Social Funds To Construct A New Water Projects In Shanxi Province Approaches

Original Language Title: 山西省社会资金建设新水源工程办法

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(March 21, 2007 98th meeting consideration of Shanxi province on April 21, 2007, Shanxi province people's Government promulgated as of May 10, 2007, No. 204) article to broaden the financing channels for water conservancy construction, encourage and attract social funds to construct a new water projects, in accordance with the People's Republic of China water law, decisions of the State Council on the reform of investment system, combined with the facts of the province, these measures are formulated.
    Second social fund mentioned in these measures refers to the non-government investment funds, including enterprises, social organizations and individuals to raise funds.
    New water projects in these measures refers to the districts of this province in the planning of new urban water supply, industrial supply and agriculture water supply projects.
    Third people's Governments above the county level shall incorporate social funds to construct a new water projects included in the master plan of socio-economic development of the region. Water Administrative Department of the people's Governments above the county level are responsible for Community funds to construct a new project management and oversight.
    Other relevant departments, the people's Government above the county level in accordance with their respective functions and social funds to construct a new water source project related work.
    Fourth social capital to participate in the new water source project construction for uphold "who invests, benefits, who take risks" principle, enjoy the preferential policies of the provincial private economy and private water.
    Article should be subject to the new water source project construction basin and regional water resources planning, flood control planning, water resources development plan, water resources development planning and water function zoning, both upstream and downstream, between the coast and the area around the interests of giving full play to comprehensive benefits of water resources.
    Six new water projects according to their functions and roles are divided into public, quasi-public and business categories.
    To flood control, and drainage, and drought, and city residents life water and emergency water for main function of engineering for public project; both flood control, and drainage, and drought, and city residents life water and emergency water task, and has water, and hydro-electric power, and tourism and farming, business sex function of engineering for associate public project; to industrial water, and services water and hydro-electric power for main function of engineering for business sex project.
    Article seventh public projects with government investment, encourage the participation of social capital investment and construction.
    Combination of public projects with government investment and financing, its flood control, drought relief and other public welfare part mainly by government investment, water supply, hydro-power and other operational parts of social investment funds.
    Business investment in social capital as the main body, to encourage businesses, social organizations and individuals to sole proprietorship, joint venture, cooperation, joint ventures, joint-stock and other forms of development. Article investment allocation percentage for new water storage in proportion to investment and investment in proportion to their respective benefits in two ways.
    Government investment ratio according to the relevant State provisions.
    Reservoir project in flood control and utilizable capacity ratio proportion of capital investment of Government and society; which is mainly for agricultural irrigation water source project, apportioned Government according to the proportion of flood control reservoir capacity investments, can also inject capital, investment subsidies and loan policies to absorb the social investment.
    For water supply, power generation, tourism and culture-oriented business projects and irrigation more efficient public welfare projects, can be proportional to the benefit-sharing investment, public investment can be compensated as part of its public. Article new water resources construction projects planned by the Government to society announcements, investors choose their own project proposals. Public welfare-oriented operating parts should be open to the bidding of the project, identify investors and project legal person.
    Investors on the premise of ensuring project public welfare benefits, and other project-related construction projects in development right.
    Formed after the completion of flood control benefits of flood control, investors can receive compensation from the river engineering and maintenance management fees.
    Urban flood control engineering construction of new land owned by the State, by the people's Governments above the county level for resettlement or other public construction projects.
    Water supply and power generation project construction, water and electricity expected revenue and production capacity as collateral for bank loans and financing. Ten new water source project construction for large and medium projects of land acquisition and resettlement work according to the national regulations. The flood-dominated public projects and agricultural irrigation of quasi-public projects land acquisition and resettlement funds mainly by government investment, included in the project budget.
    Operating water supply and electric power generation projects, as it is formed of flood control and ecological benefit ratio determines the funding ratio.
    11th to new sources of government investment construction projects, competence and procedures for grading and approval in accordance with national requirements. 12th for society funds new water source project construction for the project falls within the list of Government-approved investment projects, the implementation of approval system.
    Project units are required to submit project application report of government investment authorities.
    Applications should include the following: 1. flood safety; 2. safety; 3. water resources development; 4. ecological environmental protection; 5. water distribution, 6. laws and regulations of the other content.
    Flood control, water resources, water distribution of content should be demonstrated by the provincial water conservancy administrative departments and investment capital, technology and management skills to be assessed.
    Provincial project approved by the provincial investment authorities on the river; the city divided into districts and counties manage projects on the River, approved by the city investment departments divided into districts.
    13th by social capital investment and construction, does not fall within the list of Government-approved investment projects within the framework of the new water source project construction for the project, implementation of the file system. Investors not complying with the new water source project construction for the duration of, by the Department of water administration under the people's Governments above the county level shall be ordered to take remedial measures, rectification.
    If still does not meet the requirement, water Administrative Department of the people's Governments above the county level to the original approved by departments and reported to the provincial water conservancy administrative departments, separately identifying investors.
    Article 14th by the social capital investment in construction of flood control, drainage, agricultural irrigation functions of public and quasi public welfare water works projects, can propose to the Government subsidy, onlending, discount applies.
    Article 15th project legal person responsible for the management, operation and maintenance of the project, shall not prejudice the legitimate interests of water users and other consumers.
    New project management should be subject to Department of water administration of flood control scheduling and dispatching of water resources allocation.
    16th water Administrative Department of the people's Governments above the county level in new water supply water supply capacity to meet the benefit requirements of the case, will not be approved other means of license for water. 17th people's Governments above the county level shall on welfare benefits to grant adequate compensation to the new water projects.
    Social construction of reservoir flood control repairs should be funded by the level of government subsidies; the Government dispatch of emergency, drought resistance and ecological water use in agricultural irrigation water price should be determined by the level of Government giving compensation to project managers.
    18th new water supply water supply prices by production costs, cost, profit and tax structure.
    Production costs include the normal supply of water supply in the production process the direct wages, direct material, direct expenditures, as well as other fixed assets depreciation, repairs, water resources, manufacturing costs.
    Water production costs include the Organization and management of production and operation of water supply and reasonable sales costs, administrative expenses and financial expenses.
    Water profits included water supply operators engage in normal production and operation of water supply acquisition, approved by the net profit margin of a fair return.
    Water supply operators by country taxes are tax payable, and taxes that can be included in the price of water.
    19th new water source project of water supplying price in accordance with the compensation costs, reasonable returns, high quality and high prices, the principle of equitable burden and costs, costs of water supply and demand in the market changes to adjust. Social Fund construction of the new water supply price, should the water supply operators within the period of compensation costs, cost and ability to repay loans, bond principal and interest and get a reasonable profit.
    Period of depreciation in accordance with national financial authorities weighted average determined.
    20th new water supply of government guidance prices, supply different prices for different purposes.
    Provincial and municipal water projects across the district's water supply price, by the provincial Department in charge of price financial and water administration departments at the same level for approval.
    City divided into districts and counties (cities, districts), new water sources project water supply price, by the district, the Municipal Department in charge of price financial and water administration departments for approval.
    The County (city, district) is a new project of water supply prices by County (municipal and district) level Department in charge of price financial and water administration departments at the same level for approval.
    Article 21st water supply operators apply for formulation and adjustment of water prices, should be made available to the Department in charge of price and cost of water production and management, and to produce books, documents and other related information. New water resources engineering water supply price system should be implemented.
    Water supply operators are required to strictly implement national water pricing policies shall not alter the price of water.
    22nd shall arrange new water projects in the electricity sector subsidiary's electricity generated by hydropower stations on Internet sales, electricity price approved by the Department in charge of price according to prescribed procedures.
    23rd administrative organs and their staff to perform their duties, abuse their powers, neglect their duties, cause damage to the interests of investors, or an administrative supervisory organs to administrative sanctions by the authorities at constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 24th disobey article 15th, cause harm to legitimate interests of water users and other consumers, by the water conservancy administrative departments at and above the county level shall be ordered to desist from the illegal act according to law; the circumstances are serious, punishable with a penalty of 50,000 yuan.
        25th article this way since May 10, 2007.