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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Guangdong Province price regulation fund management regulations (revised 2009)

    (The people's Government of Guangdong Province, November 10, 2009 11th 43rd Executive meeting November 16, 2009 141th promulgated by the people's Government of Guangdong Province as of January 1, 2010) Chapter I General provisions

    First to standardize the price regulating the collection, use, and management of the Fund, make full use of economic instruments regulating markets, and keep the general price level basically stable, according to the People's Republic of China price law, Guangdong provincial implementation of People's Republic of China approaches the price law, combined with the facts of the province, these provisions are formulated.

    Provisions of this article applies to the price adjustment fund within the administrative area of the province collect, use, and manage.

    Third price adjustment fund in these rules refers to the people's Governments above the county level shall collect, control, regulation and people's production, special funds for important fluctuations of commodity prices closely.

    Fourth people's Governments above the county level can be established according to law and apply the price adjustment fund, efforts to keep market prices basically stable. A price regulation fund management.

    People's Governments at higher levels shall strengthen the work of the lower-level people's Government price regulation Fund guiding, inspecting and supervising.

    Article fifth price regulating the collection, use, and management of the Fund, should follow an integrated and unified principles of openness and transparency, fairness and efficiency.

    Sixth Government price is a price regulation Fund to the competent authority the competent authority, responsible for price adjustment fund policy formulation, planning and supervision; for price regulation fund management of the financial sector; local taxation departments are responsible for the price adjustment fund, levied in lieu of pay; other sectors within the scope of their respective duties and make a price regulation Fund related work.

    Chapter II collection

    Seventh people's Governments above the county level, primarily through a levy on social way, call for price adjustment fund.

    Eighth provincial collection of items and price adjustment fund criteria are:

    (A) by 0.02 Yuan per liter of refined oil products to wholesale link collection;

    (B) for provincial power grid every year sales charge levied by 0.003 Yuan/kWh;

    (C) gas on wholesale link levied according to 0.04 Yuan per cubic meter;

    (D) on the basis that levy should be access to water resources fees levied by 0.03 Yuan/cubic meters of water;

    (E) imposed on Telecom business income on the basis of 0.1%;

    (Vi) failure to refund consumers prepaid communication fee levied according to 50%;

    (G) call for other projects approved by the provincial people's Government. In accordance with the items listed in the preceding paragraph, impose a price regulation Fund, by provincial authorities to determine the specific obligations for the payment of the price, and announced to the public.

    Two more wholesale links of the same commodity price adjustment fund, shall not be levied. Nineth of municipal and County call for price adjustment fund projects and standards prescribed by the prefecture-level city people's Government and to the public.

    Prefecture-level city people's Governments shall, within 10 working days from the date on which the decision is submitted to the provincial people's Government price and financial departments.

    Article tenth scale should call for price adjustment fund and the local economy, social development and the market control prices need to adapt, not adapted to the collection of projects and criteria should be adjusted in a timely manner, and to the public.

    11th according to the provisions of article imposed a price regulation Fund to the community, by the people's Government at the local tax department collected.

    12th price adjustment payment obligations shall be strictly in accordance with the provisions of the Fund paid a price regulation Fund.

    13th a price regulation Fund to pay obligations shall within the time stated in the Government Department in charge of price reporting should be paid, and to submit a price regulation Fund levy returns, sales (business) schedule as well as other related government price departments required to submit materials.

    14th price Department of the people's Governments above the county level price adjustment fund pay a duty of notification materials for approval, it shall compile, prepare a price regulation Fund statement of amounts payable to the people's Government at the local tax department; the local taxation departments shall, in accordance with the requirements of the introduction of a price adjustment fund and handed over in full to the specified price within a specified time adjustment fund account.

    A price regulation Fund to pay the obligation fails to declare or do not submit application materials according to the requirements, the Government Department in charge of price based on relevant financial accounts payable amounts.

    15th a price regulation Fund to pay duty under any of the following circumstances may apply for reduction, exemption from or postponement of the payment price adjustment fund:

    (A) as a result of a major outbreak, major natural disasters, major public emergencies resulting in major economic loss;

    (B) force majeure factors result in major economic loss;

    (C) the provincial, prefecture-level municipality under other circumstances.

    Section 16th for pay reduction, exemption or suspension of the price adjustment fund, a price regulation Fund to pay duty shall submit the following materials:

    (A) the price adjustment fund reduction, exemption from or postponement of the payment of application, mainly includes the applicant's name, reason, related financial statements and apply for the reduction, exemption or suspension of the amount and duration;

    (B) copy of certificate of registration of the applicant's legal or business license;

    (C) the views of the applicant's administrative departments.

    Section 17th for pay reduction, exemption or suspension of the price adjustment fund, a price regulation Fund to pay obligations shall be submitted to the people's Government at the Department in charge of price, Government pricing departments at the county level shall, within 3 working days after receipt of application materials reported to the Government Department in charge of price at a higher level.

    18th article province, and to level above city government price competent sector should in received reduction paid, and from paid or sustained paid price regulation Fund of application of day up 5 a days within made whether accepted of decided, and written told applicants, not accepted of should description reason; need correction application material of, should one-time told and deadline correction, late still not correction of, can not accepted. Accepting applications, Government price departments shall, in conjunction with finance and other relevant departments within 20 working days from the date of acceptance of audit observations made, and reported to the people's Government at the same level.

    Without approval, no reduction, exemption from or postponement of the payment price adjustment fund.

    19th Government price departments above the county level should be periodic verification of the paid amounts to the price adjustment fund, to be completed before the end of May the following year price adjustment fund for the year amounts actually paid to the previous year's verification, tax, fill less back.

    Chapter III use

    20th the price adjustment fund applies to the following scenarios:

    (A) the result of carrying out Government price intervention measures, emergency measures economic losses to the producers, given due compensation operator;

    (B) to stabilize abnormal fluctuation of prices of basic necessities and give producers, operators of appropriate price subsidies, subsidized loans and so on;

    (C) basic necessities due to price rise effects raise prices or Government temporary price subsidies for basic living of low-income groups;

    (D) as a result of force majeure such as natural disasters seriously affected basic necessities producers, operators, granted temporary subsidies;

    (E) to control prices and stabilize the market, the basic necessities of life such as essential commodities reserves and production base construction, subsidies, grants or subsidized loans;

    (F) the provincial, prefecture-level municipality to control prices and stabilize the market approved apply in other circumstances.

    Article 21st price adjustment fund, should be submitted by Government price departments, in conjunction with the financial and other relevant departments, units or require the use of a price regulation Fund to location or apply Government price departments above the county level, and approved by the people's Governments above the county level.

    Approved the use of a price regulation Fund, should be clear and specific, using approaches such as using objects.

    22nd use price adjustment fund, shall submit the following materials:

    (A) the price adjustment fund application, include the name of the applicant, the project, the use of reason, amount, allocation and so on;

    (B) the registration certificate or a photocopy of the applicant;

    (C) the programme of action;

    (D) the applicant the competent administrative departments. 23rd Government price departments above the county level shall, within 5 working days from the date of receipt of the application for use within the admissibility decision and inform the applicant in writing.

    Applicant needs to supplement the application materials should be informed at once and time correction, rectification period were not included in the accepted within the time limit provided for in article the applicant exceeds the specified period is still not corrected, may be inadmissible.

    Accepting applications, Government price departments shall, together with the financial and other relevant departments in dealing within 30 working days from the date of the audit opinion, reported to the people's Government at the same level. 24th Government price departments shall, in the people's Governments at above county level shall approve the use of price regulation Fund according to prescribed procedures within 3 working days from the date of requested funds to the financial sector.

    Financial departments should be disbursed in a timely manner; require disbursement of instalments, by staging of time allocated.

    25th use the unit should be used strictly in accordance with the approved purposes a price regulation Fund and timely manner to the people's Government at the price, financial authorities report the performance.

    Article 26th provincial price adjustment fund is mainly used for the province's market price regulation and regional balance, transfers, by the provincial Department in charge of price transfer programme in conjunction with the financial and other relevant departments, provincial people's Government for approval.

    Prefecture-level city and county governments need to use provincial price adjustment fund regulation of market prices of this area, you can step by step report to the provincial people's Government for approval.
Fourth chapter of supervision and management

    27th financial Department of the people's Governments above the county level shall, in conjunction with the competent departments set up in State-owned commercial bank "price regulation Fund account", the "two lines of income and expenditure" management, account stores, independent accounting, earmarks, principal and interest rolling closing.

    Price adjustment fund managing bank accounts each month to people's Governments at the price, financial authorities submit a price regulation Fund income and expenditure statistics.

    People's Governments above the county level shall not be a price regulation Fund to balance the financial budgets.

    28th imposing price regulation Fund, you should use the unified tax ticket, in the form of notes marked as a price regulation Fund. 29th the people's Governments above the county level shall expenditures from this price adjustment fund collection costs a certain amount, to make up for tax and administered price adjustment fund necessary expenses.

    Collection costs allocated specific amounts and manner determined by the people's Governments above the county level. 30th people's Governments above the county level shall strengthen price regulation Fund supervision and management.

    Audit, inspection door to price regulation Fund collection, remit the audit, entrance, allocated, use once a year, the audit results to the public in a timely manner.

    Government price departments shall, together with the price adjustment fund of financial and other relevant departments to collect, use, and management of the annual assessment, and assessment results reported to people's Governments at the same level, and to the public.

    31st a price regulation Fund to pay duty, using units shall provide relevant information and materials, and may not refuse to provide, or making false claim and skimming. 32nd Government price departments above the county level should be announced to the public on a regular basis the price adjustment fund usage.

    Any unit or individual, the right to report or charged a price regulation Fund collection, use, management violations; think a price regulation Fund collection, use, management of specific administrative behaviors in violation of their legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit.

    People's Governments above the county level pricing, financing, monitoring, audit, tax departments should publicize the reporting and complaint schemes, telephone and mailing address.

    The fifth chapter legal liability

    33rd price adjustment fund liability for breach of the provisions of article 12th, paid by the local tax authorities ordered the people's Governments above the county level; still fails to pay the overdue, from the date of default shall pay the amount of 0.05% at the daily late fee, late fee into the price adjustment fund, and law enforcement.

    34th article price regulation Fund paid obligations people to cheat, not due means allowed reduction paid, and from paid or sustained paid price regulation Fund of, approved organ should revoked reduction paid, and from paid or sustained paid decided, and by County above government price competent sector with sibling financial sector ordered deadline fill paid, can give 30,000 yuan following fine; plot serious constitute crime of, law held criminal.

    35th a price regulation Fund to use unit by deceit or other improper means is allowed to use a price regulation Fund, by the price administrative departments of the people's Governments above the county level financial, supervision and auditing departments to terminate grants recovery funds that have been allocated, and cancel within three years its eligibility to apply for the use of price regulation Fund; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    Article 36th price adjustment fund use in violation of this regulation article 25th, not according to the approved use of price regulation Fund, by the price administrative departments of the people's Governments above the county level financial, supervision and auditing departments a rectification to terminate funding and recover funds that have been allocated; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    37th a price regulation Fund to pay duty, and use in violation of these provisions, such as article 31st, by Government price departments above the county level rectification; late is still not correct, informed criticism; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    Article 38th of the people's Governments at all levels and the departments concerned in any of the following circumstances, the higher administrative authority shall order correction within, directly responsible to the charge and other direct liable persons shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) beyond the permissions allowed to establish a price regulation fund impose or change the scope of the project;

    (B) ultra vires or violated established procedures without assessment and adjustment of standard price adjustment fund;

    (C) ultra vires or violated established procedures without levying, reduction, exemption or enlistment price adjustment fund;

    (D) violation of a change of price regulation fund use or other acts of illegal use of a price regulation Fund;

    (E) violation of "two lines of income and expenditure" management regulations;

    (F) the interception, misappropriation, misappropriation of a price regulation Fund.

    39th staff in violation of the provisions of the relevant departments of the people's Governments at various levels, negligence, malpractice or abuse, it shall be prosecuted administratively; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    40th the price adjustment fund collection, use, management of specific implementation rules formulated by the provincial Department in charge of price finance and local tax departments. 41st these provisions come into force on January 1, 2010.

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