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Right To Use Water Resources In Guizhou Province Paid Transfer Approach

Original Language Title: 贵州省水能资源使用权有偿出让办法

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(Adopted by the 49th Standing Committee of the People's Government of Honour, 27 February 2007, No. 100 of the People's Government Order No. 100 of 28 February 2007 published from 15 April 2007)

In order to strengthen water resources management, the development, use and protection of water resources is reasonable, and in accordance with the Water Law of the People's Republic of China, the approach of the Honour Province to implement the Water Law of the People's Republic of China and the relevant laws, regulations and regulations, this approach is being developed in conjunction with the practice of the province.
Article 2
The approach refers to water resources that are used for hydropower.
Article 3. The right to use water resources is reimbursable, guided by the principles of openness, equity and justice, and solicitation, auction, wallcharts, etc.
Article IV Water resources are owned by the State. The development of units or individuals, the use of water resources, shall be made in accordance with the law, with the right to use water resources and the payment of water resources.
To encourage units, individuals to develop resources for water resources in accordance with the law and their legitimate rights and interests are protected by law.
Article 5
Article 6
Article 7.
(i) Urgang, Triang, Six Rivers, Clinic, Surface, Kampang, Mini River, Minang River, (notes: the left side is BBC, the right-to-going rivers and the jewell River basin, the North, (notes: the left-beek, the right-to-monitoring), the Rivers, the rivers, the rivers, the rivers, and the authorities of the province;
(ii) Cross-administrative regional rivers, which are jointly owned by the Government's water administration authorities;
(iii) Other rivers are held by the territorial Government's water administration authorities.
The State provides for the management of the watershed management body, from its provisions.
Article 8
Implementation programmes include the following:
(i) Project name;
(ii) The size of the work, the initial location and the modalities for development;
(iii) The basic economic technical conditions of the project;
(iv) Use of time limits;
(v) The use of the right to compensation;
(vi) The conditions to which tenderers, competing buyers (hereinafter referred to as competitors);
(vii) Safeguards;
(viii) Other planning, construction conditions.
Article 9 The floor and its preparation process must be strictly confidential.
(i) Inadequate investment in the amount of US$ 1/000 kW project, the floor price may not be less than 5 per cent of total project investments;
(ii) The unit-electable investments in projects that are more than 1,000 kW hours, less than $11.5/000wa hours, leaving the floor not less than 3 per cent of total project investments;
(iii) The unit-investment in projects that are more than US$ 1.5/000, with less than $200/000wa hours, cannot be lower than 2 per cent of total project investments;
(iv) The unit-electable investments in projects that are more than 2 kW hours, with no less than 1 per cent of total project investments.
Corporate power investment refers to the ratio of total investment in the project to the project's average annual electricity generation.
Article 10
The announcement includes the following:
(i) Profile of the project;
(ii) Modalities;
(iii) The conditions for competing negotiators;
(iv) The time, location and manner for which documents are requested;
(v) The auction of the auction, the location, tenders and competitive tenders;
(vi) Identify criteria and methods for the successful bidder and the buyer;
(vii) tenders, competition guarantees;
(viii) Other matters requiring a notice.
Article 11 Competent holder shall register within the time specified in the public notice to the Government's water administration authorities of more than the controlled district.
More than three competing negotiators are registered and open tenders or auctions are made available; less than three are allowed by walls.
Article 12 uses the right to use water resources by means of tendering, in accordance with the procedure set out in the solicitation tender law.
The right to use water resources was taken in the form of auctions and was carried out in accordance with the procedures set out in the auction law.
The right to use water resources was taken in the form of a wall and was carried out in accordance with the provisions of the provincial Government's water administration authorities.
Article 13, subparagraphs or auctions, walls and buyers, shall enter into contracts with the territorial Government's water resource use authorities for the payment of water resources by paying credits for the use of water resources, within 30 days of the date on which the results are determined, and the authorities of the people at the district level shall have the right to access water resources from within 20 days from the date of receipt of the right to use the water resources.
In the relevant sectors of the Government of the above-mentioned population, water resources development and access to the relevant procedures should be carried out in accordance with the law.
The right to water resources is limited to 50 years and is calculated from the date of the acquisition of the water resource use certificate.
The water resource use certificate was compiled by the Provincial Government's Water Administration.
Article 14. The water administration authorities of the people at the district level shall, within 15 days of the end of the invitation to tenders, auctions or walls to use water resources, submit written reports to the Government of the same people and the Government's water administration authorities at the highest level on tendering, auctions or walls.
Article 15
(i) The Ministry's Government's water administration is charged with the proportion of 40 per cent, 30% (at the state, place) and 30% in the district (market, area);
(ii) The Government of the People's Republic (at the state, land) is charged by the water administration authorities, which are paid in proportion to 30 per cent in the province, 40 per cent in the city (at the state, place) and 30 per cent in the district (market, area);
(iii) The Government of the People's Water Administration (communes, districts) collects 40 per cent of the proportion of the province's 30 per cent, city (at the state, place) and district (market, district).
Cross-administrative regional rivers are paid by their common top-level government water administrations in accordance with paragraph (i) and (ii) above.
Article 16 gives the right to use water resources as a dedicated fund for water conservation, primarily for water resource savings, protection management and water-friendly infrastructure construction, or for the sound development of water resources, without diversion and inspection in the financial, auditing and other sectors.
Article 17
The text of the contract shall include the following:
(i) The time limit for the use of water resources;
(ii) The amount and the manner in which the right to be paid;
(iii) Develop, use conditions and obligations of both parties;
(iv) The start-up and the start of the production period;
(v) Transfer and termination of the right to use;
(vi) Dispute resolution;
(vii) Liability for default;
(viii) Other matters agreed by the parties.
Article 18
Article 19 The water resource use authority has started to build and invest more than 25 per cent of total investment, requiring the transfer of the right to use water resources, and shall apply to the territorial Government's water administration authorities for the reasons and the conditions that have been implemented, and the transfer procedures may be processed by the approved parties.
When water resources are transferred, the rights and obligations set forth in the contract were subsequently transferred and the transfer period was limited to the remaining years after the date of use of the original user.
Article 20 The right to use water resources requires the continuation of the period of effectiveness of the right to use water resources obtained under the law and shall apply to the water administration competent to enter into a contract with the Water Resources Management Authority prior to the effective expiry of three months.
The relevant water administration authorities should review, within 20 days of the date of receipt of the request, the requirements for planning such as water resource planning, long-term planning for water management and overall land use planning. A written decision to grant the continuation of the use is in accordance with conditions; a written decision that does not allow for the continuation of the use is justified.
The right to continue the use of water resources should be re-established by the Government's water administration authorities at more than 30 days from the date of the approval of the decision to pay for the use of water resources. The relevant water administration authorities shall issue a certificate of use of water resources within 20 days of the receipt of the right to water resources.
Article 21, three months before the expiration of the right to water resources, the right to use water resources is not applied for renewal or for the continuation of the non-recognition, and the relevant water administration authorities shall be free of charge after the expiry of the period, and in accordance with the provisions of this approach.
The right to use water resources is to be recovered in advance due to the need for public interest, which should be compensated by law.
Article 2
Article 23 does not have access to water resources for the development, use of water resources or violates the provisions of this approach, and is subject to administrative sanctions by the territorial authorities of the Government of the People's Government for Water Resources in accordance with article 33 of the Water Law of the People's Republic of China.
Article 24
(i) No decision on the right to use water resources in accordance with the required solicitation, auction, wallcharts;
(ii) No payment, surrender, use of water resources to make payments in accordance with the provisions;
(iii) The issuance of a right to use water resources within the prescribed period;
(iv) The development and use of the relevant procedures in accordance with the law;
(v) Non-compliance with the oversight responsibilities under the law, resulting in serious consequences;
(vi) To request and receive property from other persons;
(vii) Other abuses of authority, omissions, provocative fraud.
Article 25 No payments were made in accordance with article 33 of the Means of Implementation of the Water Law of the People's Republic of China.
Article 26