chapter I general provisions article 1 these regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this province in order to standardize the franchise activities of municipal public utilities, safeguard the interests of the public and the legitimate rights and interests of franchisees, and promote the development of municipal public utilities. Article 2 These Regulations shall apply to the following municipal public utilities within the administrative area of this province that are franchised:

(1) urban water supply, gas supply and central heating;

(2) urban sewage treatment and garbage disposal;

(3) Maintenance of urban roads, bridges and tunnels, street lamps, landscaping and squares;

(4) Cleaning, removal and road cleaning of municipal solid waste;

(5) other municipal public utilities projects determined by the people's governments at or above the county level. Article 3 Franchising of municipal public utilities as mentioned in these Regulations refers to a system in which the government that has the right to grant franchise selects investors or operators of municipal public utilities through market competition mechanism in accordance with relevant laws and regulations, and authorizes them to operate a municipal public utility product or provide a service within a certain period and scope. Fourth provincial people's government construction administrative departments responsible for the guidance and supervision of municipal public utilities franchise activities within the administrative area of this province.

municipal, state people's governments, regional administrative offices and departments in charge of municipal public utilities of county-level people's governments (hereinafter referred to as municipal public utilities departments) are responsible for the guidance, supervision and management of franchise activities of municipal public utilities projects within their respective administrative areas.

other departments of the people's governments at or above the county level shall, according to their respective responsibilities, do a good job in the franchise of municipal public utilities. Article 5 People's governments at all levels shall, according to the needs of economic and social development, increase financial input into municipal public utilities. Encourage the use of various social funds to build municipal public facilities and engage in franchising in various forms. Article 6 The franchising of municipal public utilities shall follow the principles of openness, fairness, justice, giving priority to public interests and paid use. Article 7 The public shall have the right to know and the right to supervise the franchise of municipal public utilities. People's governments at all levels shall establish a social participation mechanism to ensure the effective supervision of the public on franchise activities. Chapter II Franchise Article 8 The authorized subject of franchise is the people's government at or above the county level or its authorized municipal public utility department.

the franchise of municipal public utilities across administrative regions should be based on the principle of equal consultation among all parties concerned, and the supervision should be strengthened. The people's government at a higher level or the competent department of municipal public utilities under the people's government at a higher level shall strengthen guidance and supervision. Article 9 The municipal public facilities invested and built by franchisees in accordance with urban planning shall be handed over to the government free of charge after the franchise expires or terminates. Article 11 Franchising can take the following forms:

(1) Grant the investment, construction and management rights of the project to legal persons or other organizations within a certain period of time, and then hand them over to the government free of charge according to the franchise agreement after the expiration;

(2) within a certain period of time, the management right of the completed project will be granted to a legal person or other organization, and the franchisee will pay the project construction cost to the government, and after the expiration, it will be handed over to the government free of charge according to the franchise agreement;

(3) entrusting a legal person or other organization to provide public products and services within a certain period of time.

the franchise period of items 1 and 2 in the preceding paragraph shall not exceed 31 years at the longest; The franchise period of item 3 shall not exceed 8 years at the longest. Article 11 The competent department of municipal public utilities of the people's government at the county level shall, according to the needs of urban construction and development, formulate the implementation plan of franchise projects, which shall be submitted to the provincial construction administrative department for the record after being approved by the people's government at the corresponding level, audited by the competent department of municipal public utilities of the municipal, state people's governments and regional administrative offices.

the municipal public utilities department of the municipal people's government with districts shall, according to the needs of urban construction and development, formulate the implementation plan of franchise projects, which shall be submitted to the provincial construction administrative department for the record after being approved by the municipal people's government.

The implementation plan shall include the following main contents:

(1) Project name;

(2) basic economic and technical indicators of the project;

(3) site selection and other planning conditions;

(4) the form and duration of franchising;

(5) the rate of return on investment and price calculation;

(6) the conditions that a franchisee should meet;

(7) financial subsidies and other preferential measures stipulated by the state and agreed in the franchise agreement;

(8) collection or reduction of royalties for franchise rights;

(9) safeguard measures. Article 12 Franchisees obtain reasonable returns by operating according to law, and bear corresponding investment risks and operating risks. Thirteenth people's governments at all levels and their relevant departments can promise the scope of land use, providing relevant infrastructure, giving necessary subsidies and controlling unnecessary repetitive competition projects related to franchise projects.

People's governments at all levels and their departments are not allowed to promise fixed returns and share business risks to franchisees, nor are they allowed to provide franchisees with financing, loan guarantees and matters prohibited by laws, regulations and rules.

people's governments at all levels and their departments are not allowed to instruct non-public welfare tasks to franchisees. If franchisees undertake mandatory tasks of the people's governments in order to achieve public welfare goals, the people's governments and their departments shall compensate them.