Article 1 (Purpose Basis)

In order to make full use of the market competition mechanism to allocate public resources, create an open, fair and just market environment, and protect the interests of the public, the safety of the public and the legitimate rights and interests of franchisees, in accordance with the Administrative Licensing Law of the People's Republic of China and other laws and regulations, combined with Chengdu,

article 2 (definition of terms)

the government franchise (hereinafter referred to as franchise) as mentioned in these measures refers to the market access right to the development and utilization of limited natural resources, the allocation of public resources and specific industries directly related to public interests obtained through specific procedures.

the term "transfer of franchise rights" as mentioned in these measures refers to the behavior that the government grants franchise rights to operators within a certain period of time.

the term "transfer of franchise rights" as mentioned in these measures refers to the behavior of an operator transferring the franchise rights to other operators or investors during the franchise period.

article 3 (scope of application)

these measures are applicable to the transfer, operation and management of franchise rights within the administrative area of this municipality.

The following projects that are directly related to the interests of the public and involve the allocation of public resources and the development and utilization of limited natural resources can be franchised:

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

(2) sewage treatment and garbage disposal;

(3) urban rail transit and other public transportation;

(4) Other items as stipulated by laws, regulations and rules.

article 4 (division of powers)

the franchise rights within the administrative area of this municipality shall be managed by the people's governments at the city, district (city) and county levels. The main body of the franchise is the people's government of the city or district (city) county.

the municipal people's government uniformly manages the right to operate bus lines, the right to operate natural gas pipelines and pipelines, and the franchise rights in five urban areas (including Chengdu High-tech Zone) such as Jinjiang, Qingyang, Jinniu, Wuhou and Chenghua, and other areas designated by the municipal people's government.

the people's governments of other districts (cities) and counties outside the five urban areas shall designate a government department to be responsible for the management of franchise rights within the scope of power in accordance with these measures.

article 5 (decision-making management body)

the municipal people's government shall set up a franchise management Committee (hereinafter referred to as the municipal franchise Committee), which shall be responsible for the decision-making and management of franchise transfer, and on behalf of the municipal people's government, examine and approve the franchise transfer plan (hereinafter referred to as the transfer plan) and the franchise transfer contract (hereinafter referred to as the franchise contract) reported by the industry authorities.

The office of the Municipal Franchise Commission (hereinafter referred to as the Municipal Franchise Office) is located in the municipal development and reform department, and its main responsibilities are:

(1) to formulate policies for franchise rights in the whole city, and to prepare an annual franchise transfer plan for the whole city;

(2) organizing hearings on franchise transfer projects involving the overall economic and social development of the city and major livelihood issues;

(3) organize relevant departments and experts to review the transfer plan submitted by the competent department of the industry;

(4) to guide and coordinate the implementation of the city's franchise transfer, supervise the transfer procedures according to law, and check the signing and performance of the Franchise Contract;

(5) To handle the daily work of the Municipal Franchise Commission and submit the annual franchise supervision and inspection report to the Municipal People's Government.

article 6 (executing agency)

the competent departments of municipal construction, transportation, energy, water affairs, environmental protection, urban management, tourism, civil affairs, public security, forestry and landscape architecture (hereinafter referred to as the competent departments of industries) are responsible for the specific management of franchise rights within the scope of the municipal people's government, and their main responsibilities are:

(1) to prepare franchise projects within the scope of their powers.

(2) organizing and implementing the transfer of franchise rights within the scope of authority according to procedures, and keeping the archives of franchise projects;

(3) Establish an evaluation system for franchise projects and formulate quality evaluation standards for public products and services;

(4) to supervise the franchisees to fulfill their legal obligations and the obligations stipulated in the Franchise Contract;

(5) to supervise the implementation of the franchisee's business plan, the quality of public products and services, and the safety in production;

(6) establish a public participation mechanism, accept public complaints against franchisees, and investigate and deal with illegal acts in a timely manner according to law;

(7) to formulate an emergency plan for temporary takeover, and to temporarily take over the franchise project in case of emergency that endangers or may endanger the interests and safety of the public;

(8) assist relevant departments to calculate the cost of franchisees and put forward opinions on price adjustment;

(9) keep the business secrets and technical secrets known in the franchise management.

relevant administrative departments of state-owned assets, finance, price, industry and commerce, auditing, supervision, etc. shall supervise and manage franchise activities according to their respective responsibilities.

Article 7 (Form and Term of Operation)

Franchising can take the following forms:

(1) The investment, construction and management rights of the project are granted to legal persons or other organizations within a certain period of time, and then they are handed over to the people's government that granted them the franchise free of charge after the expiration of the period;

(2) Grant the management right of completed projects to legal persons or other organizations within a certain period of time, and hand them over to the people's government that granted them the franchise right free of charge 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 operating period of Item (3) shall not exceed 8 years at the longest; Where laws, regulations and rules provide otherwise, such provisions shall prevail.

Article 8 (Disposal after Expiration)

Unless otherwise stipulated by laws, regulations and rules, the competent department of industry shall organize bidding, auction or online bidding according to the procedures stipulated in these Measures, and re-determine the franchisee. The re-determination of the franchisee shall be completed six months before the expiration of the franchise period.

if the original franchisee provides the public products and services that meet the stipulations of the Franchise Contract or the provisions of laws, regulations, national standards and industry standards during the franchise period, it shall enjoy the priority of transferee under the same conditions.

Article 9 (Transfer Procedure)

Franchise rights are transferred according to the following procedures:

(1) Preparation of annual transfer plan: The competent department of industry puts forward the proposed annual franchise rights transfer plan of the industry according to the relevant development strategy and industry development plan of the municipal party committee and municipal government, and the annual franchise rights transfer plan of the whole city is compiled after being balanced by the municipal development and reform department, and incorporated into the annual economic and social development plan of the whole city.

(II) Preparation and submission for approval of the transfer plan: The competent department of industry shall prepare the transfer plan and description according to the annual franchise transfer plan, and formally report the transfer plan to the Municipal Franchise Office, which shall organize relevant departments and experts to demonstrate the plan, and report it to the Municipal Franchise Committee for approval after being revised and improved by the competent department of industry.

(3) Organizing hearings: For franchise transfer projects that need to be heard according to law, matters related to the overall economic and social development of the city and major people's livelihood, matters that involve the significant interests of the applicant or others, matters that the applicant or interested parties apply for a hearing, and franchise transfer projects that the Municipal Franchise Office thinks should be heard, the Municipal Franchise Office will organize a hearing and report the hearing results to the Municipal Franchise Committee as a reference for the examination and approval plan.

(4) Examining and implementing the transfer plan: The Municipal Franchise Committee examines and approves the transfer plan by holding meetings, soliciting opinions and countersigning; The competent department of industry shall, according to the approved transfer plan and authorization, organize the transfer work in accordance with these measures.

(5) selection of business entities: the competent authorities of the industry shall openly, fairly and justly select the objects to be awarded the franchise rights through bidding, auction and online bidding according to law, and publicize the selection results to the public and accept social supervision.

(6) Signing a contract and filing: If there is no objection at the expiration of the publicity period, the department in charge of the industry will sign the Franchise Contract with the grantee; The competent department of industry shall, within 31 days after the signing of the franchise contract, report the contract text to the municipal franchise office for the record.

article 11 (mode of transfer)

the transfer of franchise rights shall comply with the relevant provisions of laws, regulations and rules, and shall be conducted through public bidding such as bidding, auction and online bidding. For franchise projects that are not mature in market conditions or are difficult to be sold through bidding, auction or online bidding due to objective conditions, the competent department of industry shall fully explain the reasons in the transfer plan, and after the approval of the Municipal Franchise Committee, it can be sold by competitive negotiation methods such as listing, invitation to make an offer and direct consultation. The competent department of industry shall organize relevant departments and experts to form an evaluation committee, which shall be responsible for qualification examination and put forward evaluation opinions.

the pre-tender price of a project subject to tender, the reserve price of an auction project, the pre-tender price of an online bidding project and the pre-tender price of other transfer methods shall be determined by the competent department of industry jointly with the competent department of price.

Article 11 (Preparation of Transfer Scheme)

The competent department of industry shall prepare the following transfer scheme of franchise rights according to these Measures, and organize the implementation after reporting to the Municipal Franchise Committee for approval:

(1) The construction department shall prepare the transfer scheme for urban road (bridge) construction and management rights;

(2) The right to operate inland river shipping, passenger taxi, bus line, urban highway passenger line, highway (bridge) construction and management, and urban rail transit shall be assigned by the transportation department;

(3) The management right of pipeline gas supply and gas filling stations shall be worked out by the energy department;

(4) The right to operate domestic garbage, kitchen garbage, excrement (residue), construction garbage and special garbage, and the right to use outdoor advertising carriers shall be assigned by the urban management department;

(5) The tourism management department shall, jointly with the relevant administrative departments of the municipal government, prepare a transfer plan for the management right of tourism resources;

(6) The construction and management right of public facilities such as urban parks shall be worked out by the forestry and landscape management departments;

(7) The naming right of urban roads, bridges, tunnels, leisure squares and other public facilities shall be worked out by the civil affairs department in conjunction with the construction department;

(8) The traffic administrative department of the public security shall work out a transfer plan for the right to use the urban roads of freight cars;

(9) The right to operate urban tap water production and supply and sewage treatment shall be assigned by the water department;

(11) for other projects that need to be franchised by the government according to law, the relevant industry authorities shall prepare the transfer plan.

Article 12 (Contents of Transfer Scheme)

The franchise transfer scheme shall include but not be limited to the following contents:

(1) The name, specific contents, duration and scope of the franchise project;

(2) the specific organization and implementation organization of the franchise transfer scheme;

(3) the operation form and transfer method of the franchise, and the qualification requirements and selection methods of bidders or bidders;

(4) the basic economic and technical indicators of the franchise project and the quantity, quality and standards of public products and services;

(5) franchise contract (except for the contents that need to be determined in the process of transfer through bidding and auction);

(6) whether the franchise right is allowed to be transferred and whether the franchise period is extended or terminated;

(7) preferential policies for the control, adjustment and enjoyment of franchise prices;

(8) the supervisory duties of the government;

(9) take over the emergency plan temporarily;

(11) other matters that should be clarified.

article 13 (information release)

the competent department of industry shall, within 21 days from the date of approval of the transfer plan, publicly release the information on the transfer of franchise rights to the public.

article 14 (application procedure)

to operate the projects specified in article 3 of these measures, a franchise shall be obtained according to law. Citizens, legal persons or other organizations that meet the conditions stipulated in the concession plan may apply for franchise according to the procedures stipulated in the concession plan.

if the existing projects operated by state-owned enterprises or state-controlled enterprises fall within the scope of franchise management, the state-owned assets supervision and administration department shall organize qualified evaluation institutions to evaluate and register the state-owned assets according to law, and then apply for franchise according to the procedures specified in these Measures.

before the implementation of these measures, the project that has legally obtained the franchise right but has not completed the relevant procedures shall be completed after the approval of the Municipal Franchise Committee by the competent department of industry.

article 15 (publicity of results)

the competent department of industry shall publicize the public bidding such as bidding, auction and online bidding, as well as the objects of franchise granting, and the publicity period shall not be less than 21 days.

after the expiration of the publicity period, if there is no objection to the object of franchise granting, with the approval of the Municipal Franchise Commission, the competent department of industry will issue an administrative license certificate to the object of franchise granting.

Article 16 (Signing of Contract)

The competent department of industry shall sign a Franchise Contract with the grantee within 31 days from the date of expiration of publicity.

if it is necessary to set up a project company according to the bidding documents, auction announcements, etc., the winning bidder or the buyer shall register and set up the project company within the prescribed time limit, and the industry authorities shall sign a Franchise Contract with the project company.

article 17 (contents of contract)

the franchise contract shall be consistent with the main contents of the transfer plan, including but not limited to the following specific contents:

(1) the name and contents of the franchise project;

(2) the operation form, region, scope and duration of the franchise;

(3) the amount of the transfer fee, the method of payment and the time limit for payment;

(4) whether the project company is established, its business scope, registered capital, mode and proportion of shareholders' contribution, equity transfer and its restrictions, etc.;

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

(6) investment and financing term, mode, investment return mode and its determination and price adjustment mechanism;

(7) the rights and obligations of the franchisee and the performance guarantee;

(8) Maintenance and renovation of franchise facilities;

(9) conditions for suspension or termination of franchising and compensation scheme;

(11) Safety management, emergency plan, standards, methods and procedures for handover or temporary takeover of franchise projects;

(11) Liability for breach of contract and dispute settlement methods;

(12) the contents of government supervision and social supervision;

(XIII) Handling of matters not covered and other matters agreed in the contract.

The Franchise Contract shall not promise commercial risk sharing, fixed return on investment and other matters prohibited by laws, regulations and rules.

article 18 (effectiveness of the contract)

if the franchise is transferred by means of bidding, auction or online bidding, the franchise contract shall come into effect after it is signed by the competent department of the industry and the grantee of the franchise. If the franchise is transferred by other means, the Franchise Contract shall come into effect after being approved by the Municipal Franchise Committee.

article 19 (management of transfer fee)

the franchisee shall pay the transfer fee of the franchise right in full and on time according to the stipulations in the franchise contract. The leasing of franchise rights belongs to the government's non-tax revenue, which is included in the fiscal budget at the same level, and is managed by two lines of revenue and expenditure, and is subject to audit supervision.

Article 21 (Franchisee's Rights)