Right To Use Outdoor Advertising Facilities In Guiyang Bid Auction Tentative Provisions

Original Language Title: 贵阳市户外广告设施设置位使用权招标拍卖出让暂行规定

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(July 5, 2004 Executive meeting of the Guiyang municipal people's Government on July 23, 2004, Guiyang municipal people's Government, the 135th promulgated as of September 1, 2004) first to strengthen the management of outdoor advertising facilities, effective allocation of public resources, in accordance with the People's Republic of China administrative licensing law and the relevant provisions of the Guiyang municipal facilities management approach, combined with the city's actual, these provisions are formulated.
    Article within the administrative area of the city requires the use of the financial investment and construction of urban roads, bridges and culverts, lighting facilities and ancillary facilities, such as municipal infrastructure units and installation of outdoor advertising facilities shall comply with these provisions.
    Issued public welfare advertising and use of non-financial investment and construction of urban roads, bridges and culverts, lighting and ancillary facilities such as outdoor advertising facilities, these provisions do not apply, but in accordance with the law on licensing procedures. Install outdoor advertising facilities shall be in conformity with article III of outdoor advertising facilities planning.
    Use of outdoor advertising facilities shall take the tender and auction sale.
    Fourth municipal administrative departments of the city administration is responsible for implementation of this provision, specific organizations Yunyan district, the nanming district, Xiaohe, Wudang district ducks town outdoor advertising facilities within the scope of assignment work; other district or County (City) competent administrative Department of the city administration is responsible for the Organization of outdoor advertising facilities within the jurisdiction transfer work.
    Planning, construction, finance, price and other administrative departments for industry and commerce shall be in accordance with their respective responsibilities, in collaboration with outdoor advertising facilities for assigning the right to work.
    Fifth set of outdoor advertising facilities for assigning the right, according to their region, road, take a slice, segment.
    Article sixth transferring right to use outdoor advertising facilities, administrative departments of the city administration should be according to install outdoor advertising facilities planning, develop plans and specific programmes, implementation reported to people's Governments at the same level for approval.
    Seventh article outdoor advertising facilities set bit right tender transfer, according to following program for: (a) tender people law composition tender, and assessment standard group, is responsible for review bid people qualification and bid, and opening, and inspection standard, and assessment standard, and summary standard work; (ii) tender people through newspaper, and information network, media released tender announcement or to specific bid people issued tender invited book; (three) bid people registration and obtained about tender file information and the tenders text; (four) bid people submitted tenders, and make paid tender announcement provides of performance margin;
    (Five) according to announcement of bid conditions and the program determine bid people; (six) tender people Yu summary standard of day up 7th within to bid people issued bid notice, will bid results notification not bid of bid people, and will not bid who pay of performance margin be returned; (seven) bid people according to bid notice provides term and tender people signed outdoor advertising facilities set bit right transfer contract, bid people pay of performance margin arrived for set bit paid using fee.
    Eighth public biding in accordance with one of the following conditions determine the winning bidder: (a) to meet the evaluation criteria set out in the tender documents, (ii) meets the substantive requirements of the tender documents, tender to the highest bidder.
    Nineth article has following case one of of, should in opening Qian terminated tender, has tender of, its tender results invalid: (a) dark standard bid leaked of; (ii) tender people collusion damage national interests, and social interests or others lawful rights and interests of of; (three) bid people less than three people of; (four) organization staff or assessment standard personnel privately contact bid people, received bribery, effect tender just of.
    Termination of tender or the tender results void, shall publish or notify bidders and to tender according to law. Tenth Article outdoor advertising facilities set bit right auction transfer, according to following program for: (a) through newspaper, and information network, media released auction announcement; (ii) bid people registration participate in bid and obtained about file information; (three) by review qualified of bid people received bid card and should price brand, and pay announcement provides amounts of performance margin; (four) in announcement provides of time, and locations by following program public auction; 1, and announced auction rules or bid notes; 2, and introduced outdoor advertising facilities set bit location, and Status, and range, and using years, and planning requirements and the other about matters; 3, and announced auction up called price; 4, and bid people by provides of way competing called price; 5, and bid people of highest should price by auction host continuous three times quotes and no other bid people should price (increases), auction host fell hammer Hou, auction sold; 6, and buy by people and auction people immediately signed outdoor advertising facilities set bit right auction sold confirmed book, and and client signed outdoor advertising facilities set bit right transfer contract,
    Buyers pay a performance bond arrive for setting user fees paid, other bidders pay a performance bond to be refunded within 5th after the end of auction.
    Bidders offer the highest bid is below the reserve price auction, auction facilitator should stop the film (above) auction of outdoor advertising facilities activities.
    11th provided to bidders or bidders should include the following documents: (a) the notice to tender or bid, (ii) set point range of outdoor advertising facilities, map, and description, (iii) approved to install outdoor advertising facilities plan; (d) set the contract of assignment of the right style of outdoor advertising facilities.
    12th a bidder or bidding to sell after acquiring the right to use outdoor advertising facilities shall, in accordance with the provisions set up approval of outdoor advertising facilities in Guiyang Guiyang and the requirement of outdoor advertisement management approach to planning, administration for industry and Commerce go through relevant procedures.
    13th install outdoor advertising facilities during the period of use of the right transfer, alteration, use rights shall transfer to the original examination and approval organ, change procedures. Article 14th outdoor advertising facilities using the term in the bidding, auction documents and install outdoor advertising facilities set out in the contract of assignment of the right, no more than five years.
    Install outdoor advertising facilities expire, should be re-tendering and auction. 15th has been made in accordance with the provisions of article install outdoor advertising facilities right in the approval period by urban development, public safety and other reasons need to recover, the holder should be subject to.
    However, it should be by the competent administrative Department of the city administration the right to appropriate compensation.
    16th the city administration Administrative Department, outdoor advertising facilities the right to tender auction agencies and their staff, no bidder or bidders participated in the Organization of outdoor advertisements right to tender, transfer the activities and shall not delegate others to bid or bid.
    Article 17th of outdoor advertising facilities managed by the property owner is responsible for maintaining.
    Use of financial investment and construction of urban roads, bridges and culverts, lighting and ancillary facilities, such as municipal facilities for installation of outdoor advertising facilities right to use of outdoor advertising facilities bidding and auction proceeds, hand over all financial, for use in management of municipal public services and outdoor advertising.
    Article 18th deception, collusion, bribery and other illegal means to install outdoor advertising facilities right to bid or auction results null and void, shall be investigated for legal liability of those responsible.
    Article 19th of outdoor advertising facilities transfer implementation departments and staff abuse, deception or any of the following acts, by their work units or the competent authority administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) identified within the bidding and auction of outdoor advertising facilities, unauthorized examination or use, (ii) has been successful tender or auction, prevented the winning bidder and a buyer uses; (c) the unauthorized charge other fees.
    Article 20th unit and individual using all of its housing, facilities for installation of outdoor advertising facilities shall be in conformity with the Guiyang City outdoor advertising facilities approval of relevant provisions of the regulations; installation of outdoor illuminated advertising facilities shall conform to the relevant provisions in Guiyang urban outdoor lighting regulations.
                                    21st article of the regulations come into force on September 1, 2004.