竣工结算(第3条、第12,16条)。体现了由于施工过程的连续性带来的工程价款结算的阶段性和连续性相结合的要求。从而要求对工程造价实施全过程控制，规范了工程价款结算的整个过程，有利于改变目前存在的不重视施工过程中的造价控制，仅重视竣工后的结算审查的片面认识。 3(明确规定了工程价款结算过程中发、承包人各自承担事项的时间期限以及超过期限所要承担的责任和后果。使工程价款结算有了明确的时间概念，保证合同履约的顺利进行。 ?规定了工程发生变更时，提出、确认工程价款变更的时限(第9条、第10条); ?规定了预付款支付时限(第12条); ?规定了进度款结算时的工程计量及价款支付时限(第13条); ?规定了竣工结算的审查及支付时限(第14条)。 4(明确规定了工程预付款、进度款、竣工结算款的支付比例范围，具体支付比例或数额由发、承包双方在合同中约定(第12条(一)、第13条(三)、第14条(四)款)。使工程价款的支付标准在工程实施中的不同阶段都有据可查。 5(明确规定了索赔是工程竣工价款结算的内容之一(第14条(五)款)，有利于推动工程建设管理水平的提高，确保依法履约，违约索赔。 6(明确规定了合同价款约定以外的零星项目应经发、承包双方办理施工签the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 证后施工以及未经签证就施工的责任(第14条(六)款)。体现了项目施工应采用书面合同的法律要求，有利于减少合同纠纷。 (明确规定了发、承包双方授权的现场代表签字的现场签证及索赔等费用7 应在工程竣工结算中如实办理(第15条)。有利于发、承包双方加强管理，认真履行职责，对自身行为负责。 8(明确规定了承包人应在提交竣工验收报告的同时，向发包人递交竣工结算报告及完整的结算资料(第14条)，而不再是施工合同示范文本通用条款规定的在竣工验收报告经发包人认可后的28天内递交，符合《中华人民共和国合同法》279条中“验收合格的，发包人应当按照约定支付价款”的规定，以便尽可能实现工程竣工验收与工程竣工结算审查同时办理、同时结束，保证工程价款的及时支付。 9(明确规定了工程竣工结算经发、承包人签字盖章后有效(第14条(二)2款、第18条)。对困绕工程建设领域多年，特别是国有资金投资工程的竣工结算由谁审查有效的问题有了明确的答案。有利于治理多头审查、一审再审的顽症。 10(明确规定了如发包人不按合同约定支付预付款和(或)进度款，承包人可停止施工，由发包人承担违约责任(第12条(二)、第13条(三)3款)。使承包人能及时采取措施，规避风险，对有效遏制工程款拖欠意义重大。 11(明确规定了造价咨询机构出具的竣工结算报告经发、承包双方签字后生效。当事人一方有异议的，按合同约定的争议程序处理(第18条)。充分保护了施工合同双方当事人的合法权益，可有效促使造价咨询单位和造价工程师提高执业质量。 12(明确规定了发包人对工程质量有异议，不影响竣工结算办理，已竣工验the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 收或虽未验收但实际投入使用的工程应按保修合同执行，已竣工未验收或停建工程按质量监督机构的处理决定执行(第19条)。有效制约了发包人以质量 争议为由拖延工程竣工结算的行为。 13(明确规定了发包人背离合同实质性内容另行订立的协议无效(第22条)，有利于遏制“黑白’’合同的发生。 14(明确规定了工程竣工后，发、承包双方应及时办清工程竣工结算，否则，工程不得交付使用(有关部门不予办理权属登记(第21条)。体现了“一手交钱、一手交货”的商品交换规则，有利于制止新的工程款拖欠。 15(明确规定了施工专业分包、劳务分包也应在合同中约定工程价款及结算办法(第24条)。以有效保证专业分包、劳务分包的工程价款结算。 (明确规定了合同示范文本内容如与本办法不一致，以本办法为准(第2816 条)。由于本办法对建设部、国家工商总局发布的施工合同示范文本中的通用条款在工程预付款支付时限、进度款工程计量时限、竣工结算报告递交及审查时限等作了重大的合理修改，有利于进一步规范工程价款结算行为。 (三)规范了政府投资项目结算行为 本办法对政府投资项目和社会投资项目在工程价款结算中应遵守的共性问题做了规定，并对政府投资项目的一些特殊问题单独做了规定。 1(明确规定了政府投资项目在施工中发生重大设计变更，需按基本建设程序报批后方可施工(第10条(一)款)，有利于遏制一些政府投资项目管理者在施工过程中以设计变更为名，擅自提高建设标准，扩大建设规模，大量超“概’’的行为。 2(明确规定了政府投资项目的竣工结算，由同级财政部门审查，经发、承the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight 包人签字盖章后有效(第14条(二)2款)。体现了财政部门对政府投资的监管，但 其审查行为仍受本办法的规定约束。 (明确规定了政府投资项目的工程价款结算应执行本办法，地方政府或地3 方财政部门另有特殊规定的，从其规定，但须报财政部、建设部备案(第25条、 第27条)。地方的特殊规定不得与国家法律、法规和本办法相抵触。 the characteristics of services for leaders. Office property determines the features of Office information work. Before the decision, to collect information, provide the basis for scientific leadership decision; after the decision to collect various reflecting and implementation, provides support for leadership judgment and sound decision-making. Therefore, comrades from the policy makers working in the information point of view and research issues, the basic premise of this is doing a good job. At present and for a time, information report focuses on, the city's economic and social development of, new ideas, new initiatives, new experiences, new issues, important social conditions and public opinion, major emergencies and of economic and social development orientation, the sign problem and forecast information. Second, to strive to improve the quality of information. Quality is the life of information, a good piece of information to help decision making, a distortion of the information could lead to wrong decisions. Improve the quality of information, our focus is "accurate, full and deep, precise, fast" on hard work. "Quasi", is to ensure the authenticity of information and improve the relevance of information. Information submitted to the Government departments at all levels, must come from objective reality and reflect things as they are, must be realistic and must not have any false contents, not to misrepresent and false positives, as well as news, more news. "Full" is to pay attention to the comprehensiveness of the information, all-round, wide-ranging and multi-angle to collect and report information, reflecting not only the phenomenon also reflects the essence. "Deep" is the information depth. Should be good through the phenomena of nature, things hidden behind deepmatters to in half months within to municipal government feedback results; on situation complex, and workload big of supervision matters, to in January within will implementation situation to municipal government feedback; on proposed clear time requirements of, to in provides time within settles and report; on NPC Representative recommends, and CPPCC members proposal to handle a, and feedback a pieces, not drag not pressure. To implement the reporting system, on the County (district) and departments of supervision, supervision of the Municipal Government will inform the quarterly summary, not paying attention to the supervision work attitudes, finger-pointing, giving work to some extent, give notice of criticism. To improve the appraisal system, the future system of government supervision examination once a year, the city government offices will County (district) and the sector ranked, informed the assessment results, give recognition to outstanding achievements. 2, stick to the Center, improving quality, good job information. Complete control of information is both levels of Government, for decision making and to guide the work of the important means of leading organs with practice, social, the masses, improved style of important content. Timely, accurate information to the municipal government, and departments at all levels is an important work of the Office. At work, one is to highlight