chapter I general provisions? Article 1 These Measures are formulated in accordance with relevant national laws and regulations in order to regulate the franchise activities of municipal public utilities, safeguard public interests and the legitimate rights and interests of franchisees, and promote the development of municipal public utilities. ? Article 2 Franchising of municipal public utilities as mentioned in these Measures (hereinafter referred to as franchising) means that citizens, legal persons or other organizations operate municipal public utilities within a certain period and scope with special administrative permission and authorization. The scope of franchising includes:
(1) urban water supply, gas supply and central heating; ?
(2) urban sewage treatment and domestic garbage treatment; ?
(3) urban public passenger transportation; ?
(4) maintenance of urban roads, bridges and culverts, street lamps, landscaping and other municipal public facilities; ?
(5) Cleaning and removal of domestic garbage. ? Article 3 We encourage the use of social funds and overseas capital to build municipal public facilities and engage in franchising in the form of sole proprietorship, joint venture and cooperation. ? Article 4 The franchising of municipal public utilities shall follow the principles of openness, fairness, justice and giving priority to public interests. ? Article 5 The ownership of municipal public facilities invested and constructed by the government belongs to the government. Municipal public facilities invested and built by franchisees in accordance with urban planning shall be owned by the government free of charge after the franchise expires or terminates. ? Article 6 The authorized subject of the franchise right is the local municipal and county people's governments and their designated construction administrative departments or other relevant administrative departments. ?
the authorized subject of gas pipeline project franchise across the land (state, city) is the provincial construction administrative department; The authorized subject of gas pipeline project franchise across counties (cities, districts) is the local (state, city) people's government (administrative office) or its authorized construction administrative department. ? Seventh provincial construction administrative departments shall be responsible for the guidance and supervision of the franchise activities of municipal public utilities within the administrative area of this province. ?
relevant administrative departments such as finance, auditing and supervision and state-owned assets management departments shall, according to their respective responsibilities, supervise and manage franchise activities. ? Chapter II Franchise? Article 8 Franchising may take the following forms:
(1) Grant the investment, construction and management right of the project to a legal person or other organization within a certain period of time, and hand it over to the government free of charge according to the franchise agreement after the expiration; ?
(2) within a certain period of time, grant the right to operate the built municipal public facilities to legal persons or other organizations, and return them to the government free of charge according to the franchise agreement after the expiration; ?
(3) to entrust citizens, legal persons or other organizations to provide public products and services within a certain period of time.
the operating period of items (1) and (2) of the preceding paragraph shall not exceed 31 years at the longest; The term of operation in Item (3) of the preceding paragraph shall not exceed 8 years at the longest. ? Article 9 the county (city) people's government shall, according to the needs of urban construction and development, formulate the implementation plan of franchise projects, which shall be audited by the local (state, city) people's government (administrative office) and submitted to the provincial construction administrative department for the record; The Municipal People's Government shall, according to the needs of urban construction and development, formulate the implementation plan of franchise projects and report it to the provincial construction administrative department for the record. The implementation plan shall include the following contents:
(1) name of the project; ?
(2) basic economic and technical indicators of the project; ?
(3) site selection and other planning conditions; ?
(4) franchise period; ?
(5) investment return and price calculation; ?
(6) the conditions that franchisees should meet and the way of selection; ?
(7) the scope of government commitment; ?
(8) safeguard measures. ? Article 11 The scope of government commitment may involve land use related to franchise projects, provision of relevant infrastructure, giving necessary subsidies, and preventing unnecessary repetitive competition in project construction. However, it is not allowed to commit to commercial risk sharing, fixed return on investment and matters prohibited by laws, regulations and rules. ?
if the franchisee undertakes the mandatory tasks of the government in order to achieve the public welfare goal, the government shall give subsidies. ? Article 11 A legal person or other organization applying for franchising shall meet the following conditions:
(1) It is registered according to law and has the corresponding professional ability; ?
(2) Good bank credit and financial status and corresponding repayment ability; ?
(3) corresponding registered capital, equipment and facilities; ?
(4) the person in charge of technology and operation has corresponding experience and achievements, and other key positions have corresponding professional ability;
? (5) A feasible business plan. ?
citizens who apply for franchising in items (3), (4) and (5) of Article 2 of these Measures shall have corresponding professional abilities. Article 12 The franchisee shall be determined by fair competition such as bidding and auction. ?
if the bidding method is adopted, it shall be carried out according to the legal procedures of bidding and tendering, and the winning result shall be publicized in the news media for 11 days; If there is no objection at the expiration of the publicity period, a franchise agreement shall be signed in time. ?
if the auction method is adopted, it shall be conducted by an auction enterprise established according to law according to legal procedures. ?
if the franchisee cannot be determined by bidding or auction according to law, the municipal or county people's government may grant the franchise right by direct entrustment under the guidance and supervision of the construction administrative department or other relevant administrative departments determined by the people's government at a higher level, and sign a franchise agreement with the franchisee. ?