The District People's Government shall, within the scope authorized by the Municipal People's Government, implement franchise management of municipal infrastructure and public utilities within its jurisdiction.
The county people's government is responsible for the franchise management of municipal infrastructure and public utilities within its jurisdiction. Fifth housing and urban and rural construction departments are responsible for the organization, implementation, supervision and management of municipal infrastructure, heating and gas supply industry franchise.
The competent department of city management is responsible for the organization, implementation, supervision and management of the franchise of sanitation facilities and garbage disposal industry.
The competent department of urban and rural transportation is responsible for the organization, implementation, supervision and management of public transportation franchise.
The competent department of urban and rural water affairs is responsible for the organization, implementation, supervision and management of franchising in the water supply and sewage treatment industries.
Development and reform, finance, natural resources and planning, ecological environment, emergency management, auditing, state-owned assets, local financial supervision, administrative examination and approval services and other relevant departments are responsible for the implementation of franchise projects according to the division of responsibilities. Article 6 The municipal, district and county people's governments shall establish a coordination mechanism for municipal infrastructure and public utilities franchise departments, be responsible for coordinating relevant policies and measures, and organize and coordinate the implementation, supervision and management of franchise projects. Article 7 The public shall have the right to know and make suggestions on the franchise of municipal infrastructure and public utilities. The municipal, district and county people's governments shall establish a public participation mechanism to ensure that the public can supervise the implementation of franchising. Chap II conclusion of franchising agreement article 8 that relevant industry department of the municipal, district and county people's governments or the departments authorized by the government (hereinafter refer to as the project proposing departments) may, according to the needs of economic and social development, as well as the suggestions on franchising projects put forward by relevant legal persons and other organizations, put forward the implementation plans of franchising projects within the scope of municipal infrastructure and public utilities in this municipality.
Franchise projects shall conform to the overall planning of national economic and social development, and conform to the planning of main functional areas, regional planning, environmental protection planning and safety production planning, land and space planning, medium-term financial planning, etc. , and define construction and operation standards and regulatory requirements. The project proposing department shall ensure the integrity and continuity of the franchise project.
The contents of the implementation plan for franchise projects shall comply with the provisions of relevant laws, regulations and rules. Article 9 The project proposing department may entrust a third-party institution with corresponding ability and experience to carry out the feasibility assessment of franchising and improve the implementation plan of franchising projects.
The feasibility assessment of franchising shall comply with the relevant laws, regulations, rules and relevant provisions of the state.
Need the government to provide feasibility gap subsidies or carry out value-for-money assessment, the project proposal department in conjunction with the financial sector to organize related work, the financial sector according to the relevant measures and financial situation to put forward opinions. Article 10 The project proposing department shall, relying on the departmental coordination mechanism established by the people's government at the corresponding level, take the lead in reviewing the implementation plan of the franchise project in conjunction with relevant departments such as development and reform, finance, natural resources and planning, ecological environment, urban and rural water affairs, etc.
After review, it is considered that the implementation plan is feasible, and all departments issue written review opinions according to their responsibilities. The project proposing department shall synthesize the written examination opinions of various departments and report to the executive meeting of the people's government at the corresponding level for approval of the implementation plan of the franchise project. Article 11 The municipal, district and county people's governments that examine and approve the implementation plan of franchise projects shall authorize the relevant industry authorities to be responsible for the implementation of franchise projects, and specify the specific scope of authorization. Article 12 The competent department of industry shall, according to the approved implementation plan of franchise projects, select the best franchisees through fair competition such as bidding and competitive negotiation. If the construction and operation standards and regulatory requirements of franchise projects are clear, and the market competition in related fields is relatively sufficient, franchisees should be selected through bidding. Where laws, regulations and rules provide otherwise for the selection of franchisees, such provisions shall prevail.
Where a franchisee is selected by bidding, it shall be conducted in accordance with the procedures stipulated in the Bidding Law of People's Republic of China (PRC) and relevant laws, regulations and rules.
Franchisees selected according to law shall be publicized to the public after deliberation by the executive meeting of the people's government at the corresponding level. Thirteenth industry departments should sign franchise agreements with franchisees selected according to law. Where a project company needs to be established, the competent department of industry shall sign a preliminary agreement with the investors selected according to law, stipulating that they shall register and establish the project company within the prescribed time limit, and sign a franchise agreement with the project company.
Franchise agreements mainly include the following contents:
(a) the name and content of the project;
(2) Franchise mode, region, scope and duration;
(3) Business scope, registered capital, mode of contribution by shareholders, proportion of contribution, equity transfer, etc. Project company's;
(4) The quantity, quality and standard of products or services provided;
(five) the ownership of the facilities, and the corresponding maintenance and renovation;
(6) Monitoring and evaluation;
(7) Duration and mode of investment and financing;
(eight) the way to obtain income, the method to determine the price and charging standards, and the adjustment procedures;
(9) Performance guarantee;
(10) Risk sharing during the franchise period;
(eleven) government commitments and guarantees;
(twelve) emergency plan and temporary takeover plan;
(thirteen) after the expiration of the franchise period, the methods, procedures and requirements for the transfer of projects and assets;
(fourteen) change, early termination and compensation;
(15) Liability for breach of contract;
(sixteen) dispute resolution;
(seventeen) other matters that need to be clarified.