Key Benefits:
(Adopted at the 65th ordinary meeting of the Government of the fertilities, held on 24 February 2006, No. 122 of the Order of the People's Government of Pornography, dated 29 April 2006 and published as of 1 June 2006) Article 1 establishes this approach in accordance with the relevant national laws, regulations and regulations, in order to regulate the operation of municipal utilities, accelerate the development of public utilities and guarantee the legitimate rights and interests of the public and the concessionaire. Article 2 governs the operation and management of municipal utilities such as urban water supply, heating, bus passenger transport, sewage treatment, garbage handling and garbage. The above-mentioned municipal utilities licence operation refers to the determination of eligible investors or operators, in accordance with the statutory procedures and modalities, to operate or service a certain period of time and scope. Article 3. The Government of the city authorizes the establishment of administrative authorities in the city, the municipal authorities responsible for the implementation and supervision of the municipal utilities licence project, etc. (hereinafter referred to as the authorities). Relevant sectors such as development plans, finance, audit, prices, State asset management, planning, business, tax, land resources, and environmental conservation are governed by their respective responsibilities. Article IV implements the granting of municipal utilities and follows the principles of public, fair, fair and public interest. Social funds, foreign capitals are encouraged to build public utilities in the form of sole-source, joint ventures and cooperation, and to engage in municipal utilities concessions. Article 5 licensors should ensure the provision of sustained, safe, quality, efficient, fair and affordable universal services. The licensor shall not use the advantage of the licence operation, impose, limit, prevent the user from buying a product or accepting a particular service, or otherwise violate the legitimate rights and interests of consumers. The licensor obtained a reasonable return through lawful business and assumed the corresponding operational risk. Article 6 provides for the establishment of municipal utilities projects operating under the planning of urban development needs and urban utilities. Specific projects are submitted by the authorities in conjunction with the relevant sectors and have been developed with the results of specific implementation programmes, with the approval of the Government of the city. Implementation programmes should include the following: (i) Project name; (ii) Project basic economic technical indicators; (iii) Selection sites and other planning conditions; (iv) Period of royalties; (v) Investment returns, price measurements; (vi) The conditions and options that the concessionaire should have; (vii) Scope of government commitments; (viii) Concessional royalties; (ix) Safeguards. The scope of the Government's commitment under paragraph (vii) may involve land use, provision of relevant infrastructure, provision of the necessary subsidies, prevention of unnecessary duplication of competition project construction, but no commercial risk sharing, fixed investment returns and matters prohibited by law, regulations, regulations and regulations. Article 7. Concessions of municipal utilities may take the following: (i) In a period of time, the right to investment, the right to construction, the right to operate would be granted to the concessionaire; (ii) Authorize the operation of municipal utilities facilities within a certain period of time; (iii) Authorized operators to provide public services within a certain period of time; (iv) Other modalities agreed by the Government of the city. The duration of the licence operation should be determined in accordance with industry characteristics, scales, modes of operation and to meet the need for recovery. In the first paragraph (i), (ii), the maximum duration of the licence operation shall not exceed 30 years; the duration of the licence operation shall not exceed eight years for the maximum period of time, using the former paragraph (iii). Article 8. The competent authority shall determine the concessionaire by means of solicitation. In accordance with the statutory procedures for tendering, the competent authorities shall publish the terms of tendering, open acceptance of the request and organize expert reviews and reviews of the awardees' qualifications and the licence operation programme; the findings of the mark and the licence programme shall be displayed in the press, receive social oversight and not less than 20 days; and the absence of an objection to the expiry of the period, the competent authorities shall enter into a licence agreement with the Government. In accordance with the law, the projects of the concessionaire cannot be determined by tendering, and with the approval of the Government of the city, the competent authorities may determine the concessionaire in an open acceptance of the application and consultation. Article 9. The licensor shall have the following conditions: (i) The corporate or other economic organizations registered under the law; (ii) A corresponding registration of capital funds and facilities, equipment; (iii) A good bank trust, financial situation and corresponding debt-servicing capacity; (iv) Technical, operational heads have corresponding experience and good performance, and other key job personnel have the corresponding business capacity; (v) There are practical operational programmes and emergency preparedness cases for sudden public events, major security incidents; (vi) Other conditions set forth in laws, regulations and regulations. Article 10 shall include the following: (i) Authorizes the subject, the concessionaire; (ii) Concessions, regional, scope and duration of operation; (iii) Quality standards for products and services; (iv) Determination methods, standards and procedures for price and fees; (v) Facilities, equipment rights, disposal, transfer, conservation, maintenance and updating; (vi) Security management responsibility; (vii) Concessional royalties; (viii) A performance guarantee; (ix) Changes in the right to operate and termination; (x) Risk sharing within the period of the licence operation; (xi) Modalities, procedures and procedures for the transfer of funds for the duration of the operation; (xii) Liability for default; (xiii) Dispute settlement; (xiv) Other matters agreed by the parties. Article 11. Concession operators shall engage in concessional operations within the framework specified in the licence agreement and provide municipal utilities or services in accordance with the agreement of the licence operating agreement. No concessions for the operation of municipal utilities are granted. Article 12 Operators who have granted the right to operate shall pay royalties in accordance with the licence agreement. As agreed by the Government of the communes, concessional projects that are micro- or public interest may be exempted from royalties. Concessional royalties are included in the harmonization of financial funds for the purpose of building public utilities. In relation to the use or disposal of State assets, it is governed by the relevant provisions of State asset management. Article 13 shall perform the following duties: (i) Development of municipal utilities development planning; (ii) Develop specific implementation programmes for the licence operation and are responsible for the identification of specific organizational work of the municipal utilities concessionaire; (iii) Develop product, service quality standards; (iv) To monitor the implementation of statutory obligations by the concessionaire and the granting of a licence agreement; (v) To receive complaints from the public about the concessionaire; (vi) Character offences; (vii) Oversight of the inspection of the performance of products, services quality and safe production provided by the licensee; (viii) To assist the price administration to account for and monitor the costs of royalties and to make price adjustments; (ix) To submit annual monitoring reports to the Government of the city for the concessionaire; (x) Develop measures for the temporary takeover of the management of the concessionaire in emergencies; (xi) Other responsibilities under laws, regulations and regulations. Article 14. The concessionaire shall perform the following obligations: (i) Compliance with relevant laws, regulations, regulations; (ii) To implement a licence operating agreement to provide social-compliant urban utility products or services; (iii) A supervisory inspection of the quality of products and services by the authorities; (iv) Provide accurate and timely information on the operation, financial reporting and implementation of agreements to the competent authorities; (v) Organizing safe production in accordance with national security laws and regulations governing industrial safety production standards and receiving oversight inspections in the relevant sectors; (vi) Maintain and update production facilities, equipment and equipment in a timely manner to ensure that it is good; (vii) To guarantee that enterprises meet the qualifications of the corresponding business and have the corresponding qualifications; (viii) The price of municipal utilities products and services determined by the executive authorities of the price; (ix) Other responsibilities agreed upon in the agreement. Article 15. The licensee shall not dispose of the right to operate in accordance with the transfer, rental, quality, etc. and shall not be disposed of, mortgaged operating facilities, equipment. Article 16 states that the concessionaire is required to change the name, address, the legal representative and should report to the authorities before the change. Article 17 defines and adapts to the products, service prices, in accordance with the Principles of Corporate Costs+ reasonable profits, and fully consider the principle of social resilience and implements in accordance with price law. In order to meet the needs of the public interest, the price of the royalty operator is lower than the cost of the goods and services or assumes the Government's directives for the fulfilment of the Government's public goods and services. Article 18, in order to ensure relative stability in the prices of municipal utilities, the Government of the city may establish a price regulation fund for the regulation of public utility prices and profits, with a specific approach being developed. Article 19, the authorities or the concessionaires believe that the facilities, equipment and equipment needed to be upgraded, should be entrusted with testing, identification and development of an updated rehabilitation plan and programmes with the corresponding qualifications. It should be agreed by the authorities. Article 20 licensors should collect, classify, collate and archive information, and maintain relevant information, improve the information management system for municipal utilities facilities, as required, and communicate with the Government. Article 21 licensors should allow other operators to connect their municipal utilities in accordance with planning requirements, and to implement the relevant provisions. Article 2 shall enter into supplementary agreements on the basis of consultation if the content of the agreement is to be changed within the time period in force. During the period of the licence operation, the licensor has one of the following conditions, and the authorities, with the consent of the communes, may terminate the licence operation agreement in advance, reclaim the right to operate and carry out temporary takeovers: (i) To dispose of concessions, such as transfers, rentals, quality of detention, or to go beyond the area determined by the licence to operate; (ii) Resolves, mortgages and equipment; (iii) The transfer of enterprise unit rights does not meet the authorized qualifications; (iv) The absence of a licence operation in accordance with the laws, regulations and related standards, norms and licence agreements, the non-performance of universal service obligations or the non-performance of conservation, maintenance and updating obligations, endangering public interest, public safety; (v) Including a major safety liability accident due to the management of business; (vi) The severe deterioration of the financial situation due to the management of business and endangers the operation of municipal utilities; (vii) Inadequate investment in the construction of municipal public-use facilities, which are being corrected by the authorities' time limit; (viii) Resistance of the industry and the industry; (ix) Violations of commitments made; (x) Other acts prohibited by law, regulations and regulations. The decision to reclaim the right to operate is communicated by the competent authorities in writing to the concessionaire. The licensor may make written pleas or requests for hearing within 30 working days after the written notice has been received. The licensor requested a hearing and the authorities should organize hearings. The decision of the licensor to reclaim the right to do so may be applied by law for administrative review or administrative proceedings. Article 25, in addition to the circumstances under article 23 of this scheme, shall not be subject to the prior recovery of the right to operate in the municipality without the application of a licence facility; however, in the case of public interest, the Government of the city shall grant the corresponding compensation. Article 26 During the period of the licence operation, the licensor may propose to the competent authorities an application for the termination of the licence agreement in advance, with the approval of the granting of the licence agreement. Article 27 terminates the licence agreement and the parties to the agreement shall carry out the liquidation of assets in accordance with the law of the licence agreement and process the relevant procedures. After the reclaim or termination of the licence, the former licensor shall, within the time specified by the competent authorities, maintain the assets and archives necessary for the proper functioning of the licence operation and transfer the designated units in the normal operation. Prior to the completion of the transfer of the designated units, the licensor shall maintain the normal operation as required. In the event of a change in the right to operate or termination, the authorities should take effective measures to guarantee the continuity and stability of the supply and services of public-use products. In the course of the operation of the project, the competent authorities should organize expert mid-term assessments of the operation of the licensee. The assessment cycle is generally not less than two years, and an annual assessment can be carried out in exceptional circumstances. The licensor shall receive the audit of the audit body in accordance with the law within the time of the licence operation. The licence agreement terminates and the authorities shall organize financial audits of the concessionaire before the termination of the agreement and undertake an asset assessment of the royalties, equipment, etc. Article 3 expires on the expiry of the term of the licence operation (usually one year, with a shortest not less than six months), the authorities should establish a new round of the concessionaires for the licence operation in accordance with article 8 of this approach. Under the same conditions, the former licensor has given priority to the right to operate. Article XIII establishes the Commission for the Management of Restrictive Industrial Facilities, which conducts monitoring and advice on the public's activities for the granting of public utilities, and its office is located in the authorities. Members of the Central African Government and public representatives are not less than 2/3, and the Commission has the right to comment on major decisions that may affect the interests of the public in the licence operation, which should be fully heard and should be justified and recorded in the case. Article 34, in violation of the agreement by the competent authority or the licensee, shall be responsible for default and shall be compensated for the loss incurred by the author. Article 33 fifiers who have granted concessions by deceasing, bribeing, etc. should be removed by the competent authorities and report to the top-level administrative authorities to make public disclosure to society through the media. The operators who have cancelled the right to operate shall not participate in tenders for the operation of municipal utilities within three years. Article XVI does not obtain a licence to engage in a licence operation, which is ordered by the competent authority to stop the offence and imposes a fine of up to 3,000 dollars, as provided by law, legislation and regulations. Article 37 licensors violate article 20, article 21, article 28 and article 28 of the scheme by the competent authority to change the period of time and impose a fine of up to 1 million dollars. Article 338 licensors violate the provisions of article 14, subparagraph (vi), of this scheme and are punishable by law by the price administration authorities. The authorities and their staff have one of the following cases, which are being redirected by the Municipal People's Government or the supervisory authority, and administratively disposed of the principal responsible and other persons directly responsible for responsibility, in accordance with the law, which constitutes an offence, and are criminally criminalized by law: (i) The failure to perform oversight duties or oversight under the law and the grave consequences; (ii) The granting of the right to operate to tenders that are not in accordance with statutory conditions; (iii) Abuse of mandates, provocative fraud, malfunctioning and bribeing. Article 40 may be implemented in the light of this approach by fertiles, fertilities, and by Fond 3 districts. Article 40 |
