The municipal utilities franchising management measures

Article 1 to accelerate the municipal utility market, regulating the municipal utilities franchising activities and strengthen market oversight, safeguard social public interests and public security, and promote the healthy development of the municipal utilities, according to the relevant state laws and regulations.

Article2 municipal utilities franchise, refers to the government in accordance with the relevant laws and regulations, through the market competition mechanism, choose the municipal utilities investor or operator, which in certain period and the scope of public utilities a product or a service system.

Urban water supply, gas supply, heat supply, public transportation, sewage treatment, waste disposal industry etc, according to the concessionary management, shall be governed by these measures.

Article 3 the concessionary management project by provinces, autonomous regions, and municipalities directly under the legal procedure and form through.

Article 4 the departments in charge of the construction of the municipal utilities franchising activities of guidance and supervision work.

People's governments of provinces, autonomous regions construction department shall be responsible for the administration of the municipal utilities within the area of franchising activities within the guidance and supervision of the work.

Municipalities, the municipal or county people's government, the municipal utilities departments authorized by the government according to the people (hereinafter referred to as the competent department), responsible for the administrative area of the municipal utilities franchise's concrete implementation.

Article 5 implementation of the municipal utilities franchise shall, openness, fairness, and public interests of the priority principle.

6 of the implementation of the municipal utilities franchise, rational layout, shall adhere to the principle of effective resource allocation, encourage inter-area municipal utilities infrastructure sharing.

Inter-area municipal utilities infrastructure concessionary, shall be based on the principle of equal consultation related parties, strengthen supervision.

7 participate in franchise bidders shall meet the following requirements:

(a) lawfully registered enterprise legal person,

(2) have the corresponding registered capital and facilities, equipment,

(3) with good credit, the financial situation and the corresponding solvency,

(4) have the corresponding working experience and good performance,

(5) has a corresponding amount of technology, finance, management personnel key positions,

(6) are feasible business plan,

(7) local regulations, rules and other conditions.

Article 8 the following procedures in accordance with the competent departments shall choose investor or operator:

(a) the municipal utilities concessionary projects, municipality directly under the central government, city and county people's government for approval and then released to the society, accept tender tender condition,

(2) according to the bidding for the franchise shall examine the qualifications, recommend a preliminary scheme and qualified candidates for bid,

(3) organization law review committee review, and through inquiry and public defense, grant a franchise;

(4) to the social public bidding results, not less than 20 days of publication time,

(5) to ZhongBiaoZhe public expires, no objection by the local municipal or county people's government approved, and ZhongBiaoZhe (hereinafter referred to as "won the" franchise) sign the franchise agreement.

Article 9 the franchise agreement shall include the following contents:

(a) franchising content, regional, scope and validity,

(2) product and service standards,

(3) prices and charges, standard and method to determine the adjustment process,

(4) the ownership and disposal facilities,

(5) facilities maintenance and renovation,

Safety management; (6)

A performance guarantee; (7),

(8) the franchise's termination and change,

(9) responsibility of breach of contract;

(10) dispute solution,

(11) both sides should be agreed that the other related matters.

Article 10 departments shall perform the following:

(a) to assist related department and the monitoring cost of enterprise accounting, price adjustment suggestion,

(2) get a franchise enterprise supervision legal duty and fulfill the obligations prescribed by agreement,

(3) to obtain a franchise business plan, the quality of products and services and safety production supervision,

(4) to obtain a franchise public acceptance of enterprise's complaint,

(5) to submit an annual government supervision and inspection report franchise,

(6) in endanger public interests, or may endanger public safety emergency situations, temporary over the concessionary projects,

(7) agreement other responsibilities.

Article 11 the enterprise shall obtain a franchise to the following:

(a) scientifically formulated enterprise annual production, supply plan,

According to the state (2) production safety regulations and standards, safety in production safety production organization,

(3) perform operation agreement, providing enough, accord with standard products and services,

(4) accept department of product and service quality supervision and inspection,

According to regulations (5), the long-term development time, annual operating plans, annual report, the board of directors; the competent department etc.

(6) to strengthen production facilities and equipment operation and maintenance and renovation, ensure facilities,

(7) agreement other responsibilities.

Article 12 the concession shall, according to the industry characteristics, scale, the mode of operation, the factors determine the longest must not exceed 30 years.

Article 13 the franchise enterprises obtain the government public instruction task economic losses, the government should give corresponding compensation.

Article 14 the effective period, if the content of the agreement to change, the parties shall negotiate in agreement on the basis of the supplementary agreement signed.

Article 15 the company won a franchise actually need change the name, address, legal representative, shall notify competent departments, and by its consent.

Article 16 franchise expires, the competent departments shall, in accordance with the provisions of the present measures, the choice of the program organization bidding concessionaire.

Article 17 enterprises obtain the franchise in the validity of the agency agreement unilaterally terminate agreement shall be put in advance, apply, the competent departments shall obtain a franchise enterprise application reply within 3 months. In the department agrees to terminate agreement, the former franchise enterprise must ensure the normal operation and service.

Article 18 in franchising enterprises obtained during the franchising has one of following action, the competent departments shall terminate the franchise agreement, cancel its franchise, and can implement temporary over:

(a) presumptuously transfer, lease franchise,

(2) authorization of property or mortgage disposal,

(3) because of bad management, quality, serious production safety accidents,

(4) without authorization, closure, termination, seriously affected the social and public interests and safe:

(5) other actions prohibited by laws and regulations.

Article 19 a franchise, change or terminate the competent departments must take effective measures to ensure supply of products and services of municipal utilities of the continuity and stability.

Article 20 in franchising departments shall, within 30 days after the signing of the agreement, the agreement at the next higher level for the municipal utilities administration.

Article 21 in the operation process, the competent departments shall organize experts to obtain a franchise business situation assessment.

Evaluation period shall be not less than two years commonly, special circumstances can implement annual appraisal.

Article 22 municipalities, the municipal or county people's government departments in accordance with the relevant laws and regulations, the principles and procedures of examination and supervision of public utilities price of products and services.

Article 23 without municipalities, the municipal or county people's government for approval, and obtain a franchise enterprise authorization closure, suspension.

Get a franchise enterprise without authorization, closure, discontinuance, competent departments shall instructs its deadline to correct, or to take effective measures to urge its obligations.

Article 24 the supervision and inspection of the implementation, the competent departments shall not interfere with the franchise companies gain the normal production and business activities.

Article 25 departments shall establish a concessionary projects of temporary emergency preplan takeover.

To obtain a franchise enterprise cancel franchise and implementation of temporary must, in accordance with relevant laws and regulations, and hold hearings.

Article 26 the social public to the municipal utilities franchise right, JianYiQuan.

Municipalities, the municipal or county people's government shall establish a mechanism of public participation, and safeguard the public to supervise and concessionary management.

Article 27 the departments should strengthen construction of municipality directly under the municipal utilities department implemented the supervision and inspection of franchising activities under the people's government of the provinces, autonomous regions and departments should strengthen construction of municipal or county people's government, the municipal utilities department implemented the supervision and inspection of franchising activities, rectify the concessionary management of illegal behavior.

Article 28 of deception, bribery by unfair means such as franchising enterprises obtained, the competent authority shall cancel its franchise, and to the construction department under the state council, report by the administrative departments of construction through the media and other forms of social public disclosure. Cancellation of the franchise in three years shall not participate in municipal utilities franchise bidding.

Article 29 departments or get a franchise enterprise violates the agreement, the breaching party shall bear the responsibility, fault causes losses to the other party, and shall be liable for compensation.

Article 10 departments and their staff has one of following state, for its authorized by the municipality, the municipal or county people's government or the supervisory organ shall be ordered to make corrections, bear the primary responsibility for the executives and other personnel directly responsible shall be given administrative sanctions according to law; Constitutes a crime, shall be investigated for criminal responsibility:

(a) not to perform their duties or ineffective supervision supervision, thereby causing serious consequences,

(2) is not in conformity with legal conditions of bidders chartered,

(3) abuse, dog private gains.

Article 31 the way since May 1, 2004.