Key Benefits:
(The 23th ordinary meeting of the Turkmen Government of 3 August 2004 considered the adoption of the Decree No. 105 of 9 August 2004 on the Government of San Francisco People's Republic of 9 August 2004, which was launched effective 1 October 2004) In order to accelerate the development of city-wide public utilities, the establishment of an open, competitive and orderly municipal utilities market, the improvement of the efficiency and service quality of the operation of municipal utilities, the guarantee of public interest and the legitimate rights of operators, and the development of this approach in accordance with the relevant laws, regulations and regulations. Article 2 refers to the Government's choice of municipal utility investors or operators through market competition mechanisms, in accordance with the relevant laws, regulations and regulations, to the operation of a municipal utility product or the provision of a system of services within a period of time and scope. Article III applies to urban water supply, heating, public transport, sewage treatment, garbage handling, etc. industries within the city's administration, in accordance with the relevant laws, regulations and regulations. Article IV. The Government of the people of the city, the district (including the city of War, the peak mined area) is the subject of the authorization of the municipal utilities to operate. The authorities of municipal utilities authorized by the Government of the city (hereinafter referred to as “the competent authority”) are responsible for the guidance and supervision of the operation of public utility concessions throughout the city and for the implementation of municipal utilities concessions in the main urban areas. The authorities authorized by the Government of the People's Government (including the city of War, the peak mined area) are responsible for the implementation of municipal utilities concessions operating in the current administrative area. Authorized authorities exercise the relevant rights of the author and assume the responsibility of the author. Article 5 implements the granting of municipal utilities and should be guided by the principles of public, fair, fair and public interest. The licensor should ensure that sustained, safe, quality, efficient and affordable universal services are provided, and that the legitimate operation takes a reasonable return and takes the corresponding operational risks. Article 6. The authorities shall perform the following duties: (i) Develop municipal market planning; create open, fair and fair market environments; strengthen market regulation and regulate market behaviour; (ii) Specific organizational work, such as tendering for the granting of concessions for municipal utilities; (iii) Supervision of the obligations of the concessionaire in fulfilling its statutory obligations and the letter of contract; (iv) To receive complaints from the public about the concessionaire; (v) Character offences; (vi) Supervision of the quality of products and services provided by the licensee and security production; (vii) To assist the relevant sectors in accounting and monitoring the costs and costs of enterprises and to make price adjustments; (viii) Submission to the Government of the annual licence inspection report; (ix) To take a licence operation project temporarily in emergencies; (x) The granting of the Concessional Licence of Municipalities in accordance with the authorization to enter into a licence contract with the operators; (xi) Other responsibilities under laws, regulations and regulations. Article 7. Concessions of municipal utilities may take the following: (i) Within a certain period of time, the project will be awarded to the concessionaire to invest in the construction, operation, and the period of unpaid return (BOT); (ii) The transfer of municipal utilities infrastructure to the licensee within a certain period of time for the period of time (TOT); (iii) Authorized operators to provide public services within a certain period of time; (iv) Other modalities agreed by the Government. The term of operation shall not exceed 30 years in accordance with subparagraphs (i), (ii) of this article; in the manner of operation under subparagraph (iii) of this article, the term of operation shall not exceed eight years. Article 8. The granting of concessions by municipal utilities shall be open to social tenderers and operators through prescribed procedures. Article 9 Authorization by the competent authority shall be subject to the following procedures: (i) A programme for the implementation of the municipal utilities licence operation project, which was approved by the Government of the same-ranking people, undertakes social tenders, publishes tendering terms and accepts tenders; (ii) In accordance with the terms of tendering, the qualification review and programme prequalification of the licensor and the selection of eligible tender candidates; (iii) The organization of evaluation committees in accordance with the law and the selection of royalties to the extent that they are granted by the competent and public respondent; (iv) The result of the social presentation, which is not less than 20 days; (v) The end of the demonstration and no objection has been made to the markers, with the approval of the same-level people's Government, the signing of a licence contract with the enterprises that have granted the right to operate and the issuance of the Urban Municipal Public utility Concessions. Article 10. Those involved in a licence shall have the following conditions: (i) Corporate legal persons 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) There are corresponding experiences and good performance; (v) A corresponding number of technical, financial and operational key posts; (vi) Practical business programmes; (vii) Other necessary conditions provided by the Government. Article 11. Concession contracts shall include the following basic elements: (i) The content, scope and duration of the licence operation; (ii) Products and services standards; (iii) Determination methods, standards and procedures for price and fees; (iv) The right to and disposal of facilities; (v) Maintenance and updating of facilities; (vi) Security management; (vii) Performance guarantees; (viii) The termination and modification of the right to work; (ix) The rights and obligations of both parties; (x) Liability for default; (xi) Dispute settlement; (xii) Other matters considered by the parties to be agreed. Article 12 The competent authority shall submit the contract to the superior authority within 30 days of the signing of the licence contract. Article 13 (i) Compliance with relevant national legislation, regulations and regulations; (ii) Strict implementation of business contracts to provide socially sufficient products and services; (iii) To receive oversight inspections by the competent authorities on the quality of products and services, as well as temporary and other control measures by law; (iv) Reports of long-term development planning, annual business plans and production operations, and information on the implementation of contracts are submitted to the competent authorities at specified time; (v) Organizing safe production in accordance with national security regulations and standards of production of industry safety, and receiving oversight inspections in the relevant sectors; (vi) Safeguard and update the production facilities, equipment and facilities in a timely manner to ensure that the facilities are completed; (vii) The price specified or adjusted by the implementing price sector; (viii) To collect, classify, collate and archive information on the books of the various municipal utilities facilities and to preserve relevant information; (ix) Accept public scrutiny; (x) Other responsibilities and obligations under the contract agreement. Article 14. The licensor is required to change the name, address, the legal representative and must report in writing before the change to the competent authorities and agree with the authorities. Article 15. The Government shall indemnify the corresponding compensation for the economic losses caused by the assumption of the Government's public good directive mandate and for the Government's public utility facilities operated by the licensee in accordance with the law for public interest. Article 16, in accordance with urban planning requirements, shall be authorized by the competent authorities to allow other operators to connect their municipal utilities. In the course of the operation of the licence project, the competent authorities should organize expert mid-term assessments of business operations. The assessment cycle is generally not less than two years, and annual assessments can be carried out in exceptional circumstances. During the period of effectiveness of the licence operation contract, the parties considered that the content of the contract would need to be changed, and the parties to the contract must enter into supplementary contracts on the basis of mutual consultations; the concessionaire would need to terminate the licence contract in advance and should submit written requests to the competent authorities and the authorities should respond within three months from the date of receipt of the application. In the event of force majeure, the licensor was unable to operate properly, and the licensee's application and approval by the competent authorities could terminate the licence in advance. The licensee shall, under the supervision of the competent authorities, maintain the assets and archives necessary for the normal operation of the licence operation within the specified period of time to transfer the new operator. Until the new licensor takes over, the former licensor must guarantee normal operating production and services. Article 20 shall be preceded by six months prior to the expiration of the licence operation, and the authorities shall make the licence project openly available to the community for the selection of new concessionaires. Article 21, the public of society has the right to be informed and recommended for the operation of municipal utilities. The authorities should establish mechanisms for the participation of the public in order to ensure that the public is able to monitor the implementation of concessions. Article 2: The licensor has one of the following acts during the licence operation, and the competent authorities shall terminate the licence contract in accordance with the law, remove its licence and may take a temporary takeover: (i) The unauthorized transfer, renting the right to operate; (ii) Resolves to dispose or mortgage the property they operate; (iii) Significant quality and production of safety accidents due to mismanagement; (iv) The unauthorized occupation, the chewing, which severely affects the public interest and security of society; (v) Inadequate access to municipal utilities products, standards and requirements, with serious implications for the public interest; (vi) Other acts prohibited by law, regulations. Article 23 should establish a temporary take-off of emergency scenarios for the licence operation project. 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. Article 25 provides for companies that have granted the right to operate with undue means, such as deception, bribery, and the competent authorities shall remove their licence and report to the superior authorities. Enterprises that have been denied the right to do so may not participate in tenders for municipal utilities within three years. Article 26, in breach of the contract by the competent authority or the licensee, shall be subject to liability by the faulter to the breach of the obligation to cause the loss on the other party. Article 27 is one of the following cases in which the authorities and their staff are transferred by an order of responsibility of the Government of the people authorized by them or by an inspectorate, and administrative disposition by the competent and other persons responsible for the primary responsibility is governed by the law; and criminal responsibility is lawful: (i) The failure to perform oversight duties or oversight under the law and the grave consequences; (ii) The granting of the right to a licence to a bidder not in accordance with statutory conditions; (iii) Abuse of authority and provocative fraud. Article 28 licensor decisions on administrative penalties may apply to administrative review or administrative proceedings in accordance with the law. Article 29 of this approach has been implemented since 1 October 172. |
