Outdoor Advertising Rights, Chongqing Public Transfer Of Interim Measures

Original Language Title: 重庆市户外广告位经营权公开出让暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346626.shtml

Outdoor advertising rights, Chongqing public transfer of interim measures (October 11, 2010 82nd meeting of the people's Government of Chongqing considered on November 25, 2010, Chongqing Municipal People's Government promulgated as of December 1, 2010, No. 241) first to strengthen the management of outdoor advertisements, urban looks, right to regulate outdoor advertising management public acts of transfer, utilization of urban public space open, fair, just and reasonable configuration according to the People's Republic of China Law on administrative licensing, the

    Chongqing outdoor advertising regulations, and provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second city, city and highway construction control range outdoor advertising franchise should take transparent transfer (public interests need to set public service advertising and temporary outdoor advertising).

    Outdoor advertising article transfer of managerial authority, shall comply with the provisions of relevant laws and regulations, follow the principle of openness, fairness, impartiality and integrity. Article fourth outdoor advertising right in the downtown public transfer schemes, by the area of city appearance and environmental sanitation administration according to the outdoor advertising arrangement plan developed in conjunction with relevant departments, after review by the municipal city appearance and environmental sanitation administration, reported to the municipality for approval before implementation.

    Other counties (autonomous counties) outdoor advertising management public transfer schemes, by District (County) of city appearance and environmental sanitation administration according to the outdoor advertising arrangement plan developed in conjunction with relevant departments, and reported to the local people's Government for approval.

    Fifth city appearance and environmental sanitation administration according to the master plan, requested by the coordination, beautiful, in conjunction with the planning, construction, industry and commerce, and other relevant departments to produce outdoor advertising arrangement plan, reported to people's Governments at the same level for approval promulgation and implementation. Main city outdoors advertisement installation plan prepared by the municipal city appearance and environmental sanitation administration.

    Outside of the main city district (County) outdoor advertising arrangement plan by the district (County) Administrative Department of sanitation.

    Preparation of the outdoor advertising arrangement plan should seek public views, experts, industry associations, and advertisers.

    Sixth outdoor advertisement management should be based on region or road as the smallest unit to transfer. Seventh government investment construction of public facilities within the outdoor advertising operation rights transfer, commissioned by the city appearance and environmental sanitation administration as one United property rights Exchange transfer in Chongqing.

    Other outdoor advertising operation rights transfer, proposed by the owners to the local administrative Department of sanitation application or by the Administrative Department of sanitation after the consent of the property owner agreed, into a unified public transfer schemes, and transfer of city appearance and environmental sanitation administration who United property rights Exchange transfer in Chongqing.

    Article eighth United assets and equity exchange should be open to the public in Chongqing intended assignee, assignee of intent for two or more, should be in public bidding way. Nineth intended assignee for law qualifications approved and registered outdoor advertising businesses or self-employed.

    Intended assignee shall submit beforehand the business license, legal representative of identity, authorization, power of Attorney, issued by the Bank of credit and other relevant information.

    Tenth city outdoor advertisement management right transfer price may entrust the assessment of qualified intermediaries to assess identified can also be determined by the principal market reference price.

    11th outdoor advertising management public transfer in accordance with the following procedures: (A) sign the lease trust agreements.

    Management of city appearance and environmental sanitation departments and United assets and equity exchange of Chongqing, Chongqing signed the right to operate outdoor advertising public transfer of trust agreements, clear responsibilities and obligations of both parties and delegate fees. (B) determine what to transfer.

    City appearance and environmental sanitation administration Chongqing joint equity exchange offer outdoor advertising management public transfer schemes approved by the Government, and identify each outdoor advertising rights on public transfer of specific requirements. (C) publish assignment information.

    United property rights exchange of Chongqing public release by the city appearance and environmental sanitation Administration to provide the transfer notice and related attachment materials. (D) the registration of intention.

    Eligible assignee of intent in accordance with the requirements of the transfer notice, in the information requested within the time limit for registration procedures. (E) the transaction contract. Information expires, only the intention to produce a qualified assignee, assignee, price determined according to the principle of listing price and price is higher; two or more eligible intended assignee, should organize public bidding, the highest which is the assignee.

    After you identify the assignee, issued by the Chongqing United assets and equity exchange to the assignee of the confirmation letter. 12th the assignee should deal in the 5th with the confirmation and city appearance and environmental sanitation Administration signed contracts for the assignment of the right to operate outdoor advertising.

    As outdoor advertising outdoor advertising of the contract of assignment of the right to set special permit approval, no longer single set to be approved.

    Contracts for the assignment of the right to operate outdoor advertising outdoor advertising on front license approval.

    13th assignment plan calls for the delegates of the assignee shall, in accordance with article 3 above with the corresponding qualification of Design Unit develop outdoor advertising design programme, organized by the transferor related departments and expert review of outdoor advertising design, determine the outdoor advertising arrangement plan. Article 14th outdoor advertising right will expire normally last for 3 years, and should not be longer than 5 years. Expiration date since the signing of the letter of confirmation 60 days from the date of commencement.

    Outdoor advertising to reorganize after the expiry of the right to use public transfer.

    15th assignee obtained the right to outdoor advertising again transferred, again transfer the assignee shall comply with the relevant conditions as provided herein, and the original grant outdoor advertising management of city appearance and environmental sanitation management Department for approval, in accordance with the provisions of the change procedures, duration of transfer shall be deducted.

    16th due to urban construction, management needs to recover the operating period is not full of outdoor advertising right, shall, in accordance with the contract of transfer useful life remaining proportional refund and bank interest. Article 17th all outdoor advertising operation rights transfer revenue, after deducting public transfer of costs by the Government and owners of split 3:7. Government income, into non-tax revenue management, for use in outdoor advertising management public sale, outdoor advertisements and other municipal infrastructure management.

    Income from property owners should pay taxes according to regulations.

    18th the assignee provided false documents, bribery, collusion and other illegal means to obtain outdoor advertising management and public transfer results; losses caused to a transferee, shall bear the compensation liability constitutes a crime, criminal responsibility shall be investigated according to law.

    19th participate in outdoor advertising of public transfer of the right staff member should observe discipline, probity, abuse, malpractice, neglect their duties, shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law.

    20th before the implementation of these measures has been approved by the Municipal Government of the outdoor advertising arrangement plan and the Municipal Government has authorized or selling outdoor advertising rights, set age limits should be approved or authorized after the expiration, transfer public transfer according to these measures. 21st article this way come into force on December 1, 2010.