Chongqing Scenic Area Project Management Management Approach

Original Language Title: 重庆市风景名胜区项目经营权管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369095.shtml

Chongqing scenic area project management management approach

    (February 2, 2012, Chongqing Municipal People's Government for the 118th general meeting February 12, 2012, Chongqing Municipal People's Government order No. 263, published since April 1, 2012) the first to standardize project management activities within the scenic area, effective protection and rational utilization of the city's scenic resources, according to the scenic area and the scenic area, Chongqing, as well as relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article in the administrative area of the city within the project management activities of scenic units and individuals shall abide by these measures.

    Scenic projects right in these measures refers to citizens, legal persons or other organizations in accordance with the provisions of the relevant laws and regulations and these rules, and within a certain time period, access to scenic travel, ropeway, ropeway, rafting, dining, lodging, sports, entertainment, merchandising, photography (as) transportation, service projects, such as the rights to access.

    Article scenic area project management management should follow scientific plan, strict protection, management and sustainable use principles. 

Fourth city departments in charge of the city's scenic landscaping project management supervision and administration.

District (County) shall determine the administrative authorities responsible for the administration of scenic scenic area right of supervision and administration of the project.

Scenic area Administration Office for organization-specific implementation of this scenic area project business plan development, Manager, Contracting, as well as for the determination of the relevant supervision and administration.

    City and district (County) Government departments according to their respective duties, implementation of the supervision and administration of scenic spots project management.

Fifth scenic area management bodies should be according to the scenic area planning and development needs, develop scenic area project management types, standards, conditions, duration and scope of specific programmes.

Scenic projects operating a maximum term of not more than 20 years.

    Laws and regulations on the project management of scenic settings otherwise provides, from its provisions.

Sixth scenic area project management plan should be organized by the scenic area administration departments and experts to conduct feasibility studies.

State-level and cross-district (County) municipal-level scenic area project management plan should be approved by the municipal gardening authorities; other city scenic area project management plan shall be approved by District (County) scenic spot administrative departments approved, landscaping, and city departments.

    City gardening departments and district (County) scenic spot administrative departments shall be made within 1 month if approved project management plan decisions in scenic. Article seventh scenic scenic of the management body shall, in accordance with the approved project management plan, bidding, auction and listing to determine eligible operators of fair competition.

Scenic area management bodies should be the project operator signed an agreement defining their respective rights and duties according to law.

    Scenic area within the original inhabitants used their homes to engage in business activities, should ask the scenic area administration.

Article eighth scenic area project management operators, as well as scenic spots within the use of their original inhabitants of habitation engaged in business activities shall handle the registration formalities in those engaged in business activities.

    Project management was not made scenic, shall not project management activities in scenic areas.

Nineth scenic resources belong to the State, project management activities in scenic areas, they shall pay a fee for paid use of scenic resources.

Fair competition through bidding, auction and listing, means the operator, scenic resource use fees paid for bidding, auction and listing of fair competition, such as transaction price.

    Scenic resource use fees paid for two lines of income and expenditure management.

Article tenth scenic projects the right bidder shall satisfy the following conditions:

(A) have appropriate professional qualifications, qualifications;

(B) with good credit;

(C) the practical operation of the program, (iv) appropriate financial security;

    (V) other conditions stipulated by laws and regulations.

11th scenic area project management agreement shall include the following information:

(A) project name, business scope, operating regional and operating period;

(B) the scenic resources compensation fees and other related fees and method of payment;

(C) the agreement period of performance, safety, resource protection, ecological construction measures;

(D) termination and change of project management;

(E) the ownership and disposition of the relevant equipment, facilities;

(F) upon expiration or termination of the right of the debt and asset disposal;

(VII) right when the force majeure occurred and the operating period of the disposal;

(VIII) liability for breach;

(IX) dispute;

(10) the parties consider it necessary to other matters as agreed.

    City gardening departments together with the municipal industrial and commercial departments to develop project management agreement of scenic model, for use by the parties.

    12th article national and across district (autonomous) of city level landscape places District project business agreement, should by signed the agreement of landscape places district management institutions in 10 a days within reported City Garden green competent sector record; other city level landscape places District project business agreement, by signed the agreement of landscape places district management institutions in 10 a days within reported location district (autonomous) landscape places district administrative competent sector record. 13th involving public safety and maintain the normal operation of the scenic tourist transport and other projects, the right expires or is cancelled according to law, scenic area management should take over in time, and to take effective measures to maintain the continuity of its operations and services.

In the scenic area administration took over, the original operator shall cooperate with the scenic area administration to maintain normal operations.

Creditor's rights and liabilities of the original operators of the project are not taken over because of the take-over.

    Scenic spot after the authorities took over the project, it should be in accordance with this regulation in a timely manner to redefine operators.

Article 14th scenic area project manager, one of the following acts, a rectification by the scenic area management bodies; late is still not corrected, fined a maximum of 500 Yuan and more than 3000:

(A) using misleading, fraudulent or other improper means showmanship, sale of goods or services;

(B) which followed the sell stuff or hard sell;

(C) to facilitate the illegal operation or other illegal activities.

    Violation of the provisions of the preceding paragraph within 1 year total more than 3 times, canceled its project management, terminating the project management agreement.

15th scenic area project manager, one of the following acts, a rectification by the scenic area management bodies who fails to correct, cancel its project management, terminating the project management agreement:

(A) from the scenic projects achieved within 1 year from the date of the right not to implement the development plan or operation of the project, unless due to force majeure;

(B) without changing the business scope, operating area;

    (C) does not pay the scenic resource use fees paid.

16th scenic area project manager during the operation of any of the following acts, right to the scenic area administration should cancel the project, terminating the project management agreement:

(A) unauthorized business, business affecting public interests or public security;

(B) because of poor management, quality, production, food, health and other major security incidents;

    (C) engage in other activities prohibited by laws and regulations.

    17th article landscape places District project operators in investment, and construction, and business process in the, on around scene, and water, and forest grass vegetation, and wildlife resources and terrain landforms caused damage of, by landscape places district management institutions ordered stop violations, and deadline recovery undisturbed or take other remedy measures; late not recovery undisturbed or take effective measures of, landscape places district management institutions should canceled its project right, terminated project business agreement, and in accordance with about legal regulations regulations be punishment.

    18th article violates these rules, cannot get the scenic area right of citizens, legal persons or other organizations without authorization and project management activities in scenic areas, scenic area management bodies or relevant administrative departments in accordance with the relevant laws and regulations will be punished.

    19th scenic area management bodies and other relevant administrative organs in the scenic area of project management implementation and supervision work, abuse of power, negligence, malpractice, by rectification of their higher administrative authorities or supervisory bodies are serious, the directly responsible person in charge and other direct liable persons shall be given sanctions; a suspected crime, transferred to judicial organs for handling.

    Article 20th acts in violation of these rules and has made the provisions of other laws and regulations, from its provisions.

21st article this way come into force on April 1, 2012. Before the implementation of these measures has been implemented in the scenic area of project management activities, operating period has not expired, shall, in accordance with this approach by the scenic area administration signed with the operator in accordance with the stated scope and remaining life project management agreement; operating period expires, according to these measures to redefine operators.