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Guangdong Province Price Regulation Fund Management Regulations (Revised 2009)

Original Language Title: 广东省价格调节基金管理规定(2009年修正本)

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High-level Price Adjustment Fund Management Provisions (Amendment 2009)

(Adopted by the 43rd Standing Committee of the Eleventh People's Government of the Great Britain and Northern Province on 10 November 2009, No. 141 of the Decree No. 141 of 16 November 2009, issued as from 1 January 2010)

Chapter I General

Article 1 provides for the full use of economic instruments to regulate the collection, use and management of the price regulation fund and to maintain basic stability in the overall market price levels, in line with the People's Republic of China price law, the application of the People's Republic of China price law in the broader province, and the development of this provision in the light of the actual practice of the province.

Article 2, paragraph 2, applies to the collection, use and management of the price regulation fund within the territorial administration.

Article III refers to the price adjustment fund referred to in this article, which refers to the collection of funds by the Government of the above-mentioned people at the district level for the purpose of cementing, regulating and adapting special funds that are closely linked to the production of the population and the volatility of important commodity prices.

Article IV. Governments of more people at the district level may establish and apply price-administrative funds in accordance with the law to strive to maintain basic market price stability.

The Price Adjustment Fund is governed by sub-sector management. The Government should strengthen the guidance, inspection and supervision of the work of the lower-level people's Government on price regulation.

Article 5 quantification, use and management of the price adjustment fund should be guided by the principles of coherence, openness and transparency, equity and efficiency.

Article 6 Government price authorities are the competent authority of the Price Adjustment Fund, responsible for policy formulation, planning arrangements and oversight management of the Price Adjustment Fund; the financial sector is responsible for the financial management of the Price Adjustment Fund; the local tax sector is responsible for the escation, tribution; and other departments are able to work within their respective responsibilities with respect to the Price Adjustment Fund.

Chapter II

Article 7. The Government of the people at the district level, mainly through the socialization of the price adjustment fund.

Article 8 projects and standards for provincial price regulation funds are:

(i) Accumulates of 0.02 per cent or increase in the manufacture of the consignment;

(ii) The annual sale of electricity from provincial electricity grids at 0.003/000W;

(iii) Conversions for the consortium are levied by 0.04 kidnapped/calibre;

(iv) The amount of water for the collection of water resources in accordance with the law is 0.03 or cubic metres;

(v) The proceeds of the operation for basic telecommunications operators are levied by 0.1 per cent;

(vi) A 50 per cent fee for pre-payments that would not be returned to consumers;

(vii) Other collection projects approved by the Government of the People of the province.

In accordance with projects listed in the previous paragraph, the price regulation fund was determined by the Provincial People's Government's price authorities to make a specific payment obligation and to make it public. The price regulation fund for the same commodities with more than two consignments shall not be repeated.

Article 9 sets of projects and standards for the municipal, district-level price regulation fund are provided by the Government of the people at the local level and made available to society. More than 10 working days from the date of the decision shall be reported to the Government of the Provincial People's Government, the financial authorities.

Article 10. The scale of the price regulation fund should be adapted to local economic, social development and market price regulatory needs, adaptation to unadjusted projects and standards should be adjusted in a timely manner and made available to society.

Article 11 provides for the Social Taxation Fund, which is made available in the local tax sector of the same-ranking people.

Article 12. The paying obligation of the price adjustment fund shall be strictly paid in full accordance with the provisions.

Article 13. The paying obligation of the price adjustment fund shall be declared in the amount of contributions due within the time specified by the Government's price authorities and shall be reported in the form of declaration by the real paying price adjustment fund, the sale (operational) details and other relevant material requested by the Government's price authorities.

Article 14. The Government's price authorities at the district level shall, after the review of the declaration of the payment of the obligation to the price adjustment fund, be promptly summarized, prepare the “Peral Adjustment Fund shall be made available to the local tax authorities of the same people; the local tax authorities shall, in accordance with the request for the award of the price adjustment fund and, in full, to the designated price-relevant households within the specified time frame.

The Government price authorities may account for the amount of contributions in accordance with the relevant financial information.

Article 15. The price regulation fund pays one of the following cases:

(i) Significant economic losses resulting from major epidemics, major natural disasters and major sudden public events;

(ii) Significant economic losses due to other force majeure factors;

(iii) Other cases provided by the Government of the People at the provincial and local levels.

Article 16 requests for reductions in contributions, non-payments or the payment of price adjustments funds shall submit the following material:

(i) The “Establishment, non-contributory or deferred application”, which includes, inter alia, the name of the application unit, the reasons, the related financial statements, and the amount of the application for deduction, non-payment or suspension and the time of the time;

(ii) A copy of the certificate of registration of legal persons in the applicant's office or of the licence;

(iii) Comments of the administrative authorities of the application unit.

Article 17 requests for a reduction, non-payment or relief of the payment of the price adjustment fund shall be submitted to the same-ranking government price authorities, in which district-level government price authorities receive the requested material shall be reported to the Government price authorities within three working days.

Article 18, the Government's price authorities at the provincial and local levels shall, within five working days of the date of receipt of the application for the deduction, non-contributory or commutation of the price adjustment fund, inform the applicant in writing that the grounds for the inadmissibility should be justified; a one-time notification and completion of the request shall be made and a one-time extension of the period of time.

The Government's price authorities should submit a review within 20 working days of the date of receipt of the application to the approval of the Government of the same people. Unauthorized, no deduction shall be made, distributing or devoting the price adjustment fund.

Article 19 Government price authorities at the district level should conduct regular verification of the amount paid by the Price Adjustment Fund and complete verification of the actual amount of the previous year's price adjustment fund by the end of May of the previous year.

Chapter III Use

Article 20

(i) Provide adequate compensation to producers and operators who have suffered economic losses as a result of price interventions and urgent measures taken by the Government;

(ii) Provide producers, appropriate price subsidies for operators and credit closes for abnormal fluctuations in the price of basic life;

(iii) To grant temporary price subsidies to low-income groups that affect basic life due to a substantial increase in prices for basic life or increased prices by Governments;

(iv) To grant temporary subsidies to producers, operators and operators of basic necessities that are severely affected by force majeure, such as natural disasters;

(v) Provide subsidies, subsidies or loans in order to regulate prices, stabilize markets, build reserves and production bases for key commodities, such as basic necessities;

(vi) Other circumstances in which the Government of the people of the province, at the local level, applies in order to regulate the price and stabilize the market.

Article 21, which uses the price regulation fund, should be submitted by the Government's price authorities in conjunction with the relevant sectors such as finance, or by units requiring the use of the price adjustment fund to apply to the local or district government price authorities and approved by the Government of the people at the district level.

Approval of the use of the price regulation fund should clarify specific targets for use and use.

Article 22 requires the use of the price adjustment fund and shall submit the following materials:

(i) The application for the use of the price adjustment fund, including the name of the applicant, the project, the reasons for use, the amount and the manner of payment;

(ii) A copy of the applicant's legal certificate or business licence;

(iii) Specific use of operational programmes;

(iv) The applicant's executive authority.

Article 23 above of the Government's price authorities shall make decisions on admissibility within five working days of the date of receipt of the application and inform the applicant in writing. The applicant is required to supplement the material and should be informed and closed for a one-time period, not to count within the time frame for the receipt of this article; the applicant's excess of the time frame for the provision is still inviolable.

The Government's price authorities should submit a review within 30 working days of the date of receipt of the request to the approval of the Government of the same people.

Article 24 Government price authorities at the district level should receive funds from the same-tier financial sector within three working days from the approval of the Government of the same people for the use of the price adjustment fund. The financial sector should be disbursed in a timely manner, and a separate allocation is required.

Article 25. The use of units shall be strictly consistent with the approval of the use of the price adjustment fund and shall be reported in a timely manner to the same-level people's government prices and financial authorities.

Article 26 Provincial price regulation funds are used primarily for sector-wide market price management and inter-zone balance, mediation, which is developed by the Provincial People's Government price authorities in conjunction with the relevant sectors such as finance, with the approval of the Provincial Government.

The above-mentioned municipalities, the communes' governments need to use provincial price regulation funds to regulate market prices in the Territory, which can be reported on a case-by-step basis to the provincial government for approval.

Chapter IV Monitoring and management

Article 27 The financial sector of the Government of the People at the district level should open a “principle of the Price Adjustment Fund” with the same price authorities in national commercial banks, with the introduction of the “payments-of-payments” management, exclusive storage, independent accounting, specialization, rolling out. The Price Adjustment Fund's Excellence Management Bank should submit a monthly statement of income and expenditure statistics to the same-level people's Government, the financial authorities for the payment of the price adjustment fund.

The Government of the people at the district level may not use the price adjustment fund to balance the current financial budget.

Article 28 imposes a price adjustment fund, which should be used in the form of the accompanying notes to the price adjustment fund.

The Government of the more than twenty-ninth people at the district level is charged with a certain amount of royalties from the current price adjustment fund to compensate for the necessary expenditures of the Fund. The exact amount and the manner in which the costs are charged are determined by the Government of the people of the District.

Article 33 The Government of the people at the district level should strengthen the supervision and management of the price regulation fund. An annual audit of the collection, distributing, crediting, use and use of the price-administering fund was conducted by the audit, inspection services, and the results of the audit were to be presented to society in a timely manner.

Government price authorities should conduct an annual assessment of the collection, use and management of the price-administrative fund with the relevant sectors such as finance, and report the results to the same-ranking people's Government and make them available to society.

Article 31 paying obligations, use units, etc., of the Price Adjustment Fund, should provide information and information on the facts, without denying the provision or misstatement, concealment, false reporting.

Article 32 Government price authorities at the district level should regularly disclose the use of the current price regulation fund to society. Any unit and person shall be entitled to report or prosecute violations committed by the price regulation fund in the form, use, management, and consider that specific administrative acts in the price regulation fund violate their legitimate rights and interests may apply to administrative review or administrative proceedings in accordance with the law.

Sectors such as the Government's prices, finance, inspection, audit and local taxes should be made available to society for the reporting of complaints, complaints telephones and communication addresses.

Chapter V Legal responsibility

Article 33 The price adjustment fund pays its obligations in violation of article 12 of this provision, which is paid by the local tax authorities of the commune at the district level, and which is still unpaid, shall be paid on a daily basis from the date of the contributory payment of 0.05 per cent of the amount of lag, the lagnavy is incorporated into the price adjustment fund and may apply for enforcement in accordance with the law.

Article 34 quantify the payment of the obligation by the price adjustment fund by deceasing, distributing or devoting the price adjustment fund, and the approval of the authority shall revoke the payment, release or deduct the decision, and shall be donated by the price authorities of the Government at the district level with the same financial sector, which may grant a fine of up to three0,000 dollars; in serious circumstances constitute an offence and be held criminal liability under the law.

Article 33XV Utilization units have been granted to use price regulation funds, such as deceasing, with the discontinuation of appropriations by the proxy government price authorities at the district level with the same level of finance, inspection, auditing, recovery of funds that have been disbursed and cancellation of the eligibility of their application for the use of price adjustment funds within three years; in the event of serious crimes, criminal liability is provided by law.

Article 36 Utilization units violate article 25 of the present article and do not use the price adjustment fund in accordance with the approval of the use of the royalties, which will be converted to the same level of finance, inspection, audit department accountability, termination of the allocation and recovery of funds allocated, and criminal liability under the law, in accordance with article 25 of the present article;

Article 337, in violation of article 31 of the present article, by the price-administrative authority of more than the population at the district level, is correct; is still uncorrected and criticized; and criminal liability is prosecuted under the law in the event of serious crimes.

Article 338 is one of the following cases in the Government of the people at all levels and in the relevant sectors, which is modified by the deadline for the accountability of the executive organs of the superior and other persons directly responsible for the direct responsibility of the law; and which constitutes an offence and is criminally criminalized by law:

(i) Exclusively to the establishment of price-relevant projects or changes in scope;

(ii) Excluding authority or in breach of the prescribed procedures to develop and adapt the price adjustment fund-gathering standards;

(iii) Exclusiveness, relief, removal or relief of the price adjustment fund beyond the authority or in violation of the prescribed procedures;

(iv) Violations of the provision for changes in the use of the price regulation fund or other infringements of the use of the price adjustment fund;

(v) In violation of the provisions of the management of the income and expenditure line;

(vi) Constraints, misappropriation and intrusion of the price adjustment fund.

In violation of this provision, staff at all levels of the relevant sectors of the people's government should be held accountable by law for administrative responsibility, in the event of serious crimes, and in accordance with the law.

Annex VI

Article 40 Specific application rules for the collection, use and management of the price adjustment fund are developed by the provincial government price authorities in conjunction with the financial and tax sectors.

Article 40