Interim Measures for the management of project franchising in scenic spots in Guizhou Province

chapter I general provisions? Article 1 In order to standardize the development and operation activities of scenic spots, safeguard the national interests, public interests and the legitimate rights and interests of project franchisees in scenic spots, these Measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of our province. ? Article 2 These Measures shall apply to the franchising, supervision and management activities of projects in scenic spots at all levels within the administrative region of our province. ? Article 3 The franchising of projects in scenic spots as mentioned in these Measures refers to the activities that citizens, legal persons or other organizations obtain the right to invest and operate the whole or individual projects in scenic spots with compensation within a certain period and scope according to specific procedures, legal standards and conditions.

Franchised projects include infrastructure construction and maintenance, transportation (motorcades, fleets, trails, ropeways, etc.), rafting and necessary catering, accommodation, commodity sales, entertainment, photography, video recording and tourist services, etc.

sites for religious activities shall not be included in the scope of franchise projects. Fourth scenic spots should be planned according to law. Without the approval of the overall planning and regulatory detailed planning of scenic spots, the development, construction and implementation of franchising are prohibited.

the franchised projects shall conform to the approved plans and be submitted for approval according to the prescribed procedures. ? Fifth scenic resources are owned by the state, and shall not be sold or disguised in violation of relevant state laws and regulations. ?

the ownership and income rights of the assets formed by state investment within the franchise scope belong to the state; After evaluation according to law, it can be operated and managed by franchisees by means of pricing shares, leasing and so on. ? Article 6 During the franchise period, the human landscape and other facilities that the franchisee updates, transforms and builds within the franchise scope according to the plan shall be owned by the government free of charge after the franchise expires or terminates. ? Article 7 The authorized subject of project franchise in scenic spots (hereinafter referred to as franchise) is the municipal (prefecture) people's government (administrative office), county (city) people's government where the scenic spots are located, or the construction administrative department or the scenic spot management institution determined by it (hereinafter referred to as authorized subject). ? Eighth provincial construction administrative departments responsible for the guidance and supervision of the project franchise in the province's scenic spots. ?

the administrative department in charge of construction at or above the county level where the scenic spot management institution or the scenic spot where the administrative institution has not been established is responsible for the specific implementation, supervision and management of the franchise project. ?

relevant administrative departments shall, according to their respective responsibilities, supervise franchise activities. ? Chapter II Franchise? Article 9 The franchising of projects in scenic spots may take the following ways:

(1) The maximum franchise period of the whole project is 21 years. During the franchise period, the franchisee can invest, construct and operate all development and business projects within the scope permitted by the overall planning and regulatory detailed planning of scenic spots, and then hand them over to the government free of charge according to the franchise agreement after the expiration. ?

(2) The longest franchise period for a single project is 15 years. During the franchise period, the franchisee can build and operate a single development or business project within the scope permitted by the overall planning and regulatory detailed planning of scenic spots, and then hand it over to the government free of charge according to the franchise agreement after the expiration. ? Article 11 The administrative department of construction at or above the county level where the management institution of scenic spots or the scenic spots where the management institution has not been established shall formulate the project franchise plan according to the planning and development needs of scenic spots. ?

the project franchise scheme in the national key scenic spots shall be organized and implemented only after the provincial construction administrative department organizes relevant departments and experts to conduct feasibility demonstration and approval. ?

the project franchise scheme in provincial and county (city) scenic spots shall be organized and implemented only after the municipal (prefecture) construction administrative department organizes relevant departments and experts to conduct feasibility demonstration and approval, and shall be reported to the provincial construction administrative department for the record. Article 11 The authorized entity shall, in accordance with the provisions of the Bidding Law, determine the franchisee by means of development plan bidding. ?

the development plan should include protection measures, planning implementation, project setting, investment plan, investment analysis, marketing strategy and development objectives. ?

if the franchisee cannot be determined through bidding according to law, the authorized subject can adopt other fair competition methods to grant the franchise to the operator with the approval of the provincial people's government for national key scenic spots and the provincial, county (city) level scenic spots and the approval of the provincial construction administrative department. ? Article 12 A bidder for franchise rights shall meet the following conditions:

(1) the legal qualification of the bidder; ?

(2) a complete and feasible development plan; ?

(3) The person in charge of technology and operation has corresponding working experience and achievements, and other key positions have corresponding working ability; ?

(4) corresponding funds, equipment and facilities; ?

(5) There is no record of dishonesty. ? Thirteenth authorized subject shall sign a franchise agreement with the winning bidder or the franchisee determined according to law. The franchise agreement shall include the following contents:

(1) name and content of the project; ?

(2) the scope, mode and duration of franchising; ?

(3) ticket collection method; ?

(4) measures and funds for resource protection and ecological construction; ?

(5) the quantity, quality and standards of products or services; ?

(6) duration and method of investment and financing; ?

(7) the way to solve the debt; ?

(8) collection methods and standards of royalties for franchise rights; ?

(9) resource protection and asset disposal at the time of franchise recovery and termination; ?

(11) ways and procedures for the concession to expire or the government to recover the project ahead of schedule; ?

(11) liability for breach of contract; ?

(12) dispute resolution methods; ?