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1、贵州省风景名胜区内项目特许经营管理暂行办法Guizhou peoples government (unit)20050805 (date of promulgation)20050901 (implementation time)Temporary measures for the management of project franchise in the scenic area of guizhou provinceChapter I general provisionsChapter ii franchisingChapter iii supervision and administra
2、tionChapter iv legal responsibilitiesChapter v supplementary provisionsChapter I general provisionsArticle 1 for the purpose of regulating the scenic area development activities, safeguard national interests, public interests and the legitimate rights and interests of the concessionaire scenic areas
3、 within the project, according to the relevant laws and regulations, combined with our province reality, these measures.Article 2 these measures shall apply to the franchising and supervision and management activities of the projects in the scenic spots within the administrative region of our provin
4、ce.Article 3 the term franchise scenic areas within the project, refers to the citizens, legal persons or other organizations in accordance with the specific program, legal standards and conditions, in a certain period and range, paid acquisition is engaged in the scenic area within the whole or a s
5、ingle project investment and management rights.Franchising project including scenic area in infrastructure construction and maintenance, transportation (fleet, the fleet, YouLu, cableway, etc.), rafting and necessary food and beverage, accommodation, merchandise sales, entertainment, photography, ca
6、mera and tourist service, etc.Venues for religious activities shall not be included in the scope of franchising projects.Article 4. Scenic spots shall be formulated in accordance with the law. The overall planning and control plan of the scenic area is unapproved, and the development and constructio
7、n of franchising shall be prohibited.Where a franchising project is carried out, it shall meet the approved plans and submit them in accordance with the prescribed procedures.Article 5 scenic spots and resorts shall be owned by the state, and shall not be allowed to sell or transfer scenic spots and
8、 scenic spots or scenic spots or scenic spots in violation of the relevant laws and regulations of the state.The assets formed by the state investment in the scope of franchising shall belong to the state; After the evaluation of the law, it can take the price of the ownership, lease and other means
9、 by the franchisee to operate and manage.Article 6 the concessionaire in the concession period, according to the plan within the scope of the charter update, transformation and the new cultural landscape, and other facilities, after the expiration or termination of the franchise, owned by the govern
10、ment free of charge.Article 7 scenic areas within the project (hereinafter referred to as the franchise) franchise authorized scenic spot is located in the city, which is a kind of (states,) (area), county (city) of the peoples government of the peoples government or its determine the construction a
11、dministrative department, scenic area management agencies (hereinafter referred to as the authorized subject).Article 8 the administrative department of provincial construction shall be responsible for the guidance and supervision of the franchising operation of the project within the provincial sce
12、nic spot.Scenic area management institution or has not yet established the scenic area of the world governing body of local construction administrative departments at or above the county level shall be responsible for the specific implementation of franchising project, supervision and administration
13、 work.The relevant administrative departments shall supervise the franchising activities according to their respective functions and duties.Chapter ii franchisingArticle 9 the project franchising may take the following ways:(a) the maximum duration of franchising of the overall project is 20 years.
14、During the term of franchise, the franchisee to scenic area overall planning and detailed planning control allows all developmental and operational projects within the scope of investment and construction, operation, according to the franchise agreement after the expiry of the free transfer of the g
15、overnment.(2) the longest period for a single project shall be 15 years. During the term of franchise, the franchisee to scenic area overall planning and detailed planning control allows within the scope of the individual developmental or business projects for the construction and operation, accordi
16、ng to the franchise agreement after the expiry of the free transfer of the government.Article 10 of the scenic area management institution or has not yet established the scenic area of the world governing body of local construction administrative departments at or above the county level shall, accor
17、ding to the scenic area planning and development needs, develop project charter operation programs.The project franchising scheme of the national key scenic spot,The relevant departments and experts shall be organized by the competent departments and experts of the provincial construction administra
18、tion to conduct the feasibility study and approval before the implementation can be organized. Provincial and county (city) level franchise projects within the scenic area shall be checked and ratified by the municipal administrative department (state, and the construction organization after the app
19、roval of relevant departments and experts to feasibility and, to organize the implementation, and shall be submitted to the provincial construction administrative departments for the record.Article 11 the authorized subject shall, in accordance with the provisions of the tendering and tendering meth
20、od, adopt the development plan bidding method to determine the franchisee.The development plan should include protection measures, planning and implementation, project setting, investment planning, investment analysis, marketing strategy, and development goals.By not subject to tender according to l
21、aw to determine the franchisee, the national key scenic spot with the approval of the provincial peoples government, provincial, county (city) level scenic spot with the approval of the provincial construction administrative departments, authorized subject can adopt other ways fair competition award
22、ed franchise business operators.Article 12 a bidder for a franchise shall have the following conditions:(1) the legal tender subject qualification;(2) a complete and feasible development plan;(3) the technical and management personnel have corresponding professional experience and performance, and o
23、ther key post personnel have corresponding working ability;(4) corresponding funds, equipment and facilities;No breach of credit records.Article 13 the authorized subject shall enter into a franchise agreement with the winning bidder or the authorized operator determined according to law. The conces
24、sion agreement shall include the following contents:(1) project name and content;Scope, method and duration of the franchise;(3) the method of collecting tickets;(4) measures and funds for resource protection and ecological construction;(5) quantity, quality and standards of products or services;(6)
25、 term and means of investment and financing;(7) settlement of debts;(8) the methods and standards for the royalty collection of royalties;(9) resource protection and asset disposal at the time of the withdrawal and termination of the franchise;(10) the terms and procedures of the period of the conce
26、ssion or the early withdrawal of the project by the government;(11) liability for breach of contract;(12) dispute resolution;(13) other matters which the two parties consider to be agreed upon.Article 14 a draft agreement on the franchise agreement of the state key scenic spot shall be signed by the
27、 authorized subject and the franchisee after the approval of the administrative department for construction of the province.The draft of the franchise agreement of the provincial and county (city) level scenic spots shall be submitted to the provincial construction administration department for the
28、record by the authorized subject and the franchisee.Article 15 the provincial construction administrative departments shall make a decision within 20 days from the date of receipt of the draft agreement on the franchise agreement of the state key scenic spot. If a decision cannot be made within 20 d
29、ays, the person who has been approved by the person in charge of this administrative organ may extend the period of 10 days, and the reasons for extending the term shall be given to the administrative counterpart.Article 16 the franchisor who has obtained the franchising shall pay royalties to the f
30、ranchise.The standards for royalty fees shall be formulated by the provincial construction administrative department together with the provincial finance and price departments.The royalty fee shall be charged by the authorized subject, which shall be included in the budget of the local financial fun
31、d at the same level, which shall be used for the protection, planning, construction and management of scenic spots.New scenic area of the whole franchise franchise royalties of the project, after approved by the department of franchise fee standards, can achieve the reduction, exemption from franchi
32、se after five years.Article 17 tickets to scenic spots shall be collected and managed according to the relevant regulations. Ticket price shall be formulated and adjusted according to law by the competent department of price.Article 18 the franchising operator shall, within the scope of the franchis
33、e agreement, operate within the limits of its own business and take risks, and no unit or individual may illegally interfere.Article 19 during the franchising period, when the force majeure cannot be operated normally, the franchisee shall apply to the authorized subject, and after the approval, the
34、 franchisor may terminate the franchise in advance.Operating facilities, safety facilities do not meet the standards, or there are obvious safety hazards.Article 31 an authorized subject shall be ordered to make corrections within a prescribed time limit in one of the following circumstances; If a c
35、rime has not been constituted, the persons directly responsible and other persons directly responsible shall be given administrative sanctions according to law:(1) to develop and implement franchising without prior approval of the overall planning and control details of scenic spots and scenic spots
36、;(2) granting a franchise to an applicant who does not meet the statutory requirements or granting the franchise rights beyond the statutory authority;(3) for projects that meet the conditions for bidding and tendering, or select the franchisee without bidding or not according to the result of the b
37、idding.Article 32 the government and its relevant departments, and fails to perform or not properly perform supervision and administration of mean term aim of famous scenic sites, the cause of scenic resources, ecological environment destruction, loss of state-owned assets, or violations of the admi
38、nistrative relative persons legitimate rights and interests by its superior administrative organ or the supervisory organ shall order correction within a time limit; If a crime has not been constituted, administrative sanctions shall be imposed on the directly responsible officers and other persons
39、directly responsible.Article 33 if a member of the authorized body engages in malpractices for personal gain, abuse of power, and has not yet constituted a crime, he shall be given an administrative sanction according to law.Chapter v supplementary provisionsArticle 34 these measures shall come into force as of September 1, 2005.Records of the legal office of the state council on September 5, 2005 (source)Local regulations (category)Y (logo)1 (level)