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The Administrative Measures for Infrastructure and Public Utilities Concessions stipulate that infrastructure and public utility concessions shall adhere to openness, fairness and impartiality to protect the trust and interests of all parties, give full play to the advantages of social capital imitation financing, professionalism, technology and management, and improve the quality and efficiency of public services; Transform the best functions and strengthen the first consultation and cooperation with social capital; Protect the legitimate rights and interests of social capital and ensure the continuity and stability of franchising; Take into account the balance between business and public welfare, and safeguard the public interest.
Infrastructure and public utilities franchise management measures first in order to encourage and guide social capital to participate in the construction and operation of infrastructure and public utilities, improve the quality and efficiency of public services, protect the legitimate rights and interests of franchisees, protect the public interest and public safety, and promote the sustainable and healthy development of the economy and society, these measures are formulated. Article 2 of the Measures for the Administration of Infrastructure and Public Utilities Concessions in the People's Republic of China in the fields of energy, transportation, water conservancy, environmental protection, municipal engineering and other infrastructure and public utilities concession activities, these measures shall apply.
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Article 1 These measures are formulated to encourage the return to Denmark and guide social capital to participate in the construction and operation of infrastructure and public utilities, improve the quality and efficiency of public services, protect the legitimate rights and interests of franchisees, protect the public interest and public safety, and promote the sustainable and healthy development of the economy and society.
Article 2 These measures shall apply to the business activities of special undertakings in the fields of energy, transportation, water conservancy, environmental protection, municipal engineering, and other infrastructure and public utilities within the territory of the People's Republic of China.
Article 3 The term "infrastructure and public utilities concession" in these measures refers to the use of competition to authorize legal persons or other organizations within and outside the territory of the People's Republic of China in accordance with the law, through agreements to clarify rights, obligations and risk sharing, and to agree that they invest in the construction and operation of infrastructure and public utilities within a certain period of time and obtain benefits and provide public goods or public services.
Article 4 Infrastructure and public utilities concessions shall adhere to openness, fairness and justice, protect the trust interests of all parties, and follow the following principles:
1) Give full play to the advantages of social capital financing, professionalism, technology, and management, and improve the quality and efficiency of public services;
2) Transform the functions of the company and strengthen the consultation and cooperation with social capital;
3) Protect the legitimate rights and interests of social capital and ensure the continuity and stability of franchising;
4) Take into account the balance between business and public welfare, and safeguard the public interest.
Article 5 Infrastructure and public utilities concessions may take the following forms:
A) within a certain period of time, ** grant the concessionaire to invest in new construction or expansion, operation of infrastructure and public utilities, the expiration of the term to hand over**;
2) Within a certain period of time, ** grant the concessionaire to invest in new construction or renovation and expansion, ownership and operation of infrastructure and public utilities, and transfer ** at the expiration of the period;
C) the concessionaire to invest in new or expanded infrastructure and public utilities and handover, by the first grant to operate within a certain period of time;
4) Other methods provided for by the state.
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Article 1 These measures are formulated to encourage and guide social capital to participate in the construction and operation of infrastructure and public utilities, improve the quality and efficiency of public services, protect the legitimate rights and interests of franchisees, protect social public interests and public safety, and promote sustainable and healthy economic and social development.
Article 2 These measures shall apply to the concession activities in the fields of energy, transportation, water conservancy, environmental protection, municipal engineering and other infrastructure and public utilities within the territory of the People's Republic of China.
Article 3 The term "infrastructure and public utilities concession" in these measures refers to the use of competition to authorize legal persons or other organizations within and outside the territory of the People's Republic of China in accordance with the law, through agreements to clarify rights, obligations and risk sharing, and to agree that they invest in the construction and operation of infrastructure and public utilities within a certain period of time and obtain benefits and provide public goods or public services.
Article 4 Infrastructure and public utilities concessions shall adhere to openness, fairness and justice, protect the trust interests of all parties, and follow the following principles:
1) Give full play to the advantages of social capital financing, professionalism, technology, and management, and improve the quality and efficiency of public services;
2) Transform the functions of the company and strengthen the consultation and cooperation with social capital;
3) Protect the legitimate rights and interests of social capital and ensure the continuity and stability of franchising;
4) Take into account the balance between business and public welfare, and safeguard the public interest.
1. What are the approaches to infrastructure and utility concessions.
A) within a certain period of time, ** grant the concessionaire to invest in new construction or expansion, operation of infrastructure and public utilities, the expiration of the term to hand over**;
2) Within a certain period of time, ** grant the concessionaire to invest in new construction or renovation and expansion, own and operate basic Biliang facilities and public utilities, and hand over ** at the expiration of the period;
3) After the concessionaire invests in new or renovated and expanded infrastructure and public utilities and hands them over, it shall be granted to operate for a certain period of time;
4) Other methods provided for by the state.
Second, the franchise project implementation plan should include those.
1) The name of the project;
2) the project implementation agency;
3) The scale of the project, the total amount of investment, the progress of implementation, and the standards for providing public goods or services, and other basic economic and technical indicators;
4) Return on investment, ** and its measurement;
5) Feasibility analysis, that is, analysis and estimation of reducing the cost of the whole life cycle and improving the quality and efficiency of public services;
6) Draft framework of the franchise agreement and the term of the franchise;
VII) the franchisor should have the conditions and selection;
8) Commitments and guarantees;
9) the expiration of the franchise term after the disposal of assets;
10) Other matters that should be clarified.
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Legal Analysis: It is formulated to encourage and guide social capital to participate in the construction and operation of infrastructure and public utilities, improve the quality and efficiency of public services, protect the legitimate rights and interests of Duan Lu, the operator of the special burning car, protect the public interest and public safety, and promote the sustainable and healthy development of the economy and society. It was promulgated by the National Development and Reform Commission of the People's Republic of China and other six departments on April 25, 2015, and came into force on June 1, 2015.
Legal basis: "Infrastructure and Public Utilities Franchise Management Measures" Article 1 In order to encourage and guide social capital to participate in the construction and operation of infrastructure and public utilities, improve the quality and efficiency of public services, protect the legitimate rights and interests of franchisees, protect social public interests and public safety, and promote sustainable and healthy economic and social development, these measures are formulated.
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