interim measures for the lease management of state-owned parking resources in Lucheng district, Wenzhou city

chapter I general provisions

article 1 in order to further standardize and strengthen the lease management of state-owned parking resources in administrative institutions in our district, these measures are formulated in accordance with the regulations on the administration of state-owned assets in administrative institutions and other provisions.

article 2 the state-owned parking resources referred to in these measures refer to the outdoor or indoor places for motor vehicle parking that are occupied and used by administrative institutions in the whole region, including temporary motor vehicle parking places set up on the land to be built and managed by the unit and vacant places.

these measures are applicable to the lease management activities of state-owned parking resources of administrative institutions in Lucheng district.

article 3 the term "lease of state-owned parking resources" as mentioned in these measures refers to the act of an administrative institution transferring the right to use state-owned parking resources to individual citizens, legal persons or other organizations in a paid way upon approval on the premise of ensuring the performance of administrative functions and the completion of business tasks.

if an administrative institution entrusts or contracts the state-owned parking resources to others for operation, or gains income in the name of joint venture and does not bear operational risks, it shall be regarded as leasing and shall be implemented in accordance with the relevant provisions of these measures.

these measures may not be applicable to projects included in government investment and key investment attraction, which are approved by the district government or otherwise stipulated by the district government.

article 4 the state-owned parking resources of administrative institutions are used to ensure the administrative institutions at the same level to perform their functions and promote the development of social undertakings, and may not be provided to individual citizens, legal persons or other organizations for free. Unless otherwise stipulated by the district government, such provisions shall prevail.

Article 5 State-owned parking resources of administrative institutions shall not be leased under any of the following circumstances:

They have been sealed up and frozen according to law;

without obtaining other property rights * * * with the consent of others;

unclear ownership or disputed property rights;

other circumstances in which renting is prohibited by laws and regulations.

article 6 if an administrative institution intends to lease out state-owned parking resources, it shall perform internal decision-making procedures, formulate a rental plan, and submit it for approval according to the prescribed authority and procedures.

chapter ii approval and lease

article 7 the district finance bureau is responsible for the approval, management, supervision and inspection of the lease of state-owned parking resources in administrative institutions in the whole region. The competent department is responsible for reviewing and approving the leasing of state-owned parking resources in various administrative institutions according to the prescribed authority, supervising and managing the leasing of public parking resources and reporting the relevant situation to the District Finance Bureau. The administrative institution is responsible for handling the approval procedures for the lease of state-owned parking resources of the unit, and is responsible for the safety and integrity of the leased state-owned parking resources and the preservation and appreciation of the value.

Article 8 If an administrative institution rents out state-owned parking resources within 6 months, it shall be examined and approved by the competent department, and the examination and approval documents shall be submitted to the District Finance Bureau for filing within 15 working days; If the lease term is more than 6 months, it shall be audited by the competent department and reported to the District Finance Bureau for approval.

article 9 administrative institutions shall lease state-owned parking resources, and the lease term shall generally be less than 3 years, and in principle not more than 5 years. If the leased state-owned parking resources have a large area and the lessee needs to invest a large amount of money for decoration and other special circumstances, the lease period may be appropriately extended upon approval, but it shall not violate the provisions of the Civil Code.

article 11 an administrative institution shall entrust an asset appraisal institution legally filed by the financial department at or above the municipal level with districts to evaluate the rental price of the assets to be leased.

Article 11 If an administrative institution intends to lease state-owned parking resources, it shall, in principle, open lease; Due to special circumstances, it is impossible to open the lease, and the reasons must be explained in detail in the application documents, and reported for approval according to the regulations.

Article 12 The following cases can be rented in a private way after approval:

The project to be rented involves special requirements such as public safety and cultural relics protection;

it is planned to be leased to a self-care institution at the same level or an administrative institution at a different level;

only one intended lessee is generated through public solicitation;

other circumstances of non-public rental.

in the case of non-public leasing, the leasing price shall be determined by both parties through consultation, but the determined price shall not be lower than the appraisal value of the lease right provided in the asset appraisal report.

Article 13 An administrative institution applying for leasing state-owned parking resources shall submit the following materials, and be responsible for the authenticity, legality and accuracy of the materials:

Application documents for leasing state-owned parking resources;

approval form for renting state-owned parking resources;

an evaluation report on the lease right value of the state-owned parking resources to be leased;

the ownership certificate of the state-owned parking resources to be leased, such as a copy of the state-owned land use right certificate, asset ownership certificate, immovable property certificate and other certificates;

other materials that need to be submitted. Mainly includes: other property rights * * * proof that someone agrees to rent; A copy of the unified social credit code certificate of the intended lessee who rents it in a non-public way and the intention agreement signed by both parties, etc., and Ruyi provides the written materials that the relevant functional departments agree to the leased assets to the lessee who is not an administrative institution at the same level.

article 14 if it is approved to be leased in a private way, the lessee shall not sublease it. The leasing unit shall make a clear agreement on this in the lease contract. If the lessee sublets it without authorization, the leasing unit has the right to terminate the lease contract and recover the leased assets; If losses are caused from this, the lessee shall bear all the responsibilities.

article 15 if it is approved to lease in public, the leasing unit shall entrust a legally established public resource trading institution or state-owned property right trading institution to openly invite the lease at the reserve price of the lease right. Among them, if the annual lease right evaluation value is less than 1 million yuan, it can also be organized by the competent department for public lease; If there is no competent department, the rental unit can organize public leasing.

in principle, the leasing unit shall not set qualifications for the lessee. If it is really necessary to set qualifications, it shall not have clear direction or violate the principle of fair competition, and the qualifications set shall be specially explained when applying for leasing.

article 16 if the open lease fails to be concluded, in principle, the original evaluation value shall be used as the reserve price for the open lease again within the validity period of the evaluation. If the original evaluation value is used as the reserve price for open lease for more than two times and no one participates in the bidding, the reserve price of the lease can be gradually reduced, but when the new reserve price of the lease is lower than 91% of the original evaluation value, it shall be reported to the original examination and approval authority for approval before the public lease can be reorganized.

article 17 after determining the lessee according to the approved lease plan, an administrative institution shall sign a lease contract with the lessee that conforms to the provisions of laws and regulations, publicize it within the unit, and report the lease contract and other relevant materials to the examination and approval authority for the record within 15 working days.

Article 18 A lease contract shall not stipulate a rent-free period, but shall generally include the following contents:

Basic information, rights and obligations of both parties to the lease;

basic information about the leased assets;

lease term, lease price and payment method;

the way to bear the expenses incurred during the lease period;

termination of contract, liability for breach of contract and exemption clauses;

dispute settlement methods and other agreed terms.

article 19 if the lessee of state-owned parking resources needs to decorate the leased public parking resources, it shall negotiate with the leasing unit in advance and clearly stipulate the disposal method when the contract is terminated in the contract. In principle, the rental unit shall not promise to subscribe, return or purchase the lessee's fixed assets or decoration expenses at a discount.

chapter iii rental income and management of leasing state-owned parking resources

article 21 the income obtained by administrative units and institutions included in budget management from leasing state-owned parking resources shall be turned over to the district finance according to regulations; The income obtained by other institutions from renting state-owned parking resources shall be included in the unit budget, unified accounting and unified management.

article 21 the leasing unit shall perform the daily management duties of leasing state-owned parking resources, stop the lessee's violation of the contract in time, and terminate the contract in time if necessary. If the lease contract cannot be performed normally or the contract is terminated due to the lessee's breach of the contract, the lessor shall take timely measures to protect the rights and interests of state-owned assets from infringement in accordance with the contract, and report the relevant information to the original examination and approval authority for the record. The liquidated damages collected are regarded as rental income management.

article 22 if it is necessary to terminate the lease contract in advance due to special factors such as force majeure, the lessor shall report the relevant information to the competent department in time, and report it to the district finance bureau for examination and approval, and then return the unpaid rent to the lessee.

article 23 during the lease period, if the leasing unit is divided, merged, dissolved or revoked, the receiving unit that leases the state-owned parking resources will inherit the original lease contract. The receiving unit of state-owned parking resources shall do a good job in connection with the work, change the lease contract in time, and report the change of the contract to the original examination and approval authority for the record.

article 24 if the lessee is really unable to continue to perform the contract for various reasons during the lease term and a new lessee is willing to undertake the original contract, the lease relationship with the original lessee shall be dissolved after obtaining the consent of the lessor, and the lessor shall sign a lease contract with the new lessee for the remaining term. The rental unit shall promptly report the contract changes to the original examination and approval authority for the record.

article 25 after the lease contract expires, the lessor shall recover the leased assets in accordance with the contract. If the relevant state-owned parking resources are still to be rented out, they shall be re-submitted for approval in accordance with the provisions of these Measures three months before the expiration of the contract, and the original lessee shall enjoy the priority to lease under the same conditions. During the period when the original lease term has expired, but the new lease work has not been completed, if the original lessee is willing to continue the lease, the leasing unit may sign a temporary agreement with the original lessee on a monthly basis, and the temporary agreement shall not last for more than 6 months, and the rent shall be paid according to the original contract, but it shall be declared to the original lessee that the temporary agreement will be terminated after the lease work is completed, and relevant information shall be reported to the original examination and approval authority for the record.

chapter iv supervision and management

article 26 in the process of renting state-owned parking resources, the following acts are not allowed:

renting state-owned parking resources without approval;

failure to collect the rent as agreed in the contract;

Deliberately split the lease term into parts to avoid financial approval;

finance, intercept, misappropriate or privately divide the rental income;

other violations of law and discipline.

article 27 all units shall improve the internal control system, strengthen the daily management of state-owned parking resources, revitalize idle public parking resources, and improve the use efficiency of state-owned parking resources. For the rental of state-owned parking resources, it is necessary to establish a special ledger, record the collection of rental income one by one, go through the payment procedures in time according to the regulations, ensure that the rental income should be fully collected and paid, and consciously accept the supervision and inspection of the financial, auditing and supervision departments.

article 28 in violation of the relevant provisions of these measures, it shall be handled in accordance with the regulations on penalties and sanctions for financial violations and other relevant laws and regulations.

chapter v supplementary provisions

article 29 social organizations and private non-enterprise units that occupy and use state-owned parking resources and implement the accounting system of non-profit organizations shall be implemented with reference to these measures.

economic entities that have not been decoupled from administrative units, institutions that implement enterprise management and implement enterprise financial accounting system, enterprises with legal person status established by institutions, and regional state-owned enterprises shall be implemented in accordance with the relevant provisions on the management of state-owned assets of enterprises.

article thirtieth the competent department may, in accordance with the provisions of these measures and in combination with the actual situation of the department, formulate specific implementation rules and report them to the district finance bureau for the record.

article 31 these measures shall come into force as of October 1, 2123.

attachment: approval form for renting state-owned parking resources in Lucheng district, Wenzhou city

CC: all departments of the district committee, the Standing Committee of the District People's Congress, the Office of the Chinese People's Political Consultative Conference, the District People's Armed Forces Department, the District Court, the District Procuratorate, mass organizations and state-owned enterprises.

Wenzhou Lucheng District Finance Bureau Office issued on September 31, 2122.