These Regulations shall not apply to the planning, construction, operation and related management activities of self-built gas facilities, provincial natural gas pipeline networks and their directly supplied power generation and industrial natural gas facilities.
Where laws and regulations provide otherwise for special equipment such as pressure vessels and pipelines, such provisions shall prevail. Article 3 The term "gas" as mentioned in these Regulations refers to natural gas, liquefied petroleum gas, artificial gas and other gas fuels used in daily life and production, but does not include biogas and straw gas. Article 4 The development of gas industry shall follow the principles of unified planning, safety first, guaranteed supply, orderly competition, standardized service and strict management. Article 5 The people's governments at or above the county level and their relevant departments shall take measures to gradually popularize the use of gas, popularize new technologies, new processes and new products that are safe, energy-saving and efficient, strengthen the supervision and inspection of gas safety and education on safe use, and improve the management level of gas. Article 6 The administrative departments of construction (or urban management and municipal utilities) of the people's governments at or above the county level (hereinafter referred to as the administrative departments of gas) shall be responsible for the management of gas within their respective administrative areas.
The departments of development and reform, planning, safety supervision, quality and technical supervision, public security, economy and trade, industry and commerce, price, transportation, maritime affairs and environmental protection of the people's governments at or above the county level shall, according to their respective responsibilities, do a good job in gas management. Chapter II Planning and Construction Article 7 The municipal and county gas authorities shall, jointly with relevant departments, work out the gas professional planning according to the local national economic and social development planning, the overall urban planning or the overall county planning.
The preparation of gas professional planning shall solicit the opinions of the competent department of gas at the next higher level and be implemented after approval in accordance with the prescribed procedures. Eighth urban construction should be in accordance with the detailed urban planning and gas professional planning, supporting the construction of corresponding gas facilities or reserve land for supporting the construction of gas facilities. The reserved land for supporting the construction of gas facilities shall not be changed without the approval of legal procedures.
The development of new urban areas, the transformation of old urban areas, the construction, renovation and expansion of roads, bridges and other municipal projects, and the supporting construction of pipeline gas facilities according to the needs of gas professional planning, pipeline gas facilities (including safety facilities) shall be designed, constructed and accepted simultaneously with the main project. Ninth new construction, renovation and expansion of gas engineering projects, should be in line with the professional planning of gas, approved by the competent department of gas, in accordance with the relevant provisions of the state and province for project approval or filing procedures.
The planning department shall solicit the opinions of the competent department of gas before issuing the planning permit for gas projects. Tenth gas engineering survey, design, construction and supervision, should abide by the relevant laws and regulations, the implementation of national and provincial standards and technical specifications. The equipment and materials selected for gas engineering construction shall conform to the relevant national and provincial standards. Eleventh after the completion of the gas project, the gas project construction unit shall organize the completion acceptance according to law, and within fifteen days from the date of the completion acceptance of the gas project, the completion acceptance shall be filed with the competent department of gas. Without acceptance or unqualified acceptance, it shall not be delivered for use. Twelfth gas engineering construction units shall, in accordance with the provisions of the state and the province on file management, after the completion of the gas project, timely hand over the complete engineering and technical files to the urban construction archives management institution. Thirteenth gas industry development should introduce market mechanism to encourage non-state-owned capital to participate in the investment and construction of gas industry.
The property right of pipeline gas pipeline network facilities shall be state-owned or state-owned holding. Chapter III Operation and Management Article 14 The franchise system shall be implemented for pipeline gas operation.
Enterprises engaged in pipeline gas franchise shall apply to the municipal and county gas authorities in advance, obtain the franchise granted by the municipal and county people's governments, sign a franchise agreement with the municipal and county people's governments or the gas authorities entrusted by them, and obtain the pipeline gas franchise license. Fifteenth enterprises applying for the franchise of pipeline gas shall meet the following conditions:
(1) An enterprise legal person approved and registered according to law;
(two) have the corresponding ability to perform the contract and bear the responsibility;
(3) Having management and technical personnel suitable for the scale of production and operation;
(four) commitment to accept the relevant mandatory requirements of the franchise agreement;
(5) Other conditions stipulated by laws and regulations.
The granting of pipeline gas franchise shall abide by the provisions of laws and regulations and follow the principles of openness, fairness and impartiality. Article 16 The municipal and county people's governments or the gas authorities entrusted by them shall sign a franchise agreement with the enterprises that have obtained the franchise right of pipeline gas, and issue the franchise license of pipeline gas after the agreement is signed.
The pipeline gas franchise agreement shall generally include the following contents:
(a) the content, area and duration of the franchise;
(2) product quality standards, measurement standards and service specifications;
(3) Methods and principles for determining and adjusting gas prices and other charging standards;
(4) Safety production requirements and safeguard measures;
(five) the ownership and disposal rights of the facilities;
(six) the quality standards for the maintenance, renovation and transfer of facilities;
(seven) the change, transfer and termination of the franchise;
(8) Performance guarantee;
(9) Liability for breach of contract and dispute settlement methods;
(ten) other matters that should be agreed.
The pipeline gas franchise agreement shall stipulate the pipeline network construction plan and universal service obligation undertaken by the pipeline gas operating enterprise.
The franchise period of pipeline gas shall be determined according to the scale of operation, mode of operation, investment return period and other factors of the project, but the longest period shall not exceed 30 years.