Blockbuster! Fujian officially issued the project payment guarantee management measures!

The so-called project payment guarantee refers to the guarantee provided by the guarantor for the construction unit to the contractor (including the general contractor of the project, the general contractor of the construction, the professional contractor of the project directly contracted by the construction unit, the same below) to guarantee the payment of the project funds in order to guarantee the performance of the project payment obligations stipulated in the contract. The purpose of the implementation of the

project payment guarantee system is to solve the problem of project payment arrears in the field of construction, and then to solve the problem of wage arrears of migrant workers. In the past few years, at the request of the central government, local governments have issued relevant implementation opinions one after another, and recently, Fujian Province officially issued the specific "Measures for the Implementation of Guarantee Management of Project Payment in the Field of Housing Construction and Municipal Infrastructure Engineering (Trial Implementation)".

Main contents:

According to the requirements of the notice, the housing construction and municipal infrastructure projects within the administrative region of Fujian Province should be guaranteed for the payment of project funds. For a project that must be tendered according to law, the construction unit shall promise to provide a guarantee for the payment of the project funds in the tender documents. When signing a contract, the construction unit and the contractor shall take the project payment guarantee document as an integral part of the construction project contract. Bank guarantee, project guarantee insurance and financing guarantee company guarantee are adopted for

project payment guarantee. Commercial banks, insurance companies and financing guarantee companies are encouraged to use the model text of the letter of guarantee. The same guarantor shall not provide project payment guarantee and performance guarantee for the same project at the same time. The guarantee period of the

project payment guarantee is 30 days after the construction unit pays all the project settlement funds except the project quality guarantee fund in accordance with the construction contract.

If the project payment guarantee has expired, but the project payment other than quality guarantee has not been paid, the construction unit shall extend its validity period or re-handle the project payment guarantee 15 days before the expiration of the validity period. The guarantee amount for re-guarantee can be recalculated on the basis of the remaining unpaid project funds. The guarantee amount of

project payment shall be 10% of the contract price of the construction project. For projects with construction process settlement or construction period of more than two years, the guarantee for payment of project funds can be implemented in accordance with the contract agreement, and the guarantee amount is 10% of the contract price of this section. The guarantee cost of project payment

for government-invested projects shall be included in the project budget estimate and other construction costs. The project payment guarantee fee shall be calculated on the basis of the project payment guarantee amount multiplied by the annual rate and the guarantee period. The annual rate of

project payment guarantee is generally not higher than 1.2%, which is determined by the construction unit and the guarantor through consultation. Banking and insurance institutions are encouraged to implement a differentiated system of guarantee rates according to the credit situation of construction units. If the

construction unit fails to allocate the project funds in accordance with the contract within the validity period of the guarantee agreement for the payment of the project funds, the contractor may require the guarantor to perform the guarantee responsibility in accordance with the contract, and the guarantor shall perform the responsibility in accordance with the contract. For a project with a

contract price of more than 4 million yuan (including 4 million yuan), the contractor shall faithfully register the payment guarantee of the project through the real-name labor service management platform in Fujian Province, and upload a scanned copy of the guarantee text. If there is no need to provide guarantee for payment of project funds according to regulations, relevant supporting materials shall be uploaded.